19930727 1993-33ORDINANCE NO. 1993-33
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF
FAIRFAX, VIRGINIA TO RECLASSIFY FROM RPD(P) (RESIDENTIAL
PLANNED DEVELOPMENT WITH PROFFERS) TO PD(P) (PLANNED
DEVELOPMENT WITH PROFFERS) THE PROPERTY IDENTIFIED AS TAX
MAP PARCELS 57-4-((2))-20 AND 21 AND TO RECLASSIFY FROM PD(P) TO
PD(P) AMENDED FOR THE PROPERTY IDENTIFIED AS TAX MAP PARCELS
57-4-((2))-13C(PART) AND 13D.
WHEREAS, NationsBank of Virginia, N.A., by AMRESCO Institutional,
Inc., by Barry H. Schwartz, authorized representative, submitted application Z-
749-92-3 requesting a change in the zoning classification from RPD(p) to PD(p)
for the parcels identified above, and from PD(p) to PD(p) amended for the
parcels also identified above, and more specifically described as follows:
Beginning at a point on the southeasterly line of Chain Bridge Road
(Route 123) marking the northwesterly comer of Fairfax Hospital
Association; thence running with the southeasterly line of Chain Bridge
Road the following courses: N28°30'47"E, 394.96 feet; N74°10'05"W, 4.26
feet and N28°21'12"E, 216.08 feet to a point on the southerly line of James
Chamley; Thence departing from the road with the southerly and easterly
lines of Charnely S66°24'03"E, 160.03 feet and N27°53'44"E, 140.61 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 S75°35'03"E, 606.92 feet to
a point marking the northwesterly comer of Lot 51, Fairfax Towne Estates,
Section 2; thence with the westerly lines of the said Section 2 the following
courses: S15°10'10"W, 341.84 feet; S36°40'50"E, 81.42 feet; S44°35'50"E,
178.41 feet; S16°40'40"W, 133.10 feet; with a curve to the left whose radius
is 425.00 feet and whose chord is S78°39'40"E, 79.09 feet, an arc distance of
79.20 feet and S06°00'00"W, 150.72 feet to a point on the northerly line of
School Street; thence running with the northerly lines of School Street the
following courses: S80°21'53"W, 14.53 feet; S09°38'07"E, 10.00 feet and
S80°46'55"W, 449.89 feet to a point thence running with the northerly line
of School Street and continuing with the easterly and northerly lines of the
aforementioned Fairfax Hospital Association the following courses:
N09°22'59"W, 513.53 feet; N74°10'04"W, 224.20 feet; S29°13'56"W, 153.79
feet and N87°05'51"W, 364.56 feet to the point of beginning, containing
14.97 acres of land; and
WHEREAS, the City Council has carefully considered the application, 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 proper and in accordance with the Comprehensive Plan as well as the
pertinent provisions set forth in the Code of Virginia and the Code of the City of
Fairfax;
NOW THEREFORE BE IT ORDAINED, that the above described property
be rezoned as described above and the general development/preliminary site
plan labeled plan option "A" be approved subject to the following reasonable
conditions authorized by City Code Section 26-143, which are proffered by the
property owner:
1993-33
1. The general character of the development of the Property shall be in
substantial conformance with the following conceptual drawings and
photocopies submitted by the Applicant. The final designs shall be
submitted with the final site plans:
a. "Crestmont Building Elevations" dated February 25, 1993, prepared by
Art Landerman Illustration.
b. "Crestmont Streetscape" dated February 25, 1993, prepared by Art
Landerman Illustration.
c. "Crestmont Site Amenities," dated February 25, 1993, prepared by the
Land Planning and Design Group.
d. "The Route 123 Streetscape," dated April 30, 1993, prepared by Art
Landerman Illustration.
2. The Applicant and/or Owner shall dedicate right-of-way along Chain
Bridge Road in conformance with the dedication plat prepared by David
Volkert & Associates, Inc., dated February 4, 1992, attached hereto a
Exhibit "A." 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 dedicate to the City of Fairfax for use
as a public street the strip of land shown on the GDP/?reliminary Site
Plan as "Dedicated for Public Use." Dedication shall occur at time of final
site plan approval. The deed of dedication shall be subject to an automatic
reversion of title to the land to the future homeowners association if a
public street is not constructed within the right-of-way within five (5)
years from the time of dedication or if any portion of the strip of land is
not needed for public use. The dedicated strip shall be cleared consistent
with future street alignment; prepared as a grass strip with a multi-
purpose trail base along it; and with trees planted along the future right-
of-way in the tree belt area. The dedication shall also be subject to a
landscaping/lawn maintenance easement (lawn mowing and removal of
dead vegetation) running to the benefit of the future homeowners
association subject to City approval. The easement will convey the
authority but not the responsibility to maintain the dedicated area.
4. The Applicant and/or Owner shall notify prospective purchasers in sales
literature and illustrative materials and in writing at settlement that the 70
foot wide area dedicated for public use is owned by the City of Fairfax for
future use as a public street.
5. Applicant will disclose to all prospective purchasers that all streets and
sidewalks are private and the responsibility for maintenance of all
common areas including said streets, sidewalks and trash removal belongs
to all homeowners; the language of said disclosure to be reviewed and
approved by the City Zoning Administrator prior to its dissemination to
prospective purchasers.
6. Upon the request of the City and subject to conditions contained herein,
the Applicant shall contribute to or relocate the overhead utilities
underground (the "Undergrounding") including electrical power, cable
television and telephone which currently existing along the subject
property's frontage of Chain Bridge Road. The Applicant shall only be
required to contribute to or Underground such utilities as part of a
comprehensive undergrounding project along South Chain Bridge Road
corridor which will cause substantial elimination of the poles and
transformers along the subject property's Chain Bridge Road frontage
("Comprehensive Undergrounding Project"). The Applicant shall also
contribute to or provide street trees and lighting standards along the
Chain Bridge Road frontage ("Frontage Amenity Improvements") in
accordance with City standards set forth in the Chain Bridge Road and
1993-33 -3
o
University Drive Landscape Program prepared by Rhodeside & Harwell,
Inc. However, in no event shall the Applicant expend more than One
Hundred Sixty-two Thousand ($162,000) for the Undergrounding and
Frontage Amenity Improvements set forth in this proffer. If, after
installation of the Frontage Amenity Improvements, there are insufficient
funds to complete the Undergrounding, the Applicant shall request the
City to provide the shortfall for the Undergrounding (the "Request"). In
the event the City does not fund the shortfall within two (2) years from
City Council approval of this zoning map amendment and/or a
Comprehensive Undergrounding Project is not initiated within this two
(2) year period, then the Applicant shall be relieved of any obligations to
contribute to or Underground the existing facilities as set forth in this
proffer.
At time of final site plan approval, the Applicant and/or Owner shall
provide all necessary funds to the City in an amount, as determined by the
Department of Public Works, for installation of an additional traffic signal
head and switch device on the existing signal at the intersection of Chain
Bridge Road and West Drive.
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.
BE 1T FURTHER ORDAINED, that the above conditions, application
package and general development/preliminary site plan be approved, and that
waivers be granted from §21-7(q) to permit pipestem lots, and from §21-8(d) to
permit construction of a sidewalk on only one side of the street, and from §26-
141(e)(2) to permit construction without a commercial component, and that a
variance be granted from §26-141(b) to permit less than the required 20 feet of
open space around the external walls of any structure.
The Zoning Administrator of the City is hereby directed to modify the Zoning
map to show the changes 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, and to
the Planning Commission of this City as soon as possible.
This ordinance shall be effective as provided by law.
Planning Commission Hearing: [uly 12, 1993
City Council Hearing: July 27, 1993
Adopted: July 27, 1993
ATTEST:
C'ty Clerk
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