APPLICATION ACCEPTED: January 26, 2011 BOARD OF ZONING APPEALS: April 13, 2011 TIME: 9:00 a.m. County of Fairfax, Virginia
April 6, 2011
STAFF REPORT
SPECIAL PERMIT APPLICATION NO. SP 2011-MA-006
MASON DISTRICT
APPLICANT: Bizuwork Tafesse and Hiwot Fesseha d/b/a Haven Lounge
ZONING: C-6, CRD
LOCATION: 3825-D South George Mason Drive
ZONING ORDINANCE PROVISIONS: 8-503
TAX MAP: 62-3 ((13)) 44
SQUARE FOOTAGE: 1,175 square feet
PLAN MAP: Office, retail and residential uses
SPECIAL PERMIT PROPOSAL: To permit the addition of a Group 5, Commercial Recreation Use (hookah lounge) in an existing commercial space
STAFF RECOMMENDATION: Staff recommends approval of SP 2011-MA-006 subject to the proposed development conditions contained in Appendix 1.
It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions, relieve the applicants/owners from compliance with the provisions of any applicable ordinances, regulations, or adopted standards.
0: \lacho00 \SP \ SP 2011-MA-006 (Haven Lounge)\staff_report.doc Brenda J Cho
Department of Planning and Zoning Zoning Evaluation Division 12055 Government Center Parkway, Suite 801 Fairfax, Virginia 22035-5509 p P TOE Excellence Innovation Stewardship Phone 703-324-1290 FAX 703-324-3924 PLANNIKG Integrity Teamwork Public Service www.fairfaxcounty.govidoz/ ZONING
It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Zoning Appeals. A copy of the BZA s Resolution setting forth this decision will be mailed within five (5) days after the decision becomes final.
The approval of this application does not interfere with, abrogate or annul any easements, covenants, or other agreements between parties, as they may apply to the property subject to the application.
For additional information, call Zoning Evaluation Division, Department of Planning and Zoning at 703-324-1280, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035. Board of Zoning Appeals meetings are held in the Board Room, Ground Level, Government Center Building, 12000 Government Center Parkway, Fairfax, Virginia 22035-5505.
Americans with Disabilities Act (ADA): Reasonable accommodation is available upon 7 days advance notice. For additional information on ADA call (703) 324-1334 or TTY 711 (Virginia Relay Center). Special Permit SP 2011-MA-006 BIZUWORK TAFESSE AND HIWOT FESSEHA D/B/A HAVEN LOUNGE
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Eno", ,..0.10 /vs te. 2,e Be At, OE .), tee ,41.5 4( 45 ) MOC4IFICAktON ArravtlA (-5(,40. 1-AIT5A a-l eneer,10) 1 2010 (SP # BIZUWORK TAFESSE AND HIWOT FESSEHA D/B/A HAVEN LOUNGE SPECIAL PERMIT APPLICATION TM #062-3-((13))-0044 3825 D South George Mason Drive August 11, 2010 PHOTOGRAPHS OF SITE AND SURROUNDING AREA LEGEND Photograph Description Number 1 Subject Unit-Haven Lounge, Unit 44 and area to the west of Subject Unit 2 Area to the west/northwest of shopping center 3 Shopping center directly to east of Subject Unit 4 Subject Unit from adjacent sidewalk 5 Subject Unit 6 Shopping center to east of Subject Unit 7 Southwestern portion of shopping center 8 Shopping center east of Subject Unit 9 From shopping center parking lot to east 10 From adjacent sidewalk to shopping center 11 East of shopping center 12 North of shopping center 13 Northwest of shopping center 14 From shopping center to west RECEIVED vep artmerrt of PlantlIno Zoninn AUG 13 20/0 Zoning Evattam Div.felon `tor st, kr- r „ rxr is.wr ®- ® imu■ustwatiallfal. as 01 ON •ce • 9i rr ?4, 1 , , I 4 :1)1 tali] If MNIMINI1111111:4)!I F Il 1.,611,1161.‘161 El el ti la SP 2011-MA-006 Page 1 DESCRIPTION OF THE APPLICATION Special Permit Request: To permit the addition of a Group 5, Commercial Recreation Use (hookah lounge) in an existing commercial space PROPOSED Size of Unit: 1,175 square feet Parking: 5.1 spaces Seats: 50 seats Hours of Operation: 11:00 a.m. — 2:00 a.m., Sunday through Saturday Employees: 3 full-time employees The leased portion of the shopping center for the use is only applied for this application, and the square footage is based on the parking tabulation and application. However, the Fairfax County Department of Tax Administration records note that the square footage for the unit is 1,116 square feet. The required parking spaces are based on a parking tabulation, dated October 13, 2009 and approved by Department of Public Works and Environmental Services (DPWES). LOCATION AND CHARACTER Existing Site Description The subject site is located at the southeast corner of South George Mason Drive and Seminary Road as part of the Skyline development area. The application unit, which measures 1,175 square feet, is within a shopping center with commercial uses such as restaurants, quick service food stores, and beauty salons. The shopping center fronts along South George Mason Drive and Seminary Road, where there are ingress and egress points, and there are storefronts along the rear of the building as well. The immediate area is zoned C-6. It is also located within the Bailey s Crossroads/Seven Corners Commercial Revitalization District (CRD). There are a total of 311 parking spaces on site. Mature vegetation line the site s boundaries, and deciduous trees are also planted within landscape islands in the parking lot. O:\bcho00\SP\SP 2011-MA-006 (Haven Lounge)\Reportstaffreport.doc SP 2011-MA-006 Page 2 To the north and east, there are high-rise condominiums, and to the immediate south, there is an industrial use, which is within the City of Alexandria s jurisdiction. Across Seminary Road to the west, there are single-family detached residences, which are also within the boundaries of the City of Alexandria. Dowden Terrace, a community of single- family detached dwellings, is northwest of the site. Immediately adjacent to the western boundary of the site, there is a small parcel of land which is owned by the Board of Supervisors and zoned 1-5, according to the Fairfax County Zoning Map. However, the parcel is not developed. Surrounding Area Description Direction Use Zoning North Skyline Square Condominium PDC South Industrial use (City of Alexandria N/A limits) East Skyline House Condominium PDC West Single-family detached dwellings (City N/A of Alexandria limits) BACKGROUND Site History On November 2, 1981, the Board of Supervisors (BOS) approved RZ 81-M-072 with proffers to permit a zoning change from 1-5 to C-6 on 4.4165 acres, including the petitioned site. BuildAmerica 7 at Skyline House Condominium was built in 1982. On October 31, 2009, the Virginia Department of Alcoholic Beverage Control (ABC) charged the Haven Lounge with selling alcohol without an ABC license, keeping alcohol at the restaurant without an ABC license and possessing gambling devices. Staff from DPZ issued a Notice of Violation (NOV), on December 8, 2009, regarding a lack of a non-Residential Use Permit (RUP) for the hookah lounge, which was already in operation, and a lack of a sign permit. A copy of the NOV is included as Appendix 4. The owners subsequently obtained a non-RUP for a "fast food restaurant (no hookah lounge)" dated December 18, 2009, but the business has remained closed since December 2009. There are no previous applications for hookah lounges in Fairfax County. 0:\ bcho00 \SP \SP 2011-MA-006 (Haven Lounge)\Report\staff_report.doc SP 2011-MA-006 Page 3 ANALYSIS Special Permit Plat (Copy at front of staff report) Title of SP Plat: BuildAmerica 7 Prepared By: Dewberry Davis Dated: April 1981 Special Permit Plat and Proposed Use: The submitted plat is a copy of the original site plan dated April 1981, which was approved and bonded based on the previous 1-5 zoning district. The shopping center s 4.4165 acre site was rezoned from 1-5 to C-6 with the approval of zoning application RZ 81-M-072 on November 2, 1981 as previously stated. The landowner agreed to a proffer that would amend the approved site plan to comply with the new C-6 zoning district and to provide the required number of parking spaces for the office and retail uses on site. The applicant proposes to operate a hookah lounge in a leased commercial space, which measures 1,175 square feet, within the existing shopping center. The Zoning Administration Division determined, in a letter dated February 5, 2010, that a hookah lounge is a Commercial Recreation Use since it is a form of "relaxation and amusement." A copy of the determination letter is included as Appendix 7. It is most similar to other commercial recreation uses, such as indoor firing ranges, archery ranges, and fencing. The proposed hookah lounge will operate from 11:00 a.m. to 2:00 a.m., seven days a week. The lounge space will have several tables with seats, and benches will be placed around the perimeter. A maximum capacity up to 60 people, including employees, is proposed. Coffee, tea, soda and other non-alcoholic beverages will be served. Food will not be prepared or served in the lounge, but carryout or prepackaged food can be eaten in the lounge. Patrons, who must be a minimum of 18 years of age, will pay for the use of the hookahs and tobacco on site, and no tobacco or other retail sales are proposed. Piped-in background music will be played, and no live entertainment is proposed. An existing bar counter will be used to prepare drinks inside the lounge space. The hookahs, which are also known as water pipes, will be prepared in the kitchen area, which is in the rear of the space. The specific method of preparing a hookah can vary, but generally, the hookah is assembled with key essential parts, including a bowl, water jar, and plate or foil. The charcoal, which is mainly wood based, for the hookah is heated in a pan on a stove and then transferred to the top of a hookah on a perforated plate or piece of foil, which rests above the tobacco in a bowl. These pieces, which 0:thcho00NSP\SP 2011-MA-006 (Haven Lounge)\Report\staff_reporC.doc SP 2011-MA-006 Page 4 comprise the body of the hookah, are all connected together above a water jar. A hose or multiple hoses connect to the body of the hookah, and patrons draw air through the hose down through the charcoal, tobacco, and into the water jar to create smoke from the hookah. Staff was concerned that the smoke from the hookah lounge will infiltrate adjoining units, so a tenant layout plan will be required for Building Plan Review prior to approval of the non-RUP. As part of the tenant layout plan, appropriate ventilation has to be provided at the level of a smoking lounge for the hookah lounge. In addition, a Fire Safety Technical Inspection will be required so the Fire Marshal s Office can inspect the hookah lounge to verify fire safety measures in the unit. Land Use Analysis: The Comprehensive Plan s base plan recommendation for the immediate area (Sub- Unit F-1) around the application site is for 3,018,000 square feet of office uses, 260,000 square feet of retail uses and 3,600 multi-family residential units. The redevelopment option is for a mixed-use development containing residential, office, retail, park and recreational components. The addition of a hookah lounge does not conflict with neighboring commercial uses in the shopping center and complies with the redevelopment option for the area. Comments were received from the Office of Commercial Revitalization and Reinvestment, Fairfax County Department of Transportation, Stormwater Management, and Urban Forest Management. The applicable memos are attached as Appendices 8 — 10. No issues were identified by these agencies relating to the proposed use. ZONING ORDINANCE PROVISIONS Special Permit Requirements (See Appendix 11) General Special Permit Standards (Sect. 8-006) Staff believes that the application for the addition generally meets all of the eight (8) General Special Permit Standards, particularly Standard 3. The applicant is proposing a hookah lounge in an existing shopping center and does not propose any new construction. The adjacent tenant spaces to the proposed hookah lounge are commercial uses, and the shopping center is located within an area of mixed uses, including residential, commercial and industrial uses. However, staff had concerns regarding health and safety impacts of the use, particularly fire safety issues since the hookahs are heated with charcoals. The applicant has agreed to a yearly fire safety technical inspection, and adequate ventilation will be required. The hookah lounge will 0: \ bcho00 \SP \SP 2011-MA-006 (Haven Lounge)\Repornstaff_reporldoc SP 2011-MA-006 Page 5 also be open to inspection by all Fairfax County departments during the hours of operation. Group 5 Standards (Sect. 8-503) The Group 5 Standards require that the proposed use comply with the lot size and bulk regulations for the C-6 District, comply with the performance standards and satisfy site plan review. The site met these requirements at the time of site plan approval, and no site modifications are proposed. Summary of Zoning Ordinance Provisions All applicable standards have been satisfied with the proposed development conditions. CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the subject application is in harmony with the Comprehensive Plan and in conformance with the applicable Zoning Ordinance provisions with the implementation of the Proposed Development Conditions contained in Appendix 1 of the Staff Report. The Proposed Development Conditions address comments from the Fire Marshal s Office and Building Plan Review, who also reviewed the conditions. APPENDICES Proposed Development Conditions Affidavit Statement of Justification Notice of Violation Proposed Site Plan Use and Parking Tabulation Revision for BuildAmerica 7 Proposed Floor Plan for the Haven Lounge Zoning Administration Division Determination Letter Office of Commercial Revitalization and Reinvestment (OCRR) Analysis Fairfax County Department of Transportation Analysis Urban Forest Management Analysis 11.Applicable Zoning Ordinance Provisions Checklist 0: \bcho00\SP \ SP 2011-MA-006 (Haven Lounge)\Repornstaff_report.doc SP 2011-MA-006 APPENDIX 1 Page 1 PROPOSED DEVELOPMENT CONDITIONS SP 2011-MA-006 April 6, 2011 If it is the intent of the Board of Zoning Appeals to approve SP 2011-MA-006 located at Tax Map 62-3 ((13)) 44 to permit a commercial recreation use under Section 8-503 to the Fairfax County Zoning Ordinance, staff recommends that the Board condition the approval by requiring conformance with the following development conditions. This approval is granted to the applicant only, Bizuwork Tafesse and Hiwot Fesseha d/b/a Haven Lounge, and is not transferable without further action of this Board, and is for the location indicated on the application, 3825-D South George Mason Drive, and is not transferable to other land. This special permit is granted only for the purpose(s), structures and/or use(s) indicated on the special permit plat prepared by Dewberry Davis, dated April 1981, approved with this application, as qualified by these development conditions. A copy of this special permit and the Non-Residential Use Permit SHALL BE POSTED in a conspicuous place on the property of the use and be made available to all departments of the County of Fairfax during the hours of operation of the permitted use. This special permit is subject to the provisions of Article 17, Site Plans. Any plan submitted to the Department of Public Works and Environmental Services (DPWES) pursuant to this Special Permit shall be in substantial conformance with these conditions. Minor modifications to the approved Special Permit may be permitted pursuant to Par. 4 of Sect. 8-004 of the Zoning Ordinance. The use shall be in general conformance with the floor plan, included as Attachment 1. Maximum occupancy shall not exceed 60 persons, including employees, in the facility at any time. The maximum hours of operation of the use shall be limited to 11:00 a.m. to 2:00 a.m. daily. Employees shall be a minimum of eighteen (18) years of age. SP 2011-MA-006 APPENDIX 1 Page 2 Entry to the establishment shall be limited to customers who are eighteen (18) years of age and older. A door counter shall be present during the hours of operation to validate the age of patrons and to ensure compliance with the maximum occupancy permitted. The number of required parking spaces shall be provided in conformance with the provisions of Article 11 of the Zoning Ordinance, as determined by the Department of Public Works and Environmental Services (DPWES). All parking for the use shall be on site of the BuildAmerica shopping center. No alcohol shall be stored or served on site. No food shall be prepared on site, except prepackaged snacks. 13.There shall be no amusement games or gambling on the premises. 14.There shall be no live entertainment or a dance area. 15.The use shall be open to inspection by all departments of the County of Fairfax during the hours of operation. 16.The applicant shall complete a Fire Safety Technical Inspection once a year. A copy of the inspection shall be filed with the Fairfax County Department of Planning and Zoning. 17. Prior to approval of the non-RUP, a tenant layout plan shall be submitted for review in accordance with the currently adopted Virginia Construction Code. 18.The Non-Residential Use Permit (non-RUP) shall include restrictions on the maximum occupancy permitted, number of permitted tables and the maximum hours of operation. This approval, contingent on the above-noted conditions, shall not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. Pursuant to Sect.8-015 of the Zoning Ordinance, this special permit shall automatically expire, without notice, thirty (30) months after the date of approval unless the use has been established as outlined above. The Board of Zoning Appeals may grant additional time to establish the use if a written request for additional time is filed with the Zoning Administrator prior to the date of expiration of the special permit. The request must specify the amount of additional time requested, the basis for the amount of time requested and an explanation of why additional time is required. Appendix 2 Application No.(s): (county-assigned application number(s), to be entered by County staff) SPECIAL PERMIT/VARIANCE AFFIDAVIT DATE: January 3, 2010 (enter date affidavit is notarized) 1 Amber K. Burke, Esq. , do hereby state that I am an (enter name of applicant or authorized agent) (check one) [ ] applicant [^] applicant s authorized agent listed in Par. 1(a) below t g 9 S.5 Ct. and that, to the best of my knowledge and belief, the following is true: 1(a). The following constitutes a listing of the names and addresses of all APPLICANTS, TITLE OWNERS, CONTRACT PURCHASERS, and LESSEES of the land described in the application, and, if any of the foregoing is a TRUSTEE, each BENEFICIARY of such trust, and all ATTORNEYS and REAL ESTATE BROKERS, and all AGENTS who have acted on behalf of any of the foregoing with respect to the application: (NOTE: All relationships to the application listed above in BOLD print must be disclosed. Multiple relationships may be listed together, e.g., Attorney/Agent, Contract Purchaser/Lessee, Applicant/Title Owner, etc. For a multiparcel application, list the Tax Map Number(s) of the parcel(s) for each owner(s) in the Relationship column.) NAME ADDRESS RELATIONSHIP(S) (enter first name, middle initial, and (enter number, street, city, state, and zip code) (enter applicable relationships last name) listed in BOLD above) Bizuwork Tafesse and Fliwot Fesseha 3825-D South George Mason Drive Applicant/Lessee d/b/a Haven Lounge Falls Church, VA 22041 Virtudes Limited Partnership 6625 Horseshoe Trail Title Owner Clifton, VA 20124 Odin, Feldman Pittleman, P.C. 9302 Lee Highway, Suite 1100 Attorney/Agent Fairfax, VA 22031 -Amber K. Burke, Esq. Attorney/Agent -John L. McBride, Esq. Attorney/Agent (check if applicable) [ ] There are more relationships to be listed and Par. 1(a) is continued on a "Special PermitNariance Attachment to Par. I(a)" form. In the case of a condominium, the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium. # List as follows: Name of trustee Trustee for (name of trust, if applicable), for the benefit of: (state name of each beneficiary). FORM SPNC-I Updated (711 /06) \ Application No.(s): (county-assigned application number(s), to be entered by County Staff) Page Two SPECIAL PERMIT/VARIANCE AFFIDAVIT DATE: January 3, 2010 10155-/k (enter date affidavit is notarized) 1(b). The following constitutes a listing of the SHAREHOLDERS of all corporations disclosed in this affidavit who own 10% or more of any class of stock issued by said corporation, and where such corporation has 10 or less shareholders, a listing of all of the shareholders: (NOTE : Include SOLE PROPRIETORSHIPS, LIMITED LIABILITY COMPANIES, and REAL ESTATE INVESTMENT TRUSTS herein.) CORPORATION INFORMATION NAME ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code) Odin, Feldman Pittleman, P.C. 9302 Lee Highway, Suite 1100 Fairfax, VA 22031 DESCRIPTION OF CORPORATION: (check one statement) 1 There are 10 or less shareholders, and all of the shareholders are listed below. 1^1 There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. [ There are more than 10 shareholders, but no shareholder owns 10% or more of any class of stock issued by said corporation, and no shareholders are listed below NAMES OF SHAREHOLDERS: (enter first name, middle initial, and last name) Dexter S. Odin David J. Brewer David E. Feldman John S. Wisiackas James B. Pittleman Patrick J. McConnell Robert K. Richardson (check if applicable) [ There is more corporation information and Par. 1(b) is continued on a "Special Permit/Variance Attachment 1(b)" form. All listings which include partnerships, corporations, or trusts, to include the names of beneficiaries, must be broken down successively until (a) only individual persons are listed or (b) the listing for a corporation having more than 10 shareholders has no shareholder owning 10% or more of any class of stock. In the case of an APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE of the land that is a partnership, corporation, or trust, such successive breakdown must include a listing and further breakdown of all of its partners, of its shareholders as required above, and of beneficiaries of any trusts. Such successive breakdown must also include breakdowns of any partnership, corporation, or trust owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER or LESSEE of the land Limited liability companies and real estate investment trusts and their equivalents are treated as corporations, with members being deemed the equivalent of shareholders; managing members shall also be listed Use footnote numbers to designate partnerships or corporations, which have further listings on an attachment page, and reference the same footnote numbers on the attachment page. FORM SPNC-1 Updated (7/1/06) Application No.(s): (county-assigned application number(s), to be entered by County Staff) Page Three SPECIAL PERMIT/VARIANCE AFFIDAVIT DATE: January 3, 2010 ‘oq 5)1 a (enter date affidavit is notarized) ______------_____ 1(c). The following constitutes a listing of all of the PARTNERS, both GENERAL and LIMITED, in any partnership disclosed in this affidavit: PARTNERSHIP INFORMATION PARTNERSHIP NAME ADDRESS: (enter complete name, number, street, city, state, and zip code) Virtudes Limited Partnership 6625 Horseshoe Trail Clifton, VA 20124 (check if applicable) [ The above-listed partnership has no limited partners. NAMES AND TITLE OF THE PARTNERS (enter first name, middle initial, last name, and title, e.g. General Partner, Limited Partner, or General and Limited Partner) Loreto Virtudes, General Partner (check if applicable) [ ] There is more partnership information and Par. 1(c) is continued on a "Special Permit/Variance Attachment to Par. 1(c)" form. All listings which include partnerships, corporations, or trusts, to include the names of beneficiaries, must be broken down successively until: (a) only individual persons are listed or (b) the listing for a corporation having more than 10 shareholders has no shareholder owning 10% or more of any class of stock. In the case of an APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE of the land that is a partnership, corporation, or trust, such successive breakdown must include a listing and further breakdown of all of its partners, of its shareholders as required above, and of beneficiaries of any trusts. Such successive breakdown must also include breakdowns of any partnership, corporation, or trust owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE of the land. Limited liability companies and real estate investment trusts and their equivalents are treated as corporations, with members being deemed the equivalent of shareholders; managing members shall also be listed Use footnote numbers to designate partnerships or corporations, which have further listings on an attachment page, and reference the same footnote numbers on the attachment page. FORM SP/VC-1 Updated (7/1/06) Application No.(s): (county-assigned application number(s), to be entered by County Staff) Page Four SPECIAL PERMIT/VARIANCE AFFIDAVIT DATE: January 3, 2010 o4 5 ,),1 (enter date affidavit is notarized) 1(d). One of the following boxes must be checked: In addition to the names listed in Paragraphs 1(a), 1(b), and 1(c) above, the following is a listing of any and all other individuals who own in the aggregate (directly and as a shareholder, partner, and beneficiary of a trust) 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE of the land: [^] Other than the names listed in Paragraphs 1(a), 1(b), and 1(c) above, no individual owns in the aggregate (directly and as a shareholder, partner, and beneficiary of a trust) 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE of the land. 2. That no member of the Fairfax County Board of Zoning Appeals, Planning Commission, or any member of his or her immediate household owns or has any financial interest in the subject land either individually, by ownership of stock in a corporation owning such land, or through an interest in a partnership owning such land. EXCEPT AS FOLLOWS: (NOTE: If answer is none, enter "NONE" on the line below.) NONE (check if applicable) [ ] There are more interests to be listed and Par. 2 is continued on a "Special Permit/Variance Attachment to Par. 2" form. FORM SPNC-I Updated (7/1/06) Application No.(s): (county-assigned application number(s), to be entered by County Staff) Page Five SPECIAL PERMIT/VARIANCE AFFIDAVIT DATE: January 3, 2010 e g 53R et_ (enter date affidavit is notarized) That within the twelve-month period prior to the public hearing of this application, no member of the Fairfax County Board of Zoning Appeals, Planning Commission, or any member of his or her immediate household, either directly or by way of partnership in which any of them is a partner, employee, agent, or attorney, or through a partner of any of them, or through a corporation in which any of them is an officer, director, employee, agent, or attorney or holds 10% or more of the outstanding bonds or shares of stock of a particular class, has, or has had any business or financial relationship, other than any ordinary depositor or customer relationship with or by a retail establishment, public utility, or bank, including any gift or donation having a value of more than $100, singularly or in the aggregate, with any of those listed in Par. 1 above. EXCEPT AS FOLLOWS: (NOTE: If answer is none, enter "NONE" on line below.) NONE (NOTE: Business or financial relationships of the type described in this paragraph that arise after the filing of this application and before each public hearing must be disclosed prior to the public hearings. See Par. 4 below.) (check if applicable) [ ] There are more disclosures to be listed and Par. 3 is continued on a "Special PermitNariance Attachment to Par. 3" form. That the information contained in this affidavit is complete, that all partnerships, corporations, and trusts owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE of the land have been listed and broken down, and that prior to each and every public hearing on this matter, I will reexamine this affidavit and provide any changed or supplemental information, including business or financial relationships of the type described in Paragraph 3 above, that arise on or after the date of this application. WITNESS the following signature: (check one) [ Applicant V I Applicant s Authorized Agent Amber K. Burke, Esq., Agent (type or print first name, middle initial, last name, and title of signee) ---tk Su s ribed and sworn to before me this 0 day of 20 6, in the Mate/Comm. of\ , County/city-of Notary Public My commission expires: 31-Q6 H Cs- C-M AA 71dta.4 tiy-cc 6-0 e t C rto-,,,`Th,k7,0k) 311300 ORM SPNC-1 Updated (7/1/06) CosupeSh pie 1.11S \ 133Commlolon Sam Melt 31; Wu APPENDIX 3 2010 (SP # ) BIZUWORK TAFESSE AND HIWOT FESSEHA DiB/A HAVEN LOUNGE SPECIAL PERMIT APPLICATION STATEMENT OF JUSTIFICATION TM #062-3-((13))-0044 RECEIVED Department 3825 D South George Mason Drive of Planning long), August 11, 2010 JAN 2 0 2011 Revised October 7, 2010 ZoreepEpinationPivisior DESCRIPTION OF THE APPLICATION Special Permit Request: To allow a "hookah bar" as a Group 5, Commercial Recreation use. Pursuant to Fairfax County Use Determination dated February 5, 2010, a "hookah bar" is deemed to be most similar to "indoor firing ranges, archery ranges, fencing and other similar indoor recreation uses." There is no new construction associated with this application. This is a request for a special permit use within a commercial/shopping center condominium. Record Fee Owner/ Applicant: Virtudes Limited Partnership/Haven Lounge Zoning: Community Retail Commercial District (C-6); Sign Control (SC); Commercial Revitalization District (CRD) Size: 1,175 square feet of maximum gross floor area within existing Buildamerica at Skyline Condo, Unit 44, Phase 1 and parking area shown on SP Plat Type of Operation: Hookah bar - a place where customers can socialize in a comfortable and relaxing environment while enjoying coffee and Hookah (the smoking of tobacco through water pipes) Hours of Operation: 11:00 a.m. to 2:00 a.m., daily Estimated Number of Patrons: Seating Capacity: 50 Number of Employees: 3 Estimate of Traffic Impact/ Maximum Expected Trip 1 Generation: This hookah bar is expected to generate approximately 6 trips per peak hour on a Saturday and 4 trips per peak hour on a weekday (based up trip generation estimates from the ITE Manual, 8th Edition, Land Use Code: Shopping Center (820) Vicinity to be Served: Falls Church, Seven Corners, Seminary Road Waivers and Modifications: None-no new construction. This is a request for a special permit use within an existing commercial/shopping center condominium. Hazardous and Toxic Substances: The Applicant is not aware of the existence on or in the subject condominium unit of any Hazardous or Toxic Substances as set forth in Title 40, Code of Federal Regulations Parts 116.4, 302.4 and 335, Hazardous Waste as set forth in Commonwealth of Virginia/Department of Waste Management Regulations VR 672- 10-1-Virginia Hazardous Waste Management Regulations, or petroleum products as defined in Title 40, Code of Federal Regulations Part 280. The Applicant does not intend to generate, utilize, store, treat and/or dispose of any of the same on site, except as allowed by applicable law for cleaning purposes and normal and customary business practices. The Applicant is not aware of any existing nor does the Applicant propose storage tanks or containers. LOCATION AND CHARACTER Existing Site Description: The subject condominium unit is located on a fully developed site with a commercial/shopping center condominium known as BuildAmerica Skyline, consisting of various retail, restaurant, office and personal service uses. Surrounding Area Description: The adjacent property to the south is entirely within the boundaries of the City of Alexandria. To the northwest lies the Dowden Terrace subdivision, as well as several single family homes. Skyline Square Condominium, Skyline Shopping Center and Savoy Park are to the north within a PDC development. To the east lies Skyline House Condominium and further to the east is Skyline Plaza Condominium. Direction Use Zoning North Skyline Square Condominium, Savoy Park PDC (residential and 2 Condominium and, Skyline Shopping Center retail) South City of Alexandria N/A East Skyline House and Skyline Plaza Condominiums PDC West Dowden Terrace and single family homes R-3 COMPREHENSIVE PLAN PROVISIONS: Plan Area: Area I — Baileys Planning Sector: Baileys Crossroads Community Business Center, Baileys East, Sub-Unit F-1 Plan Map: Mixed Use Plan Text: This sub-unit is located on the south side of Leesburg Pike and borders the City of Alexandria boundary. It is currently developed with the Skyline Center which is a mixed-use development, containing residential, office, retail, park and recreational components. Base Plan Recommendations — The base plan recommendation for this sub-unit is 3,018,000 square feet of office uses, 260,000 square feet of retail uses and 3,600 multi-family residentialunits. Redevelopment Option — This sub-unit is planned for and developed as a mixed- use development, containing residential, office, retail, park and recreational components. CONFORMANCE WITH SECTION 8-006 (GENERAL STANDARDS) The proposed use at the specified location shall be in harmony with the adopted comprehensive plan. The proposed use is located within Sub-Unit F-1, which is planned as developed. The proposed use is in harmony with the adopted comprehensive plan because it implements the mixed use recreational component. The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. The proposed use is a Group 5 Commercial Recreation Use, which is specifically allowed in the C-6 district by special permit. It is a commercial recreation use oriented to serve several neighborhoods, in harmony with the general purpose and intent of the C-6 district. 3 The proposed use shall be such that it will be harmonious with and will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the adopted comprehensive plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of the adjacent or nearby land and/or buildings or impair the value thereof. The subject property and surrounding area are fully developed. The proposed use of the site will be harmonious with the other uses within the BuildAmerica shopping center because it compliments these existing retail, restaurant and personal service uses. There are a number other hookah bars within the BuildAmerica shopping center, which, to the best of the applicant s knowledge, are currently in receipt of zoning violation notices for lack of special permit approval, yet are continuing to operate in violation. The applicant received such a zoning violation, issued December 8, 2009, and immediately halted operation in order to comply with the Fairfax County Ordinance Requirements. Since that time, the Fairfax County Zoning Administrator issued a use determination dated February 5, 2010 stating that a "hookah bar" is deemed to be most similar to "indoor firing ranges, archery ranges, fencing and other similar indoor recreation uses" and the applicant, is attempting to comply with said use determination by filing this special permit application. A hookah bar use that is validly and lawfully operating by approved special permit, will serve to enhance the other uses within the existing BuildAmerica shopping center, as well as the surrounding community that it serves. Patrons and neighbors will feel safe and secure with a valid and lawful use operating within the subject unit, and, as approved, this use will encourage other similar uses operating in violation to apply for the proper approvals and permits. The proposed use shall be such that pedestrian and vehicular traffic associated with such use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood. There is no new construction associated with this use and the area if fully developed. Pedestrians can use the existing sidewalks and crosswalks located within the area. In addition to the standards which may be set forth in this Article for a particular group or use, the BZA shall require landscaping and screening in accordance with the provisions of Article 13. There is no new construction associated with this use. The site is fully developed. Open space shall be provided in an amount equivalent to that specified for the zoning district in which the proposed use is located. There is no new construction associated with this use. The site is fully developed. 7. Adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided. Parking and loading requirements shall be in accordance with the provisions of Article 11. There is no new construction associated with this use. The site is fully developed and there is adequate utility, drainage, parking and loading to accommodate the proposed use. This use is parked under the ordinance 4 requirements for a shopping center of 100,000 square fee of gross floor area or less and this particular use requires/provides 4.7988 spaces. 8. Signs shall be regulated by the provisions of Article 12. All signage on the site will meet Zoning Ordinance requirements. Section 8-503 Standards for all Group 5 Uses In addition to the general standards set forth in Sect. 006 above, all Group 5 special permit uses shall satisfy the following standards: All uses shall comply with the lot size and bulk regulations of the zoning district in which located, except as may be qualified below. There is no new construction associated with this use. The site is fully developed. All uses shall comply with the performance standards specified for the zoning district in which located, including the submission of a sports illumination plan as may be required by Part 9 of Article 14. This use complies with such performance standards. No building designed primarily and specifically for such use shall be located within 100 feet of any adjoining property which is in an R district. This use is not located within 100 feet of any adjoining property which is in an R district. Before establishment, all uses, including modifications or alterations to existing uses, shall be subject to the provisions of Article 17, Site Plans. There is no new construction associated with this use. Section 7-500 Sign Control (SC) Overlay District Additional Regulations - Sign Control Overlay Districts are established in furtherance of Sect. 12-101 by restricting freestanding signs in the intensely developed commercial and industrial areas of the County where there is an increased need to reduce visual clutter, sight distance obstructions and interference with traffic control signals and mechanisms and where the speed of traffic does not warrant the freestanding signs otherwise permitted by the provisions of Article 12. The shopping center located at this site is fully developed and there is no new construction associated with this use. All building mounted signage shall comply with the provisions of Article 12. Section 7-1001 Commercial Revitalization Districts (In General) - The Commercial Revitalization Districts are established to encourage economic development activities in the older commercial areas of the County in order to provide desirable employment and enlarge the tax base consistent with the provisions of Sections 15.2-200, 2283 and 2284 of the Code of Virginia, as amended. The districts are intended to enhance the older commercial areas of the County by providing for specific regulations which are designed to facilitate the continued viability and redevelopment of these areas. The proposed use enlarges the tax base by operating in previously vacant space within an existing shopping center and will encourage continued support of the other uses in the shopping center by attracting additional customers. 5 Appendix 7, Part 2, A7-200 Bailey s Crossroads/Seven Corners Commercial Revitalization District There is no new construction associated with this use, however, the proposed use complies with said regulations SUMMARY: This Application meets the C-6, SC and CRD zoning district requirements, as well as the enumerated general and specific standards for approval of a Group 5 Special Permit. This use is appropriately located within an existing shopping center with other similar and supportive uses. Adequate parking is provided and there is a relatively small traffic impact arising from this use, which is accommodated by the existing transportation network. The commercial recreation use of a hookah bar is in conformance with the Comprehensive Plan, and provides a place where customers can socialize in a comfortable and relaxing environment while enjoying coffee and Hookah. ODIN, FELDMAN PITTLEMAN, P.C. Amber K. Burke, Esq. 6 6,,:kt Appendix 4 County of Fairfax, Virginia To protect and enrich the quality of life for the people, neighborhoods and diverse communities of Fairfax County. NOTICE OF VIOLATION DATE OF ISSUANCE: December 08, 2009 SHERIFF S LETTER CASE #: 41093 SR#: 56435 SERVE: Iiizuwork Tafesse, Director/ Owner Hiwot Fassaha, Director / Owner -- c/o Adamone Corporation ...- t"- 6353 Battlement Way CJ Alexandria, VA 22312 ‘4‘;‘ LOCATION Haven Lounge 3825-D South George Mason Drive OF VIOLATION Baileys Crossroads, VA 22041 Buildamerica At Skyline Condo, Unit 44, Phase 1 Tax Map #: 62-3 (( 3)) 44 Zoning District: C-6 Dear Owners: An inspection of the above referenced property on October 31, 2009 revealed the following (- violations of the Fairfax County Zoning Ordinance. § 18-701 Non Residential Use Permit: It has been determined that The Haven Lounge is occupying the above-referenced property without having obtained the required Non-Residential Use Permit (Non-RUP). Therefore, you are in violation of Sect. 18-701 of the Fairfax County Zoning Ordinance which states: No occupancy or use shall be made of any structure hereinafter erected or of any premises hereinafter improved, and no change in use shall be permitted, unless and until a Residential or Non-Residential Use Permit has been approved in accordance with the provisions of this Part. A Residential or Non-Residential Use Permit shall be deemed to authorize and is required for both the initial and continued occupancy Department of Planning and Zoning Zoning Administration Division Zoning Enforcement Branch 12055 Government Center Parkway, Suite 829 Fairfax, Virginia 22035-5508 DEPARTMENT OF Excellence Innovation Stewardship Phone 703-324-1300 FAX 703-324-1343 PLANNING Integrity Teamwork Public Service www.fairfaxcounty.gov/dpz/ ZONING Bizuwork Tafesse I liwot Fassaha Adamone Corporation December 8, 2009 Page 2 and use of the building or land to which it applies. You are hereby directed to clear this violation within fifteen (15) days of the date of this Notice. Compliance can be accomplished by either vacating the premises or obtaining the required Non- RUP within fifteen (15) days of the date of this Notice. Specific instructions and requirements relative to this permit can be obtained by contacting the Zoning Permit Review Branch, 12055 Government Center Parkway, Fairfax, Virginia, telephone 703-222-1082, between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday. Violation: SIGN PERMIT REQUIRED An inspection of the above referenced property on December 9, 2009 revealed the presence of a building mounted sign advertising "Haven Lounge 703-703.379.0004". This sign is mounted on the front exterior wall of the building .The approximate size of the sign is 11 feet 8 inches long and thirty two inches wide for an approximate square footage of twenty seven feet. The building frontage for this establishment is nineteen feet. The maximum amount of signage for this business is twenty eight feet six inches. Therefore the size of the present sign is allowable with the procurement of an approved sign permit. Should further information be required, please do not hesitate to call this Inspector. I have included, for your convenience, a sign permit application. Instructions to complete the application are on the rear of the application. The Fairfax County Zoning Ordinance contains provisions, which limit, among other things the area, location, color, light, number, height, etc. of signs to be installed and displayed on properties located in this jurisdiction. A sign is defined in Part 3 of Article 20 of the Zoning Ordinance as: SIGN: Any writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant or any other device, figure or similar character which: Is used to announce, direct attention to, identify, advertise or otherwise make anything known, and Is visible from the public right-of-way or from adjoining property. Paragraph 3 of Article 12-102 states, in part: No sign, except for those signs listed in Sect. 103, shall be painted, constructed, erected, remodeled, relocated, or expanded until a sign permit for such sign has been obtained in accordance with the provisions of the Fairfax County Zoning Ordinance. N:IWPDOCSINOVINon-RupI2009-56435-3825-B-South George Mason Drive-Tafesse-Fassaha- C-6.doc Bizuwork Tafesse Ifiwot Fassaha Adamone Corporation December 8, 2009 Page 3 A follow-up inspection will be made at the expiration of the time period outlined in this Notice. Failure to comply with the Notice will result in the initiation of appropriate legal action to gain compliance with the Zoning Ordinance. You may have the right to appeal this Notice of Zoning Violation within thirty (30) days of the date of this letter in accordance with Sec. 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within such thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Part 3 of Article 18 of the Fairfax County Zoning Ordinance. Those provisions require the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party and any other information that you may wish to submit and a $2455.00 filing fee. Once an appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Should you have any questions or need additional information, please do not hesitate to contact me at (703)324-1319 or 703-324-1300. David Grigg Senior Zoning Inspector DBG/ N:IWPDOCSINOVINon-Rup12009-56435-3825-B-South George Mason Drive-Tafesse-Fassaha- C-6.doc ter •a• , • • •• PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION • a • ° ° ; ; FEE: $770.00 • Engines. Addren Sa5 J. .• 2at.n - . YI • Phone q,2 x„,7 ya, Man Name: 7.411 ./ A kl.FC Lei 7 Original Site Plan 41/0 14— SR of Tax Map # 6 2-3 (ad pm-eg $,4 ,3t Zoning: C - Rezoning Case a Prnffered Yu I ] No Proffered Use Restrictions (See Note below)• r).44/4 , • • • , Mr- tER/AIITNDB), .-- M .1a ca .i. il Z. r, I- 1e YiwR b Al 4 14 :g g 5 in 0 i ce al Li g a. 2 E 3 rEr I. 7,72 taae, a PPROV D towel-A 11 7 I "0 i a a ; MI Zi4ril-1 COU TYOF IRFAX 411ars I OF S E1.0 ENT meir n le I EM rh 6.0 Llr 7 IIWIPPelia WI i.4, l ex it; • i / IS 605)1 Lizilibelfillk...... -.—...-..._..-...im-AyM. ....SS cco a-A -4- • erlial7r . 3)0.1 NUMBER 0 AC ESMBLE SPAC S PROVIDED =TOTAL ACCESSIBLE PARKING SPACE(S) Off- 8 (The tow number ofpeking spaces, including aceusible parking spaces, available and useable for vehicular parking on the area covered by this site plan [See Note 6 below]) TOTAL PARKIN PROVIDED 3 11 List proffered use Prohibitions or Limitations. In building where one floor has more than one use (personal service; general office retail), use a separate line for each use. The uses must correspond to those identified in Article I I of the Zoning Ordinance, or else documentation of the Zoning Administretion detennination must be attached to the tabulation. Delta which are vacant shall be included, the intended use shall be indicated and Patting etiocattd. Developer should make an initial parking assignment for rani unit on the site phut If developer, condominium, association or landlord wishes to make changes to assigned number of spaces after final site plan boot release, a site plan revision for reallocation of parking will be required. This form, when properly completed and certified, is intended to be such a site plan revision. If ma is a Grandfithmed use, it may be calculated in previous code linking rate if so identified and lustifrnation is suborned with the Parking Wlwiations- Ctgtifketion is taken to mean that the number of parking spaces shown as being provided is actually available on the site and useable (not occupied or blocked by dumpsters, air conditioners, incinerators, storage [riders. etc.), that all win Doge the lave beg" included tithe Mote listing, and that the requisite number of spaces and signage for compliance with ADA are provided. The number of petting spots must be i corfonnarice with the associated rezoning, special exception. special Permit and variance- _ Codified Correce (Applicant) Engineer s Signature m • • - erg el • 13..4 Da Comity Approval by: Date: Property Owners, Landlords, Condominium Association - Concurrence ],Mii Tabulation - PertName, Title(Include company name when eltwolaint): Ct..5.5001 C449P44,-, ./954-r^i Cf,P Signature: Date: /7— 0 Submit to. Land Developilleatt Services,plan and Openintin Control, 12055 Government Center-Parkway, Suite 506 Fairfax, Virginia 22035-5503 Number of coin requi One (I) original will Engineer s Seal, Signature and Este, plus four (0) copies. REUSED FORM (7/21109) Shat t of k PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION -114 Engineer £GA coMFANIES, lore• Address. 7.Chrg? WICOWOn/ UR, Vfre.,5 lx,XTIEC .1\4 r/ A 2.07/-1- Phone . Z Plan Name. naULAMi. arid/41 - original Site Plan a. - S P n). Tax Map g - 6 .; ,,A.7:4tett ( Zoning: - Rezoning Case II- Pit Proffered ti Y es I I No Proffered Use Restrictions (See Note I below) ..2.1/4 r • • yi^; USE PERMITTED EY .2 M N I vs M -ig O 0 5 L ,.94 4 c40 U d 0 z et x ADDRESS I H E rigi . t it 5,i 6 i 01 i i 0 int rg. g l i a c 4 r g N A 5 3 °a rd,r; CO gl I ! i a g if CFR CC rent6) ^ 3t1 I b 5rani Cis tlacaprjreter- al,r1 1175 q4-0 +4 Amain, Perwx- SEE Aar V a 8 e" - "— 5" atnargo V g ^ I , 81 IzEal L / itat4:112 i 44 iZlic 5"; i g- . $er ft q Tsrzo ^ a 10 OMIT 3716,1 ar:CTIMft; I it•t -.et soar ii 10 Z3BAIWT ^ a Cl COMENE-21 Of tn4 UK SO •igiCts (Mama I tkey ^ iCDO te it a 38/6c, (17r" wi- ) 11 rain e FA .5: 1. henna- . ^ u 3XL7 A ( a I MC ) 1 10 REINL r-ies 51 1 1 Odd z. re-pw_ / 4 li A•311 A I 13 Mil - x CA C Enter Totals on Sheet I of 2. Number of copies required: On (1) original copy with Engineer s Seal and Signature, plus four (4) copies. Sheet 2 of • • • • I • • • • • •• • .cr • • PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION . • . • • 4 • Engineer: ttrAbiLetSy INT" . Addreu7 Ms . tA de _- ; - 6 Phone g: 7,0 I - 6 Tz 6 6-A Plan Name: _n I (4 7 original Site Plan treALifigli Tax Maps 42 Zoning ft • Rezoning Case J. ti • n-1,7 Proffered: VI Yes No Proffered Use R i - • • — — )Lat -- USE PERMITTED BY 1 M el Z i ..< M 0 1 d 8 1 , ADDRESS Q `">- 4 d c4 17... i sP rt) 1 g A• g 0 g H a ‘1 u 0, cis . w Pa gErzt ;Mom t4 5-‘ 1 /5" -let GO 40 te. 7Aa- -4NI 5: ) it ...., L . —41 . :.. . r . 5: / TAlLaa s) Sgy z 4,z Enter Totals on Sheet I of 2. Number of copies required: One (I) original copy with Engineers Seal and Signature, plus four (4) copies. m3..1 PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION V(.4 Engineer • • Add 1 4 r att. _•o as % Phone //: - tz—Z - 4,7 A7 Original Site Plan 11: ] .1] 4• •- /1_67 - Ph" Nal" ICON t Aff.PKI n I Tax Map ‘6201•,.e.14sro zoning: Rezoning Case It: 73 I o. 11. 077 Proffered es ] No Proffered Use ReinActions (See Note 1 lirlovA4S.,1/4 • USE . PERMITTED BY g ?) I. . 0 g , O g N ‘5,3 z g gg 1r . 0 - ADDRESS i Fd ot , z. 2 g d + . oR g 2 7i- s! , 04 b tal a N 0 /4 l4 0 7tC.. i ! i 2 g g 0 i g 4 U 8 I g§ .§ ia i o - g is. Fim ee . I h g 3 16 9 n. ,..„ , i . a AL-dtbiL Ce -1,oct, sopa ^ 1 cHo /7 /Neu II C FA 4,2_, es Illnarj, I/ ° " -4.-z AL-AHE. V --viox, ow MAIL et CI XIC A 4 0°raWregrY FA. 51 ... Saar ,„ 3 5- II i 4 i 1 1 I ( 011 4 Mr1" . 141. • b aa it / a 05966. / 14 or i l r (46Acimaro ) AEA 42 ( 34 Icoe M ACtleitA I/ co 1 f FA set% t 3 6/woo A 1 N. iivw / . C: _, ,0 6,FA i ,„2.. rAvAee.e- I Garr / woo . V II FA ) baStO 1 1444g a u I zi tog )/ 4 4: ; GP 4•S / yule\ -3 IDO, ,_ I, 33 ch1411- ^ Si y 471 eft (Ifdr,Fr) / 6 For 7 1 • Faster Totals on Sheet I Of 2. Number of copies required: One (I) original copy with Engineers Seal and Signature, plus four (4) copies. Sheet/Fon/ PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION ^ n • Engineer 664 to fifeddIPS 4110 • . Address: I 4 - -4" era,,.• La/. - • I/ 8 one 1-0 (- Co - 4 PI= Name:ROIL/3 4-19,C7 V"( 7 Original Site Plan //: 4 4 14._ 5 P_ of Tax Map La,— 3 ,ZiLr Zoning: c taming Case : ti - 077 Proffered Yes l ) No Proffered Use Restrictions (See Note I below) 117/x. USE PERMITTED BY 2 I 2h 7, u aa 2 ? . ! 7,5 09 a E w o° ^- 1, M ti ADDRESS -1 M te M erg en o r g Ea- g XI ! -g . ... 9 2 g E 1 L4 i rs r a h, Z g. 5 g e SI w g Oi- 8 g § ,02 m ....., a a 8 0 18 5 g ,Di.z. PE .6/ woo Iti..,MMIIMINI I+ OFFee Vt 1175 q-to aF4 -4,t SCONE 4,5 10•0 a .-r V a ti ES Co FA 6-, / YO 4 le 30 4 Any I SC et 1 V FC Being. Abia- -1 / . ,lir° 3 7 CAFE I/ it ci i 4 (AA,/ 6 FA q I agocerl 1 " 4.yow 4 s g en-Au_ 1/ 14 g2r 1 A -TRAWL- GFAir C / " sa at. /WO c 1 3€7 ce-72111- ^ u a Kt 3 IC bate OW 6 FA 6-./1( 3/ • ., o (remq i ^ 4 2 g e -46 realt- GGA C I 2/11700 Cl II thdtg I +7 a V u 6 PA 5,1 etrukt4C 4 AV ,..- a et g24 1 4g .. V FA ‘7 - goo r i aeti-r/r +i malt_ ^ g te WI ) i FA ) 4 / Enter Totals on Sheet I of 2. Number of copies required: One (1) original copy with Engineers S al and Signature, plus four (4) copies. SlueiCorl PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION • Engifteer_6-afatigMliar/1\17. Ase.Y79)41 CsiDAIA/ R Ct-Xe INA Jill znfl4 Phone #: .i79.1, SIM Plan 14: • Ta MaP Plan NeMet skAt. Original . eez_zraf47^-fl -4--1/2 -- ProfRaTd: Yes [ ] No Po:offered Use Restrictions (See Note I below) pj Rezoning C :31-M1-0 — - --. USE 0 PERMMEDBY la -.3 6 16 H bi S. 4, r g . t a : F( i 1 f, Q . ADDRESS i 1.- < : : r ti og m 4 qL. i $ w- 2 1 I 14. 8 `0 0 10 - 0, N 1 ... ft g g,.2 : g nil LS Col Lt . 41,02° ( b Cetat ^ q--fo . , 1 17C 6 F A 4 -2/ 51 Or- ••• V 4 N C -I e• 4Auff PI IN ;3/402, 0 / 5.- tau- V 6 FA 5- 1 1 i 577 art / 4 3 iii C., px( cif 4 ..NIL p • A I 5-+ , 1 3 . 0 .6/10,0 I or- oFF/cc / q .2/ IL g 6" ( t PA 4 4 J6 OFR Cr v/ -4- 2. -1/1000 q I w e Or 1 I SI - Elnu66) I s- 7 gat-zwrz / coma/ rel -ArT ; II-J. zrA I itZ, -# - IAL-TAEMP-A WO i i u on Sheet I of 2. Number of copies required: One (I) original copy with Engineer s Seal and Signature, plus four (4) copies. Enter Totals Sheet‘ ofi f • • f • PROPOSED SITE PLAN USE AND PARKING TABULATION REVISION r r • - -17.1 Engineer. ^r A eot-iPAN(- Addrens7 a,. • zni InAto n • Phone I:SOL 62-2; Plan Name: -r )1/fl trial fv, 7 Original site Plan g: 46/4 — 5 P- ot T Kip #1.2.2.=SIZEULIF • Zoning: Rezoning Case :Bt -n- 012_ Proffered:yY [ I No Proffered Use Restrictions (See Note I below)4 • • PERMITTED BY O_ ADDRESS g o. o w M 0, a. > h 0 six (175 i -a 36 aex . Arla 4 I N 75:b . •-,v, • El 1111121zt AtAbisbV 1 tr, _., I 4, II/ ra eimmils toe:ric. , V 23116 a PlOran1 lAr# r V KRtI A (rove- ettrenmm 0 V :HI ecriaz- 7 II III ai I C SAIonl 4 -2 V Cr • .:-..• L.: III 111 I 34110:0 OFFICE v l• ,.: 1 itlS/NIESC FA t el 111111111111111SEE. .1 temsevcifo 444090 6 ar-e- / all( cAr-e) 1 3 Zgaft 4 6FA Enter Totals on Sheet 1 of 2. Number of copies required: One (I) original copy with Engineeds Seal and Signature, plus four (4) copies. Shod/ of/ ExisC WOMEN S• mDP AEI St ras Lon EXIET WALL To REMAIN EXISTINtS ,,,BOSTIN5 HINDOH KITOHEN TO HI TINTTINT, TO Be FtEMWEIS ICE rbin.1 REMAIN BALT -IN VIDERCONTER EX1511N9 WINDOW REFRSERATOR EXIST, TINT TO BE REMOVED PREP. 1COSAR SINK AREA VEST= \ FuIF—Its%NN:\ ‘‘‘. 28 4 aCQIPF OF WORK - INTERIOR COSMETIC ALTERATION Of EXISTING RESTAURANT SPACE. OWNER TO DECIDE PAINT COLOR - NO CHANGE OF USE. FLOOR PLAN - NO 5TRUCTUIRAL LUOIK TO DE INCLUDED_ SCALE: V4" • - NO INTERIOR DEMOLITION WORK - NO RELOCATION OF ELECTRIC, FAX DATA OUTLETS. LIGHT FIXTURES, MECHANICAL SUPPLY DIFFUSERS I RETURN REGISTERS. - NO PLUMBING WORK TO BE INCLUDED. EXISTING TOILET ROOMS TO REMAIN. - EXISTING ELECTRIC PANELS I SERVICE TO REMAIN WITH NEW LIGHT FIXTURES. - ALL EXISTING HVAC, OUTSIDE AIR INTAKE SYSTEMS. TOILET EXHAUST FANS I OTHER MAIN MECHANICAL SYSTEMS ARE TO REMAIN AS EXISTING I SHALL BE CHECKED FOR FUNCTIONAL OPERABILITY. ,,,evG 1 COSMETIC ALTERATION (NO STRUCTURAL WORK) SCALE: 1/4". V-0" ASI4, HAVEN LOUNGE. WS 1) SOIlTH CF(112C.F MAVW nithir Al FYANWIRIA. VA 97(141 DATE, 10/13/0E CI) K Appendix 7 County of Fairfax, Virginia To protect and enrich the quality of life for the people, neighborhoods and diverse communities of Fairfax County February 5, 2010 FAIRFAX COUNTY RECEIVED Bizuwork Tafesse Hiwot Fassaha FEB 1 2 MO 3825 D South George Mason Drive Falls Church, Virginia 22041 ZONING OF ADMINISTRATION RE: Use Determination Haven Lounge — "Hookah Bar" 3825 la South George Mason Drive Tax Map: 62-3 ((13)) 44 Zoning Dist: C-6 Dear Mr. Tafesse and Ms. Fassaha: This is in response to your undated determination request with an attached floor plan received on December 8, 2009. In your request, you describe the use primarily as a place where customers can socialize in a comfortable and relaxing environment while enjoying coffee and Hookah, which I understand is the smoking of tobacco through water pipes. Further, I understand that such uses are typically described as "hookah bars". Your description indicates that the hours of operation for the hookah bar would be from 11 a.m. to 2 a.m. and you would have two employees. Your request also indicates that hookah sales would provide sixty-five (65) percent of your business income. The hookah bar use is not specifically noted in the Zoning Ordinance, however, Par. 1 of Sect. 2-302 provides, in pertinent part, that in the event there is not a particular use listed in the Ordinance that corresponds with the use in question, then it shall be interpreted that the use in the Ordinance having the most similar characteristics as the use in question shall govern. I note that the dictionary definition of recreation as follows: refreshment in body or mind, as after work, by some form of play, amusement, or relaxation any form of play, amusement, or relaxation used for this purpose, as games, sports, or hobbies. Based on the description of your use, the hookah bar is therefore deemed to be a Commercial Recreation use, as it is a form of relaxation and amusement. A Commercial Recreation use is Group Five (5) Special Permit use, which is further defined into specific categories, such as pool and dance halls. The hookah bar is deemed to be most similar to indoor firing ranges, archery ranges, fencing and other similar indoor recreation uses. This commercial recreation use is Department of Planning and Zoning Zoning Administration Division 12055 Government Center Parkway, Suite 807 Fairfax, Virginia 22035-5505 Excellence Innovation Stewardship Phone 703-324-1374 FAX 703-803-6372 PLANNING Integrity Teamwork Public Service www.fairfaxcounty.gov/dpz/ •ZONING Mr. Tafesse and Ms. Fassaha February 5, 2010 Page 2 permitted in the C-6, Community Retail Commercial District, with approval of a special permit. I note that you were informed of this determination several weeks ago and again at a meeting held at our office on January 12, 2010. All special permit applications require the submission of an application form, plat, and fees, notification of adjacent property owners, and a public hearing before the Board of Zoning Appeals. Please contact the Zoning Evaluation Division for information and assistance with this application at (703) 324-1290. Should you have any further questions, please do not hesitate to contact me at 703-324-1314. Sincerely, _ j,ti,x7fede, azi4 M vis Stanfield Deputy Zoning Administrator for Appeals MS/ cc: Penelope A. Gross, Supervisor, Mason District Eileen M. McLane, Zoning Administrator Leslie B. Johnson, Senior Deputy Zoning Administrator Diane Johnson-Quinn, Deputy Zoning Administrator for Zoning Permit Review Branch Michael R. Congleton, Senior Deputy Zoning Administrator for Zoning Enforcement/Property Maintenance Appendix 8 ------11=111111111County of Fairfax, Virginia DATE: March 4, 2011 TO: Barbara Berlin, Director Zoning Evaluation Division De artment of Planning Zoning Ak"tttyaset1/4 FROM: Barbara A. yron, Dir ct r Office of Community Revitalization and Reinvestment SUBJECT: Haven Lounge — Comments on SP 2011-MA-006 The Office of Community Revitalization and Reinvestment (OCRR) has reviewed the above referenced Special Permit application marked "Accepted" by the Department of Planning and Zoning on January 26, 2011. The applicant is requesting a Special Permit to allow for the operation of a hookah bar / café at 3825D South George Mason Drive, within the Bailey s Crossroads Commercial Revitalization District. The hookah bar was previously in operation at this current location. The application does not proposed any changes to the exterior of the building. OCRR Comments: OCRR has no specific comments or objections regarding the proposed special permit request. However, the proposed use should confirm compliance with all applicable codes and regulations to ensure the safety and welfare of users and the adjacent businesses. CC: Susan C. Langdon, Chief, Special Permit and Variance Branch Brenda Cho, Staff Coordinator, DPZ/ZED OCRR File Office of Community Revitalization and Reinvestment 12055 Government Center Parkway, Suite 1048 Fairfax, VA 22035 703-324-9300, TTY 711 www.fcrevit.org Appendix 9 County of Fairfax, Virginia MEMORANDUM DATE: March 4, 2011 TO: Barbara Berlin, Director Zoning Evaluation Division Department of Planning and Zoning FROM: Angela Kadar Rodeheaver, Chief Site Analysis Section Department of Transportation FILE- 3-6 (SP 2011-MA-006) SUBJECT: Transportation Impact REFERENCE: SP 2011-MA-006; Bizuwork Tafesse and Hiwot Fesseha dba Haven Lounge Traffic Zone: 1420 Land Identification: 62-3 ((13)) 44 Transmitted herewith are the comments from the Department of Transportation with respect to the referenced application. These comments are based on the plat made available to this office dated April 1981. The applicants wish to have a hookah bar to serve coffee and Hookah (the smoking of tobacco through water pipes) from 11:00 a.m. to 2:00 a.m. The seating capacity is 50 and the number of employees is 3. This café is in a shopping center and this department has no transportation issues with this application. AKRJLA1-1/1ah Fairfax County Department of Transportation 4050 Legato Road, Suite 400 Fairfax, VA 22033-2895 Phone: (703) 877-5600 TTY: 711 Fax: (703) 877 5723 www.fairfaxeounty.gov/fcdot Appendix 10 County of Fairfax, Virginia MEMORANDUM February 18, 2011 TO: Ms. Brenda J. Cho, Planner II Department of Planning and Zoning, ZED FROM: Ineke Dickman, Urban Forester II Forest Conservation Branch, DPWES SUBJECT: 3825-D South George Mason Drive, SP 2011-MA-006, 004614-Z0NA-001-1 I have reviewed the above referenced SP request for a change in use. As no site work is proposed and the only change is an internal use of a unit in the building Urban Forest Management Division does not have any comments. Let me know if you have any questions. AID/ UFMID #: 158421 cc: RA File DPZ File Department of Public Works and Environmental Services Land Development Services, Urban Forest Management Division 12055 Government Center Parkway, Suite 518 Fairfax, Virginia 22035-5503 Phone 703-324-1770, TTY: 703-324-1877, Fax: 703-803-7769 www.fairfaxcounty.gov/dpwes Appendix 11 ZONING ORDINANCE PROVISIONS 8-006 General Standards In addition to the specific standards set forth hereinafter with regard to particular special permit uses, all special permit uses shall satisfy the following general standards: The proposed use at the specified location shall be in harmony with the adopted comprehensive plan. The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. The proposed use shall be such that it will be harmonious with and will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the adopted comprehensive plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or impair the value thereof. The proposed use shall be such that pedestrian and vehicular traffic associated with such use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood. In addition to the standards which may be set forth in this Article for a particular group or use, the BZA shall require landscaping and screening in accordance with the provisions of Article 13. Open space shall be provided in an amount equivalent to that specified for the zoning district in which the proposed use is located. Adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided. Parking and loading requirements shall be in accordance with the provisions of Article 11. Signs shall be regulated by the provisions of Article 12; however, the BZA, under the authority presented in Sect. 007 below, may impose more strict requirements for a given use than those set forth in this Ordinance. 8-503 Standards for all Group 5 Uses In addition to the general standards set forth in Sect. 006 above, all Group 5 special permit uses shall satisfy the following standards: All uses shall comply with the lot size and bulk regulations of the zoning district in which located, except as may be qualified below. All uses shall comply with the performance standards specified for the zoning district in which located, including the submission of a sports illumination plan as may be required by Part 9 of Article 14. No building designed primarily and specifically for such use shall be located within 100 feet of any adjoining property which is in an R district. Before establishment, all uses, including modifications or alterations to existing uses, shall be subject to the provisions of Article 17, Site Plans.