19890627 1989-29ORDINANCE NO. 1989- 29
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 RPD(p), RESIDENTIAL
PLANNED DEVELOPMENT (WITH PROFFERS) PROPERTY IDENTIFIED
AS CITY OF FAIRFAX TAX MAP PARCELS 57-4((2))-20 AND 21.
WHEREAS, the applicant has requested a change in the zonin
classification from R-2 to RPD(p) for the parcels described abovi
and more specifically described as follows:
Beginning at a point marking the intersection of the
southeasterly right-of-way line of Chain Bridge Road
(Route #123) and the southerly line of James Charnley;
thence departing from the road with the southerly lines
of Charnley S 66°24'03"E, 160.14 feet to a point marking
the southwesterly corner of Jones Jesper; thence with the
westerly line of Jesper N 27° 52' 21" E, 140.30 feet to
a point on the southerly line of a property of the City
of Fairfax; thence with the southerly line of the city
of Fairfax property S 75° 36' 46" E, 606.94 feet to a
point marking the northwesterly corner of lot 51, Fairfax
Towne Estates, Section 2; thence with the westerly line
of the said Section 2, S 15° 10' 10" W, 341.84 feet to a
point marking the northeasterly corner of John C. Wood,
Tr.; thence with the northerly boundary of John C. Wood,
Tr. to the property of Industrial Development Authority
of Fairfax County, and John C. Wood, Tr. N 74° 10' 05" W,
845.48 feet to a point on the aforementioned
southeasterly right-of-way line of Chain Bridge Road;
thence with the southeasterly right-of-way line of Chain
Bridge Road N 28° 21' 12" E, 216.08 feet to the point of
beginning, containing 5.69 acres of land.
Ail being more particularly described on a plat attache.
hereto and made part hereof; and
WHEREAS, a variance from City Code Section 26-148.22(b) it
necessary to accommodate the development proposed on the Genera]
Development Plan; and
WHEREAS, the City Council has carefully considered the
application, the recommendation of the Planning Commission and the
Staff, and the testimony received at public hearing; and
WHEREAS, the City Council has determined that the propose¢
rezoning is proper and in accordance with the Comprehensive Pla~
and the pertinent provisions contained in the Code of Virginia an(
the Code of the City of Fairfax, Virginia;
NOW, THEREFORE, BE IT ORDAINED that the above describe(
property be rezoned from R-2, Residential, to RPD(p), Residential
Planned Development with the proffers attached hereto and made part
hereof.
BE IT FURTHER ORDAINED that the General Development Plan dated
March 27, 1989, and Revised May 3, 1989, be approved.
BE IT STILL FURTHER ORDAINED that the requested variance fron
the provisions of City Code Section 26-148.22 be granted to permit
the development depicted on the General Development Plan referenced
above.
1989-29
-2
This Ordinance shall
adoption.
PLANNING COMMISSION HEARING:
CITY COUNCIL HEARING:
ADOPTED:
take effect immediately upon itt
June 12, 1989
June 27, 1989
June 27, 1989
.
ATTEST:
Cindy C~erk
I
1989-29
-3
May 5, 1989
Revised May 31, 1989
CARR PROPERTIES, INC.
REZONING CASE NO. Z-732-89-1 :
FRO~ CONDITIONS
Pursuant to Section 15.1-491(a) of the 1950 Code of Virginia, as amended,
and Section 26-6(b) of the Zoning Ordinance of the City of Fairfax, Virginia,
C.~RR PROPERTIES, INC., its successors or assigns, (hereinafter referred to as
"Applicant") agrees that the development of the property under consideration and
shown on City of Fairfax Tax Map 57'4-((2)).20 and 21 (hereinafter referred to as
the "Property-) will be in accordance with the following proffered conditions, if
and only if, Rezoning Case No. Z-732-89-1 is granted to the RPD Zoning District
in conformance with Applicant's General Development Plan showing twenty-two (22)
single family detached lots; said General Development Plan dated March 22, 1989
and last revised May 3, 1989. The Proffered conditions are:
1. The Property shall be developed in general conformance with the General
Development Plan dated March 22, 1989 and last revised May 3, 1989, prepared by
Dewberry and Davis; provided, however, that minor modifications shall be
permitted when necessitated by sound engineering or architectural practices.
2. The Applicant and/or Owner shall dedicate the property indicated on the
General Development Plan alonE Chain Bridge Road for its widening: which
dedication shall occur at the time of final site plan approval or earlier if
requested in writing by the City.
. 3. The Applicant and/or Owner shall provide street trees, an asphalt trail
and lighting standards along its Chain Bridge Road frontage in accordance with
City standards as adopted from the Rhodeside study.
&. The Applicant and/or Owner shall provide a one time contribution of
$1,000.00 per zoned lot toward the cost of planned public improvements alonE its
Chain Bridge Road frontage; said contribution to be made at the time construction
contracts are awarded by the City and/or State. If the planned improvements are
not initiated by the City and/or State within five years from the date of zoning
approval by the City Council, the Applicant shall not be responsible for said
contribution.
5. The Applicant and/or Owner shall provide a 30 foot pavement section face
of curb to face of curb with sidewalks on both sides for all private accessways
as shown on the General Development Plan. All private accessways shall be
1989-29
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constructed (subgrade and pavement thickness) to local street standards as
specified in Section 21-8 (b) (2) of the City Code.
6. The Applicant and/or Owner shall notify prospective purchasers in sales
literature and purchasers in ~riting at settlement of the homeowner,s
responsibility for maintenance of common areas including the private accessways.
7. The Applicant and/or Owner agree that it will not apply to the Board of
Zoning Appeals or other public authorities for variances or waivers from these
proffers, except as provided pursuant to Section 26-6(g) of the City Code.
WITNESS the following signatures as of the 31st day of May, 1989.
CARR PROPERTIES, INC.
- ~ ..... *= , resident
063/054
INOVA SERVICES, INC.
ESTATE OF JONEs D. JASPER