19981222 1998-39 ORDINANCE NO..1998-39
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
"SCHOOL STREET WEST, PHASE I' FURTHER DESCRIBED AS CITY OF
FAIRFAX, TAX MAP PARCELS 57-3-((2))-47 THROUGH 60, PT. 60A, AND 61-63.
WHER]~AS, Stanley-Martin Homes, L.L.C., by Martin D. Walsh, Attorney-in-Fact,
submitted application No. Z-778-98-1 and V-1134-98-1 requesting a change in the zoning
classification from R-1 to PD(p), with waivers and variance, for the parcels identified
above, and more specifically described as follows:
Beginning at a point in the northerly right-of-way line of School Street (50'
R/W), said point also being the southwesterly comer of Lot 46, John W.
Rust's Subdivision; thence departing Lot 46 and running along and with the
line of said School Street,
North
Street
Rust's
85 Deg.47'29" West, 78.01 feet to a point; thence crossing School
and running along and with the westerly line of Lot 64, John W.
Subdivision,
South 04 Deg. 11'17" West, 297.41 feet to a point in the northerly line of the
land of Fairfax County Redevelopment And Housing Authority, said line
also being the City of Fairfax/Fairfax County boundary line (City/County
line); thence departing Lot 64 and running along and with the line of said
Fairfax County Redevelopment And Housing Authority and City/County
line,
North 66 Deg.33'43" West, 278.44 feet to a point; thence with the line of
Fairfax County Redevelopment And Housing Authority in part and
continuing with the line of Parcel 7A, the land of George Mason University
and said City/County line,
South 53 Deg. 10'17" West, 446.41 feet to a point in the northerly line of
University Drive (70' Ingress/Egress easement recorded in DB.5019 at
PG.72); thence departing Parcel 7A and City/County line and running along
and with the line of said University Drive the following two (2) courses:
123.58 feet along the arc of a curve deflecting to the right and having a
radius of 370.00 feet and a chord bearing and distance of North 65
Deg.47'54" West, 123.01 feet to a point; thence,
North 56 Deg.24'57" West, 295.77 feet to a point in the line of the aforesaid
Parcel 7A and City/County line; thence continuing with the line of said
Parcel 7A in part and continuing along and with the easterly line of
University Square, Section One, Parcel "A" and said City/County line,
North 05 Deg. 12'17" East, 931.95 feet to a point in the southwesterly comer
of the land of Jester; thence departing University Square, Section One and
the City/County line and running along and with the southerly line of said
Jester in part and with the southerly line of the land of City of Fairfax,
South 71 Deg.28'33" East, 883.35 feet to a point; thence continuing with the
line of said City of Fairfax,
South 71 Deg.53'43" East, 184.00 feet to a point in the northwesterly comer
of the aforesaid Lot 46; thence departing the land of City of Fairfax and
running along and with the line of said Lot 46,
South 04 Deg. 11'17" West, 357.54 feet to the point of beginning.
Containing 19.4458 acres of land, more or less.
Less and except Parcel 60B, the land of City of Fairfax, measuring 50 feet
by 75 feet with an area of 0.0861 acres of land, more or less.
1998-39
Area of School Street West, Phase 1 is 19.3597 acres of land, more or less.
WHEREAS, the City Council has carefully considered the application, the
recommendation of the Planning commission and staff, and the testimony received at the
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-2, 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 applicant and property owners:
GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN. 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 "School Street West, Phase I", dated June 1998, as amended through
December 10, 1998, prepared by Greenhome & O'Mara, except that the GDP/PSP
shall be further amended to remove all delineated building envelopes from the 100-
year floodplain.
LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in
substantial accordance with the Landscape Plan dated June 1998, as amended
through November 19, 1998, subject to Board of Architectural Review approval.
TREE PRESERVATION. The Applicant shall preserve trees on the Property as
shown on the Tree Preservation Plan prepared by Zimar & Associates dated
November 1998 subject to minor adjustment during site plan review with approval
of the Zoning Administrator. Tree management plan requirements will be met in
conjunction with site plan approval and during construction. Specifically:
a. Applicant shall conform to the limits of clearing and grading as shown on
the GDP/PSP. However, it is understood that trees may be disturbed in
order to provide necessary utilities and the improvements as shown on the
GDP/PSP subject to the review and approval of the Director of Community
Development and Planning. In making these necessary improvements, care
shall be exercised to minimize disturbance to trees. The Applicant may
remove trees identified as dead, dying or diseased, with appropriate tree
removal permits as a part of clearing/grading operations.
Cleating limits shall be fenced as recommended in the Tree Management
Plan, prior to clearing and grading and at all times during construction. The
Applicant shall designate a representative who is knowledgeable in tree
preservation to oversee the clearing and grading activities near preservation
areas and ensure continual protection of the trees.
bo
Co
As part of the Tree Management Plan, the Applicant and the City together
shall work to identify additional trees during the site plan approval process,
that may reasonably be preserved in common areas or on individual lots in
compliance with the GDP/PSP. Clearing limits around such trees shall be
marked on the ground with orange snow fencing or equivalent demarcation
prior to clearing and grading at all times during construction.
do
Should any existing individual tree, shown on the Tree Management Plan
(as augmented during the site plan process under terms of the Tree
Management Plan) not survive the tree bonding period due to the impact of
construction, the Applicant shall replace such tree as follows:
For a tree up to five (5) inches in diameter at breast height (dbh)
failing to survive, one (1) tree with a dbh of not less than 3-3Y2
inches shall be provided;
-2
o
e
1998-39
-3
ii.
iii.
iv.
For a tree between five (5) and sixteen (16) inches in diameter at
breast height (dbh) failing to survive, two (2) trees with a dbh of
not less than 3-3½ inches shall be provided;
For a tree with sixteen (16) inches or greater diameter at breast
height (dbh) failing to survive, three (3) trees with a dbh of not
less than 3-3 ½ inches shall be provided;
In general, the replacement trees shall be the same species of the
failing tree except that the Applicant may substitute trees of
different species with the advice and consent of the Zoning
Administrator.
Vo
Replacement of trees shall occur: (1) if practical, at the location
of tree loss or (2) elsewhere on site (subject to location approval
of the Applicant and the City) or (3) in the event that (1) and (2)
above are not practical, off-site on public rights-of-way along
School Street West or in areas beneficial to the Property, subject
to approval of the City's Director of Public Works.
CONSERVATION EASEMENT. The Applicant shall record a conservation
easement, along the stream valley area, thereby restricting the removal, relocation
or destruction of trees in this preservation area. It shall be understood that
improvements shown on the GDP/PSP and described in these proffers within this
conservation easement are permitted, and on-going maintenance of these
improvements is an acceptable component of the conservation easement.
RECREATION. At the time of issuance of each Certificate of Occupancy on the
Property, the Applicant shall contribute the amount of $500.00 per unit to the City
for the future construction by others, of recreational amenities at the adjacent
Providence Park. As an alternative, at the City's sole discretion, the Applicant shall
clear an area in Providence Park, to be specified by the City, for future use for
active recreation. The City shall use reasonable efforts to retain an undisturbed
tree-covered area, at least 50 feet in width, adjacent to the Property in Providence
Park.
SIDEWALK AND TRAILS
The Applicant shall provide sidewalks and pathways throughout the
Property as depicted on the GDP/PSP.
The Applicant shall, at its sole expense, construct to City standards an eight
foot wide hike/bike trail connecting from the northern side of School Street
to.Providence Park, through .the stream valley as shown on the GDP/PSP,
prior to the issuance of the 30~' occupancy permit for the Property. Further,
the Applicant shall construct within Providence Park, subject to review and
approval of the Director of Parks, Director of Community Development and
Planning, and Director of Public Works, an appropriate pedestrian
connection for the School Street West, Phase I trail to the pedestrian
network within the Park, provided all necessary easements are made
available at no cost to the Applicant. In lieu of constructing this trail
connection within the Park, the Applicant may at its sole discretion provide
funds to accomplish the same.
The Applicant shall record public access easements for trails, private streets,
and sidewalks on the Property.
ARCHITECTURAL DESIGN. The building elevations prepared by Sutton
Yantis Architects attached as Exhibits A-G, are provided to illustrate the
architectural theme and design intent of the community. The architectural design of
the proposed residences shall generally conform with the character and quality of
these illustrative elevations, but the Applicant reserves the fight to modify these
elevations based on final architectural design and Board of Architectural Review
approval. All facades of residences shall be constructed of brick, stone, hard board
siding, cementitious siding, or natural wood, except architectural appurtenances,
1998-39
detailing and/or accents. A minimum of three-quarters of the single-family
detached homes shall have, at a minimum, brick or stone front facades. At a
minimum, one half of the Villa units shall have brick or stone front facades.
Building materials of all facades adjacent to public streets shall be brick or stone.
(Specifically, the following lots shall have, at a minimum, front and two side
facades of brick or stone: Lots 1, 28, 31, 32, 44, 45, 51, 58, 65, 66, 81, 82 and 91).
At a minimum, all front elevations shall have a brick or stone skirt or watertable
with the exception of front porch areas. The skirt or watertable of all side or rear
facades shall be brick, stone, or architectural concrete designed to resemble brick or
stone. All exterior chimneys shall be constructed of brick or stone. Neither
aluminum nor vinyl siding shall be utilized on any of the homes built on the
Property.
SIDE YARDS AND SIDE SETBACKS. The combined side yards for single
family detached homes on lots identified on the GDP/PSP as Lots 2 through 11
shall be no less than 12 feet with no one side setback less than 5 feet. The side
setbacks on all other single family detached lots on the Property shall be no less
than 5 feet.
ROAD CONSTRUCTION.
ao
The Applicant, at its sole expense, shall design and construct and dedicate
to the City the Property's internal public road network with associated right-
of-way as shown on the GDP/PSP, subject to approval of the City Director
of Public Works.
bo
All private streets shall be constructed (subgrade and pavement thickness)
to City of Fairfax public street standards as approved by the City's Director
of Public Works. The Applicant shall provide a public ingress/egress
easement for all private streets and adjacent sidewalks.
The Applicant shall install four textured paving crosswalks, at locations
approved by the Director of Public Works.
The Applicant shall install stop signs, as appropriate, on public and private
streets within the community, as directed by the Director of Public Works.
10.
11.
STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICES.
Storm water management and Best Management Practices (BMPs) for the Property
shall be accommodated in the existing storm water management pond located south
of the Property on land owned by George Mason University (GMU), provided the
necessary agreements between the Applicant and GMU are in place. Should it be
determined at the time of site plan review that the City's BMP standards cannot be
fully met through the off-site pond, additional BMP measures shall be provided on
the Property as approved by the Director of the Department of Public Works. In the
event the Applicant does not reach an agreement with GMU to utilize the off-site
pond, the Applicant shall construct a storm water management pond with BMPs in
the general location shown on Sheet 5 of the GDP/PSP or provide for underground
detention, subject to review and approval of the Director of Public Works and the
Director of Community Development and Planning. The proposed pond will be
owned and maintained by the future Homeowner's Association. Annual inspection
and ongoing maintenance of the storm water pond will be the responsibility of the
future Homeowner's Association and an annual written certification/report prepared
by a registered engineer/architect shall be submitted to the Director of Public
Works. Any on-site, above-ground storm water management facilities shall be
designed to contribute to the aesthetic quality of the development and shall be
subject to review and approval by the Director of Public Works and the Director of
Community Development and Planning.
SANITARY SEWER CONSTRUCTION. In an effort to eliminate the need to
improve the existing force main on the Property and the existing University Drive
pumping station, the Applicant, at its sole expense, shall design and construct an
off-site gravity sewer line from the Property south across GMU property, to
connect with an existing sanitary sewer system, provided the necessary agreements
between the Applicant and GMU are in place. This new line shall be sized to
1998-3 9
12.
13.
14.
accommodate the ultimate development of the land area currently served by the
University Drive pumping station, or as determined by the Director of the
Department of Utilities. The Applicant shall remove the existing pump station on
City-owned parcel 60B and abandon the force main on the Property following
construction and connection of the off-site gravity sewer line, subject to review and
approval of the Director of Utilities. Should the City establish a cost
reimbursement system wherein future users of this new line are assessed for their
proportional share of the cost of the line, the assessments collected by the City
which are reimbursable to the Applicant, shall be returned to the Applicant by the
City. Should the Applicant accomplish completion of the off-site gravity sewer
line and removal of the existing pump station, the City shall consider transfer to the
Applicant lot 60B, comprising approximately 3,750 square feet, to be included in
the common open space area of the proposed development.
COMMUNICATIONS TECHNOLOGY. All homes on the Property shall be
constructed to the specifications of the 1998 "Bell Atlantic Ready"
communications technology programs or comparable program.
ARCHAEOLOGICAL ASSESSMENT. The Applicant shall commission a
Phase I Archaeological Assessment of the Property in the general location shown as
"high probability" area in the City's Comprehensive Plan, p. 79. The area to be
covered by the assessment shall' be approved by the Director of Community
Development and Planning. The archaeological assessment shall be presented to
the City for documentation. Any artifacts which are located on the Property during
this investigation, as well as any artifacts located during construction on the
Property, shall be first offered for contribution to the City of Fairfax or its designee.
If declined by the City, artifacts shall be offered to organizations committed to their
preservation, subject to approval of the Director of Community Development and
Planning.
RESTRICTIVE COVENANTS. The Applicant or its successors shall form a
HOA which shall enforce restrictive covenants for the Property which covenants
shall include, but not be limited to, the following:
ao
No person will be allowed to remove, relocate or destroy any tree on the
Tree Management Plan designated to be preserved when such tree is located
on any private lot or in common areas, nor shall trees be removed in the
conservation area, without approval of the HOA and the Zoning
Administrator. Furthermore, no person will be allowed to remove, relocate,
or destroy the relocated trees or new landscaping provided along the
streetscape or in the common areas without approval of the HOA. Any tree
removed, relocated or destroyed without approval of the HOA and the
Zoning Administrator shall be replaced by the person causing the violation
of this covenant as follows:
ii.
For a tree up to five (5) inches in diameter at breast height (dbh), one
(1) tree with a dbh of not less than 3-3½ inches shall be provided;
For a tree between five (5) and sixteen (16) inches in diameter at
breast height (dbh), two (2) trees with a dbh of not less than 3-3½
inches shall be provided;
iii.
For a tree with sixteen (16) inches or greater diameter at breast
height (dbh), three (3) trees with a dbh of not less than 3-3 ½ inches
shall be provided;
iv.
In general, the replacement trees shall be the same species of the tree
that was removed, relocated or destroyed without the required
approvals, except that the person violating this covenant may
substitute trees of different species with the advice and consent of
the Zoning Administrator.
b°
No person will be allowed to construct any structural improvements
(including decks) following issuance of the Certificate of Occupancy
without review and approval by the HOA, which shall be guided by
-5
1998-3 9
-6
15.
architectural guidelines established by the HOA documents, and approval of
the City's Zoning Administrator and receipt of necessary building permits.
Sidewalks and street maintenance, including snow plowing, in the Villa
section of the community, as well as maintenance of grounds and
landscaping materials in common areas throughout the community will be
provided by the HOA.
Conversion of garages that will preclude the parking of vehicles within the
garage will be prohibited in the development. (This shall not preclude the
use of garages as sales offices in the model homes during marketing of the
development, with the understanding the sales offices will be converted
back to garages upon sale of the models.)
CONSTRUCTION MANAGEMENT.
ao
co
The Applicant will provide a cash bond of $15,000 to provide for any
damage to School Street West or the intersection of Chain Bridge Road and
School Street West_due to construction traffic associated with Property. A
joint inspection with the Department of Public Works of the condition of
such roads will be made prior to the start of construction.
The Applicant will provide a plan for phased construction of the
development one month prior to beginning of construction to include the
timetable for public and site improvements, plans for temporary pedestrian
and vehicular circulation during construction, and plans for any ancillary
facilities such as sales or construction trailers~ Internal roads shall be
installed to a hard surface (base asphalt), acceptable to the city prior to the
delivery of combustible construction materials within a phase. This base
asphalt provision shall not be required of model homes located immediately
adjacent to University Drive or School Street
The Applicant shall identify a person who will serve as liaison to the
community throughout the duration of construction. This individual will be
available throughout the hours of construction, including weekends. The
name and telephone number of this individual shall be provided in writing
to residents and business owners whose property abuts the site, and to the
Zoning Administrator, and shall be posted at the entrance of the project.
16.
17.
FUTURE AMENDMENTS. Individual sections of the Property may be subject to
consideration by the Planning Commission and City Council of an amendment to
this application (including GDP and proffers) without joinder or consent of the
other sections, if such amendment does not significantly affect the other sections, as
determined by the Director of Community Development and Planning. Previously
approved proffers applicable to the section(s) which are not subject to such an
amendment shall otherwise remain in full force and effect.
COUNTERPARTS. These proffers may be executed in one or more counterparts,
each of which when so executed and delivered shall be deemed an original
document and all of which taken together shall constitute but one in same
document.
18.
LIGHTING. The applicant shall include decorative lighting, the details of which
will be worked out with staff and subject to approval of the Board of Architectural
Review.
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development/preliminary site plan be approved, and that waivers be granted pursuant to
{}26-143(e) pertaining to {}21-7(a)(1) to allow less than the 30 feet of pavement required for
private accessways, to {}21-8(d) to allow construction without sidewalks on both sides of
the street, and to {}26-141(e)(2) to allow construction without a commercial component;
and that a variance be granted pursuant to {}26-148 pertaining to {}26-141(b) to allow less
than the required 20 feet of open space around the external walls of any structure.
1998-39
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 heating: November 23. 1998
City Council heating: December 22. 1998
Adopted: December 22. 1998
-7
ATTEST:
Mayor
Date
The motion to adopt the ordinance was approved December 22. 1998.
Councilman Coughlan
Councilman Greenfield
Councilwoman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
Aye
Aye