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2008-17.1 ORDINANCE NO. 200S - 17.1 AN ORDINANCE AlVIENDING C:H:APTER 110. ZONING. OF T:H:E CODE OF T:H:E CITY OF FAIRFAX:. VIRGINIA. SPECIFICALLY ARTICLE I. SECTIO:r-:r 110-4; ARTICLE II. SECTIO:r-:rS 110-155 ~I> 110-156; ARTICLE rx. SECTIO:r-:r 110-631. 110- 632 A:r-:rI> 110-635; ARTICLE XI. SECTIO:r-:r 110-701. 110-702 ~I> 110-705; A:r-:rI> ARTICLE XIV. SECTIO:r-:rS 110-781 ~I> 110-782; ~I> CREATI:r-:rG A :r-:rEW' SEC. 110- 373 TO REVISE T:E-IE REGLTLATIO:r-:rS W'IT:E-I RESPECT TO :E-IOTELS ~I> lVlOTELS ~I> TO PROVII>E FOR EXTE:r-:rI>EI> STAY :E-IOTELS. NOVV. BE IT ORDAINED by t:he Cit:y Council oC t:he Cit:y oC FairCax. Virginia. t:hat: -the defi:n.i.-ioD of ....hot::el" -vvit:hin Sect:ion 110-4 of t:he Code of 'the Ci1:y oC Fairfax, is hereby amended as Col10",,"5 and 'the definit:ions of ....mo'te}'., and ....hot:el, ext:ended-st:ay'''' are hereby added as Collo"VVs: .E-Iocel mea.:ns a building containing sleeping rooms for rental or hire to transients an..d travelers and designed to give access to all rooms from the interior of the building. The term shall not include extended-stay hotels, motels, motor lodges, tourist cabins and rooming houses. Accommodations may be offered for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as f-ull days. Hotels may not provide kitchens in their guest rmits and shall not include d"'\.Velling units" as defined in this section" for permanent occupancy. This classification may include public meeting rooms" recreational facilities" and eating" dri::n.king" and banquet services ancillary to the facility. 1\.1:otel means an establishment similar in all other "'\.Vays to a hotel as defined in this section" and s-ubject to the same limitations" but in v..rhich individual rooms are accessible from exterior corridors or directly from an outdoor parking area. Hotel" extended-stay means a b-uilding or group or buildings providing lodging ror persons and that is intended" designed and used ror the accommodation or transient lodgers in suites having one or more rooms including separate bath.room" kitchen and sleeping areas in each rental unit. The definition or exteI1ded-stay hotel shall not include d"'\.Velling un..its" as defined in this section" for permanent occupancy. All extended-stay hotels shall meet the operational standards established in Section 110-373 BE IT FURT:H:ER ORDAINED by t:he Cit:y Council DC t:he Cit:y oC FairCax. Virginia, t:hat: Art:icle II, Division 6.. OCC-St:reet: Parking and Loading., Sect:ion 110- 155(b)(3) oC t:he Code oC t:he Cit:y oC FairCax. is hereby amended too add a neV\' sect:ion (p) as "'ollo'VVs: Sec.. 110-155_ "Required ofC-st:reet: parking area.. (b) Required parking spaces_ Ofr-street spaces shall be provided in accordance V'Vith the rollovving minimum standards: (3) Commercial and related uses: p. Hotel" extended-stay: one space per guest room. Restaurants and similar ancillary uses vvithin such facilities that are open to the general public shall provide additional parking appurtenant to such uses at one parking space for every 200 square feet of gross floor area. BE IT FURT:H:ER. ORDAINED by t:he Cit:y Council DC t:he Cit:y oC FairCax. Virginia., t:hat: Art:icle II., Division 6.. OCC-St:reet: Parking and Loading., Sect:ion 110- 156(b)(3) oC .he Code oC t:he Cit:y oC FairCax. is hereby amended as Collo"VVs: Sec. 110-156. OCC-st:reet: loading. (b) Required loading spaces. Off-street loading spaces shall be provided for each use in not less than the amounts set forth below for every building, or building group where more than one building is developed as part of a unified project, or addition thereto, and for each use of land hereafter established: (3) Hotel, motel, extended-stay hotel, commercial recreation facility: One space for the first 10,000 square feet of floor area plus one space for each additional 100,000 square feet or major fraction thereof. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that a new Sec. 110-373 is hereby added to Article II, Division 13. Special Provisions, of the Code of the City of Fairfax, as follows: Sec. 110-373. Operational Standards for Extended-Stay Hotels. Unless waived by the City Council during Special Use Permit hearing proceedings pursuant to Sec. 110-366, extended-stay hotels shall have the following features: 1. Each guest room shall be accessed through an interior hallway and shall not provide direct egress to the exterior of the building. 2. Staff or management shall be on duty twenty-four (24) hours a day in a lobby or public gathering area containing a minimum of one thousand (1000) square feet. 3. Each guest room shall have a minimum of four hundred (400) square feet. 4. Each guest room that contains a kitchen or kitchenette shall have a separate, self- contained kitchen area with all of the following: a sink, built-in counter-top range with at least two burners, minimum 14 cubic-foot refrigerator/freezer combination, microwave, dishes, and flatware. At least fifty percent of the rooms in an extended-stay hotel shall have kitchens or kitchenettes. 5. A fitness or recreational center which is available to guests, with a minimum of four hundred (400) square feet, shall be provided. 6. At a minimum, a single, enclosed meeting or conference space of five hundred (500) square feet or greater or a business center shall be provided. 7. An enclosed heated and air conditioned laundry space with a minimum of three washers and three dryers shall be available exclusively for guest use. 8. Either an indoor or outdoor swimming pool shall be available on site exclusively for guest use. 9. Wireless internet access shall be provided in each guest room. 10. No more than fifty percent (50%) of the guest rooms shall be continuously occupied by the same tenant or tenants for thirty (30) days or more. The owner of any extended stay hotel shall ensure that in each room a printed sign is posted by the owner or management that sets forth these occupancy rules. 11. Ancillary uses including additional recreational facilities and eating and drinking establishments may be associated with the facility. 12. No services commonly associated with transitional housing or short term residential studio units, including but not limited to provision of free meals, case management, or counseling, may be provided to hotel clients on-site. 13. An extended stay hotel shall only be used for occupancy by transients and shall not be used as a residence. An occupant of a room who does not have a place of permanent residence other than the hotel, shall be deemed to be using the hotel as a place of residence. a. Occupants using a room because of the loss or damage to their residence by fire or other casualty or because of the remodeling of their residence, shall not be deemed to be using the hotel as a residence. b. Occupants using a room because they are relocating to the area due to employment transfers or new employment, shall not be deemed to be using the hotel as a residence for the period of time necessary to locate and move into a residence in the area of the hotel. c. Except as provided above, occupants using a room who report the hotel as a residential address for any purposes including, by way of examples, K-12 Fairfax City public school attendance, obtaining a motor vehicle operator's license, the payment of income taxes, or voting purposes, shall be deemed residents of the hotel. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Article IX P-D Planned Development District, Sections 110-631, 110-632 and 11 0-635 of the Code ofthe City of Fairfax, are hereby amended as follows: ARTICLE IX. P-D PLANNED DEVELOPMENT DISTRICT Sec. 110-631. Permitted uses--By right. The following uses are permitted by right in the P-D planned development district: (2) Commercial. L Hotels 110-632. Same-- With special use permit. The following uses may be permitted in the P-D planned development district with a special use permit as provided in article II, division 13 of this chapter: (2) Commercial. d. Extended-stay hotels Sec. 110-635. Parking requirements. (a) follows: (1) (2) (3) (4) (5) Parking requirements in the P-D planned development district shall be as Residential. Two parking spaces per dwelling unit. Office facilities. One parking space for every 300 square feet of gross floor area of office facilities. Places of public assembly. One parking space for every four seats based on maximum seating capacity. Other. One parking space for every 200 square feet of gross floor area. Hotels and extended-stay hotels: One (1) space per guest room. Restaurants and similar ancillary uses within such facilities that are open to the general public shall provide additional parking appurtenant to such uses at one parking space for every 200 square feet of gross floor area. (b) Compliance with parking requirements shall be shown by computation on the preliminary site plan. In approving such plan the city council may permit a reduction in parking requirements not exceeding 25 percent of the total parking required in accordance with standards contained in article II of this chapter. (Code 1978, ~ 26-142) BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Article XI CPD Commercial Planned Development District, Sections 110- 701 and 110-702 ofthe Code ofthe City of Fairfax, are hereby amended as follows: ARTICLE XI. CPD COMMERCIAL PLANNED DEVELOPMENT DISTRlCT* Sec. 110-701. Permitted uses--By right. The following uses are permitted by right in the CPD commercial planned development district: (2) Commercial. 1. Hotels; Sec. 110-702. Same-- With special use permit. The following uses may be permitted in the CPD commercial planned development district subject to securing a special use permit in accordance with article II, division 13 of this chapter: (2) Commercial. e. Extended-stay hotels Sec. 110-705. Parking requirements. (a) Parking requirements in the CPD commercial planned development district shall be as follows: (1) Residential. Two parking spaces per dwelling unit; (2) Office facilities. One parking space for every 300 square feet of gross floor area of office facilities; (3) Places of public assembly. One parking space for every four seats based on maximum seating capacity; (4) Other. One parking space for every 150 square feet of gross floor area; (5) Hotels and extended-stay hotels. One (1) space per guest room. Restaurants and similar ancillary uses within such facilities that are open to the general public shall provide additional parking appurtenant to such uses at one parking space for every 200 square feet of gross floor area. (b) Compliance with parking requirements shall be shown by computations on the preliminary site plan. In approving such plan the city council may permit a reduction in parking requirements not exceeding ten percent of the total parking. (Code 1978, ~ 26-153) BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that Article XIV C-2 Retail Commercial District, Sections 110-781 and 110- 782 of the Code of the City of Fairfax, are hereby amended as follows: ARTICLE XIV C-2 RETAIL COMMERCIAL DISTRICT* Sec. 110-781. Permitted uses--By right. The following uses are permitted by right in the C-2 retail commercial district: (5) Hotels. Sec. 110-782. Same-- With special use permit. (a) The following uses are permitted in the C-2 retail commercial district with a special use permit issued by the city council in accordance with the provisions of section 110- 366: (10) Motels (11) Extended-stay hotels This ordinance shall become effective as provided by law. Planning Commission Public Hearings: May 12 & June 9, 2008 City Council Public Hearing: July 22, 2008 ADOPTED: September 9,2008 ~ ayor /0 i;~/o? ate Attest: ~~ Cit Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye