19860325 1986-08 CITY COUNCIL
CITY OF FAIRFAX
ORDINANCE No. 1986 - 8
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX
BY AMENDING THE ZONING MAP TO RECLASSIFY FROM RT-6 (TOWNHOUSE) WITH PROFFERS
TO RT-6 (TOWNHOUSE) WITH PROFFERS, AS AMENDED, PROPERTY LOCATED AT 3280 OLD
LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-(8)-6.
WHEREAS, Fulton R. Gordon, III, Trustee, has submitted application No.
Z-705-86-3 requesting a rezoning from RT-6 with proffers to RT-6 with proffers,
as amended, for a parcel of land consisting of 4.2797 acres located at 3280 Old
Lee Highway, south of the Accotink Creek; and
WHEREAS, the City Council has carefully considered the recommendation of
the Planning Commission and staff and the testimony received at public hearing;
and
WHEREAS, the City Council has determined that the proposed 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 25 day of ~1a~ch , 1986 that application NO. Z-705-86-3, together
~ith the proffers submitted to 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 440v 51' 30" W 520.21 feet and N 59o 51' 30" W
166.88 feet to a point marking the intersection of the said
northerly right-of-way of Ridge Avenue with the easterly right-
of-way Park Street, undeveloped, 50 feet wide; thence, l~aving
the said Ridge Avenue and with the said Park Street N 09v 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 80o 02' 00" E 67.00 feet to a point marking a south-
westerly corner of Parcel A,oSection 2, East Fairfax Park; thence,
with the said Parcel A, S 60 09' 10" E 49.98 feet, S 550 31'
20" E 52.29 feet, S 450 32' 50" E 279.21 feet, S 560 00' 10" E
123.52 feet, S 61o 01' 30" E 138.08 feet and S 58o 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 26o 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.
1986 -8
Attachment 4, B
-2-
BE IT FURTHER ORDAINED that the above described property be and hereby is,
rezoned from the RT-6 with proffers to the RT-6 zoning district, 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 Fairfax Oaks dated
September 9, 1985 and revised February 5, 1986 prepared by Harold A. Logan and
Associates, P.C., which plan is proffered.
2. The maximum number of units will not exceed 15 units and the use of
the units and subject property shall be exclusively 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 15 dwelling units shall have two car garages, which shall
not be converted to 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 regular 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 surrounding property.
The Architectural Committee of the homeowners association, in its
discretion, may adopt and promulgate reasonable 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 Route 237 as shown on the illustrative Development
Plan (including the right turn only lane for southbound traffic turning into
the subject property) shall be constructed by the applicant.
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 dedicated to the City of Fairfax, Virginia. If the City of
Fairfax, Virginia, chooses not to accept this dedication, it shall be conveyed
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 September 9, 1985 and revised February 5, 1986.
1986-8
Attachment 4, C
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".
10. 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
~irected 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 applicant, 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: March 25, 1986
>ublic hearing before Planning Commission: February 25, 1986
Public hearing before City Council: March 25, 1986
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