2008-01
ORDINANCE NO. 2008-1
AN ORDINANCE TO AlVIEND TIIE ZONING lVIAP OF TIIE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROlVI R-3 RESIDENTIAL AND C-2 RETAIL
COlVIlVIERCIAL TO C-2 RETAIL COlVIlVIERCIAL VVITII PROFFERS "THE
PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX lVIAP PARCELS 57-1 (2)
117,118,119A
"VV"HEREAS, PNC Inc,. by:rv1:. Catharine Puskar, Attorney/Agen..t". submitted application No. Z-
807-06-1 requesting a change in the zoning classification from R-3 and C-2 to C-2 'VVith
proffers for the parcel identified above", and more specifically described in the attached metes
and bounds description.
V\THEREAS, the City Council has carefully considered the application, the recommendation
of the Planning CommissioTl and staff: and the testimony received at public hearings; and
V\.THEREAS, the City Council has determi:t"1cd that the proposed rezoning is proper an..d in
accordance vvith the Comprehensive Plan as vvell as vvith the pertinent provisions set forth in
the Code of Vir2:inia and the Code of t.he City of Fairfax VirQinia;
NOVV, THEREFORE BE IT ORDAINED, that the above-described property be rezoned from
R-3 Residential and C-2 Retail Commercial to C-2 Retail Commercial vvith profrers.
BE IT FURTHER ORDAINED that the above described property is subject to the follovving
reasonable conditions authorized by City Code Sectioll 110-7" vvhich are proffered by the
property oV"v'ncrs:
1. Generalized Development: Plan
Development of the Application Property shall be in substantial conformarlce V\l"ith the GDP"
containing thirteen (13) sheets prepared by Bohler Engineering" P.C." as revised through
December 19, 2007.
2. Approved Uses
This rezoning is only granted for the purpose(s)". structure(s) and/or usc(s) indicated on the
GDP" as qualified by these proffers. AT1Y future change in use oT the building located on the
Application Property to a different use that is permitted by right or V"v'ith a special use permit
under tl""1c C-2 District and the TOD regulations of the City Code shall be alloV\l"ed to be
established V\l"ithout a proffer amendment" provided that all City Code requirements goveming
such use have been met.
3_ Signs
Regardless of V\l"hat is shoV\l"I1 on any graphics that may have been submitted pursuant to this
zoning Application" and unless additional approvals are granted that may permit and increase
in sigrlage Orl the Applicatiorl Property" all 1""1eV\l" ground-mounted and building-mounted signs
located on the Application Property shall be in conformance Chapter 110" Division 7 of the
City Code" and the TOD regulations" subject to the approval of the Board of Architectural
Revievv (the "BAR").
4_ Light;ing
Site and building-mol..1-nted lighting shall be provided in conformance V\l"ith the City Code.
Prior to site plan approval" the Applicant shall submit a photometric plan for revie~ and
approval by the Zoning Administrator. The max-imum illumination levels from all light
sources shall not exceed 0.5 foot candles at the property line. In addition" lighting fixtures
shall not cause direct glare or direct. light onte> the neighboring residential property.
s. Archit:ect:ure
a. The building elevations prepared by Gensler Architecture Design & Planning, P.c.,
dated July 16, 2007, are provided to illustrate the architectural theme and design intent
of the building. The architectural design of the proposed buildings shall generally
conform to the character and quality of the building elevations, but the Applicant
reserves the right to modify the elevations based on final architectural design and BAR
approval.
b. The logo(s) located within the atrium of the building as illustrated on the building
elevations shall not be illuminated.
6. Streetscaping
Streetscaping shall be substantially similar in design to that provided for the Jaguar Property,
which is located across the street from the Application Property.
7. Subdivision Plat
Prior to site plan approval, the Applicant shall record among the Fairfax County Land
Records a subdivision plat consolidating the three parcels that comprise the Application
Property.
8. Counterparts
These proffers may be executed in one or more counterparts, each of which when so executed
and delivered shall be deemed an original document and all of which when taken together
shall constitute one and the same instrument.
9. Traffic Calming
Six months after the traffic calming measures' commencement of operation at the western
entrance on Judicial Drive, the transportation calming measures shall be evaluated by staff
and the Applicant for effectiveness. If, after 12 months from commencement of operation of
these measure further changes are warranted, then warranted changes will be brought back to
the Council for further action after consultation with the Applicant and staff.
BE IT FURTHER ORDAINED, that the above conditions, application package, Rezoning,
PNC General Development Plan, from City Code Section 86-8 be approved.
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 proffered
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: September 10, 2007
City Council hearing: January 22,2008
Adopted: January, 22, 2008
QUi
I
Mayor
"-5/11 it) g-
/ Date
ATTEST:
iJ~
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Nay
Councilman Silverthorne Aye
Councilmember Winter Aye
~
M. Catharine Puskar
(703) 528-4700 Ext. 5413
cpuskar@arl.thelandlawyers.com
WALSH COLUCCI
LUBELEY EMRICH
& WALSH PC
RECI:.IVED
February 26, 2008
FEB 2 6 2008
Dept. of Connunity
Development & Planning
Via Hand Deliverv
Nick Colonna, Senior Planner
Department of Community Development and Planning
City of Fairfax
10455 Armstrong Street
Fairfax, Virginia 22030
Re: Z-807-06-1
Applicant: PNC Bank, N.A.
Dear Mr. Colonna:
On behalf of the Applicant, please find enclosed revised signed proffers as amended by
Council.
Should you have any questions, please do not hesitate to give me a call.
Very truly yours,
WALSH, COLUCCI, LUBELEY, EMRICH & WALSH, P.C.
-~(Y) C 8h~
M. Catharine Puskar
Enclosures
cc: Dennis Hartman
Susan Golomb
PHONE 70352,84700 , FAX 7035253197 ' WWW.THELANDLAWYERS.COM
COURTHOUSE PLAZA I 2200 CLARENDON BLVD., THIRTEENTH FLOOR' ARLINGTON, VA 22201-3359
LOUDOUN OFFICE 703 737 3633 I PRINCE WILLIAM OFFICE 703 680 4664
{A0I36257.00C / I Letter to Colonna 2/26/08005421 000007L ,,," '.' \. "
PROFFERS
PNC Bank, N.A.
Z-807 - 06-1
February 14,2008
Pursuant to Section 15.2-2303(a), Code of Virginia 1950, as amended, the owners and
PNC Bank, N.A. (hereinafter referred to as the "Applicant"), for themselves, their
successors and assigns in Z-807 -06-01, filed on property identified as Fairfax City Tax
Map Reference 57-1 ((2)) 117, 118 and 119A (hereinafter referred to as the "Application
Property"), hereby proffer to the following, provided that the Fairfax City Council
approves the rezoning of the Application Property, containing approximately 1.29 acres
and located in the Old Town Fairfax Transition Overlay District (hereinafter referred to
as the "TOD"), from the R-3 District and the C-2 District to the C-2 District, in
conjunction with a Generalized Development Plan (hereinafter referred to as the "GDP")
for a financial institution with a drive-through. If accepted, these proffers shall supersede
and replace any previous proffers on the Application Property.
1. Generalized Development Plan
Development of the Application Property shall be in substantial conformance with the
GDP, containing thirteen (13) sheets prepared by Bohler Engineering, P.C., dated
August 7, 2006 as revised through December 19, 2007.
2. Approved Uses
This rezoning is only granted for the purpose(s), structure(s) and/or use(s) indicated on
the GDP, as qualified by these proffers. Any future change in use of the building located
on the Application Property to a different use that is permitted by right or with a special
use permit under the C-2 District and the TOD regulations of the City Code shall be
allowed to be established without a proffer amendment, provided that all City Code
requirements governing such use have been met.
3. Signs
Regardless of what is shown on any graphics that may have been submitted pursuant to
this zoning Application, and unless additional approvals are granted that may permit and
increase in signage on the Application Property, all new ground-mounted and building-
mounted signs located on the Application Property shall be in conformance Chapter 110,
Division 7 of the City Code, and the TOD regulations, subject to the approval of the
Board of Architectural Review (the "BAR").
Z-807-06-1
PNC Bank, N.A.
4. Lighting
Site and building-mounted lighting shall be provided in conformance with the City Code.
Prior to site plan approval, the Applicant shall submit a photometric plan for review and
approval by the Zoning Administrator. The maximum illumination levels from all light
sources shall not exceed 0.5 foot candles at the property line. In addition, lighting fixtures
shall not cause direct glare or direct light onto the neighboring residential property.
5. Architecture
a. The building elevations prepared by Gensler Architecture Design & Planning,
P.C., dated July 16, 2007, are provided to illustrate the architectural theme and
design intent of the building. The architectural design of the proposed buildings
shall generally conform to the character and quality of the building elevations, but
the Applicant reserves the right to modify the elevations based on final
architectural design and BAR approval.
b. The logo(s) located within the atrium of the building as illustrated on the building
elevations shall not be illuminated.
6. Streetscaping
Streetscaping shall be substantially similar in design to that provided for the Jaguar
Property, which is located across the street from the Application Property.
7. Subdivision Plat
Prior to site plan approval, the Applicant shall record among the Fairfax County Land
Records a subdivision plat consolidating the three parcels that comprise the Application
Property.
8. Counterparts
These proffers may be executed in one or more counterparts, each of which when so
executed and delivered shall be deemed an original document and all of which when
taken together shall constitute one and the same instrument.
9. Traffic Calming
Six months after the traffic calming measures' commencement of operation at the
western entrance on Judicial Drive, the transportation calming measures shall be
evaluated by staff and the Applicant for effectiveness. If, after 12 months from
commencement of operation of these measures further changes are warranted, then
warranted changes will be brought back to the Council for further action after
consultation with the Applicant and staff.
{A0135396.DOC /1 Proffers February 14, 2008 clean 005421 000007}
Z-807-06-1
PNC Bank, N.A.
Signature Page
APPLICANT/LESSEE
PNC Bank, N.A.
/
/
t_ / . / /
. .>/ /
,,/(~.p f-p Jilf/'-
,>.t//;JU",-, ~
By: Susan Golomb
Its: Vice President, Director of Retail Development
[SIGNATURES CONTINUE ON NEXT PAGE]
{A0135396.DOC /1 Proffers February 14, 2008 clean 005421 000007}
Z-807 -06-1
PNC Bank, NA
Signature Page
TITLE OWNER/LESSOR
\
\
\
[SIGNATURES CONTINUE ON NEXT PAGE]
{A0135396.DOC 11 Proffers February 14, 2008 clean 005421 OOOOO?}
2-807-06-1
PNC Bank, N.A.
Signature Page
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""
CONTRACT PURCHASER
JDC Ventures, L.L.C.
B
Its: ~
[SIGNATURES END]