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20010213 2001-2ORDINANCE NO. 2001- AN ORDINANCE APPROVING AN AGREEMENT AMONG THE CITY OF FAIRFAX, VIRGINIA AND THE COUNTY OF FAIRFAX, VIRGINIA FOR THE JOINT EXERCISE OF POWERS REGARDING THE REGULATION OF DEVELOPMENT OF CERTAIN PROPERTY. BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that the Council hereby approves an agreement among the City of Fairfax, Virginia and the County of Fairfax, Virginia for the joint exercise of powers regarding the regulation of development of certain property. The terms and conditions of the agreement are as follows: AGREEMENT BY THE CITY OF FAIRFAX, VIRGINIA, AND THE COUNTY OF FAIRFAX, VIRGINIA, TO EXERCISE JOINT POWERS TO REGULATE THE DEVELOPMENT OF CERTAIN PROPERTY The City Council of the City of Fairfax, Virginia and the Board of Supervisors of the County of Fairfax, Virginia hereby enter into this interjurisdictional Agreement that shall be deemed to constitute that agreement required by Section 15.2-1300, Code of Virginia, as amended, for the joint exercise of the powers of local jurisdictions. WHEREAS, the City of Fairfax, Virginia ("City"), and the County of Fairfax, Virginia ("County"), are political subdivisions and localities of the Commonwealth of Virginia ("Commonwealth"); and the City and the County (collectively "Parties") each have those powers relating to the planning, zoning, subdivision, and development of land that have been granted to them by Chapter 22 of Title 15.2 of the Virginia Code; and WHEREAS, the City and the County each have the power to enforce the Uniform Statewide Building Code within their respective jurisdictions pursuant to Chapter 6 of Title 36 of the Virginia Code; and WHEREAS, Virginia Code § 15.2-1300 provides that any power, privilege or authority exercised or capable of being exercised by any political subdivision of the Commonwealth may be exercised jointly, by agreement, with any other political subdivision of the Commonwealth having a similar power, privilege or authority, and Virginia Code § 15.2-1300 also provides that localities shall approve of such agreements for joint actions by ordinance; and WHEREAS, Texaco Refining and Marketing, Inc. ("Texaco"), owns a parcel of real property containing approximately 39.37446 acres that is located partially within the City and partially within the County, that parcel being shown generally on City Tax Map No. 58-1 ((2)) Parcel 23, and on County Tax Map No. 58-2 ((1)) Parcel 14; and that parcel being the same property acquired by Texaco and recorded in the land records of Fairfax County in Deed Book 8199 at page 323 ("Krasnow Property"); and WHEREAS, Pickett Road, LLC ("Pickett Road"), has entered into a contract with Texaco to purchase the Krasnow Property, and Pickett Road also has entered into a contract to purchase adjoining property in the City identified on City Tax Map No. 58-1 ((2)) Parcels 25 and 26 ("Mackall Property"), and WHEREAS, a portion of the boundary between the City and the County now passes through the Krasnow Property, and approximately 12.27004 acres of the Krasnow Property now lies within the boundaries of the City, and approximately 27.10442 acres of the Krasnow Property now lies within the boundaries of the County; and WHEREAS, the Krasnow Property now contains a single residential dwelling and related structures that are located within the City, and WHEREAS, the City and the County each have exercised the authority granted to them pursuant to Virginia law to zone the Krasnow Property into separate residential classifications that would permit low-density residential development on the Krasnow Property; and WHEREAS, in order to provide for residential development of the Krasnow Property at a density in excess of that now provided for by the present zoning classification of R-1 in the City but consistent with the recommendations of the adopted Comprehensive Plan for the City of Fairfax, Pickett Road has proposed that the City and the County (i) amend the present zoning classification applicable to the Krasnow Property and (ii) change the boundary between the City and the County; and WHEREAS, the City and the County are supportive of a coordinated development of the Krasnow Property that would be to the advantage of each locality; now be it hereby agreed by the Parties that the Parties will jointly exercise the land use powers and procedures described below to consider the potential development of the Krasnow Property in accordance with the following terms and conditions: RECITALS: Section 1. Duration of Agreement. This Agreement shall become effective upon the first date that both Parties have adopted ordinances approving the terms thereof (the "Effective Date"), and it shall remain in force and effect for a period of twenty-five years from the Effective Date unless earlier amended or rescinded as provided in this Agreement. Section 2. Purpose. The purpose of this Agreement is to provide a procedure for the orderly establishment of a residential development and a park on the Krasnow Property, for the subdivision of the Krasnow Property, and for the issuance of building permits and approvals related to the orderly development of the Krasnow Property. Section 3. Financing. In the execution of this Agreement, the City and the County shall be responsible for any and all of their own costs that may be incurred in the consideration of the planning and approval of any rezoning for residential development and open space on the Krasnow Property. This Agreement does not impose any additional financial obligations on either the City or the County, and this Agreement does not establish any new entity or budget for the undertaking. Section 4. Implementation. The City Council of the City shall have the authority to approve a rezoning application and a subdivision ("Proposal") for that approximately 12.27004 acre portion of the Krasnow Property now within the City and that 12.07987-acre portion of the Krasnow Property now proposed for inclusion within the City if, and only if, the City is able to secure voluntary proffers from Pickett Road or any owner(s) of the Krasnow Property, in accordance with the authority granted to the City pursuant to Va. Code Ann. § 15.2-2303 (Michie 1997), that would provide for a residential development of the Krasnow Property that meets the following criteria: (a) Any Proposal for the development of the Krasnow Property shall be submitted by Pickett Road, or by any owner(s) of the Krasnow Property, to the City and the County for review by appropriate agencies and officials of each locality. (b) Any such Proposal shall be submitted pursuant to subsection (a) of this Section and shall meet these minimum standards: (i) The Proposal shall provide for the dedication of 15.02455 acres of the eastern portion of the Krasnow Property, land that now is within the County and is expected to remain within the County, to the County or to a political subdivision of the state, as may be designated by the Board of Supervisors of the County, for use as a park in perpetuity that will be accessible to the residents of the City and the County ("County Portion"). The County Portion is further described as that portion of the Krasnow Property that lies to the east of the new boundary line described in a document entitled Description of Part of the Property of Texaco Refining and Marketing, Inc., Providence District, Fairfax County, Virginia (hereinafter "Description"), and shown on a plat entitled Plat Showing Jurisdictional Boundary Revision Thru the Property of Texaco Refining and Marketing, Inc., prepared by Robert S. Schwenger of Dewberry & Davis, LLC, and dated July, 2000 (hereinafter "Plat"). The Description and the Plat are attached to this Agreement and incorporated herein. (ii) The Proposal shall provide for suitable grading and drainage that will not adversely affect the County Portion and/or other properties within the County, but the Proposal may provide for the design and construction of reasonable stormwater control facilities as well as sanitary sewer, water, and storm water lines on the County Portion. The design and construction of any such grading and drainage facilities shall meet the County standards in effect for such grading and drainage, and such plan shall be submitted to the County for approval. No grading of the Krasnow Property shall be initiated prior to such County approval. Upon completion and acceptance by the County as having been built in accordance with the approved plans previously approved by the County, ownership of the County Portion shall be conveyed to the County or the political subdivision designated by the Board in accordance with subsection (i). Subsequent to that conveyance, the owner of the County Portion shall maintain any stormwater facilities that are constructed on the County Portion. (iii) The Proposal shall prohibit access by the public to the County Portion by motor vehicles, but the Proposal shall provide for vehicular access to the County Portion from the County by the County and/or the political subdivision designated as the owner of the County Portion in order for the County to provide fire or police services and/or the maintenance of the trail and any stormwater facilities that may be established thereon. (iv) The Proposal shall provide for the maximum possible retention of the existing vegetation, as determined by the County, on the area to be dedicated for a park in a manner that is consistent with reasonable stormwater control, utility installation, and park maintenance practices and procedures. (v) The Proposal shall provide for a trail, to be constructed to the standards of the Fairfax County Park Authority, to be built on and through the County Portion with the cost of designing and constructing such trail borne by the developer of the Krasnow Property. Subsequent to the conveyance of the County Portion, as described in Section 4(b)(ii), the owner of the County Portion shall maintain the trail facilities that are constructed on the County Portion. No other recreational improvements are to be constructed pursuant to the Proposal. (vi) The Proposal shall provide for residential development on that portion of the Krasnow Property not part of the County Portion (herein "City Portion"), with a maximum of 80 single-family detached dwelling units to be built on the City Portion. (vii) The Proposal shall provide for no commercial or industrial development on any portion of the Krasnow Property. (viii) The Proposal shall provide for vehicular access to the residential development on the City Portion of the Krasnow Property solely via Pickett Road (State Route 237). (c) Upon submission of any Proposal to develop the Krasnow Property, and prior to consideration of any such Proposal by the City Council of the City, the City shall provide the Board of Supervisors of the County with notice of that Proposal, and such notice shall be no less than 60 days prior to any exercise of zoning powers by the City Council pursuant to Section 5 of this Agreement. If the Board of Supervisors of the County concludes within the notice period that the Proposal does not meet the requirements of this Agreement, the City Council shall provide the Board of Supervisors of the County with an opportunity to present its conclusions and recommendations prior to any action by the City Council. Section 5. Boundary Changes. In entering into this Agreement, the Parties acknowledge that the boundary between the City and the County must be adjusted by further agreement of the Parties in order to include within the City all of the City Portion and to retain within the County all of the County Portion. If such a boundary change becomes effective, then the provisions of this Agreement shall continue in force and effect as if no change in the boundary had occurred. In addition, if such a boundary change becomes effective, then the City shall use its good faith efforts to amend the Comprehensive Plan of the City, proposing that the land newly added to the City will be planned using the same language as that which applies to that portion of the Krasnow Property that presently lies within the City. Section 6. Exercise of Zoning Powers. The City Council shall have the power to rezone the Krasnow Property provided the rezoning meets the requirements set forth in Section 4 of this Agreement. The City shall use its good faith best efforts to complete the rezoning process within six months from the date of submission with all information necessary for the City to proceed, the expectation of the City being that a decision on the rezoning application will be made no later than July 10, 2001. No changes, interpretations, proffer condition amendments, or other rezoning actions that would substantially change or modify the requirements set forth in Section 4 of this Agreement shall be made by the City Council or by any other City official without amending this Agreement while this Agreement is in effect. The City Council will not proceed with the public hearing and consideration of the rezoning of the Proposal until the boundary is adjusted in accordance with Section 5 aforesaid. Section 7. Regulation of Subdivision and Building Construction. The City shall have the power to consider and approve any applications for the subdivision of the Krasnow Property, to consider and approve the issuance of building permits, and to inspect the plans and the construction of any such buildings and other improvements that may be constructed on the Property. All plans and permits approved by the City shall be in conformance with the requirements set forth in Section 4 of this Agreement. Section 8. Notice. Any notice required under this Agreement shall be in writing and provided as follows. If to the City: If to the County: Robert L. Sisson, City Manager 10455 Armstrong Street Fairfax, Virginia 22030 Anthony Griffin, County Executive 12000 Government Center Parkway, Suite 552 Fairfax, Virginia 22035 Section 9. Amendments. This Agreement shall not be modified except by ordinance adopted by the governing bodies of the City and the County. Section 10. Copies. The clerks of the City Council of the City and the Board of Supervisors of the County shall maintain fully executed copies of this Agreement, and each such copy shall be considered an original. Section 11. Miscellaneous. This Agreement shall be approved and effective in the respective participating jurisdictions upon its passage by the governing bodies of the participating jurisdictions by ordinance. If any provision of this Agreement is found to be void by a court of competent jurisdiction, such void provision shall not void the entire Agreement, and the remaining provisions shall remain enforceable to the fullest extent permitted by law. CITY OF FAIRFAX, VIRGINIA By: Mayor of the City of Fairfax ATTEST: City Clerk Date: COUNTY OF FAIRFAX, VIRGINIA By: Chairman, Fairfax County Board of Supervisors ATTEST: Clerk of the Board of Supervisors Date: This ordinance shall become effective as provided by law. INTRODUCED: January 23, 2001 PUBLIC HEARING: February 13, 2001 ADOPTED: February 13, 2001 Vote Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthorne Aye Aye Aye Aye Aye Absent ~~-)Mayo~ ATTEST: