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20001114 2000-25ORDINANCE NO. 2000-25 AN ORDINANCE TO AMEND CHAPTER 26, TO MODIFY ARTICLE II, DISTRICT DEVELOPMENT STANDARDS AND REGULATIONS GENERALLY, DIVISION 1, GENERALLY, AND DIVISION 4, SITE PLANS, TO PROVIDE FOR MINOR SITE PLANS, PLANS OF DEVELOPMENT, AND RESIDENTIAL USE PERMITS AND TO ADD SECTION 26-28.2 TO PROVIDE FOR NON- RESIDENTIAL USE PERMITS WHEREAS, the City Code regulations regarding site plan requirements do not adequately reflect the goals and objectives of the Comprehensive Plan; WHEREAS, both the information required by the City Code to be provided on site plans and the site improvements required by the City Code for minor site improvements inhibit revitalization of existing buildings and sites in the City of Fairfax; and WHEREAS, the City Code provisions for a Certificate of Occupancy to permit land uses conflicts with certain provisions of the Code of the Commonwealth of Virginia. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Division, 1, Section 26-11, Chapter 26, of the Code of the City of Fairfax, Virginia be revised to read in its entirety as follows: Section 26-11. Location checks; residential and non-residential use permits. (a) (b) (c) Location check. No building, except additions or accessories to existing dwellings, shall proceed beyond first floor level until the location of the footings and walls as shown by certified surveyor's plat thereof, has been approved by the zoning administrator. Residential and non-residential use permits. No land or structure shall be used until the zoning administrator shall have issued a residential use permit or non- residential use permit stating that such land or structure and its location is found to be in conformity with the provisions of this chapter and all other applicable ordinances. Certificate of occupancy. Any certificate of occupancy issued under this chapter prior to November 15, 2000 and remaining valid on that date shall be considered to fulfill the requirement for a residential or non-residential use permit. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Division 4, Section 26-20 through 26-28.1, Chapter 26, of the Code of the City of Fairfax, Virginia be revised and that Section 26-28.2 be added to read in its entirety as follows: Section 26-20. Development of land use requiring a site plan. (a) A site plan is required for any use or development of property located in any zoning district, except: (1) Use or development of property qualifying for submittal of a minor site plan and for which a minor site plan has been approved in accordance with the provisions of this division. (2) Single-family detached dwellings, related accessory structures in the R- 1, R-2 and R-3 Residential Districts and any special use not requiring physical alterations to the lot or building. 2000-25 -2 (3) Use or development of property qualifying for submittal of a plan of development and for which a plan of development has been approved in accordance with the provisions of this division. (4) Public improvements made within a public right-of-way or easement by any official of the City of Fairfax. (b) No building permit, residential use permit, or non-residential use permit shall be issued for a development requiring a site plan, minor site plan, or plan of development until the such plan has been approved. (c) A minor site plan may be submitted for any of the following: (1) (2) (3) (4) (5) Expansion of curb, gutter, and/or paved areas to support parking, loading, trash or recycling enclosures, or similar facilities; Modification of screening or landscaping materials or design; Addition or modification of site lighting facilities; Minor expansion of a building or buildings, not to exceed the lesser of five percent (5%) of the floor area or five thousand (5,000) square feet beyond that which is shown on the original approved site plan or beyond that which is shown on a subsequent site plan for an expansion that was approved without utilizing these minor expansion provisions; or Minor expansion of a building or buildings, not to exceed the lesser of five percent (5%) of the floor area or five thousand (5,000) square feet beyond that which was constructed prior to the original adoption of a requirement for site plan approval on December 2, 1969. It shall be the responsibility of the applicant to provide the information necessary to prove to the satisfaction of the zoning administrator that the building existed in the current configuration prior to December 2, 1969. (d) A plan of development may be submitted for any of the following: (1) (2) (6) (3) (4) (5) Restriping of an existing parking lot, including loading areas; Construction of trash enclosures and recycling enclosures; Change in use of a multiple use property; Erection of area lighting standards and fixtures; Temporary uses or structures listed in Article III of this chapter as permitted temporary uses in the district applicable, with the additional requirement that such temporary uses or structures will be removed within one year of initial placement; or Other changes to approved site plans or projects that existed prior to December 2, 1969 that, in the opinion of the zoning administrator, are similar to and carry no more impact than one or more of items 1 through 4 of this subsection. (e) Notwithstanding the provisions of this division, no enlargement, extension or structural alteration of a nonconforming use may be permitted without meeting the requirements contained in Division 5 of this article. Section 26-21. Procedure (a) All site plans or minor site plans that are appropriately submitted and that are certified by the zoning administrator as conforming to the standards and requirements set forth in this chapter shall be approved by the plan-approving agent designated by the city manager, hereinafter referred to as the agent. 2000-25 -3 All plans of development that are appropriately submitted and that conform to the standards and requirements set forth in this chapter shall be approved by the zoning administrator. (c) The property owner or his designee shall submit a site plan or minor site plan to the plan-approving agent or submit a plan of development to the zoning administrator, including a completed application and twelve (12) prints of the plan. (d) Site plans, minor site plans, and plans of development shall be prepared and certified by an engineer, architect, land surveyor or landscape architect duly authorized to practice by the Commonwealth of Virginia. No person shall prepare or certify any portion of a site that is outside the limits of his professional expertise and license. (e) With the site plan, minor site plan, or plan of development, the applicant shall submit applicable fees consistent with the adopted fee schedule. The applicant shall also submit certified mail receipts from notices sent to the owners of each property abutting to or across the street from the subject property. Such notices shall inform the owners that the plan has been submitted and will be considered for approval not less than ten (10) days after receipt of the notice for a site plan and not less than five (5) days after receipt of notice for a minor site plan or plan of development. If the adjacent development is of condominium ownership, then notification sent to the condominium association shall be sufficient to satisfy this provision. (f) Written comments pertaining to a site plan, minor site plan, or plan of development may be filed with the agent by any interested party within the period prescribed in the notice or at any time prior to approval of the site plan. (g) The site plan, minor site plan, or plan of development shall be forwarded to the board of architectural review pursuant to section 26-208 if the subject site is located in an historic overlay district. (h) The agent shall notify the applicant in writing of the action to approve or deny the site plan or minor site plan and shall forward a copy to the zoning administrator. The zoning administrator shall notify the applicant in writing of the action to approve or deny the plan of development. In the event that a plan is denied, the plan-approving agent or zoning administrator shall indicate the reasons for denial. The decision by the zoning administrator or plan-approving agent may be appealed to the board of zoning appeals in accordance with section 26-219 et seq. Section 26-22. Required information. The zoning administrator, during pre-application discussions with the applicant, shall determine information required for the submittal of a plan of development. Minor site plans shall include only those types of information required for a site plan that the agent deems necessary to review the request. Site plans shall be prepared at a scale no smaller than one (1) inch equals thirty (30) feet and shall be submitted as twenty-four (24) by thirty-six (36) inch prints, unless a modified format is permitted by the agent. All site plans and minor site plans shall contain the following information, except that the information provided for minor site plans may be limited to the locations on the site where site construction is proposed, if the agent determines that such limitation allows proper review of the plan: 2000-25 -4 (a) Location of tract by an inset map at a scale of not less than one inch equals two thousand feet (1" = 2000'), indicating scaled coordinates referred to in U.S.C.& G.S., state grid north and such information as the names and numbers of adjoining roads, streams and bodies of water, subdivisions, and districts or other landmarks sufficient to clearly identify the location of the property. (b) Name and address of the owner or developer and contract purchaser (if any), north arrow, scale of the drawing and date of preparation and revisions. (c) Boundary of the entire tract by courses and distances with reference to true meridian or state grid system and area of the tract. (d) All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the closest one hundredth of a foot (.00), and all bearings in degrees, minutes and seconds to the nearest ten (10) seconds. (e) Certificate signed by the preparer of the plan setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title. (0 Certified topographic map of the parcel at a minimum two-foot contour interval, showing existing and proposed contours and delineating the Resource Protection Area and the one-hundred-year floodplain elevation, if applicable. (g) U.S.G.S. datum used for all elevations with location and elevation of benchmark shown. (h) Locations and dimensions of existing and proposed: (1) Structures on the site showing distance to lot lines and centerlines of adjacent streets; (2) Streets and easements on and adjacent to the site with rights-of-way and pavement widths; (3) Driveways and curb cuts on the site and adjacent properties; (4) Parking and loading areas; all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and location, height and intensity of proposed lighting; (5) Sidewalks, trails and open space; (6) Median strip openings and their relationship to the site; (7) Water and sanitary sewer facilities, indicating all pipe sizes, types, and grades and the location of connection to public utility systems; (8) Underground electric, telephone and television cables, both on-site and in adjacent rights-of-way; (9) Street and site lighting, indicating all fixture styles and heights, types of luminaire, location of fixtures, and illumination levels and uniformity values. 2000-25 -5 (i) Proposed elevations at control points such as driveways, ramps and any other locations determined by the agent to be necessary for the adequate evaluation of the plan. (J) The proposed location and general use of each building, including outside display areas. (k) Angles of bulk plane where minimum angles of bulk plane are prescribed by the provisions of this chapter. (1) Sufficient information to show how the physical improvements associated with the proposed development such as walkways, driving lanes, and curb and gutter interrelate with existing or proposed development of record on adjacent properties. (m) A tree management plan as required in Division 10 and a landscaping plan showing the location, number, type and size of all proposed plant material at the times of planting and ten (10) year maturity. The landscaping plan shall also depict all trees larger than five (5) inches in diameter existing on-site prior to development and intended to be retained. (n) Location, type, materials, size and height of fencing, retaining walls and other screening including an elevation drawing. (o) Vertical cross-sectional view showing: (1) (2) (3) (4) Height of proposed structures. Number of stories. Location and access to underground parking. Proposed grades of each floor, including basements. (p) Plan of each proposed parking garage level. (q) Additional information deemed essential by the agent to permit adequate review of the plan. (r) The following data in tabular form: (1) (2) (3) (4) (5) (6) (7) Area of parcel in square feet. Proposed gross floor area and the area of the above grade horizontal surface of any parking structure. Proposed floor area ratio and maximum permitted. Number and type of dwelling units. Number of parking and loading spaces required and proposed. Special exceptions, special use permits, or variances granted by the city council or the board of zoning appeals, and administrative reductions or waivers granted by the zoning administrator or requested concurrent with the site plan application. Landscaped open space required and proposed. (s) Provisions for erosion and sediment control and the disposition of natural and stormwater including the proposed location, sizes, types and grades of ditches, catchbasins and pipes and connections to existing drainage systems, along with any proposed water quality enhancement facilities in accordance with the requirements of Divisions 2, 3, 11, and 12 of this chapter. 2000-25 -6 (t) Provisions for parking for the disabled in accordance with the requirements of the Commonwealth of Virginia. (u) Locations of all entrances and exits to and from all buildings on the site. (v) Locations of all roof drains. (w) Phasing plan for projects anticipated to request phased occupancy. Section 26-23. Exceptions. The agent, after consultation with the zoning administrator, may waive the submission of some of the information required by section 26-22 if he determines that the proposed use or development may be adequately reviewed without some of the required information. Section 26-24. Review Standards. In furtherance of the purposes of this chapter and to assure the public safety and general welfare, no site plan or minor site plan shall be approved unless the following are incorporated into the plan: (a) Provisions for safe and functionally efficient traffic circulation and control on the site, and access to adjacent sites and public rights-of-way; (b) Provisions for adequate fire protection approved by the fire marshal, and adequate water and sanitary sewer facilities approved by the director of utilities; (c) Compliance with design criteria, construction standards and specifications for required public improvements or site development adopted by the Code of the City of Fairfax or by the Commonwealth of Virginia; (d) Provisions for pedestrian traffic and connection of proposed sidewalks and bicycle trails to the city's system where such system is existing or planned adjacent to the proposed development; (e) Provisions for adequate storm water management and erosion and sediment control measures as specified in this chapter; (f) Proof of easements required to develop or use the property as indicated on the plan; (g) Provisions for service roads on property bordering arterial streets where adopted city plans specifically indicated such roads. However, notwithstanding the requirements of sections 26-168, 26-173 and 26-178, no proposed structure shall be located closer than ten (10) feet from the service road right-of-way or easement line; (h) Dedication to the city of rights-of-way for streets, service roads (if required) and other facilities for public use (e.g., utilities and park areas), and easements necessary for their construction and maintenance; (i) Delineation of each "no parking," reserved parking and handicapped parking area on the site; 2000-25 -7 O) Adequate provisions for refuse disposal. If dumpsters are used for refuse disposal, then each dumpster shall be located on a concrete pad with minimum dimensions of twenty (20) feet by twelve (12) feet and screened in accordance with the requirements contained in Division 10. Refuse disposal areas shall be located so that they are accessible by a disposal truck without impeding traffic or encroaching upon required parking spaces; (k) The underground installation of all on-site utilities in accordance with city and applicable utility company standards. In addition, when the proposed development will result in moving or relocating existing overhead utilities located in adjoining rights-of-way, the applicant shall be responsible for placing such utilities under ground and dedicating any additional right-of-way or easement that is necessary. Equipment such as electric distribution transformers, switch gear, meter pedestals and telephone pedestals which is normally installed above ground in accordance with generally accepted utility practice for underground distribution may be so installed. Temporary overhead facilities required for construction purposes shall be permitted. The city council may grant special exceptions to modify the requirements of this provision if the applicant clearly demonstrates that the requirements pertaining to the underground placement of utilities in adjacent rights-of-way will result in an expense which exceeds five (5) percent of the total cost of the proposed construction. Special exceptions shall only be granted by city council pursuant to the procedures and limitations established for special use permits set forth in section 26-103; (1) Provisions for adequate site and street lighting to provide safety and security for both pedestrian and vehicular traffic. Lighting fixture style shall be compatible with the architecture of the buildings located on the site. On-site lighting shall be directed downward and inward to prevent spill light on adjacent property. No lighting fixture within or immediately adjacent to any residential district shall exceed twelve (12) feet in height, nor shall any lighting fixture located elsewhere exceed twenty (20) feet in height. The site plan shall address lighting for facilities which may require special lighting. White light sources/luminaires shall be used to provide improved color rendition, unless otherwise approved by the agent. Levels of illumination shall be consistent with the foot-candles and uniformity values specified in the latest edition of the Illuminating Engineering Society Lighting Handbook. (m) Compliance with all requirements of this chapter. Section 26-25. Screening Screening from adjacent property shall be provided in accordance with the requirements contained in Division 10, Tree Preservation, Landscaping and Screening. Section 26-26. Completion agreement and bond Prior to approval of any site plan, there shall be executed by the owner or developer and submitted with the site plan an agreement in form and substance as approved by the city to construct all physical improvements required by the provisions of this chapter. A bond, with surety or condition acceptable to the city, in the amount of 2000-25 -8 One hundred (100) percent of the estimated cost of all required improvements which are (1) to be dedicated to public use; (2) on property owned by a homeowners' association; (3) within an easement or right-of-way to the benefit of the City of Fairfax; or (4) connected to a public facility; and (b) Twenty-five (25) percent of the estimated cost of all other required physical improvements; and (c) One hundred (100) percent of the estimated cost of all plant material required by this chapter or designated to be preserved in the development process. All estimates of cost shall accompany the site agreement and shall be subject to approval by the plan-approving agent. The aforesaid agreement and bond shall be provided to ensure completion of all work or improvements therein stated within the time cited in the agreement and determined by the agent. The completion time may be extended by the city manager upon written application by the owner or developer, signed by all parties to the original agreement and to the bond. The adequacy, conditions and acceptability of any bond hereunder shall be determined by a bond committee appointed by the city manager. In any case where the bond committee has rejected any such agreement or bond, the owner or developer may appeal such decision to the city council. Partial bond release shall be permitted consistent with the requirements of the Commonwealth of Virginia. Section 26-27. Inspection and supervision during installation. (a) The construction standards for all off-site and on-site improvements required by this division shall conform to applicable plumbing, building, electrical, fire and health codes, and other applicable laws, ordinances and regulations. The director of public works shall approve the plans and specifications for all required improvements, and shall supervise inspection of the construction of such improvements to assure conformity. The developer or owner shall notify the director of public works not less than twenty-four (24) hours prior to undertaking construction of streets, storm sewer work and other facilities to be publicly maintained. (c) The developer or owner shall provide adequate supervision of all work related to the development of the site, and shall have a responsible superintendent or foreman, together with one set of approved plans, profiles and specifications, available at the site at all times while work is being performed. Section 26-28. Residential Use Permits. (a) A residential use permit shall be issued by the zoning administrator only for developments or completed phases of developments which conform to approved site plans. A residential use permit shall be issued for any single- family residence on a lot that conforms to an approved site plan if all public improvements required under the approved site plan are complete or are properly bonded for completion. (b) Temporary residential use permit: 2000-25 (c) (1) (2) -9 (3) A temporary residential use permit shall be issued for an approved project if remaining improvements are limited to landscaping and paving which cannot be completed because of adverse climatic conditions, provided that each area to be paved has been provided with a dustless surface and the zoning administrator has determined that the issuance of such certificate will not be detrimental to the public health, safety and welfare. For purposes of this section, a dustless surface shall be the equivalent of an asphaltic concrete base paving course approved on the applicable plan. (4) A temporary residential use permit shall also be issued for a completed section or phase of an approved project provided that the zoning administrator determines that it conforms to applicable regulations, it is independently functional with respect to the remainder of the project, a phasing plan has been approved, and all on-site and off-site improvements pertaining to the completed section have been completed, inspected and approved except as provided for in section 26-28(b)(1). A temporary residential use permit shall be valid for a period of up to ninety (90) days from issuance and may be renewed for up to an additional ninety (90) days upon written application by the owner or developer provided that all other work in progress conforms to the approved site plan and applicable requirements. No temporary residential use permit shall be issued until either a temporary or permanent certificate of occupancy has been issued in accordance with the Unified Statewide Building Code. A permanent residential use permit shall be issued only after: (1) The owner or developer has submitted the appropriate application; and, (2) (3) (4) All necessary inspections for on-site and off-site construction have been completed to the satisfaction of the zoning administrator; and (5) A certified "as built" site plan has been filed for the lot, phase or project. The "as built" site plan may be a copy of the original approved site plan with an affidavit attached stating that all construction has been completed in compliance with the approved plan, or shall show all deviations from the approved plan with an affidavit attached stating that no deviations exist except those shown. The "as built" plan shall be certified by an engineer, architect or land surveyor to the limits of his license. The owner or developer maintains a construction bond for all improvements or, after completion of all improvements and discharge of the performance bond, has provided a two-year warranty bond with surety equal to ten (10) percent of the original completion bond in a form satisfactory to the city. No permanent residential use permit shall be issued until either a temporary or permanent certificate of occupancy has been issued in accordance with the Unified Statewide Building Code. / 2000-25 -10 Section 26-28.1. Validity of approved site plans. An approved site plan shall become null and void if no grading or construction has commenced on the site within five (5) years after approval. The agent may grant a single one- year extension upon written request of the applicant provided that the request is made at least thirty (30) days prior to the expiration date of the approved site plan. Section 26-28.2 Non-Residential Use Permits. (a) A non-residential use permit shall be issued by the zoning administrator only for developments or completed phases of developments which conform to approved site plans. (b) Temporary non-residential use permits: (1) A temporary non-residential use permit shall be issued for an approved project if remaining improvements are limited to landscaping and paving which cannot be completed because of adverse climatic conditions provided that each area to be paved has been provided with a dustless surface such as B-3 base coat and the zoning administrator has determined that the issuance of such certificate will not be detrimental to the public health, safety and welfare. (2) A temporary non-residential use permit shall also be issued for a completed section or phase of an approved project provided that the zoning administrator determines that it conforms to applicable regulations, it is independently functional with respect to the remainder of the project, a phasing plan has been approved by the agent and the zoning administrator, and all on-site and off-site improvements pertaining to the completed section have been completed, inspected and approved except as provided for in section 26-28.1 (b)(1). (3) A temporary non-residential use permit shall be valid for a period of up to ninety (90) days from issuance and may be renewed for up to an additional ninety (90) days upon written application, by the owner or developer provided that all other work in progress conforms to the approved site plan and applicable requirements. (4) No temporary non-residential use permit shall be issued until either a temporary or permanent certificate of occupancy has been issued in accordance with the Unified Statewide Building Code. (c) A permanent non-residential use permit shall be issued only after: (1) The owner or developer has submitted the appropriate application; and, (2) All necessary inspections for on-site and off-site construction have been completed to the satisfaction of the zoning administrator; and (3) A certified "as built" site plan has been filed and approved for the project. The "as built" site plan may be a copy of the original approved site plan with an affidavit attached stating that all construction has been completed in compliance with the approved plan, or shall show all deviations from the approved plan with an affidavit attached stating that no deviations exist except those shown. The "as built" plan shall be certified by an engineer, architect or land surveyor to the limits of his license. 2000-25 -11 (4) The owner or developer, after completion of all off-site improvements and discharge of the performance bond, has provided a two-year warranty bond with surety equal to ten (10) percent of the original completion bond in a form satisfactory to the city. (5) A permanent certificate of occupancy has been issued in accordance with the Unified Statewide Building Code. Secs. 26-29, 26-30. Reserved. The ordinance shall become effective as provided by law. Planning Commission Hearing: _ October 23, 2000 City Council Hearing: November 14, 2000 Adopted: November 14, 2000 Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome Vote Aye Absent Aye Aye Aye Aye Mayor Date ATTEST: