19950711 1995-18ORDINANCE NO. 1995-18
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF
FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-l, RESIDENTIAL, TO
PD(p), PLANNED DEVELOPMENT (WITH PROFFERS), "THE
PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL
58-1-((2))-22.
WHEREAS, Van Metre Homes, Inc., by Martin D. Walsh, Agent and
Attorney-in-Fact, submitted application No. Z-760-94-1 requesting a
change in the zoning classification from R-1 to PD(p) for the parcel
identified above, and more specifically described as follows:
Beginning at an iron pipe found on the westerly right of way line
of Pickett Road Route #237, said point being the northeasterly
corner of The Church of the Apostles (Deed Book 3570 Page 335)
and the southeasterly corner of W & N Company, thence with the
line of The Church of the Apostles and leaving the right of way,
North 69053'44'' West 371.83 feet to an iron pipe found on the
easterly line of the Army Navy Country Club, thence with the
line of the Army Navy Country Club the following (2) courses
and distances;
2. North 12055'2'' East 517.62 feet to an iron pipe found, thence
o
South 80049'44'' East 430.92 feet to an iron pipe found on the
aforementioned westerly right of way line of Pickett Road,
thence with said right of way line
o
595.45 feet along the arc of a curve deflecting to the right
having a radius of 34,331.47 feet and chord bearing of South
18°48'37'' West 595.44 feet to the point of beginning containing
222,474 square feet or 5.10730 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 with the pertinent provisions set forth in the Code of Virginia
and the Code of the City of Fairfax, Virginia;
NOW, THEREFORE BE IT ORDAINED, that the above described
property be rezoned from R-l, Residential to PD(p), Planned
Development with proffers.
BE IT FURTHER ORDAINED, that the above described property be
subject to the following reasonable conditions authorized by City Code
Section 26-6, which are proffered by the property owners:
1. The general character of the development of the Property
shall be in substantial conformance with the General
Development Plan/Preliminary Site Plan (GDP/PSP) entitled
"Barrister's Keepe", dated November 23, 1994, with final
revision June 19, 1995, including the "Note and Typical
Building", dated May 16, 1995, with final revision June 19, 1995,
1995-18 -2
prepared by BC Consultants, and the Barrister's Keepe "Building
Elevations" prepared by Lessard Arcitects, dated June 19, 1995.
2. The Applicant and/or Owner shall, at its sole expense,
landscape the development in substantial accordance with the
Landscape Plan dated November 23, 1994, with final revision
June 15, 1995, subject to Board of Architectural Review approval,
prior to the issuance of the last Certificate of Occupancy. The
Applicant and/or Owner shall, prior to final bond release,
construct an entry sign in substantial conformance with the
Barrister's Keepe "Entry Sign" prepared by BC Consultants,
subject to Board of Architectural Review approval.
3. The Applicant and/or Owner shall, at its sole expense, mark
individual trees shown on the Tree Preservation and
Supplemental Planting Plan dated June 9, 1995, for preservation
prior to commencement of clearing and grading and at all times
during construction. Clearing limits around such trees shall be
marked on the ground with filter fabric or equivalent
demarcation prior to clearing and grading and at all times during
construction. Prior to issuance of the 30th occupancy permit, the
Applicant and/or Owner shall, at its own expense, install
supplemental planting as shown on the Tree Preservation and
Supplemental Planting Plan dated June 9, 1995, on the Army-
Navy Country Club property, Tax Map Parcel 58-1-((2))-5, subject
to the review and approval of Army-Navy Country Club and
Board of Architectural Review review and approval.
Should any existing individual tree shown on the Tree
Preservation and Supplemental Planting Plan not survive the
two-year warranty period, the Applicant and/or Owner shall
replace such tree with one tree of the same species with a caliper
of not less than three and one-half (3 1/2") except that the
Applicant and/or Owner may substitute trees of different species
with the advice and consent of the Zoning Administrator.
4. The Applicant and/or Owner shall construct at its sole
expense a 24-foot pavement section face of curb to face of curb for
all private streets, with sidewalks as shown on the General
Development Plan/Preliminary Site Plan. All sidewalks and
private streets shall be constructed (subgrade and pavement
thickness) to local street standards as specified in Section 21-8 (b)
(2) of the City Code.
5. The Applicant and/or Owner shall notify all prospective
purchasers in sales literature and purchasers in writing at
settlement that the streets and sidewalks are private and that it
shall be the homeowner's association's responsibility for
maintenance of these and the common areas. This notification
shall be sent to the City Zoning Administrator and reviewed for
compliance with this proffer before such notifications are
disseminated to prospective purchasers.
6. The aggregate number of motor vehicles which may be
permanently parked or stored by the occupants of any dwelling
unit in the development shall not exceed two. No recreational
vehicles or boats shall be stored or parked anywhere within the
development.
1995-18
-3
7. The Applicant or his successors shall form a Homeowners
Association which shall enforce restrictive covenants for the
property which covenants shall include, but not be limited to,
the following:
A. No person will be allowed to remove, relocate or destroy
any tree designated to be preserved when such tree is located
on any private lot without approval of the Homeowners
Association.
B. No fencing or masonry walls shall be constructed on any
individual lots. However screen fences constructed as a part
of a deck shall be permitted. All community fences shall be
maintained in good repair by the Homeowners Association.
C. All accessory structures (such as decks and gazebos) must
be approved by the Homeowners Association of this
development prior to commencement of construction. The
nature and extent of such private site amenities are shown on
the General Development Plan/Preliminary Site Plan "Note
& Typical Building" submission as typical options. No
storage sheds shall be permitted in the development.
D. Sidewalk and street maintenance, including snow
plowing, as well as maintenance of grounds and landscaping
materials in both common areas and on private lots will be
provided by the Homeowners Association.
E. The aggregate number of motor vehicles which may be
permanently parked or stored by the occupants of any
dwelling unit in the development shall not exceed two. No
recreational vehicles or boats shall be stored or parked
anywhere within the development.
8. The Applicant and/or Owner shall install or cause to be
installed, at its sole expense, prior to the issuance of the first
occupancy permit for any of the houses located along the western
property boundary, a sewer line and associated easement to the
property line of Tax Map 58--((2))-21 ("Lot 21") so that the owners
of Lot 21 may extend this line for its use.
9. The Applicant and/or Owners, at its sole expense, shall install
prior to final bond release, a 6-foot-tall wood fence on its
property line adjacent to Lot 21, a decorative metal fence along
the Pickett Road frontage and a fence mutually acceptable to
Army-Navy Country Club and Applicant along its northern
property line adjacent to Lot 5 (Army Navy Country Club). The
decorative metal fence shall be in substantial conformance with
that illustrated on "Fence Details" dated June 15, 1995, prepared
by BC Consultants. The wood fence will be similar to that shown
on "Fence Details", but is subject to change. All fences shall be
subject to Board of Architectural Review approval. All
community fences shall be maintained in good repair by the
Homeowners' Association.
10. The Applicant and/or Owner shall use brick and brick skirts
on the facades of all units located along the Pickett Road
frontage. In addition, the Applicant shall construct chimneys
1995-18 -4
with brick and shall include brick skirts on the fronts on all
units. Brick facades shall be offered as an option on all units.
All residential units shall be constructed with dimensional
architectural roof shingles.
11. The Applicant and/or Owner agrees to inform purchasers of
the residential units that residents and their guests are
prohibited from parking on Lot 21, unless written agreement is
obtained from the owners of that property.
12. The Applicant and/or Owner shall utilize special paving
materials acceptable to the Director of Public Works, at the
Property's entrance circle.
13. The Applicant and/or Owner, at its sole expense and prior to
the issuance of the first occupancy permit, shall construct a
modified right hand turn lane into the Property from Pickett
Road as shown on the GDP/Preliminary Site Plan.
14. The Applicant and/or Owner, at its sole expense, shall
relocate underground the above-ground utilities along the
Pickett Road frontage of the Property. Undergrounding of
utilities shall be completed prior to the issuance of the first
occupancy permit for the development.
15. The Applicant and/or Owner, at its sole expense, shall install
acorn-style lights along the Pickett Road frontage of the Property,
in accordance with the City's Community Appearance Plan and
as noted on the GDP/PSP. Installation of the acorn style street
lights shall be completed prior to the issuance of the first
occupancy permit.
16. If requested by the City, the Applicant and/or Owner, at its
sole expense, shall construct, prior to the issuance of the first
occupancy permit, an eight-foot-wide bike/hike trail along the
Pickett Road frontage as noted on the GDP/PSP.
17. The Applicant and/or Owner, at its sole expense, shall
install, prior to the issuance of the first occupancy permit, a bus
stop shelter along Pickett Road as generally located on the
GDP/PSP, in conformance with the City's Community
Appearance Plan standards.
18. The Applicant and/or Owner shall install a residential
sprinkler system in each unit to the satisfaction of the Fire
Marshal; provided that the Applicant and/or Owner may, as an
alternative, provide other improvements to the residential units
recommended by the Fire Marshal that address the concerns
regarding fire suppression and emergency vehicle access within
the development. Any such measures shall also be subject to the
approval of the Director of Community Development and
Planning.
19. The Applicant and/or Owner shall not apply to the Board of
Zoning Appeals or other public authorities for variances or
waivers from these proffers except as provided in Section 26-6(g)
of the Zoning Ordinance of the City of Fairfax, Virginia.
1995-18 -5
BE IT FURTHER ORDAINED, that the above conditions, application
package and general development/preliminary site plan be approved,
and that waivers be granted from City Code §26-141(e)(2) to permit
construction without a commercial component and to §21-7(a) to
reduce the required 30 feet private accessway pavement width to a
minimum of 24 feet and to §21-8(d) to provide sidewalks in some
portions of the development on only one side of the street, and that
variances be granted, pursuant to §26-148, from §26-141(b) to permit less
than the required 20 feet of open space around the external walls of any
structure and from §26-141(d) to premit impervious surface coverage of
56.9% and from §26-141(g) to permit construction of a decorative fence
approximately fifteen (15) feet from the Pickett Road right-of-way.
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 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:
City Council hearing: July 11,
Adopted: July 11, 1995
-June 26.
1995
1995
ATTEST:
~Mayor
Date
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