19990727 1999-21ORDINANCE NO. 1999-21
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-l, RESIDENTIAL, TO RPD(p), RESIDENTIAL
PLANNED DEVELOPMENT WITH PROFFERS, "THE PROPERTY" IDENTIFIED AS
CITY OF FAIRFAX TAX MAP PARCELS 58-3-((6))-29, 30, 31 and 32, AND
LOCATED AT 9791, 9771, 9769 AND 9759 MAIN STREET.
WHEREAS, Christopher Management, Inc., by Gregory A. Riegle, Agent, submitted
application No. Z-782-99-1 requesting a change in the zoning classification from R-1 to
RPD(p) for the parcel identified above, and more specifically described as follows:
Beginning at a point lying in the southerly right-of-way line of Main Street,
State Route Number 236 (width varies), said point being a common comer
with Lot 33 Holly Park; thence running with the line of Lot 33
S14°43'55"W 415.32 feet to a point lying in the line of Lot 35 Holly Park;
thence running with the line of Lot 35 and with the City of Fairfax/Fairfax
County line N75°16'05"W 408.92 feet to a point lying in the easterly right-
of-way line of Maple Avenue (width varies); thence rmming with the
easterly fight-of-way line of Maple Avenue the following three courses and
distances: N15°04'38"E 385.47 feet to a point; thence S75°00'22"E 10.28
feet to a point; thence N60°15'51"E 42.95 feet to a point; thence running
with the aforementioned southerly right-of-way line of Main Street
S75° 14'22"E 365.67 feet to the point and place of beginning and containing
3.8702 acres or 168,586 square feet of land more or less; and
WHEREAS, the City Council has carefully considered the application, the
recommendation of the Planning Commission and staff, and the testimony received at
public heating; 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 Virgini~ and the Code of the City of Fairfax. Virginia;
NOW, THEREFORE BE IT ORDAINED, that the above described property be
rezoned from R-1 (Residential), to RPD(p) (Residential 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:
Subject to the requirements of this proffer, the development will be in
substantial conformance with the General Development Plan/Preliminary
Site Plan (GDP/PSP), entitled Maple Trace, containing 14 sheets and
prepared by Rinker-Detwiler and Associates, Studio 39, and Snyder. Egbue
Associates, dated Feb. 1999 and revised as follows (Sheet 1-3, July 2, 1999;
Sheet 4, May 28, 1999; Sheets 5-6, July 1, 1999; Sheets 7-9, May 28, 1999;
Sheets 10-10D, April 30, 1999; Sheet 10E, undated).
o
ARCHITECTURE/DESIGN
The development shall consist of a maximum of 19 single family detached
residential units. The Applicant reserves the right to modify the size and
configuration of the building footprints within the building envelopes
identified on the proffered plans.
The building elevations dated April 30 and submitted with the GDP/PSP 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, quality, coloring and detail of these
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10.
11.
illustrative elevations, but the Applicant reserves the right to make minor
modifications to these elevations subject to review and approval by the
Director, Community Development and Planning. All facades of residences
shall be constructed of Wolverine vinyl siding, brick, natural stone veneer,
hard board siding, cementitious siding, or natural wood, except architectural
appurtenances, detailing and/or accents. The approved units shall incorporate
brick and/or stone, at a minimum consistent with the approach described in
Exhibit 1 (attached, as modified on July 23, 1999).
The rear elevation of the approved units shall incorporate an overall quality
of trim material which is comparable to that used on front facades. For those
dwellings equipped with shutters on the front fagade, any windows located
on the rear or side facing the common driveway shall also include the use of
substantial architectural detail such as shutters and/or similar window
treatments or accessories, subject to review and approval by the Director,
Community Development and Planning.
All exterior framed chimneys shall be constructed on foundations. The
material used on the exterior of all chimneys shall be brick or stone.
"Acorn type" street lighting shall be provided in the locations generally
shown on the proffered plans, subject to review and approval by the Director
of Public Works. The height and design of the light fixtures and poles shall
be in substantial conformance with that described on the proffered plans,
subject to review and approval by the Director of Public Works.
The Applicant shall install clusters of shrubs and/or ornamental trees along
the exterior of the fence located along Main Street in general conformance
with the landscape plan submitted with the GDP/PSP.
All roof materials shall be architectural grade fiberglass shingles, standing
seam metal or material of similar appearance and quality.
EASEMENTS. COVENANTS AND RESTRICTIONS
The Applicant shall record public access easements for private streets and
sidewalks on the property.
The Applicant shall establish a homeowners association (HOA) for the
purpose of maintaining common areas and private streets within the
approved development. In conjunction with the appropriate site plan review
processes, private streets and common areas shall be dedicated to the
homeowners association. The HOA may be structured so as to potentially
incorporate the abutting property to the south, located in Fairfax County,
Virginia, in the event this abutting property is used in connection with the
fulfillment of stormwater management requirements for the application
property.
The HOA 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 on
any final approved landscape plan or Tree Management Plan
designated to be preserved. Any tree removed, relocated or destroyed
shall be replaced by the person causing the violation of this covenant
as follows:
(i) For a tree up to five (5) inches in diameter at breast
height (dbh), one (1) tree with a dbh of not less than 3-3
1/2 inches shall be provided;
(ii) 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 3-3 1/2 inches shall be provided;
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(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 1/2 inches shall be provided;
(iv) In .general, the replacement trees shall be the same
spemes 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
architectural guidelines, as may be established by the HOA
documents, and receipt of necessary building permits.
(c) Sidewalks and street maintenance, including snow plowing, as well as
maintenance of .grounds and landscaping materials to include
peripheral screemng fences in common areas throughout the
community will be provided by the HOA.
(d) With the exception of storage in garages, the parking or storage of
recreational vehicles shall be prohibited.
(e) Conversion of garages to bedrooms or living space shall be prohibited.
12. Purchaser shall be advised in writing of the covenants described in Proffer 11
prior to entering into a contract of sale.
13.
14.
15.
16.
17.
18.
TRANSPORTATION
The private streets on the Application ProPerty will not be constructed to
City standards for pavement width or right-of-way, but shall be constructed
with a pavement section, thickness and material which generally conforms
with public street construction standards as determined by the Department of
Public Works.
The common driveways shown on the GDP/PSP may be asphalt or concrete.
Concrete driveways serving the units shall incorporate a minimum of four
(4") inches of concrete on a four (4") inch stone base. Asphalt driveways
shall, at a minimum, incorporate two (2") inches of asphalt on a four (4")
inch stone base.
The Applicant, or its successors and assigns, shall assume responsibility for
the installation and maintenance of the decorative crosswalk areas located
near the site entrance(s) from Maple Avenue, subject to review and approval
by Director of Public Works.
At the time of site plan approval, the Applicant shall contribute $5,000
toward a future traffic signal at the intersection of Main Street and Maple
Avenue.
The Applicant shall install stop signs, as appropriate on public and private
streets within the community as directed by the Director of Public Works.
ENVIRONMENTA l,
Stormwater management shall be provided for the property in accordance
with Best Management Practice ("BMP") standards in accordance with
Fairfax City requirements or as otherwise may be approved by the Director,
Department of Public Works. As generally described on the GDP/PSP,
stormwater management may be provided in an off-site location provided
that prior to site plan approval, the Applicant shall demonstrate that any off-
site facility has a design and capacity that conforms to applicable City
requirements and further provided that prior to site plan approval, the
Applicant shall demonstrate that all necessary easements or permission
related to the use and construction and maintenance of the off-site facility are
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secured from the owner of any off-site areas to be used for stormwater
management purposes.
In the event the Applicant is unsuccessful in acquiring the land and/or
approvals necessary for an off-site stormwater management pond, the
Applicant reserves the right to reduce the permitted number of units from 19
to 18 and develop an on-site detention pond to replace Lot 11, in accordance
with the standards prescribed by the preceding paragraph. The Applicant
further reserves the right to pursue interim on-site stormwater management
options in the event development begins prior to the completion of the off-
site facility. Any interim stormwater management approaches shall be
designed to the standards required by the Director of Public Works.
Any proposed pond located on the application property will be owned and
maintained by the future homeowners association annual inspection and
ongoing maintenance of any pond located on the application property will be
the. responsibility of the future homeowners association and an annual
written certification report prepared by a registered engineer/architect shall
be submitted to the Director of Public Works.
LANDSCAPING/TREE PRESERVATION
19. The Applicant shall, at its sole expense, provide landscaping and tree
planting in substantial conformance with the quality and quantity of
plantings identified in the landscaping concepts shown on the GDP/PSP
plans, revised through July 2, 1999. The fences, the decorative walk and
gazebo shall be provided in general conformance with the landscape plan and
lot typicals prepared by Studio 39 and revised through July 1 & 2, 1999,
respectively, and the landscape lot typicals attached hereto as Exhibit 2. If,
during the process of site plan review, any landscaping shown on the
GDP/PSP plans is removed in order to locate utility lines, etc., then an area
of additional landscaping of equivalent value may be substituted at an
alternate location on the site, subject to review and approval by the Director
of Community Development and Planning. Additional plantings or
substitution of plant materials of equivalent or larger size for the plant
materials shown on the plant list, dated July 1, 1999, and included as sheet 6
in the GDP/PSP may be permitted, subject to prior review and approval by
the Planning Director.
20. Prior to site plan approval, and subject to review and approval by the
Director, Community Development and Planning, the Applicant shall
perform an evaluation of the existing plant material on the property for the
purpose of identifying trees or other plant material which is capable of being
relocated to finished lots or the park area located along Maple Avenue. To
the extent possible and in accordance with standard and accepted
horticultural practices, the Applicant agrees to relocate existing and viable
plant material to fulfill the landscaping and planting requirements associated
with the final approved landscape plans. As part of the site plan approval
process and in connection with development of final grading plans, the
Applicant shall work with City Staff to identify additional trees that may be
reasonably preserved in common areas or on individual lots in compliance
with the development and units shown on the GDP/PSP. If any such trees
are identified, this shall be reflected on the final site plan. Cleating limits
around any such trees shall be marked on the ground with orange snow
fencing or equivalent demarcation prior to clearing and grading and at all
times during construction. Should any existing individual tree, shown on the
final site plan, not survive the tree bonding period due to the impact of
construction, the Applicant shall replace such tree as follows:
(a) 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 3-3 1/2
inches shall be provided;
(b) For a tree between five (5) and sixteen (16) inches in diameter, at
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breast height (dbh) failing to survive, two (2) trees with a dbh of
not less than 3-3 1/2 inches shall be provided;
(c) 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 1/2 inches shall be provided;
(d) 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.
(e) 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 or in
areas beneficial to the Property, subject to approval of the city's
Director of Public Works.
21. Prior to site plan approval, the final limits of cleating and grading shall be
established to respect and protect the drip lines of any off-site trees which
may overhang the application property.
UNDERGROUND UTILITIES
22. Along the site's frontage to Maple Avenue, the Applicant shall be responsible
for the underground installation of all new utility lines serving the site.
COMMUNICATIONS TECHNOLOGY
23. All homes on the Property shall be constructed to the specifications of the
1998 "Bell Atlantic Ready" communications technology programs or other
similar programs.
FUTURE AMENDMENTS
24. 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.
25.
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.
26.
Subsequent to rezoning approval, but prior to site plan approval, the Applicant
agrees to submit a construction management plan to the Zoning Administrator and
the abutting property owners which will include the following information:
(a) Anticipated hours of operation and general construction timetable;
(b) Truck routes to and from site;
(c) Location of parking areas for construction employees;
(d) Truck staging and cleaning area as may be applicable;
(e) Storage areas for materials;
(f) Erosion and siltation fencing details;
(g) Trailer and sanitary facility locations; and
(h) Maintenance of construction entrances.
The Applicant shall identify a person who shall serve as liaison to the community
throughout the duration of construction. This individual shall be accessible on the
property. 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.
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BE IT FURTHER ORDAINED, that the above conditions, application package and general
development/preliminary site plan be approved and that variance
~ § 26-148.22(b) and (d~ to -erm:~ ~ --~ .... · .... s be granted from ~
, v ,L ,~ ,ruucuon ot me reqmred 25-foot-wide perimeter
buffer area along the south and east property boundaries: to permit a reduction of the
required 20-foot-wide minimum building setback for front ~nd rear yards of interior lots;
to exceed the 50% maximum impervious surface; and to reduce the required amount of
contiguous common or public open space area; and, ~ § 21-8(d) to permit a
modification of the requirement to provide sidewalk on both sides of the private street.
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: June 14, 1999
City Council hearing: ~
City Council reconsideration: ~
Adopted: ~
A~TEST:
The motion to adopt the ordinance was approved 6-0.
(~~~ MayOr
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthome
Vote
Aye
Aye
Aye
Aye