R-09-41RESOLUTION NO. R-09-41
RESOLUTION TO APPROVE THE REQUEST OF MARTIN D. WALSH,
ATTORNEY-IN-FACT ON BEHALF OF MHI-OLD TOWN FAIRFAX L.L.C.,
CONTRACT PURCHASER, UNDER APPLICATION RD-09100001 FOR
ESTABLISHMENT OF THE OLD TOWN FAIRFAX REDEVELOPMENT OPTION
AND THE ACCOMPANYING CONCEPTUAL DEVELOPMENT PLAN FOR
RESIDENTIAL USES ON THE PREMISES KNOWN AS 3915 CHAIN BRIDGE
ROAD AND MORE PARTICULARLY DESCRIBED AS TAX MAP 57-2-((02))-166,
CURRENTLY CLASSIFIED AS MIXED USE ON THE COMPREHENSIVE PLAN
FUTURE LAND USE MAP.
WHEREAS, MHI-Old Town Fairfax, L.L.C., has submitted Application No. RD-
09100001 requesting the establishment of the Old Town Fairfax Redevelopment Option
pursuant to ARTICLE XXV of the City Code; and
WHEREAS, City Council has carefi.llly considered the application, the
recommendation of the staff and testimony received at the public hearing; and
WHEREAS, City Council has determined that the proposed establishment of the Old
Town Fairfax Redevelopment Option is appropriate because the proposal meets the requisites
established by City of Fairfax Code Section 110-366(3) for the following reasons:
1) The request is consistent with the Comprehensive Plan and other adopted City goals
and policies;
2) The size, shape and location of the lot and the lot's site design are appropriate for the
proposed use;
3) The request will not negatively impact vehicular access, traffic flow or pedestrian
and vehicular safety;
4) The request will not adversely impact adjacent property;
5) The request will not adversely impact the safety and welfare of residents living in the
area;
6) The request will not adversely impact the safety and welfare of persons working in
the area;
7) The request is in harmony with the general purpose and intent of the applicable
article of Chapter 110 of the City Code; and
8) The request is consistent with the purposes of zoning ordinances set forth in the
Code of Virginia, § 15.2-2283; and
WHEREAS, City Council considers the proposed establishment of the Old Town
Fairfax Redevelopment Option appropriate because the proposal meets the requisites
established by City of Fairfax Code Section 110-1165 based on the following findings:
1) The request does not conflict with the provisions in section 110-366 of the City Code;
2) The request 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 Historic Overlay District;
3) The request will reflect City policy encouraging shared parking, pedestrian
accommodation and promoting a mix of land uses; and
4) The request will reinforce Old Town Fairfax as an exceptional and distinctive place to
diva cunr~r anr~ rarraata
2) The applicant shall employ covenants to limit occupancy of each home to no more
than three unrelated persons and to preclude conversion of garages to additional living
space;
3) The applicant shall dedicate or place in easement land along the Chain Bridge Road
frontage to a point 0.5 feet behind the sidewalk;
4) In approving final design details for architecture and landscaping, the Board of
Architectural Review shall assure that:
a. The proposed screening fence and retaining wall shall be of high quality materials
with specialized details equal or better in quality to that shown in Figure A;
b. Planting, paving and pedestrian amenities shall be employed to create a high quality
"residential friendly" atmosphere in the motor court area;
c. All reasonable locations for tree plantings shall be utilized to maximize tree canopy
coverage; and
5) Upper floor decks shall be limited to rear elevations of each home and shall extend no
more than ten feet from the building for lots 18 through 23 and no more than four feet
for all other lots.
Adopted this 8t" day of December, 2009.
Mayor
ATTEST:
City 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