19890328 1989-11ORDINANCE NO. 1989-11
AN ORDINANCE TO INCORPORATE SECTION 26-104, ENTITLED CLUSTER
SUBDIVISION PROVISIONS, INTO THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA AND TO AMEND SECTIONS 26-106, 26-108, 26-110, 26-112, 26-114,
AND 26-116.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that the City
Code is amended to incorporate the following:
"SECTION 26-104. CLUSTER SUBDIVISION PROVISIONS.
(a) Cluster Provisions--Established.
The cluster subdivision alternative may be permitted in the R-l, R-2 and R-3 zoning
districts with a special use permit granted by City Council pursuant to Sec. 26-103
upon determination that, in addition to the standards contained therein, such
development will be in accordance with the adopted Comprehensive Plan and
compatible with the established character of the area, and that the physical
characteristics of the site are such that cluster development will produce a more
efficient and practicable development and promote the preservation of natural features
or provide usable open space.
(b) Preliminary submission.
A potential applicant who wishes to apply for a special use permit to allow a cluster
subdivision shall, in advance of filing an official application, submit a conceptual plan
to the Director of Community Development and Planning (the Director) for review and
determination as to whether the proposed subdivision is suitable for cluster
development. In making that determination, the Director shall consider the factors
specified in (a) above. Said plan shall show any floodplain area, topography,
proposed location of buildings, proposed layout of lots, streets and open space, and
the location and nature of proposed recreation areas.
(c) Official submission.
In addition to the general filing and procedural requirements for all special use permits,
the applicant shall submit a preliminary subdivision plat for the proposed development.
Said plat shall be reviewed by the Planning Commission which shall prepare a
recommendation for City Council consideration. The City Council may approve,
approve with modifications or disapprove said plat based on its relationship to the
standards and requirements contained in this chapter.
(d) Density.
The number of units in a cluster subdivision shall not exceed the number that would be
obtained by dividing the gross tract area by the average lot size required for a
conventional subdivision in the zoning district in which the cluster subdivision is to be
located. Other applicable regulations or use limitations for the zoning district may not
be modified or changed except as specifically stated in this article.
(e) Design.
Diversity and originality in lot layout and individual building design shall be
encouraged to achieve the best possible relationship between development and the
land. To maximize design flexibility, the Planning Commission may recommend, and
the City Council may take action to waive or modify the requirements contained in
Chapter 21 prohibiting pipestem lots and prescribing lot design in subdivisions.
(f) Standards.
In addition to the criteria for special use permit approval specified in Sec. 26-103, the
following standards and requirements shall apply to each cluster subdivision:
(1) The usability and appropriateness of cluster open space intended for
common or public use shall be determined by the location, size, shape and topography
of the area and the nature of proposed improvements.
(2) Cluster open space shall include irreplaceable natural features located on
the tract (including but not lhnited to sn'eam beds, significant stands of trees and
individual trees of significant size).
1989-11 -2
(3) On-site paths shall be provided in accord with the City's existing and
proposed bikeway and pedestrian systems."
BE IT FURTHER ORDAINED that Section 26-106 is amended to read in its entirety
as follows:
"Sec. 26-106. Same-With special use permit.
The following uses may be permitted subject to securing a special use permit
as provided in Division 13 of Article II:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
Churches;
Governmental use;
Golf courses;
Plant nurseries;
Hospitals for treatment of human beings;
Nursing homes;
Electric transformers and substations;
Telephone repeater stations;
Clubhouses and grounds not conducted for gain, including swimming pools;
Schools of general instruction and nursery schools complying with the
provisions of Division 9 of Article II;
Lodge halls;
Major home occupations;
Private tennis courts;
Cluster subdivisions."
BE IT STILL FURTHER ORDAINED that Section 26-108 is amended to read in its
entirety as follows:
"Sec. 26-108. Height, area, setbacks and lot width.
(a)
(b)
Maximum height: not to exceed three (3) stories.
Lot area:
Conventional:
(1) Minimum lot area: twenty thousand (20,000) square feet (one single-
family dwelling and accessory buildings may be erected on any lot of record
prior to December 7, 1960 which contains at least seven thousand five hundred
(7,500) square feet of area. Side setback on such lots may be reduced to not
less than twelve (12) feet;
(2) Average lot area: twenty-one thousand seven hundred eighty (21,780)
square feet.
Cluster Subdivision:
(1) Minimum lot area: Fourteen thousand (14,000) square feet
(2) Average lot area: No requirement
(c) Building restriction line (brl):
Conventional:
(1) Front: Fifty-foot setback; except that on a street which has a right-of-way
of less than fifty (50) feet the brl shall be seventy-five (75) feet from the
established center line:
(2) On comer lots, the brl shall apply to all streets and the side setback shall be
applied to the remaining property line(s).
Cluster Subdivision:
(1) Front: Thirty-five (35) feet;
(2) On comer lots, the bt shall apply to all streets and the side setback shall be
applied to the remaining property line(s).
1989-11 -3
(d) Setbacks
Conventional:
(1) Side: Fifteen (15) feet;
(2) Rear: Twenty-five (25) feet;
(3) Detached accessory building or structure may have a minimum setback of
five (5) feet from the side and rear property lines, provided that said detached
structure is at least seven (7) feet away from any adjoining structure.
Cluster Subdivision:
(1) Side: Ten (10) feet, provided that the sum of the two side setbacks of a
cluster lot shall be at least twenty-five (25) feet;
(2) Rear: Twenty-five (25) feet;
(3) Where a cluster subdivision abuts a conventional R-l, R-2 or R-3
subdivision, a twenty-five (25) foot minimum setback shall be provided
adjacent to said conventional subdivision boundary.
(e) Lot width: Minimum lot width at the bd:
Conventional:
(1) Interior lot:
(2) Comer lot:
One hundred (100) feet;
One hundred twenty-five (125) feet.
Cluster Subdivision:
(1) Interior lot: no requirement
(2) Comer lot: Ninety (90) feet
(f) Open Space:
Conventional: None
Cluster Subdivision: A minimum of twenty (20) percent of the gross tract area
shall be common or public open space."
BE IT STILL FURTHER ORDAINED that Section 26-110 is amended to read in its
entirety as follows:
"Sec. 26-110. Same-With special use permit.
The following uses may be permitted subject to securing a special use permit as
provided in Division 13 of Article II:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(o)
Churches;
Governmental use;
Golf courses;
Plant nurseries;
Hospitals for treatment of human beings;
Nursing homes;
Electric transformers and substations;
Telephone repeater stations;
Clubhouses and grounds not conducted for gain, including swimming pools;
Schools for general instruction and nursery schools complying with the
provisions of Division 9 of Article II;
Lodge halls;
Major home occupations;
Private tennis courts;
Tourist homes;
Cluster subdivisions.
BE IT STILL FURTHER ORDAINED that Section 26-112 is amended to read in its
entirety as follows:
"Sec. 26-112. Height, area, setbacks and lot width.
1989-11 -4
(a) Maximum height: Not to exceed three (3) stories.
(b) Lot area:
Conventional
(1) Minimum lot area: Twelve thousand five hundred (12,500) square feet
(one single-family dwelling and accessory buildings may be erected on any lot
of record prior to December 7, 1960 which contains at least seven thousand
five hundred (7,500) square feet of area. Side setback on such lots may be
reduced to not less than twelve (12) feet;
(2) Average lot area: Fifteen thousand (15,000) square feet.
Cluster Subdivision:
(1) Minimum lot area: Ten thousand five hundred (10,500) square feet.
(2) Average lot area: No requirement.
(c) Building restriction line (brl);
Conventional:
(1) Front: Thirty-five-foot setback; except that on a street which has a right-
of-way of less than fifty (50) feet the bfl shall be sixty (60) feet from the
established center line;
(2) On comer lots, the brl shall apply to all streets and the side setback shall be
applied to the remaining property line(s).
Cluster Subdivision
(1) Front: Twenty-five (25) feet;
(2) On comer lots, the brl shall apply to all streets and the side setback shall be
applied to the remaining property line(s).
(d) Setbacks:
Conventional:
(1) Side: Fifteen (15) feet;
(2) Rear: Twenty-five (25) feet;
(3) Detached accessory building or structure may have a minimum setback of
five (5) feet from the side and rear property lines; provided, that said detached
structure is at least seven (7) feet away from any adjoining structure.
Cluster Subdivision:
(1) Side: Eight (8) feet, provided that the sum of the two side setbacks of a
cluster lot shall be at least twenty (20) feet.
(2) Rear: Twenty-five (25) feet.
(3) Where a cluster subdivision abuts a conventional R-I, R-2 or R-3
subdivision, a twenty-five (25) foot minimum setback shall be provided
adjacent to said conventional subdivision boundary.
(e) Lot width: Minimum lot width at brl;
Conventional:
(1) Interior lot: Ninety (90) feet (twenty (20) percent of lots in recorded
subdivisions may be five (5) feet narrower than minimum);
(2) Comer lot: one hundred fifteen (115) feet.
Cluster Subdivision:
(1) Interior Lot: No requirement
(2) Comer Lot: Ninety (90) feet
(f) Open space:
Conventional: None
Cluster Subdivision: A minimum of fifteen (15) percent of the gross tract area
shall be common or public open space."
1989-11 -5
BE IT STILL FURTHER ORDAINED that Section 26-114 is amended to read in its
entirety as follows:
"Sec. 26-114. Same-with special use permit.
The following uses may be permitted subject to securing a special use permit as
provided in Division 13 of Article II:
(a) Churches;
(b) Governmental use;
(c) Golf courses;
(d) Plant nurseries;
(e) Hospitals for treatment of human beings;
(f) Nursing homes;
(g) Electric transformers and substations;
(h) Telephone repeater stations;
(i) Clubhouses and grounds not conducted for gain, including swimming pools;
(j) Schools of general instruction and nursery schools complying with the
provisions of Division 9 of Article II;
(k) Lodge halls;
(1) Major home occupations;
(m) Private tennis courts;
(n) Tourist homes;
(o) Rooming houses;
(p) Eleemosynary institutions, subject to the following conditions;
(1) Minimum lot area: Thirty-four thousand (34,000) square feet;
(2) No encroachment into front, side and rear yard setbacks with any parking
or structures;
(3) Maximum number of parking spaces permitted shall be no more than ten
(10), and all parking shall be provided off-street and shall be screened in such
a manner as to be unobtrusive to adjacent uses;
(4) The site shall have a common boundary on at least one side by commercial
or industrial zoning;
(q) Cluster subdivisions."
BE IT STILL FURTHER ORDAINED that Section 26-116 is amended to read in its
entirety as follows:
"Sec. 26-116. Height, area, setback and lot width.
(a) Maximum height: Building height shall not exceed three (3) stories or thirty-five
(35) feet measured on all exposed external walls; any basement that has any wall three
(3) feet above the ground shall be counted as a story.
(b) Lot area:
Conventional:
(1) Minimum lot area: Ninety-five hundred (9,500) square feet (one single-
family dwelling and accessory buildings may be erected on any lot of record
prior to December 7, 1960 which contains at least seven thousand five hundred
(7,500) square feet of area. Side setback on such lots may be reduced to not
less than twelve (12) feet;
(2) Average lot area: Ten thousand five hundred (10,500) square feet; use of
out lots shall not be allowed in computing average lot size.
Cluster Subdivision:
(1) Minimum Lot Area: Seven thousand five hundred (7,500) square
feet.
(2) Average Lot Area: No requirement
(c) Building restriction line (brl);
1989-11 -6
Conventional:
(1) Front: Twenty-five-foot setback; except that on a street which has a right-
of-way of less than fifty (50) feet from the established center line;
(2) On comer lots, the brl shall apply to all streets and the side setback shall be
applied to the remaining property line(s).
(d)
Cluster Subdivision:
(1) Front: Eighteen (18) feet;
(2) On comer lots, the brl shall apply to all streets and the side setback shall be
applied to the remaining property line(s).
Setbacks:
Conventional:
(1) Side: Twelve (12) feet;
(2) Rear: Twenty-five (25) feet.
(3) Detached accessory building or structure may have a minimum setback of
five (5) feet from the side and rear property lines; provided, that said detached
structure is at least seven (7) feet away from any adjoining structure.
Cluster Subdivision:
(1) Side: Eight (8) feet.
(2) Rear: Twenty-five (25) feet.
(3) W'hem a cluster subdivision abuts a conventional R-l, R-2 or
R-3 subdivision, a twenty-five (25) foot minimum setback shall be provided
adjacent to said conventional subdivision boundary.
(e) Lot Width: Minimum lot width at brl:
Conventional:
(1) Interior lot:
(2) Comer lot:
Seventy (70) feet;
Ninety-five (95) feet.
Cluster Subdivision:
(1) Interior Lot: No requirement
(2) Comer Lot: Seventy (70) feet.
(f) Open space:
Conventional: None
Cluster Subdivision: A minimum of fifteen (15) percent of the gross tract area
must be common or public open space."
This Ordinance shall be effective immediately upon its adoption.
HEARING BEFORE THE PLANNING COMMISSION: February 27, 1989
HEARING BEFORETHE CITY COUNCIL: March 28, 1989
ADOS: March 28,
ATYEST:
1989 ~