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2008-14 ORDINANCE NO. 2008-14 AN ORDINANCE TO AJVIEND THE ZONING lVIAP OF THE CITY OF FAIRFAX. VIRGINIA TO RECLASSIFY FROJVI C-2 RETAIL COJVIJVIERCIAL "-'ITH PROFFERS TO C-2 RETAIL COJVIJVIERCIAL "-'ITI-I PROFFERS "TI-IE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX lVIAP PARCELS 47-4-02- 004 AS A 4.98 ACRE PORTION OF THE 5.81 ACRE PARCEL TO BE REZONED AND 47-4-02-002Bl. V\THEREAS", Robert E_ Stafford and Associates, LP.", and JDe Fairfax, Contract Purchaser, by Jennifer Homback" Agent" submitted application NCL 2-0850003 requesting a cl"1an..ge iT1 the zoning classification of a 5.81 acre tract of land from C-2 Retail COIT1mercial vvith.. Proffers to C-2 Retail Commercial vvith Proffers aT1d more specifically described in the attached nLctcs and bounds description; VV"HEREAS,. the City Council has carefully considered the application,. the reCOn__1.1T1.CndatioB or the Plaru"1ing Commission and starr" and the testimony received at public h..earings; and VVHEREAS,. the City Council has determined that the proposed rezoning is proper and in accordance V\7ith the Comprehensive Plan as V\7ell as V\7ith the pertinent provisions set Torth in the Code of Vir2:inia and the Code of the Citv of Fairfax Vir2:in.ia; NO"W', THEREFORE BE IT O=AINED, that the above-described property be rezoned ["ron. C-2 Retail Commercial V\7ith Proffers to C-2 Retail Commercial v.rith ProTrers. BE IT FURTHER ORDAINED that the above described property is subject to the follovving reasonable co.n.dition.s auth.orized by City Code Section 110-7,. vv1""1ich are proffered by the property OV\7ners: 1. The proposed development shall be constructed in substantial confOrrl""1anCe V\/ith tl""1e Conceptual Development Plan/SUP Plan (the "CDP/SUP") prepared by "W'alter L. Phillips, Inc. dated April 24, 200S as revised through June 20, 200S. 2. The applicant shall remove invasive plant material and trash debris located along tl""1e Central Fork Accotink Creek stream bank and shall as part of the first site plan submission for the application property include a landscape plan ror additional plantings along the stream bank::. and floodplain area of tl""1e subject property subject to revieV\/ and approval by City Staff. 3. As shoV\/n on Sheet 8 orthe Conceptual Development Plan/SUP,. prior to approval OT the first site plan for the application property,. the applicant shall dedicate and convey to the City that portion oT the Central Fork Accotink Creek stream valley located V\7ithin the application area,. and the adj acent land,. frorn the southem boundary of tl""1e Resource Protection Area,. except as '-Vhere it may vary to ensure that the remaining parcel still conforms to applicable zoning requireme1""1ts such as rear yard setbacks,. open space and tree cover,. to llorthem property line of the application property such an area that is a minimum of 8.0 acres. 4_ The applicant shall,. prior to issuance of the first occupancy permit ror the application property,. contribute the sum of $50,.000 to the City ror recreational purposes V\/ithil""1 the City; and,. the applicant shall contribute an additional total of $15,.000 to cover the initial park costs ror three (3) years ($5,.000 per year for the first three (3) years). 5. The applicant shall submit a Phase I Archaeology Study prior to approval of the first site plan for the application property and if recommended", conduct a Phase 2 study on the area proposed to be disturbed. Iftl""1e Phase 2 study recommends allY recovery of artifacts,. the applicant shall recover such arti-racts and donate such artifacts to the City,. irrequested by the City. 6. Access to tl""1c site shall be provided via a rull movement,. signalized entrance located opposite an existing median break on Fairfax BOl..1.1evard approximately 1,.075 feet '-Vest or Plantation Park'-Vay and a right-in/right-out entrance located approximately 480 feet west of Plantation Parkway. In the event a signal is not approved by the Director of Public Works at the westernmost full movement entrance in accordance with Proffer 9, the westernmost entrance shall be configured to provide for left-turn inbound and right-inJright-out movements only. 7. At the time of submission of the first site plan for the application property, the applicant shall complete a traffic signal warrant study for the westernmost entrance of the application property on Fairfax Boulevard based on full build out of the application property. If deemed warranted by the City, the applicant shall design, equip and install said traffic signal within existing rights-of-way, including modifications to signal timings at the nearest up and downstream signals (Plantation Parkway and Eaton Place) exclusive of modifications to existing hardware at those locations such as replacement of mast arms, signal heads etc. In the event any off-site rights-of-way and/or easements necessary to complete the installation of the signal at the westernmost entrance are not made available to the applicant at no cost, then the applicant shall escrow $250,000 towards the future installation of a signal at this location. If a signal is not approved by the Director of Public Works for any reason at the westernmost entrance on Fairfax Boulevard then the applicant's obligation towards signalization of the westernmost entrance is null and void. 8. The applicant shall construct an eastbound left-turn lane on Fairfax Boulevard at the westernmost site entrance within the existing median area of Fairfax Boulevard to provide 250 feet of storage with a 100- foot taper prior to issuance of the first occupancy permit for the application property. For purposes of this Proffer, the term "construct" shall mean substantially completed and available for use by the public as determined by the Director of Public Works but not necessarily accepted for maintenance by the City and/or others. 9. The applicant shall extend the eastbound left-turn lane on Fairfax Boulevard at Plantation Parkway in order to provide for a total of 400 feet ofleft-turn storage and a 50 to 100-foot taper as may be approved by City staff within the existing median area of Fairfax Boulevard and provided any off-site rights-of-way and/or easements are provided at no-cost to the applicant. Such improvement shall be completed prior to Surety bond release for the application property. In the event, such off-site rights-of- way and/or easements are not available then the applicant shall escrow the cost to complete said extension in the future by others as determined by the Director of Public Works. 10. The applicant shall provide for interparcel access with the adjacent properties to the east in a location to be determined in consultation with the adjacent property owners/assigns and City staff at such time as either the adjacent properties redevelop and/or the City Council determines such access is necessary. 11. Upon demonstration by the applicant that, despite diligent efforts by the applicant, provision of an improvement has been unreasonably delayed by others or by circumstances beyond the control of the Applicant, the Director of Public Works may agree to a later date for the completion of each improvement. 12. The applicant/owner shall grant any necessary easements to the City for future construction, use, access and maintenance for a future trail along the stream from Plantation Parkway to the western boundary of the application property. BE IT FURTHER ORDAINED, that the above rezoning, proffered conditions, application package and Conceptual Development Plan, 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: June 23, 2008 City Council hearing: June 24, 2008 Adopted: June 24, 2008 G~~l~ ayor 9~~g/ I / Date ATTEST: ~~ City Clerk The motion to adopt the ordinance was approved June 24,2008 Vote Councilmember Cross Councilman Greenfield Councilmember Lyon Councilman Rasmussen Councilman Silverthorne Councilmember Winter Aye Absent Aye Nay Aye Aye 08/07/2008 09:49 7573554300 DAVE STAFFORD PAGE 02/134 Proposed Proffers 10120 Fairfax BoulevardIBoulevard Marketplace Z-08050003 June 2, 2008 Revised June 17, 2008 Revised June 20, 2008 Revised June 24, 2008 Revised July 24, 2008 Pursuant to Section 15.2-2303 (A). Code of Virginia. 1950, as amended, JOe Fairfax. LLC (the "Applicant'') for themselves. their successors and assigns in Z-OB050003, (the "Application"), filed for property identified as Tax Maps 47-4- 2-281 and 47-4-02-04 (the "Application' Property") hereby agrees to the following proffers, provided that the City Council approves the Application rezoning a . portion of the Application Property currently zoned C-2WP District to the C-2WP I)istrlct as requested in the Application. In the event the Application is approved by the City Council, any previous proffers applicable to the Application Property or portions. thereof, shall be deemed null and void and shall have no further force or effect. . 1. The proposed development shall be constructed in substantial conformance with the Conceptual Developmep.t PlanlSUP Plan (the "CDP/SUP'') prepared by Walter L. Phillips, Inc. dated April 24, 2008 as revised through June 20, 2008. 2. The applicant shall remove invasive plant material and crash debris located along the Central Fork Accotink Creek stream bank and shall as part of the first site plan submiJii~ion for the application property include a landscape plan for additional plantings along the stream bank: and floodplain area of the subject property subject to review and approval by City Staff. 3. As ~hown on Sheet 8 of the Conceptual Development Plan/SUP, prior to approval of.the first site plan for the application property, the applicant shall dedicate and convey to the City that portion of the Central Fork Acc.otink. Creek stream valley located within the application area. and the adjacent land. from the southern boundary of the Resource Protection Area, except as where it may vary to ensure that the remaining parcel still conforms to applicable zoning requirements such as rear yard setbacks, open space and tree cover, to northern property line. of the application propelty such an area that is a minimum of 8.0 acres. . 4. The applicant shall. prior to issuance of the first oc~upancy pennit for the application property, contribute the sum of $50,000 to the City for recreational purposes within the City; and, the applicant shall contribute an additional total t;Jf $l5,(.)OO' to cover the initial park costs tor three (3) years ($5,000 per year for the tirst "three (3) years). . 08/07/2008 09:49 7573654300 DAVE STAFFORD PAGE 03/04 5. The applicant shall submit a Phase I Archaeology Study prior to approval of the first site plan for the application property and if recommended, condu(ft a Phase 2 study on the area proposed to be disturbed. If the Pha.c;e 2 study recommends any recovery of artifacts, the applicant shall recover such artifacts and donate such artifacts to the City, if requ~sted by the City. 6. Access to the site shall be provided via a full movement, signalized entrance located opposite an existing .~edian break on Fairfax Boulevard approximately 1,075 feet west ofPl~tation Parkway and a right-in/right-out entrance located approximately 480 feet west of Plantation Parkway. In the event a signal is not approved by the Director ofPubIic Works at the westernmost full movement' entrance in accordance with Proffer 9, the westernmost entrance shall be configured to provide for left-turn inbound and right-Wright-put mo:vements only. 7. At the time of submission, of the first site plan for the application property, the applicant shall complete a traffic signal warrant study for the weste:nunost entrance of the application property on Fairfax Boulevard based on full ~ttild out of the application property. If deemed warranted by the City, the applicant shall design, equip and install said traffic signal within existing rights-of-way, including modifications to signal timings at the nearest up and downstream signms (plantation Parkway and Eaton Place) exclusive of modifications too existing hardWBre at those locations such as replacement of mast arms, signal heads etc. In the event any off-site rights-of-way and/or easements necessary to complete the installation of the signal at the westernmost enqance are not ~ade available to the applicant at no cost, then the applicant shall escrow $250,000 towards the future installation of a signal at this location. If a signal is not approved by the Director of Public Works for any reason at the westernmost entrance on FaiIfax Boulevard then the applicant's obligation towards signalization of the westernmost entrance,is null and void. 8. The applicant shall construct an eastbound left-turn lane on Fairfax Boulevard at the westernmost site entrance within 'Jhe existing median area of-Fairfax Boulevard 10 provide 250 feet of storage with a. 1 DO-foot taper prior 10 i~su.ance of the first occupancy permit for the application property. For purposes of Proffer lO~the term "C01'\$tnJ.ct" shall mean substantially completed and avallable for use by the public as determined by the Director of Public Works but not necessarily accepted for maintenance by the City and/or others. 9. The applicant shall extend the eastbound left-turn lane on Fairfax Boulevard at Plantation Parkway in 9rdcr to provide for a total of 400 feet ofleft-turn storage and a 50 to IOO-foot taper as may be approved by City staff within the existing median area of Fairfax Boul~vard and provided any off~site rig~ts-of-way andlor easements are provided at no-cost to the applicant. Such improvement shall be completed prior to Surety bonq. release for the application property. In the event, such off-site rights-of-way andlor easements are not available then the applicant 08/07/2008 B9:49 75736543130 DAVE STAFFORD PAGE 04/04 shall escrow the cost to complete said extension in the future by others as determined by the Director of Public Works 10. The applicant shall provide for,intexparcel acce~s with the adjacent properties to the east in a location to be detennined in consultation with the adjacent property owners/assigns and City staff at such time as either the adjacent properties redevelop and/or the City Council detennines stich access is necessary. 11. Upon- demonstration by the applicant that, despite diligent efforts by the applicant, provision of an improvement has been unreasonably delayed by others or by circumstances beyond the conttol of the Applic;an.t, the Director of Public Works may agree to a later da~e for the completion of each improvement. 12. The applicant shall gran.t any necessary easements to the City for future constructiop., use, ac,cess and maintenance for a future trail along the stream from Plantation Parkway 10 the liu~ject property. By: Name: . Title: