19850226 1985-4ATTACHMENT 6
City Council
City of Fairfax
ORDINANCE No, 1985- 4
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE
CITY OF FAIRFAX BY AMENDING THE ZONING MAP. TO RECLASSIFY FROM
R-2 (RESIDENTIAL) TO RT-6 (TOWNHOUSE) WITH PROFFERS, PROPERTY
LOCATED AT 3280 OLD LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED
AS TAX MAP PARCEL 48-3-(8)-6.
WHEREAS, the Fairfax Circle Partnership has submitted app-
lication No. Z-642-79-2 requesting a rezoning from R-2 to RT-6
with proffers for a parcel of land consisting of 4.27 :acFes 1,o-
cated at 3280 Old Lee Highway, south of the Accotink Creek; and
WHEREAS, the City Council has carefully considered the rec-
ommendation of the Planning Commission and staff and the testi-
mony received at public hearing; and
WHEREAS, the City Council has determined that the proposed
rezoning is consistent with the future land use plan and will not
adversely affect the character of the area;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Fairfax on this the 26th day of February , 1985 that appli-
cation Z-642-79-2, together with the proffers submitted by the
City of Fairfax, be and hereby is approved for the aforesaid land
specifically described as follows:
Beginning at a point at the intersection of the
northwesterly, right-of-way of Old Lee Highway,
Route 237, variable width, with the northerly right-
of-way of Ridge Avenue, undeveloped, 50 foot wide;
thence, leaving the said Old Lee Highway and with the
said Ridge Avenue, N 440° 51' 30" W 520.21 feet and N
59° 51' 30" W 166.88 feet to a point marking the inter-
section of the said northerly right-of-way of Ridge
Avenue with the easterly right-of-way Park Street, un-
developed, 50 feet wide; thence, leaving the said Ridge
Avenue and with the said Park Street N 09° 58'00" E
231.55 feet to a point marking a southwesterly corner
of the now or formerly Parcelles property; then leaving
the said road and with the southerly property line of
the said Parcelles property S 80° 02' 00" E 67.00 feet
to a point marking a southwesterly corner of Parcel A,
Section 2, East Fairfax Park; thence, w~th the said Par-
cel A, S 680 09' 10" E 49.98 feet, S 55~ 31' 20" E 52.29
feet, S 45 32' 50" E 279.21 feet, S 56u 0~' 10" E 123.52
feet, S 610 01' 30" E 138.08 feet and S 58u 34' 20" E
138.21 feet to a point on the aforementioned northwesterly
side of Old Lee Highway; thence, leaving the said Parcel
A and with the said road with a curve to the right whose
radius is 1377.39 feet an arc distance of 95.47 feet, S
260 16' 15" W 31.26 feet and with a curve to the right
whose radius is 1389.39 feet an arc distance of 184.25
feet to the point of beginning and containing 4.2729 acres
of land.
1985-4
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ATTACHMENT 6
'Page2
BE IT FURTHER ORDAINED that the above described property
be and hereby is, rezoned from the R-2 to the RT-6 zoning dis-
trict, subject to the following reasonable conditions proffered
by the applicant and property owner:
1. The development of the subject property shall be in
substained accordance with the Illustrative Development Plan
entitled "East Fairfax Park" dated March 1982, revised February ll
1985 prepared by J. E. Rinker & Associates, P.C., which plan is
proffered.
2. The.maximum number of units will not exceed 19 units
and the use of the units and subject property shall be ex-
clusively for townhouse dwelling units with no use of the subject
property for any special use permit uses as allowed by Section
26-118 of the Zoning Ordinance of Fairfax City, Virginia.
3. All of the 19 dwelling units shall have two car garages,
which shall not be converted t.o any other use than that of storage
and parking of motor vehicles.
4.' The applicant shall form a homeowners association which
will enforce restrictive covenants for the property, including
the following:
A. No motor vehicles, boat, boat.trailers, house
trailer or any similar items shall be stored in or upon any
lot except that a private passenger type motor vehicle may be
stored in the garage.
B. No temporary building, trailer, garage, or building
in the course of construction or other temporary structure
shall be used, temporarily, or permanently, as a residence
on any lot.
C. No lumber, metals, bulk material, refuse or trash
shall be kept, stored or allowed to accumulate on any lot,
except building materials during the course of construction
of any approved structure. If trash or other refuse is to
be disposed of by being picked up and carried away on a reg-
ular and recurring basis, containers may be placed in the
open, on any.day that a pick-up is to be made, in such a
place so as to provide access to persons making such pick-up.
At all other times such containers shall be stored in such a
manner so that they cannot be seen from adjacent and surround.
ing property. The Architectural Committee of the homeowners
association, in its discretion, may adopt and promulgate rea-
sonable rules and regulations relating to the size, shape,
color and type of containers permitted and the manner of
storage of the same on the lots.
5. Improvements along RT. 237 as shown on the Illustrative
Development Plan' (including the right turn only lane for south-
bound traffic turning into the subject property) shall be con-
structed by the applicant.
1985-4
ATTACHMENT 6
Page 3
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6. Parcel A as shown on the Illustrative Development Plan
shall be dedicated to the City of Fairfax (such parcel being a
portion of the Accotink Creek) and further the residual land
which is not occupied by lots or required open space shall be ded-
icated to the City of Fairfax, Virginia. If the City of Fairfax,
Virginia, chooses not to accept this dedication, it shall be con-
veyed to a homeowners association for ownership and maintenance.
7. The applicant shall construct a driveway leading from
Ridge Avenue to the Whitman garage, a distance of approximately
130 feet. A berm shall be constructed in the existing Ridge
Avenue right-of-way to preclude entry at that location. Grading
and landscaping within the existing right-of-way and on the front
of the Whitman parcel shall be provided by the applicant as shown
on the Development Plan dated February 1985.
8. Applicant agrees that it, and its successor, will not
apply to the Board of Zoning Appeals or other public authorities
for variances or waivers from these Proffers.
9. The applicant agrees to construct to city standards the
6 foot trail shown on the plan designated "Proposed 6 foot bike
trail to be built by the City of Fairfax"
I0. The applicant shall plant six pine trees on the property
of Great Oaks Homeowners Association at the time of obtaining the
first building permit.
ll. The Homeowners Association shall maintain the 22 foot
section of Ridge Avenue until such time as it is accepted by the
City of Fairfax or the Virginia Department of Highways into their
systems.
These regulations shall apply to the subject property
as if the same were a part of the regulations provided
for the RT-6 zoning district and any person violating
such conditions shall be punished as provided in
Section 26-7 of the Zoning Ordinance.
BE iT STILL FURTHER ORDAINED that the Zoning Administrator
of the City is directed to modify the Zoning Map to show the
change in the zoning of these premises, including the existence
of the conditions, and that the clerk of the council is directed
to transmit duly certified copies of this ordinance to the appli-
cant, Zoning Administrator, Planning Commission, and Real Estate
Assessor of this City as soon as possible.
This ordinance shall take effect immediately upon its passage
by the City Council for the City of Fairfax, Virginia.
Adopted: Februar~ 26, 1985
1985-4
ATTACHMENT 6
Page 4
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Public hearing before Planning Commission:
Public hearing before City Council:
ATTEST:
_~' ~ January 28. 1985
February 26, 1985