Loading...
2011-14 ORDINANCE NO. 2011-14 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS ASSOCIATED WITH THE PD(p) PLANNED DEVELOPMENT DISTRICT AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT FOR A PORTION OF "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57- 3-20: 1-12, 13A-19A, 20 -23, 24A -27A, 28 -36 AND A7. WHEREAS, C/H at Main Street, LC et al by Lynne J. Strobel, Attorney -in- Fact /Agent, submitted applications No. Z(PA)- 11040064 and V- 11050118 requesting to add four dwelling units to Phase I of a development proposal previously approved in a PD(p) Planned Development District (with proffers) and in the Old Town Fairfax Transition Overlay District, with a variance, and with continued authorization of previously approved special exceptions and variances, for the parcels identified above, and more specifically described as follows: Beginning at a point on the southerly line of Main Street (Route 236), said point being S24 ° 28'45 "W, 4.38 feet from a point marking the northeasterly corner of Fairfax Nursing Home, Inc.; thence with the southerly line of Main Street with a curve to the left whose radius is 4615.34 feet and whose chord bearing and distance is S65 °47'07 "E, 180.31 feet with an arc distance of 180.33, feet; thence continuing with the southerly line of Main Street the following courses and distances: S66°54'17"E, 115.45 feet, S59 °57'44 "E, 74.46 feet, S66°54'17"E, 79.16 feet to a point of a curve to the right whose radius is 20.00 feet and whose chord bearing and distance is S21°55 ' 13 "E, 28.28 feet with an arc distance of 31.41 feet to a point of tangent on the westerly line of Judicial Drive; thence with the line of Judicial Drive S23 °03'51 "W, 8.47 feet to a point of curve to the left whose radius is 442.50 feet and whose chord bearing and distance is S 12° 16' 14 "W, 165.74 feet with an arc distance of 166.72 feet to a point of tangent; thence S01 °28'37 "W, 101.02 feet to a point, said point being the southeasterly corner of PARCEL "A -7" and the northeasterly corner of PARCEL "A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence departing the westerly line of Judicial Drive and through PHASE ONE and with the southerly line of PARCEL "A -7" and the northerly line of PARCEL "A -5" JAGUAR/ YORKTOWN the following course and distances: N73 °27' 18 "W, 22.68 feet; S59 °37'56 "W, 15.43 feet; S18 °45'30 "W, 8.20 feet; N58 °20'43 "W, 16.84 feet; S84 °14'25 "W, 19.63 feet; S81 °35'54 "W, 24.26 feet; S65 °50'25 "W, 36.63 feet; S76 °14'57 "W, 58.60 feet; N81 °49'11 "W, 14.70 feet; S72 °47'53 "W, 16.82 feet; S63 °16'37 "W, 18.82 feet; S79 °25'33 "W, 38.52 feet; N85 °41'26 "W, 36.91 feet; N65 °35'29 "W, 29.96 feet; N54 °31'07 "W, 43.30 feet; N75 °04' 12 "W, 66.70 feet; N62° 18' 13 "W, 23.64 feet and N74 °38' 13 "W, 17.98 feet to a point in the line of Fairfax Nursing Home, Inc., said point being the southwesterly corner of PARCEL "A -7" and the northwesterly corner of PARCEL "A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence leaving the northerly line of PARCEL "A -7" and with the Fairfax Nursing Home, Inc. N24 °26'27 "E, 233.03 feet to a point; thence N65 °30'41 "W, 104.98 feet to a point; thence continuing with Fairfax Nursing Home, Inc. N24 °28'45 "E, 229.39 feet to the point of beginning, containing 4.32 acres of land; and WHEREAS, the City Council has carefully considered the application, the recommendation of the Planning Commission and staff, and the testimony received at public hearing; and WHEREAS, the City Council has determined that the proposed proffer amendment and variance request 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 proffered conditions associated with the zoning of the above described property be amended as requested by the property owners in accordance with City Code Section 110 -7 as follows: [SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH June 10, 2011 .. AND APPROVED BY CITY COUNCIL ON July 12, 2011.] BE IT FURTHER ORDAINED, that the above conditions, application package and general development /preliminary site plan revised through June 10, 2011 be approved and that the previously approved special exceptions and variances be continued, and that a variance be granted from City Code § 110 -634 (2) to permit less than 20 feet around the external walls of all structures. 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. City Council hearing: July 12, 2011 Adopted: July 12, 2011 8 \ 1 .02itarit ..� ayor //ate ATTEST: ' �_ �_ jfd✓ " ice City Clerk Votes Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Absent Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Aye RECEIVED JUL Dave loom 08M12'n.mulnity ent & CH AT MAIN STREET, L.C. PROFFERED CONDITIONS PCA 789-01-2 Planning June 10, 2011 Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and Section 26- 6(b) of the Zoning Ordinance of the City of Fairfax, Virginia, C/H at Main Street, L.C. ( Applicant"), its successors and assigns, agrees that the development of the property that is the subject of an application for Proffered Condition Amendment Z-789-01-2 filed by C/H at Main Street, L.C. and shown on City of Fairfax Tax Map 57-1 ((20)) 1-12, 13A, 14A, 15A, 16A, 17A, 18A, 19A, 20-23, 24A, 25A, 26A, 27A, 28-36, A7 (the "North Property"), will be in accordance with the existing Proffered Conditions accepted pursuant to Zoning Map Amendment Z-789-01-I dated February 22, 2005 except as amended below. [MODIFIED AS FOLLOWS] 1. GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN. The general character of the development of the Property shall be in substantial conformance with the General Development Plan/Preliminary Site Plan (GDPIPSP) dated December 12, 2001, as amended through February 15, 2005, prepared by Dewberry & Davis LLC. The general character of the development of the North Property shall be in substantial conformance with the GDP/PSP dated April 13, 2011 as amended through June 10, 2011, prepared by Dewberry & Davis LLC (the "North Property GDPIPSP"). 2. No changes. 3. No changes. 4. No changes. 5. No changes. 6. No changes. 7. No changes. 8. ARCHITECTURAL DESIGN. a. The building elevations for the area north of the stream valley, prepared by Devereaux and Associates and shown on Sheet 5 in the North Property GDPIPSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings shall generally conform with the character and quality of these illustrative elevations, but the Applicant reserves the right to modify these PCA 789 -01 -2 Page 2 elevations and add architectural ornamentation based on final architectural design. The building materials of all facades shall be predominately brick or stone. All chimneys shall be constructed of brick or stone, The design of the building and site shall be executed in a manner that will result in development of high quality. 9. No changes. 10. No changes. 11. No changes. 12. No changes. 13, No changes. 14. No changes. 15. No changes. 16. No changes. 17. No changes. 18. No changes. 19. No changes. 20. No changes. 21. No changes. 22. No changes. Proffers 6-10-11 (A0224036) [SIGNATURES ON NEXT PAGE] PCA 789 -01 -2 APPLICANT TITLE OWNER OF TAX MAP 57-1 ((20)) -12, 13A, 14A, 15A, 16A, 17A, 18A, 19A, 20 -21 24A, 25A, 26A, 27A, 28, 31, 34 -36 C/H AT MAIN STREET, L.C. Jo Sri .. Cowles Pri• - nt SIGNATURES CONTINUE ON NEXT PAGE PCA 789.01 -2 TITLE OWNER OF TAX MAP 57 -1 ((20)) 29 ELMER K. CHOI AND JULIE J. CHOI John owles, Manager of Courtland at Main Stree. L. ., agent and attorney -in -fact for Elmer K. Choi John f a les, Manager of Courtland at Main Street L.0 , agent and attorney -in -fact for Julie J. Choi SIGNATURES CONTINUE ON NEXT PAGE PCA 789 -01 -2 TITLE OWNER OF TAX MAP 57 -1 ((20)) 30 JOHNIE'GOMBO AND JANTCE R. GOMBO \, L --'' John /it'. o , les, Manager of Courtland at Main Stre. , L. , agent and attorney -in -fact for Johnie Gomb. i ' t 4 01i John la. *wits, Manager of Courtland at Main Street, ., agent and attorney -in -fact for Janice R. Gombo SIGNATURES CONTINUE ON NEXT PAGE PCA 789 -01 -2 TITLE OWNER OF TAX MAP 57 -1 ((20)) 32 SHIRINE HEGAZI AND AMIRA HEGAZI John wits, Manager of Courtland at Main Stree agent and attorney -in -fact for Sirine Hegazi John . wles,'Manager of Courtland at Main. Street, , agent and attorney -in -fact for Ainira Hegazi SIGNATURES CONTINUE ON NEXT PAGE PCA 789 -01 -2 TITLE OWNER OF TAX MAP 57 -1 ((20)) 33 RALPH G. DRAETTA AND JUANITA E. DRAETTA John. owles, Manager of Courtland at Main Stree , .C., agent and attorney -in -fact for Ralph G. Draetta ,„ John - i wles, Manager of Courtland at Main Street 1,, agent and attorney -in -fact for Juanita E. Draetta i SIGNATURES CONTINUE ON NEXT PAGE PCA 789 -01 -2 TITLE OWNER OF TAX MAP 57 -1 ((20)) A7 MAIN STREET HOMEOWNERS ASSOCIATION, INC. J / Cowles P esi. ' TIC SIGNATURES END Amon. ORDINANCE NO. 2011-14 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS ASSOCIATED WITH THE PD(p) PLANNED DEVELOPMENT DISTRICT AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT FOR A PORTION OF "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57- 1-20: 1 -12, 13A -19A, 20 -23, 24A -27A, 28 -36 AND A7. WHEREAS, C/H at Main Street, LC et al by Lynne J. Strobel, Attorney -in- Fact /Agent, submitted applications No. Z(PA)- 11040064 and V- 11050118 requesting to add four dwelling units to Phase I of a development proposal previously approved in a PD(p) Planned Development District (with proffers) and in the Old Town Fairfax Transition Overlay District, with a variance, and with continued authorization of previously approved special exceptions and variances, for the parcels identified above, and more specifically described as follows: Beginning at a point on the southerly line of Main Street (Route 236), said point being S24 °28'45 "W, 4.38 feet from a point marking the northeasterly corner of Fairfax Nursing Home, Inc.; thence with the southerly line of Main Street with a curve to the left whose radius is 4615.34 feet and whose chord bearing and distance is S65 °47'07 "E, 180.31 feet with an arc distance of 180.33, feet; thence continuing with the southerly line of Main Street the following courses and distances: S66°54'17"E, 115.45 feet, S59 °57'44 "E, 74.46 feet, S66°54'17"E, 79.16 feet to a point of a curve to the right whose radius is 20.00 feet and whose chord bearing and distance is S21 °55' 13 "E, 28.28 feet with an arc distance of 31.41 feet to a point of tangent on the westerly line of Judicial Drive; thence with the line of Judicial Drive S23 °03'51 "W, 8.47 feet to a point of curve to the left whose radius is 442.50 feet and whose chord bearing and distance is S 12° 16' 14 "W, 165.74 feet with an arc distance of 166.72 feet to a point of tangent; thence S01 °28'37 "W, 101.02 feet to a point, said point being the southeasterly corner of PARCEL "A -7" and the northeasterly corner of PARCEL "A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence departing the westerly line of Judicial Drive and through PHASE ONE and with the southerly line of PARCEL "A -7" and the northerly line of PARCEL "A -5" JAGUAR/ YORKTOWN the following course and distances: N73 °27'18 "W, 22.68 feet; S59 °37'56 "W, 15.43 feet; S18 °45'30 "W, 8.20 feet; N58 °20'43 "W, 16.84 feet; S84 °14'25 "W, 19.63 feet; S81 °35'54 "W, 24.26 feet; S65 °50'25 "W, 36.63 feet; S76 °14'57 "W, 58.60 feet; N81 °49'11 "W, 14.70 feet; S72 °47'53 "W, 16.82 feet; S63 °16'37 "W, 18.82 feet; S79 °25'33 "W, 38.52 feet; N85 °41'26 "W, 36.91 feet; N65 °35'29 "W, 29.96 feet; N54 °31'07 "W, 43.30 feet; N75 °04' 12 "W, 66.70 feet; N62 °18' 13 "W, 23.64 feet and N74 °38' 13 "W, 17.98 feet to a point in the line of Fairfax Nursing Home, Inc., said point being the southwesterly corner of PARCEL "A -7" and the northwesterly corner of PARCEL "A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence leaving the northerly line of PARCEL "A -7" and with the Fairfax Nursing Home, Inc. N24 °26'27 "E, 233.03 feet to a point; thence N65 °30'41 "W, 104.98 feet to a point; thence continuing with Fairfax Nursing Home, Inc. N24 °28'45 "E, 229.39 feet to the point of beginning, containing 4.32 acres of land; and WHEREAS, the City Council has carefully considered the application, the recommendation of the Planning Commission and staff, and the testimony received at public hearing; and WHEREAS, the City Council has determined that the proposed proffer amendment and variance request 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 proffered conditions associated with the zoning of the above described property be amended as requested by the property owners in accordance with City Code Section 110 -7 as follows: [SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH June 10, 2011 AND APPROVED BY CITY COUNCIL ON July 12, 2011.] r imi" BE IT FURTHER ORDAINED, that the above conditions, application package and general development /preliminary site plan revised through June 10, 2011 be approved and that the previously approved special exceptions and variances be continued, and that a variance be granted from City Code § 110 -634 (2) to permit less than 20 feet around the external walls of all structures. 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. City Council hearing: July 12, 2011 Adopted: July 12, 2011 Mayor VZV Date ATTEST: i L JI City Clerk Votes Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Absent Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Aye