20000926 2000-20ORDINANCE NO. 2000-20
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-I, (RESIDENTIAL), TO PD(p), (PLANNED
DEVELOPMENT WITH PROFFERS), "THE PROPERTY" IDENTIFIED AS CITY OF
FAIRFAX TAX MAP PARCELS 57-3-((2))-42, 43, 44, 45 AND 46.
WHEREAS, Stanley Martin Homebuilding, LLC, by Brandy Turman, Vice President,
submitted application No. Z-778-99-2A requesting a change in the zoning classification
from R-1 to PD(p) for the parcels identified above, and more specifically described as
follows:
Being the remaining portion of Lots 15, 16, 17, 18 and 19 as shown on a
plat of Subdivision entitled "J.W. Rust, Subdivision F. W. Murray Tract" as
recorded in Deed book W-8 at Page 249 and also know as Parcels 42, 43,
44, 45 and 46 as delineated on Tax Assessment Map Number 57-3-((2)) of
The City of Fairfax, Virginia, less and except those portions dedicated to
public street purposes in Deed Book 5434 at pages 1941, 1988 and 1991
and in Deed Book 5440 at page 1390 all being among the Land Records of
Fairfax County, Virginia and being more particularly described as follows:
Beginning for the same at a point on the Northerly right-of-way line of
School Street (50 foot wide) said point also the common Southerly comer of
Lot 14 and Lot 15 of the aforementioned J.W. Rust Subdivision, thence
leaving said right-of-way binding and running with the common division
line of said Lots 14 and 15.
1.) North 02°15'21'' West, 361.93 feet to an iron pipe found on the
Southerly line of the property of the City of Fairfax as recorded in Deed
Book 3195 at page 32 thence binding and running with said Southerly line
and also with the Southerly line of the property now or formerly of Avalon
Properties, Inc., as recorded in Deed Book 10038 at Page 282 among the
Land Records of Fairfax County, Virginia
2.) South 77048'38" East, 600.04 feet to an iron pipe found being the
common Northerly comer of Lots 19 and 1 as shown on the aforementioned
J.W. Rust Subdivision, thence leaving the Southerly line of Avalon, binding
and running with the common division line of Lots 19, 1 and Lot 2 of said
J.W. Rust Subdivision.
3.) South 00°54'31'' West, 221.24 feet to a point on the aforementioned
Northerly right-of-way of School Street (50 foot wide), thence binding and
running with said right-of-way
4.) South 88036'59'' West, 568.92 feet to the point of beginning containing
168,037 square feet or 3.85759 acres of land.
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, with the
recommended revisions to the GDP/PSP to combine lots 19 and 20 and eliminate one of
these units, and to provide limits of clearing and grading that achieve better tree save in the
northwest comer of the subject site and in the area of the proposed park, 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;
2000-20
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NOW, THEREFORE BE IT ORDAINED, that the above described property be rezoned
from R-1 (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:
SEE THE ATTACHED PROFFERED CONDITIONS DATED AUGUST 17, 2000 AND
REVISED THROUGH SEPTEMBER 13, 2000 (WITH REVISED GRADING PLAN
DATED SEPTEMBER 25) AND APPROVED BY CITY COUNCIL ON SEPTEMBER
26, 2000 WITH THE FOLLOWING PROFFER CHANGE:
7a. Purchasers of lots shall be informed of the private street and the
homeowners' association maintenance requirements and that the private
street is currently ineligible to be incorporated into the city street system.
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development/preliminary site plan be approved with revisions to the GDP/PSP to combine
lots 19 and 20 and eliminate one of these units, and to provide limits of clearing and
grading that achieve better tree save in the northwest comer of the subject site and in the
area of the proposed park, and that variances be granted from Ci_ty Code §26-141 (b) and (d)
to allow less than 20 feet of open space around the external walls of buildings, less than
20% of the gross tract area in open space sections of less than 10,000 square feet; and
waiver of the commercial component required in the Planned Development (PD) District.
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
This ordinance shall be effective as provided by law.
Planning Commission hearing: September 11, 2000
City Council hearing: September 26, 2000
Adopted: September 26, 2000
ATTEST:
City Clerk
The motion to adopt the ordinance was approved 6-0.
Mayor
Date
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
Aye
Aye
Aye
Aye
Aye