2007-12
ORDINANCE NO. 2007-12
AN ORDINANCE TO AlVIEND T.H:E ZONING lVIAP OF T.H:E CITY OF FAI~FAX,
VI~GINIA TO RECLASSIFY F~OlVl ~-2 ~ESIDENTIAL TO ~D ~SII>ENTIAL
PLANNED DEVELOPlVIENT ""IT.H: P~OFFER.S "T.H:E PROPERTY" IDENTIFIED
AS CITY OF FAIRFAX TAX lVIAP PARCELS 48-3-((8)) Lo1:8 7, 8, 8A ANI> 9.
V\THEREAS,. D.R. Hortoll, lnc, by Lynne J. Strobel,. attomey-in-r3ct,. suhn"1itted
application No. .2-808-06-1 requesting a change in the zoning classification from R-2 to RPD
Residential Planned Development vv-ith proffers for the parcel identified above; and
V\THEREAS, the City Council has carerully considered the application, the
recommendation orthe Planning Commission and staff" and the testimony received at public
hearing; and
VYHEREAS, the City COLl.llcil has determined that the proposed rezoning is proper and
in accordance VV"ith the Comprehensive Plan as vvcll as vvith the pertinent provisions set forth
in the Code of Virginia and the Code or the City of Fairfax VirQinia;
NOVV, THEREFORE BE IT O=AINED, that the above described property be
rezoned from R-2 Residential to RPD Residential Planned Development vvith proffers.
BE IT FURTHER O=AINED, that the above described property be subject to the
follo'-Ving reasonable conditions authorized by City Code Sec1:ion 110-7" '-Vhich are proffered
by the proper1:y ovvners:
SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH J'vlA Y 11,
2007 AND APPROVED BY CITY COUNCIL ON J'vlAY 22,2007.
BE IT FURTHER ORDAINED" 1:hat 1:he above conditions" application package and
Rezoning Plat/Site Layout be approved.
The Zoning Administrator of the City is hereby directed to modify the Zoning lVlap to
shovv the changes in the zoning of these premises" including the existence of the proffered
conditions" and 1:he Clerk of the Council is directed to 1:ransmit duly certified copies of this
ordinance to the applicant" Zoning Administra1:or" and to the Planning Commission of this
City as soon as possible_
This ordinance shall be effective as provided by lavv_
Planning Commission hearing: Ma..y 21,. 2007
City Council hearing: l\.I1:ay 22" 2007
Adopted: J'vlay 22, 2007
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Date '
-',
ATTEST:
~~
Vote
Councilvvoman Cross
Councilman Greenfield
Coun..cilvvoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilvvoman VV"inter
Nay
Aye
Aye
Absent
Absent
Aye
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D.R. HORTON, INC.
PROFFERED CONDITIONS
MAY 1 6 Z007
D9pt of Community
Deveiopment /1 Planni""~1
May 11, 2007
Pursuant to Section 15.2-2303(a) ofthe 1950 Code of Virginia, as amended, and Section 110-
7(b) of the Zoning Ordinance of the City of Fairfax, Virginia, D. R. Horton, Inc. ("Applicant"), and
its successors and assigns, agree that the development of the property that is the subject of an
application for Zoning Map Amendment Z-808-06-1 filed by D. R. Horton, Inc., as amended, and
shown on City of Fairfax Tax Map 48-3((8)) 7,8, 8A and 9 (collectively, the "Property"), will be in
accordance with the following Proffered Conditions if the Zoning Map Amendment is granted and
the Property is rezoned to the RPD(p) District in accordance with Applicant's General Development
Plan, dated October 11, 2006, as amended through April 20,2007, showing fifteen (15) residential
units. The proffered conditions are:
1. GENERAL DEVELOPMENT PLAN
The general character ofthe development ofthe Property shall be in substantial conformance
with the General Development Plan (GDP), dated October 11, 2006, as amended through
April 20, 2007, prepared by The Engineering Groupe, Inc.
2. LANDSCAPING
a. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with Sheet 4 of 4 of the GDP. Large deciduous trees shall have a
minimum caliper of 3 inches, medium deciduous trees shall have a minimum height
of 6 to 8 feet and evergreen trees shall have a minimum height of 7 to 8 feet at time
of planting.
b. Landscaping planted on property owned by the City of Fairfax, subject to the receipt
of necessary permission, or on property dedicated to the City of Fairfax, shall be
maintained by the City.
c. The Applicant reserves the right to install an entry feature on the Property in
proximity to its access to Ridge Avenue. Said feature may include decorative walls
and/or fencing in addition to landscaping.
3. TRANSPORTATION
a. The Applicant shall dedicate right of way for an internal public street as shown on
the GDP. Dedication shall be made at time of site plan approval or upon demand by
the City of Fairfax, whichever shall first occur.
D. R. Horton, Inc.
b. The Applicant shall dedicate right of way along the Property's Old Lee Highway
frontage up to a width of 5 feet from centerline as shown on the GDP. Dedication
shall be made at time of site plan approval or upon demand by the City of Fairfax,
whichever shall first occur.
c. Each dwelling unit shall be constructed with a two car garage.
d. Subject to a determination by the City of Fairfax that sufficient pavement width
currently exists, the Applicant shall stripe a left turn lane within existing pavement on
Old Lee Highway at its access to Ridge Avenue. Said striping shall be completed by
the Applicant subsequent to a determination by the City of Fairfax, and in
conjunction with development of the Property. If a determination is not made by the
City prior to final bond release the Applicant shall have no further obligation under
this proffer.
e. The Applicant shall construct an inter-parcel connection for emergency vehicle
access at the terminus of Ridge Avenue to the adjacent parcel as shown on the GDP.
Said construction shall be contingent upon receipt of any necessary easements and/or
letters of permission from adj acent property owners. Said easements and/or letters of
permission shall be promptly obtained by the City of Fairfax and provided to the
Applicant prior to site plan approval, which shall not be delayed as a result of this
issue. If the easements and/or letters of permission are not provided prior to site plan
approval, the Applicant shall have no further obligation under this proffer.
f. In lieu of constructing a standard section of Ridge Avenue, the Applicant shall
construct a street section as shown on the GDP without a sidewalk on the south side
of Ridge Avenue.
g. The Applicant shall replace existing street lights on the north side of Ridge Avenue
with standard street lights. Said street lights shall be installed concurrently with the
construction of improvements to Ridge Avenue as described herein.
4. OPEN SPACE
The Applicant shall dedicate up to 1.12 acres of contiguous open space as shown on the GDP
to the City of Fairfax at time of site plan approval; or in the alternative, as determined by the
Applicant, shall convey the 1.12 acres of contiguous open space to the Homeowners
Association established for the Property. Said open space shall be conveyed subject to a
covenant that it remain undisturbed except as necessary for maintenance and removal of
dead, dying or diseased trees.
D. R. Horton, Inc.
5. HOMEOWNERS' ASSOCIATION
a. The Applicant shall form a Homeowners'
b. Association (HOA) for the Property. The HOA shall be responsible for maintenance
ofthe private street and adjacent sidewalk, stormwater management pond, retaining
walls and adjacent easement, open space (if owned by the HOA) as these features are
shown on the GDP. Further, the HOA shall be responsible for the enforcement of
restrictions on the Property. The Applicant shall notify all prospective purchasers in
sales literature and purchasers in writing at the time of settlement of these
maintenance responsibilities and restrictions. Maintenance responsibilities shall
include, but not be limited to, snow removal and travel aisle maintenance.
c. The Applicant shall disclose to prospective purchasers of proposed Lots 6 and 7,
prior to entering into a contract of sale, the easement and retaining wall located at the
rear of these lots.
6. PRIVATE STREET
At the time of site plan approval, the Applicant shall grant a public ingress-egress easement
to the City of Fairfax over the private street to permit access for trash collection, recycling
and emergency vehicles.
7. RESTRICTIVE COVENANTS
Restrictive covenants for the Property shall include, but not be limited to, the following:
1. No person will be allowed to construct any exterior structural improvements
(including accessory structures, decks and fences) without the review and approval by
the HOA, which shall be guided by architectural guidelines established by the
Applicant, the homeowners' association documents, and approval of the City's
Zoning Administrator and receipt of necessary building permits.
ii. 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. )
iii. The maintenance of the private street on the Property will be the responsibility of the
HOA in perpetuity, and said maintenance costs shall be shared as among all fifteen
(15) lots. The HOA shall obtain adequate liability insurance to protect against legal
claims that may arise from the maintenance ofthe private street. It is understood that
no request shall be made to have the private street taken into the City of Fairfax street
system.
D. R. Horton, Inc.
8. TREE PRESERVATION
The Applicant shall comply with the limits of clearing and grading and provide tree
preservation in general conformance to that shown on the GDP.
9. DESIGN
a. The houses to be constructed on the Property shall have facades of masonry, stone,
composition siding, shingle, or any combination of these materials. The front fayade of
the houses shall be masonry or stone. The sides and rears of houses visible from Old
Lee Highway and Ridge Avenue shall have architectural treatments, such as window
trim and shutters, similar to the front of the house.
b. The houses to be constructed on the Property shall generally conform in appearance to
the elevations shown on the GDP, with the understanding that final designs shall be
selected by the Applicant at time of site plan approval.
10. ARCHAEOLOGICAL STUDY
Prior to any land disturbing activities on the Property, the Applicant shall conduct a Phase I
archaeological study, to include metal detecting. The scope ofthe study shall be reviewed
with representatives of the City of Fairfax prior to commencement, and shall be conducted by
a qualified archaeological professional.
11. STORMWATERMANAGEMENT
On-site stormwater management shall be provided by the Applicant. Prior to any land
disturbing activities, the Applicant shall conduct an inspection of adjacent storm drainage
facilities with representatives of the Fairfax Oaks and Greater Oaks homeowners'
associations. During construction, the Applicant shall install a double super silt fence or
berm adjacent to Ridge Avenue to control erosion and sedimentation.
12. SUCCESSORS AND ASSIGNS
The Applicant, for itself, its successors and assigns, agree that these proffers shall bind the
future development ofthe Property, unless modified, waived or rescinded in the future by the
City Council, in accordance with applicable City of Fairfax and Commonwealth of Virginia
statutory procedures.
[SIGNATURE ON NEXT PAGE]
D. R. Horton, Inc.
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[SIGNATURE END]
{AOI15288.DOC / I Proffers 5/1 1/07003291 000056}
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