20030128 2003-2ORDINANCE NO. 2003-2
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-1 (RESIDENTIAL) TO PD(p) (PLANNED
DEVELOPMENT WITH PROFFERS), "THE PROPERTY" IDENTIFIED AS CITY OF
FAIRFAX TAX MAP PARCELS 57-4-((2))-7, 8, 9, 10 AND 11.
WHEREAS, Rocky Gorge, LLC, by Martin D. Walsh, Attorney-In-Fact, submitted
application No. Z-790-01-1requesting a change in the zoning classification from Residential
to Planned Development with proffers for the parcels identified above, and more specifically
described as follows:
Beginning at a point in the easterly right-of-way line of Chain Bridge Road,
Route #123, said point being the southwesterly comer of the land of the
Redevelopment and Housing Authority, Fairfax County, and being on
the boundary line between Fairfax County and the City of Fairfax;
Thence, with the line of Chain Bridge Road and the Redevelopment and
Housing Authority, Fairfax County the following two (2) Courses:
1. N 15° 14' 39" W, 45.92 feet to a point;
2. N 25° 02' 57" E, 33.64 feet to a point on the southerly right-of-way line
of School Street;
Thence departing the right-of-way line of Chain Bridge Road, and with the
right-of-way line of School Street and the land of the Redevelopment
and Housing Authority, the following seven (7) courses:
1. N 71° 50' 50" E, 74.64 feet to a point;
2. N 79° 54' 36" E, 103.53 feet, to a point;
3. N 10° 05' 24" W, 7.23 feet to a point;
4. N 70° 10' 01" E, 60.45 feet to a point;
5. N 80° 47' 10" E, 85.01 feet to a point;
6. N 80° 52' 40" E, 39.84 feet to a point;
7. N 80° 36' 01" E, 109.17 feet to the northwest comer of the land of
Fairfax Hospital Association;
Thence departing the line of School Street and with the westerly line of Fairfax
Hospital Association, S 12° 10' 41" E, 200.99 feet to the southwest
comer of Fairfax Hospital Association, said point being on the
boundary line between the City of Fairfax and Fairfax County, and the
southeast comer of the land of the Redevelopment and Housing
Authority, Fairfax County, and on the northerly line of the land of the
Fairfax County School Board;
Thence with the City/County boundary line and the northerly line of the
Fairfax County School Board S 81° 10' 17" W, 109.06 feet, passing
through the northwest comer of the land of the Fairfax County School
Board, to an angle point in the City/County boundary line, a comer of
the land of the Redevelopment and Housing Authority, Fairfax County;
Thence continuing with the City/County boundary line and the line of the
Redevelopment and Housing Authority, Fairfax County the following
three (3) courses:
1. N 12o26, 18" W, 102.81 feet to a point;
2. S 80° 58' 10" W, 199.79 feet to a point;
3. S 81° 04' 16" W, 182.25 feet to the point of beginning.
Containing 55,781 square feet or 1.28056 acres.
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-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 110-7, which are proffered
by the property owners:
SEE THE ATTACHED PROFFERED CONDITIONS DATED JANUARY 27, 2003
AND APPROVED BY CITY COUNCIL ON JANUARY 28, 2003.
BE IT FURTHER ORDAINED, that the above conditions, application package and
general development/preliminary site plan be approved, and that variances and a waiver be
granted from the City Code as follows:
(1) Pursuant to City Code Section 110-641, approval of a variance to City
Code Section 110-634 to allow less than the minimum district size for a
PD (Planned Development) district, reduce the minimum open space
required around the external walls of any structure and allow open space
sections that are less than 10,000 square feet in area;
(2) Pursuant to City Code Section 110-263 a variance to City Code Section
110-258 to allow modification of the required screening fence;
(3) Pursuant to City Code Section 86-10, a variance to City Code Section 86-
7(1) to permit reduction of the required 30-foot minimum private street
width; and
(4) Pursuant to City Code Section 110-634(5)b. waiver of the requirement to
provide a commercial component in the Planned Development 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
possible.
This ordinance shall be effective as provided by law.
Planning Commission hearing: November 11, 2002
City Council hearing: January 28, 2003
Adopted: January_ 28, 2003
Mayor
~ /D~at]D'-9)
ATTEST:
(~y~k
The vote to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilwoman Winter
Vote
Aye
Aye
Nay
Aye
Aye
Aye
c/i T cit .1A1/1 r'"ROFFER5
i
f
ROCKY GORGE EfOlVIES, L.L.C.
PROtrEltED CONDITIONS ,
ZONING /VIAI) AMENDMENT
•
January 27, 2003
Pursuant to Section 15.2 of the 1950 coglenf g, as amended, and Section 26-
6(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Rocky Gorge Homes, L.L.C. (the
- Applicant - ) and the Fairfax County Redevelopment and Housing Authority (the "Owners"), and
each of their successors and as.signs agree that the develcrpraent of the propertxthat is the subject of
an application for Zoning Map Amendment Z-790.01-1 filed byRocky Outgo Ifornes, L.L.C., dated
Apnl 5, 2001, as amended, and shown on City of Fairfax Tax Map 57-5 ((2)) 7, 8, 9, 10, 11 (the ____
`Property"), will be itt accordanne with the following Proffered Conditions if the Zoning Map
Amendnrent is granted and the Property is rezoned to the PD(p) (Planned Development with
proffers) Distxict in accordance with Applicant's General Development Plan/Preliminay Site Plan
dated August 3, 2001, as amended thr•ough November 15, 2002, showing up to 10 units. The
Applicant and owner; proffer the following conditions:
1. GENERAL DEVELOPMENT PLAN/PRELI1VIDTARY srn PLAN. The general
9,2 character of the development of the Ploperty shall be in substantial conformance with the
General Development Plan /Preliminary Site Plan (GDP/PSP) =titled `Tairfax Gateway'
dated August 3, 2001, as amended through November 15, 2002, prepared by Christopher
Consultants, and consisting o(7 sheets,
2. DEDICATION AND ROAD CONSTRUCTION. At the time of fmal site plan approval,
the Applicant shall dedicate right along the Property's School Street frontage
measuring 25 feet from the existing centerline, subject to review and approval ofDirector of
''-
Public Works. The Applicant shall, at its sole expense, construct frontage improvements
.'„
along its School Street frontage measuring 18 feet from the existing centerline.
3. PAW( CONSTRUCTION. The .Applicant shall, at its sole expense, construct a park area
on the Property adjacent to the intersectitm oft:lain Bridge Road and School Street in the
general location shown on Sheets 2, 3 and 5. The park shall include tree preservation as
described in Proffer 5, In addition, the park shall include additional landscaping,
. - hardscaping, lighting, stntctures, and stating creating a visual focal point/gateway feature.
Notwithstanding that park designs are shriven on Sheet 5 of the GDP/PSF', a new alternate
design of the park shall be proposed by the Applicant alter consultationwith the Department
of Community Development and Planning, Historic Fairfax Inc. and the Board of
Architectural Review (BAR). The design shall be rtzore in keeping with the plaza concept
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generally illustrated in Exhibit 1 attached to these proffers. The design shlll be presented to
the City Council for their review prior to BAR approval.
The portion of the park with the retaining wall, structures, seating, and paved plaza area
.,,
. ,
iO3 15;38 FAX 703 525 3197
WCLET ARLINGTON
e1010
PROFFERED COND1 jQNS
ZONING MAP AMENDMEI,1'T
Page 2
immediately adjacent to the intersection of School Street and Chain Bridge Road shall be
dedicated in fee to the City of Fairfax for public use_ Alter dedication and acceptance
real estate, the maintenance of this area shall be the responsibility ofthe City The of this
Tern er
Y
of this park area shall be owned and maintained by the t3= T Associ a tio
Completion of the entire park and dedication ofthe City Homeowners a Associatio
tr, final bond release. in the event the tree proposed to be prese preserved in the park does not
survive a five year period following final bond release for the ark area,
landscape plan shall be prepared and p an alternate
proved b
to show how this area should be lauds by the BAR at the time of the park approval
raped. The Applicant shall escrpw with the City the
amount of $7,500.00, to defray the cost of the City
the tree survive the five year period, the escrow hall be returned implementing the alternate cant. Should
to the Applicant.
4 . LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in general
conformance with the landscaping shown on Sheets 2 and 5 ofthe GDPIp,,rp, subject to BAR
approval. The Applicant also reserves the right to preserve existing trees in lieu of
providing new landscaping within the peripheral landscaped buffers and elsewhere on the
Property, subject to BAR. approval.
The ,private road serving the Property shall include an entry
avers or stare ed p apron at its intersection with
School Street constructed of brick
P p asphalt. tinted to resemble brick as
shown on the GbP/PSP. The brick pavers or stamped asphalt area shall be located entirely
out of the public right - - way, and shall like all private streets on the Property be maintained
by the Homeowners Association.
5. TREE PRESERVATION_ During site plan processing, the Applicant shall analyze the
feasibility ofpreserving the large oak tree located in the northwest corner of the Property as
shown on Sheets 2 and 3 of the GDPIPSP. The Applicant shall contract with a certified
arborist to conduct a root excavation and decay evaluation ofthe oak tree to determine the
extent of decay. The arborist shall produce a report describing the methods employed and
extent of decay observed with a recommendation regarding the status and treatment of the
tree. This report shalt be provided to the City's arborist for review and comment. If the
arborist's examination determines that 30% or more ofthe primary buttress roots have decay,
the tree will be removed. Yf less than 30% of the primary buttress roots have decay, the
arborist will prepare a tree management plan to be submitted in conjunction with final site
plan processing and implemented during construction. Specific tree pieservation activities
designed to maximize the survivability of the tree shall ` incorporated into the tree
rr�aaagetaerrt plan. Activities should include, but are not limtttz crown pruning, root
prngg, mulching and fertilization.
6 SIORMWATER MANA NT. The Applicant shall provide stounwater managem eO
and Best Management Practices (BMP) facilities within the portion of the Fairfax Gateway
de xxterrt located iat Fairfax County as down an the GpP/PSP.