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2014-01 tl ORDINANCE NO. 2014-01 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM C-2 RETAIL COMMERCIAL AND I-2 INDUSTRIAL, TO C-2(p), RETAIL COMMERCIAL (WITH PROFFERS) THE PROPERTY IDENTIFIED AS 9538 LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP 48-3-01-031A. WHEREAS, Fairfax Plaza, LLC, by Mehdi Sarbaz, Property Owner, submitted application No. Z-12030112 requesting a change in the zoning classification from C-2 Retail Commercial and I-2 Industrial, to C-2(p), Retail Commercial (with proffers), for the parcel identified above, and more specifically described as follows: Description of a portion of Parcel Number: 48-3-01-031A Existing zone C-2 portion of property Beginning at a point on the northerly right-of-way of Lee Highway, Route 29, width varies, thence running with said right-of-way along a curve to the left with a radius of 1004.93' for an arc distance of 53.22' said curve having a chord bearing of S 25° 16' 33" W a distance of 53.21' Thence along said right of way S 23° 42' 19" W, 56.71 feet; Thence departing from said right of way line following the northern boundary of Fairfax Villa N 86° 56' 38" W, 203.78 feet; Thence departing said Fairfax Villa line the following: N 32° 38' 22" E, 119.78 feet to a point on both the County and City line; Thence running with this line S 86° 25' 35" E 184.78 feet to the point of beginning containing 20,051 square feet or 0.46 acres, more or less, subject to all restrictions & easement of records. Description of a portion of Parcel Number: 48-3-01-031A Existing zone 1-2 portion of property Beginning at a point being the common corner between Fairfax Circle Villa L.P. properties and Lee Circle L.L.C. properties; thence running with the easterly line of said Fairfax Circle Villa L.P. S 31° 44' 22" W, 119.38 feet to a point on both the County and City line, thence departing from said Fairfax Circle Villa L.P. the following: Thence along the said County and City line S 86° 22' 35" E, 56.92 feet; Thence S 32° 38' 22" W, 119.78 feet to a point being the common corner between and Fairfax Complex, LLC and Lee Circle LLC properties; Thence running with the northerly line of said Lee Circle LLC N 86° 56' 38" W, 55.08 feet to the point of beginning containing 5,865 sq. ft. 0.13 acres, more or less, subject to all restrictions & easement of records; and WHEREAS, the City Council has carefully considered the application, the proposed proffers, the recommendation of the Planning Commission, the recommendation of staff, and the testimony received at public hearing; and WHEREAS, the City Council has determined that the proposed rezoning is 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 above described property be rezoned from C-2 Retail Commercial and 1-2 Industrial to C-2(p), Retail Commercial (with proffers); BE IT FURTHER ORDAINED, that the above described property be subject to the following reasonable conditions authorized by City Code Section 110-7, which are proffered by the property owners: 1. GENERAL DEVELOPMENT PLAN The general character of the development of the Property shall be in substantial conformance with the General Development Plan (GDP), entitled Fairfax City Plaza dated June 26, 2013 revised through October 9, 2013, prepared by Professional Design Group, Inc. and the architectural rendering prepared by ATALLI Architect, PLLC dated July 22, 2013. 2. LANDSCAPING • a. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with sheets 4 and 5 of 8 of the GDP. Large deciduous trees shall have a minimum caliper of 3 1/4 inches, medium deciduous trees shall have a minimum height of 8 to 10 feet and evergreen trees shall have a minimum height of 6 to 8 feet at time of planting. If plant material proposed on the landscape plan is not available at the time of installation, the applicant shall be allowed substitute similar plant species with the approval of the Director of Community Development and Planning. b. The Applicant reserves the right to install an entry feature monument sign on the Property as shown in the GDP. c. The final location of the screening fence located along the rear property line shall be subject to the approval of the Board of Architectural Review ("BAR") and the Zoning Administrator. 3. TREE PRESERVATION The Applicant shall preserve trees on the Property as shown on Sheet 8 of 8 of the GDP subject to minor adjustment during site plan review with approval of the Director of Community Development and Planning. Tree management plan requirements (to include a tree assessment prepared by a certified arborist retained by the Applicant) will be met in conjunction with site plan approval and during construction. Specifically: a. The Applicant shall take necessary steps and actions to ensure the long term survival, and continuing structural integrity and health of trees designated on sheet 8, tree preservation plan of the GDP to be preserved on site. The landscape plan submitted as part of the subdivision/site plan shall conform to the GDP. Minor modifications may be permitted to the extent that these do not change the designation of the individual trees to be preserved or result in significant physical impacts to the areas outside the limits of clearing and grading shown on the GDP. b. Prior to subdivision/site plan submission the Applicant shall retain the services of a certified arborist to review the impact of proposed site grading on the trees to be preserved and on nearby off-site trees that may be impacted by site development. The certified arborist shall prepare a Tree Management Plan specifying preservation practices to be used to maximize chances of tree survival, such as crown pruning, root pruning, mulching, fertilization and others as necessary and identifying any new trees that in the arborist's professional judgment would become hazardous in the new setting and should be removed. The Tree Management Plan shall be incorporated into the subdivision/site plan for review and approval. c. All trees designated to be preserved shall be protected by tree protection fencing. Tree protection fencing shall consist of 4-foot high, 14 gauge welded wire attached to six (6) foot posts driven eighteen (18) inches into the ground and shall be shown on the subdivision/site plan. All tree protection fencing shall be installed prior to any site clearing and grading activities. The installation of all tree protection fencing shall be performed under the supervision of a certified arborist or landscape architect and accomplished in a manner that does not harm existing vegetation. d. At the time of bond release, the trees will be inspected by the City and a certified arborist retained by the Applicant. Should any existing individual tree shown for preservation not survive due to the impact of construction, the Applicant shall replace such trees as follows: • For a tree up to five (5) inches in caliper failing to survive, one (1)tree with a caliper of not less than 3 '/2 inches shall be provided; • For a tree between five (5) and sixteen (16) inches in caliper failing to survive, two (2) trees with a caliper of not less than 3 V2 inches shall be provided; • For a tree with a caliper of sixteen (16) inches or greater failing to survive, three (3)trees with a caliper of not less than 3 %2 inches shall be provided; • In general, the replacement trees shall be the same species of the failing tree except that the Applicant may substitute trees of different species with the advice and consent of the Zoning Administrator. 4. ARCHITECTURAL EXTERIOR DESIGN The building to be constructed on the Property shall have facades of brick, stone, or a combination of these materials except for architectural appurtenances. The architectural design of the proposed building shall generally conform with the character and quality of the illustrative elevations depicted on sheets A02 and A03 of 8 of the GDP and the architectural rendering prepared by ATALLI Architect, PLLC. The Applicant reserves the right to modify these elevations and add additional elevations based on final architectural design subject to approval by the BAR. 5. PUBLIC IMPROVEMENTS a. The Applicant shall replace the existing asphalt path with an eight-foot concrete sidewalk along the Property's Lee Highway frontage as shown in the GDP. b. The Applicant shall provide street trees along the Lee Highway frontage. If there is insufficient space in the right-of-way to locate the street trees as determined by the Director of Public Works, the applicant may locate the street trees onsite per review and agreement by the Department of Community Development and Planning. Any such trees planted onsite shall be maintained by the Applicant. c. The Applicant shall install acorn style street lighting as shown in the GDP. 6. CONSTRUCTION MANAGEMENT PLAN Subsequent to rezoning approval but prior to site plan approval, the Applicant agrees to submit a management plan for approval by the City Manager or his designee for construction which will include the following information: a. Hours of operation; b. Truck routes to and from entrances; c. Location of parking areas for construction employees; d. Truck staging and cleaning areas; e. Storage areas; f. Fencing details; g. Trailer and sanitary facility locations; h. Traffic control measures; and i. Maintenance of entrances. The Applicant shall provide cash, bond or letter of credit in the amount of $20,000 to provide for any damage to the road system fronting the Property due to construction traffic. A joint inspection with the DPW of the condition of such roads shall be made prior to the start of construction. The Applicant shall provide a plan for phased construction of the development one month prior to beginning construction to include the timetable for public and site improvements and plans for any ancillary facilities such as sales or construction trailers. The Applicant shall identify a person who shall serve as a liaison to the community throughout the duration of construction. The name and telephone number of this individual shall be provided in writing to the residents and business owners abutting the site, and to the City of Fairfax's Department of Community Development and Planning. Construction activity shall be limited from 7:00 a.m. to 6:00 p.m. weekdays and 8:30 a.m. to 5:00 p.m. Saturdays. No construction activity shall take place on Sundays. 7. STORMWATER MANAGEMENT Stormwater management shall be designed in accordance with 4VAC50-60-62 through 4VAC50-60-92. 8. FUTURE INTERPARCEL CONNECTION The Applicant shall provide for interparcel access and easement with the adjacent properties to the south 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. 9. GREEN BUILDING PRACTICES A. Specific Credits. The Applicant will include, as part of the site plan submission and building plan submission, a list of specific credits within the most current version of the U. S. Green Building Council's Leadership in Energy and Environmental Design —Core and Shell rating system (LEED®-CS) rating system, or other LEED rating system determined to be applicable to the building(s) by the U. S. Green Building Council (USGBC), that the Applicant anticipates attaining. A LEED-accredited professional (LEED-AP) who is also a professional engineer or licensed architect will provide certification statements at both the time of the site plan review and the time of building plan review confirming that the items on the list will meet at least the minimum number of credits necessary to attain LEED certification of the project. B. Team Member. In addition, prior to site plan approval, the Applicant will designate the City Sustainability Coordinator as a team member in the USGBC's LEED Online system. This team member will have privileges to review the project status and monitor the progress of all documents submitted by the project team, but will not be assigned responsibility for any LEED credits and will not be provided with the authority to modify any documentation or paperwork. C. Green Building Escrow. As an alternative to the actions outlined in the above paragraphs, or if the Applicant fails to attain LEED precertification prior to building plan approval, the Applicant will post, for the building, a "green building escrow," in the form or cash or a letter of credit from a financial institution acceptable in the amount of ($2/sq.ft.). This escrow will be in addition to and separate from other bond requirements and will be released upon demonstration of attainment of certification, by the U. S. Green Building Council, under the most current version of the LEED-CS rating system or other LEED rating system determined, by the U. S. Green Building Council, to be applicable to the building. The provision to the Department of Community Development and Planning of documentation from the U. S. Green Building Council that the building has attained LEED certification will be sufficient to satisfy this commitment. D. Escrow Release. If the Applicant provides to Department of Community Development and Planning, within one year of issuance of the final RUP/non-RUP for the building, documentation demonstrating that LEED certification for the building has not been attained but that the building has been determined by the U. S. Green Building Council to fall within three points of attainment of LEED certification, 50% of the escrow will be released to the Applicant; the other 50% will be released to City of Fairfax and will be posted to a fund within the City budget supporting implementation of City environmental initiatives. E. Escrow Forfeit. If the Applicant fails to provide, within one year of issuance of the final RUP/non-RUP for the building, documentation to the Department of Community Development and Planning, demonstrating attainment of LEED certification or demonstrating that the building has fallen short of LEED certification by three points or less, the entirety of the escrow for the building will be released to City of Fairfax and will be posted to a fund within the City budget supporting implementation of City environmental initiatives. F. Extension of Escrow Period. If the Applicant provides documentation from the USGBC demonstrating, to the satisfaction of the Department of Community Development and Planning, that USGBC completion of the review of the LEED certification application has been delayed through no fault of the Applicant, the Applicant's contractors or subcontractors, the time frame may be extended as determined appropriate by the Director of Community Development and Planning, and no release of escrowed funds shall be made to the Applicant or to the City during the extension. 10. SUCCESSORS AND ASSIGNS The Applicant, for itself, its successors and assigns, agrees that these proffers shall bind the future development of the Property, unless modified, waived or rescinded in the future by the City Council in accordance with applicable City of Fairfax and Commonwealth of Virginia statutory procedures. BE IT FURTHER ORDAINED, that the above conditions, application package and general development plan/preliminary site 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 become effective as provided by law. "-CTCy!J Lou.- Mayor 07/4/ Date ATTEST: City Clerk Votes Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Nay Councilmember Schmidt Aye Councilman Stombres Aye RECEIVED PROFFERED CONDITIONS JAN 17 2014 FAIRFAX CITY Community Dev&Planning Fairfax Plaza, LLC December 30, 2013 Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and Section 110- 7(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Fairfax Plaza LLC ("Applicant"), and its successors and assigns, agree that the development of the property that is the subject of an application for Zoning Map Amendment filed by the Applicant, as amended, and shown on City of Fairfax Tax Map Parcel 48-3-01-031A (collectively, the"Property"), will be in accordance with the following Proffered Conditions if the Zoning Map Amendment is granted and the Property is rezoned to the C-2(p) (Retail Commercial District with proffers) District in accordance with the Applicant's General Development Plan (GDP), dated June 26, 2013,revised through October 9, 2013. The proffered conditions are: 1. GENERAL DEVELOPMENT PLAN The general character of the development of the Property shall be in substantial conformance with the General Development Plan (GDP), entitled Fairfax City Plaza dated June 26, 2013 revised through October 9, 2013, prepared by Professional Design Group, Inc. and the architectural rendering prepared by ATALLI Architect, PLLC dated July 22, 2013. 2. LANDSCAPING a. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with sheets 4 and 5 of 8 of the GDP. Large deciduous trees shall have a minimum caliper of 3 'h inches, medium deciduous trees shall have a minimum height of 8 to 10 feet and evergreen trees shall have a minimum height of 6 to 8 feet at time of planting. If plant material proposed on the landscape plan is not available at the time of installation, the applicant shall be allowed substitute similar plant species with the approval of the Director of Community Development and Planning. b. The Applicant reserves the right to install an entry feature monument sign on the Property as shown in the GDP. c. The final location of the screening fence located along the rear property line shall be subject to the approval of the Board of Architectural Review ("BAR") and the Zoning Administrator. WBL\D0233.9.MW.6264 1 MIL 3. TREE PRESERVATION The Applicant shall preserve trees on the Property as shown on Sheet 8 of 8 of the GDP subject to minor adjustment during site plan review with approval of the Director of Community Development and Planning. Tree management plan requirements (to include a tree assessment prepared by a certified arborist retained by the Applicant) will be met in conjunction with site plan approval and during construction. Specifically: a. The Applicant shall take necessary steps and actions to ensure the long term survival, and continuing structural integrity and health of trees designated on sheet 8, tree preservation plan of the GDP to be preserved on site. The landscape plan submitted as part of the subdivision/site plan shall conform to the GDP. Minor modifications may be permitted to the extent that these do not change the designation of the individual trees to be preserved or result in significant physical impacts to the areas outside the limits of clearing and grading shown on the GDP. b. Prior to subdivision/site plan submission the Applicant shall retain the services of a certified arborist to review the impact of proposed site grading on the trees to be preserved and on nearby off-site trees that may be impacted by site development. The certified arborist shall prepare a Tree Management Plan specifying preservation practices to be used to maximize chances of tree survival, such as crown pruning, root pruning, mulching, fertilization and others as necessary and identifying any new trees that in the arborist's professional judgment would become hazardous in the new setting and should be removed. The Tree Management Plan shall be incorporated into the subdivision/site plan for review and approval. c. All trees designated to be preserved shall be protected by tree protection fencing. Tree protection fencing shall consist of 4-foot high, 14 gauge welded wire attached to six (6) foot posts driven eighteen (18) inches into the ground and shall be shown on the subdivision/site plan. All tree protection fencing shall be installed prior to any site clearing and grading activities. The installation of all tree protection fencing shall be performed under the supervision of a certified arborist or landscape architect and accomplished in a manner that does not harm existing vegetation. d. At the time of bond release, the trees will be inspected by the City and a certified arborist retained by the Applicant. Should any existing individual tree shown for preservation not survive due to the impact of construction, the Applicant shall replace such trees as follows: • For a tree up to five (5) inches in caliper failing to survive, one (1) tree with a caliper of not less than 3 1/2 inches shall be provided; • For a tree between five (5) and sixteen (16) inches in caliper failing to survive, two (2) trees with a caliper of not less than 3 1/2 inches shall be provided; W B L\D0233.9.MW 6264 2 MIL • For a tree with a caliper of sixteen (16) inches or greater failing to survive, three (3) trees with a caliper of not less than 3 `h inches shall be provided; • In general, the replacement trees shall be the same species of the failing tree except that the Applicant may substitute trees of different species with the advice and consent of the Zoning Administrator. 4. ARCHITECTURAL EXTERIOR DESIGN The building to be constructed on the Property shall have facades of brick, stone, or a combination of these materials except for architectural appurtenances. The architectural design of the proposed building shall generally conform with the character and quality of the illustrative elevations depicted on sheets A02 and A03 of 8 of the GDP and the architectural rendering prepared by ATALLI Architect, PLLC. The Applicant reserves the right to modify these elevations and add additional elevations based on final architectural design subject to approval by the BAR. 5. PUBLIC IMPROVEMENTS a. The Applicant shall replace the existing asphalt path with an eight-foot concrete sidewalk along the Property's Lee Highway frontage as shown in the GDP. b. The Applicant shall provide street trees along the Lee Highway frontage. If there is insufficient space in the right-of-way to locate the street trees as determined by the Director of Public Works, the applicant may locate the street trees onsite per review and agreement by the Department of Community Development and Planning. Any such trees planted onsite shall be maintained by the Applicant. c. The Applicant shall install acorn style street lighting as shown in the GDP. 6. CONSTRUCTION MANAGEMENT PLAN Subsequent to rezoning approval but prior to site plan approval, the Applicant agrees to submit a management plan for approval by the City Manager or his designee for construction which will include the following information: a. Hours of operation; b. Truck routes to and from entrances; c. Location of parking areas for construction employees; d. Truck staging and cleaning areas; e. Storage areas; WBL\D0233.9.MW.6264 3 f. Fencing details; g. Trailer and sanitary facility locations; h. Traffic control measures; and i. Maintenance of entrances. The Applicant shall provide cash,bond or letter of credit in the amount of$20,000 to provide for any damage to the road system fronting the Property due to construction traffic. A joint inspection with the DPW of the condition of such roads shall be made prior to the start of construction. The Applicant shall provide a plan for phased construction of the development one month prior to beginning construction to include the timetable for public and site improvements and plans for any ancillary facilities such as sales or construction trailers. The Applicant shall identify a person who shall serve as a liaison to the community throughout the duration of construction. The name and telephone number of this individual shall be provided in writing to the residents and business owners abutting the site, and to the City of Fairfax's Department of Community Development and Planning. Construction activity shall be limited from 7:00 a.m. to 6:00 p.m. weekdays and 8:30 a.m. to 5:00 p.m. Saturdays. No construction activity shall take place on Sundays. 7. STORMWATER MANAGEMENT Stormwater management shall be designed in accordance with 4VAC50-60-62 through 4VAC50-60-92. 8. FUTURE INTERPARCEL CONNECTION The Applicant shall provide for interparcel access and easement with the adjacent properties to the south 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. 9. GREEN BUILDING PRACTICES A. Specific Credits. The Applicant will include, as part of the site plan submission and building plan submission, a list of specific credits within the most current version of the U. S. Green Building Council's Leadership in Energy and W BL\D0233.9.MW 6264 4 r Environmental Design—Core and Shell rating system (LEED®-CS) rating system, or other LEED rating system determined to be applicable to the building(s) by the U. S. Green Building Council (USGBC), that the Applicant anticipates attaining. A LEED-accredited professional (LEED-AP) who is also a professional engineer or licensed architect will provide certification statements at both the time of the site plan review and the time of building plan review confirming that the items on the list will meet at least the minimum number of credits necessary to attain LEED certification of the project. B. Team Member. In addition, prior to site plan approval, the Applicant will designate the City Sustainability Coordinator as a team member in the USGBC's LEED Online system. This team member will have privileges to review the project status and monitor the progress of all documents submitted by the project team, but will not be assigned responsibility for any LEED credits and will not be provided with the authority to modify any documentation or paperwork. C. Green Building Escrow. As an alternative to the actions outlined in the above paragraphs, or if the Applicant fails to attain LEED precertification prior to building plan approval, the Applicant will post, for the building, a "green building escrow," in the form or cash or a letter of credit from a financial institution acceptable in the amount of($2/sq.ft.). This escrow will be in addition to and separate from other bond requirements and will be released upon demonstration of attainment of certification, by the U. S. Green Building Council, under the most current version of the LEED-CS rating system or other LEED rating system determined, by the U. S. Green Building Council, to be applicable to the building. The provision to the Department of Community Development and Planning of documentation from the U. S. Green Building Council that the building has attained LEED certification will be sufficient to satisfy this commitment. D. Escrow Release. If the Applicant provides to Department of Community Development and Planning, within one year of issuance of the final RUP/non-RUP for the building, documentation demonstrating that LEED certification for the building has not been attained but that the building has been determined by the U. S. Green Building Council to fall within three points of attainment of LEED certification, 50% of the escrow will be released to the Applicant; the other 50% will be released to City of Fairfax and will be posted to a fund within the City budget supporting implementation of City environmental initiatives. E. Escrow Forfeit. If the Applicant fails to provide, within one year of issuance of the final RUP/non-RUP for the building, documentation to the Department of Community Development and Planning, demonstrating attainment of LEED certification or demonstrating that the building has fallen short of LEED certification by three points or less, the entirety of the escrow for the building will be released to City of Fairfax and will be posted to a fund within the City budget supporting implementation of City environmental initiatives. WBLD0233.9.MW.6264 5 F. Extension of Escrow Period. If the Applicant provides documentation from the USGBC demonstrating, to the satisfaction of the Department of Community Development and Planning, that USGBC completion of the review of the LEED certification application has been delayed through no fault of the Applicant, the Applicant's contractors or subcontractors, the time frame may be extended as determined appropriate by the Director of Community Development and Planning, and no release of escrowed funds shall be made to the Applicant or to the City during the extension. 10. SUCCESSORS AND ASSIGNS The Applicant, for itself, its successors and assigns, agrees that these proffers shall bind the future development of the Property, unless modified, waived or rescinded in the future by the City Council in accordance with applicable City of Fairfax and Commonwealth of Virginia statutory procedures. [SIGNATURE APPEARS ON THE FOLLOWING PAGE] W BUD0233.9.M W.6264 6 Applicant: Fairfax Plaza LLC _ By /( Name: Me •i .arbaz Title: Ma :_ing Member WBL\D0233.8.MW.6264 7