Loading...
2011-10 ORDINANCE NO. 2011-10 AN ORDINANCE TO AMEND THE GENERALIZED DEVELOPMENT PLAN AND PROFFERED CONDITIONS ASSOCIATED WITH THE C -3 GENERAL COMMERCIAL DISTRICT AND THE HIGHWAY CORRIDOR OVERLAY DISTRICT ON THE PREMISES KNOWN AS 9547 FAIRFAX BOULEVARD AND MORE PARTICULARLY DESCRIBED TAX MAP 48- 3- 06 -028A. WHEREAS, Chick -fil -A Inc. by M. Catharine Puskar, Attorney -in -fact, submitted applications No. PA- 10040021 requesting an amendment to the previously proffered Generalized Development Plan and amendment of the previously proffered conditions to accommodate the amended Generalized Development Plan in the C -3 General Commercial District and Highway Corridor Overlay District, with a special exception for the parcel identified above, and more specifically described as follows: [insert legal description here]; and WHEREAS, the City Council has carefully considered the application, the recommendation of the Planning Commission and staff, and the testimony received at a public hearing on April 12, 2011; and WHEREAS, the City Council has determined that the proposed Generalized Development Plan amendment and proffered condition amendment are proper and in accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in the Code of Virginia and the Code of the City of Fairfax, Virginia; NOW, THEREFORE BE IT ORDAINED that the amended Generalized Development Plan dated June 18, 2006 as revised through April 22, 2011 for the above described property be approved; and BE IT FURTHER ORDAINED, that the proffers for the above described property be amended as requested by the property owner in accordance with City Code Section 110 -7 as follows: [SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH APRIL 22, 2011 AND APPROVED BY CITY COUNCIL ON MAY 24, 2011] 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: March 14, 2011 City Council hearing: April 12, 2011 City Council action: May 24, 2011 Adopted: May 24, 2011 �,. ► ■ ayo ATTEST: �. / 111 City Clerk The vote on the motion to approve was recorded as follows: Votes Councilwoman Cross Absent Councilman Drummond Aye Councilman Greenfield Absent Councilman Meyer Aye Councilman Schmidt Aye Councilman Stombres Aye : i „1ti ,. t , : ,iS 0: '('' ' s s; "4., `A Ci ty of Fairfax CO City of Fairfax 1 973 10455 Armstrong Street Fairfax, Virginia 22030 -3630 August 2, 2011 M. Catharine Puskar, Attorney -in -Fact 2200 Clarendon Boulevard, 13` Floor Arlington, Virginia 22201 Re: Proffered Condition Amendment PA- 10040022 Revised Special Exception SE- 10060007 - Dear Ms. Puskar: The Fairfax City Council, at its regular meeting of May 24, 2011, approved the request of Chick- al-A, by M. Catharine Puskar, Attorney -in -Fact, pursuant to City Code Section 110 -5, for a Proffered Condition Amendment to modify one of the proffers associated with Rezoning Z806 -06 -01 by revising the Generalized Development Plan and pursuant to City Code Section 110- 105(k) for a Special Exception to provide relief from the requirement of undergrounding overhead utilities on the premises known as 9547 Fairfax Boulevard, and more particularly described as Tax Map Parcel 48- 3- 06 -028A subject to the following conditions: 1. The Site Plan Amendment shall be in substantial conformance with the approved GDP dated June 18, 2006, as revised through April 22, 2011. 2. The proposed ground- mounted transformer shall be screened with shrubs and subject to approval by the Board of Architectural Review. Sincerely, /fi 12, , GG Melanie R. Burrell City Clerk cc: David Hudson, Director, Community Development & Planning Jack Blevins, Community Development Division Chief MRB /dms 44 o F44 Printed on recycled paper Q' aYGO- ANL Steele, Dorothy From: Gillian, Tina Sent: Tuesday, August 02, 2011 12:08 PM To: #_City Clerk Cc: Peters -Alao, Grace Subject: Chick fil A approval letter Attachments: CA_Chick- fil- A_9547FFXBLVD.pdf Hello, I was closing out the Chick -fil -A cases in pentamation and it looks like the approval letter refers to SE- 11020015 - but that is a Special Exception for Sundog Productions. The SE for Chick -fil -A is 10060007. You may want to send out a corrected one? 4 .. Thank you, Tina Gillian Administrative Assistant IV /Development Bond Administrator Director - Fairfax Renaissance Housing Corporation City of Fairfax /10455 Armstrong Street /Fairfax, VA 22030 email: tina.gillian@fairfaxva.gov /703- 385- 2494/fax: 703 -385 -7824 FOIA Disclaimer You are hereby advised that, pursuant to the Virginia Freedom of Information Act, written correspondence (including, but not limited to, letters, e-mails and faxes) from and to the City of Fairfax and its officials and employees, and others acting on its behalf, may be subject to disclosure as being a public record. This includes the e-mail address(es) and other contact and identifying information for parties involved in the correspondence. 1 hr)} ': r' 74i ' 1 i -''a l - . .rte. r . � �� City of Fairfax 1973 City (f Fairfax 10455 Armstrong Street Fairfax, Virginia 22030 -3630 July 15, 2011 M. Catharine Puskar, Attorney -in -Fact 2200 Clarendon Boulevard Arlington, Virginia 22201 Re: Proffered Condition Amendment PA- 10040022 Special Exception SE- 11020015 Dear Ms. Puskar: The Fairfax City Council, at its regular meeting of May 24, 2011, approved the request of Chick- fil -A, by M. Catharine Puskar, Attorney -in -Fact, pursuant to City Code Section 110 -5, for a Proffered Condition Amendment to modify one of the proffers associated with Rezoning Z806-06-01 by revising the Generalized Development Plan and pursuant to City Code Section 110- 105(k) for a Special Exception to provide relief from the requirement of undergrounding overhead utilities on the premises known as 9547 Fairfax Boulevard, and more particularly described as Tax Map Parcel 48- 3- 06 -028A subject to the following conditions: 1. The Site Plan Amendment shall be in substantial conformance with the approved GDP dated June 18, 2006, as revised through April 22, 2011. 2. The proposed ground- mounted transformer shall be screened with shrubs and subject to approval by the Board of Architectural Review. Sincerely, • M lanie R. Burrell City Clerk cc: David Hudson, Director, Community Development & Planning Jack Blevins, Community Development Division Chief MRB /dms 4A OF F4,.. o .'0" 7+ Printed on recycled paper t 1 Q ' crow - PROFFERS RECEFVED Chick-fil-A, Inc. JUL 1 5 2C11 Z 806 - 06 - 01 Dept. of Community April 22, 2011 Development & Panning Pursuant to Section 15.2- 2303(a), Code of Virginia 1950, as amended, the owners and Chick- fil -A, Inc. (hereinafter referred to as the "Applicant "), for themselves, their successors and assigns in Z- 806- 06 -01, filed on property identified as Fairfax City Tax Map Reference 48 -3 ((6)) 15, 16 and 28 (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 1.38 acres and located in the Highway Corridor Overlay District ( "HCOD "), from the C -2 District to the C -3 District, in conjunction with a Generalized Development Plan (hereinafter referred to as the "GDP ") for a fast food restaurant 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 seven (7) sheets prepared by Bolder Engineering, P.C., dated June 18, 2006 as revised through April 22, 2011. 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 existing retail building located on the Application Property (commonly known as the Sesco Building) to a different use that is permitted by right or with a special use permit under the C -2 District and HCOD 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. Parking All parking for the fast food restaurant and the existing retail building located on the Application Property shall be provided on site. All of the parking spaces may be utilized by either use under a shared parking agreement executed between the lessee of the fast food restaurant and the owner of the Application Property in a form acceptable to the City Attorney. Any change in use of the existing retail building shall be permitted in accordance with Proffer 2, provided that it does not result in an increased parking requirement pursuant to the City Code, or reduce the number of parking spaces available for users of the fast food restaurant. 4. Noise Attenuation a. The Applicant shall take appropriate measures to limit the noise level from the speaker serving the drive through window to a maximum of 60 dba measured at the boundary line with the adjacent residential property. Should the City receive and document noise complaints from residents of the adjacent residential property relative to the speaker volume subsequent to the fast food use commencing operations, the Applicant shall submit an acoustical analysis for review and approval by the Department of Community Development and Planning ( "CDP ") prior to bond release. The acoustical analysis shall demonstrate the Applicant's compliance with the maximum noise level prescribed herein and provide recommendations for any additional noise mitigation measures that may be necessary to alleviate noise complaints. The Applicant shall implement such additional noise mitigation measures, as may be required by CDP. b. Trash pickup or site sweeping operations on the Application Property shall be limited to between the hours of 7:00 a.m. and 9:00 p.m. Deliveries to the site shall be limited to between the hours of 6 :00 a.m. and 11:00 p.m. 5. Signs 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. 6. 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 beyond the building facade onto the neighboring residential property. 7. Odor Control The Applicant shall implement a filtering system and other appropriate measures, as may be necessary, in the design and construction of the building to mitigate food odors emanating from the fast food restaurant to the adjacent residential property. 8. Architecture a. The building elevations prepared by E and H Architects, dated January 18, 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 building materials of all facades shall be predominantly brick, precast, glass or other comparable materials. The design of the building and site shall be executed in a manner that will result in a high quality development. c. The Applicant shall overlay a new front facade on the existing retail building that is architecturally compatible with the design and building materials of the fast food restaurant as described in above Proffers 8.a. and 8.b. 9. Refuse Enclosure Prior to the issuance of the non - residential use permit, the Applicant shall screen the dumpster with an enclosure that satisfies City Code requirements and is architecturally compatible with the fast food restaurant. 10. 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. APPLICANT/LESSEE CHICK- FIL -A, INC. By S;. Its S A,;44 Dire M• 01041 4 [SIGNATURES CONTINUE ON NEXT PAGE] TITLE OWNERS OF TAX MAP 48 -3 ((6)) 15, 16 and 28 ir ichael E.: gen A4.41141 . 1 !'..�_i.J✓ Camille J. Degen 1 [SIGNATURES END]