20040224 r-04-11RESOLUTION NO. R-04-11
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SETTLEMENT AGREEMENT WITH ARTERY CUSTOM HOMES, LLC, AND
METROPOLITAN LAND COMPANY, LLC, ARISING OUT OF PRIOR LITIGATION
WHEREAS, the City owns a fifty-foot (50') wide right-of-way between 10011 Mosby Road and
4210 Orchard Drive that has been designated by the City for open space/public park uses and connection to
the adjacent trail system (the "Right-of-Way"); and
WHEREAS, on July 24, 2002, Artery Custom Homes, LLC ("Artery") filed a preliminary
subdivision plat with the City proposing to subdivide 10011 Mosby Road and 4210 Orchard Drive into four
(4) lots fronting on a cul-de-sac constructed in the Right-of-Way; and
WHEREAS, on November 11, 2002, the Planning Commission denied Artery's preliminary
subdivision plat because the proposed lots did not have the required frontage on a public street; and
WHEREAS, on January 10, 2003, Artery and Metropolitan Land Company, LLC, filed suit
against the City requesting that the court approve the preliminary subdivision plat pursuant to the provisions
of Virginia Code Section 15.2-2260; and
WHEREAS, the City and Artery have negotiated a settlement agreement that contemplates Artery
filing a special use permit application and preliminary subdivision plat for a cluster subdivision consisting
of four lots, which preserves the City's 50' right-of-way for a park and trail.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Virginia, that the City Manager is authorized to enter into a settlement agreement with Artery Custom
Homes, LLC, and Metropolitan Land Company, LLC, whereby Artery will file a special use permit
application and preliminary subdivision plat for a cluster subdivision consisting of four lots, which
preserves the City's 50' right-of-way for a park and trail.
Adopted this 24th day of February, 2004.
Mayor
Date
ATTEST:
City Clerk
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthome Aye
Councilmember Winter Aye