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19850226 1985-4ATTACHMENT 6 City Council City of Fairfax ORDINANCE No, 1985- 4 AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX BY AMENDING THE ZONING MAP. TO RECLASSIFY FROM R-2 (RESIDENTIAL) TO RT-6 (TOWNHOUSE) WITH PROFFERS, PROPERTY LOCATED AT 3280 OLD LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 48-3-(8)-6. WHEREAS, the Fairfax Circle Partnership has submitted app- lication No. Z-642-79-2 requesting a rezoning from R-2 to RT-6 with proffers for a parcel of land consisting of 4.27 :acFes 1,o- cated at 3280 Old Lee Highway, south of the Accotink Creek; and WHEREAS, the City Council has carefully considered the rec- ommendation of the Planning Commission and staff and the testi- mony received at public hearing; and WHEREAS, the City Council has determined that the proposed rezoning is consistent with the future land use plan and will not adversely affect the character of the area; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Fairfax on this the 26th day of February , 1985 that appli- cation Z-642-79-2, together with the proffers submitted by the City of Fairfax, be and hereby is approved for the aforesaid land specifically described as follows: Beginning at a point at the intersection of the northwesterly, right-of-way of Old Lee Highway, Route 237, variable width, with the northerly right- of-way of Ridge Avenue, undeveloped, 50 foot wide; thence, leaving the said Old Lee Highway and with the said Ridge Avenue, N 440° 51' 30" W 520.21 feet and N 59° 51' 30" W 166.88 feet to a point marking the inter- section of the said northerly right-of-way of Ridge Avenue with the easterly right-of-way Park Street, un- developed, 50 feet wide; thence, leaving the said Ridge Avenue and with the said Park Street N 09° 58'00" E 231.55 feet to a point marking a southwesterly corner of the now or formerly Parcelles property; then leaving the said road and with the southerly property line of the said Parcelles property S 80° 02' 00" E 67.00 feet to a point marking a southwesterly corner of Parcel A, Section 2, East Fairfax Park; thence, w~th the said Par- cel A, S 680 09' 10" E 49.98 feet, S 55~ 31' 20" E 52.29 feet, S 45 32' 50" E 279.21 feet, S 56u 0~' 10" E 123.52 feet, S 610 01' 30" E 138.08 feet and S 58u 34' 20" E 138.21 feet to a point on the aforementioned northwesterly side of Old Lee Highway; thence, leaving the said Parcel A and with the said road with a curve to the right whose radius is 1377.39 feet an arc distance of 95.47 feet, S 260 16' 15" W 31.26 feet and with a curve to the right whose radius is 1389.39 feet an arc distance of 184.25 feet to the point of beginning and containing 4.2729 acres of land. 1985-4 -2- ATTACHMENT 6 'Page2 BE IT FURTHER ORDAINED that the above described property be and hereby is, rezoned from the R-2 to the RT-6 zoning dis- trict, subject to the following reasonable conditions proffered by the applicant and property owner: 1. The development of the subject property shall be in substained accordance with the Illustrative Development Plan entitled "East Fairfax Park" dated March 1982, revised February ll 1985 prepared by J. E. Rinker & Associates, P.C., which plan is proffered. 2. The.maximum number of units will not exceed 19 units and the use of the units and subject property shall be ex- clusively for townhouse dwelling units with no use of the subject property for any special use permit uses as allowed by Section 26-118 of the Zoning Ordinance of Fairfax City, Virginia. 3. All of the 19 dwelling units shall have two car garages, which shall not be converted t.o any other use than that of storage and parking of motor vehicles. 4.' The applicant shall form a homeowners association which will enforce restrictive covenants for the property, including the following: A. No motor vehicles, boat, boat.trailers, house trailer or any similar items shall be stored in or upon any lot except that a private passenger type motor vehicle may be stored in the garage. B. No temporary building, trailer, garage, or building in the course of construction or other temporary structure shall be used, temporarily, or permanently, as a residence on any lot. C. No lumber, metals, bulk material, refuse or trash shall be kept, stored or allowed to accumulate on any lot, except building materials during the course of construction of any approved structure. If trash or other refuse is to be disposed of by being picked up and carried away on a reg- ular and recurring basis, containers may be placed in the open, on any.day that a pick-up is to be made, in such a place so as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so that they cannot be seen from adjacent and surround. ing property. The Architectural Committee of the homeowners association, in its discretion, may adopt and promulgate rea- sonable rules and regulations relating to the size, shape, color and type of containers permitted and the manner of storage of the same on the lots. 5. Improvements along RT. 237 as shown on the Illustrative Development Plan' (including the right turn only lane for south- bound traffic turning into the subject property) shall be con- structed by the applicant. 1985-4 ATTACHMENT 6 Page 3 -3- 6. Parcel A as shown on the Illustrative Development Plan shall be dedicated to the City of Fairfax (such parcel being a portion of the Accotink Creek) and further the residual land which is not occupied by lots or required open space shall be ded- icated to the City of Fairfax, Virginia. If the City of Fairfax, Virginia, chooses not to accept this dedication, it shall be con- veyed to a homeowners association for ownership and maintenance. 7. The applicant shall construct a driveway leading from Ridge Avenue to the Whitman garage, a distance of approximately 130 feet. A berm shall be constructed in the existing Ridge Avenue right-of-way to preclude entry at that location. Grading and landscaping within the existing right-of-way and on the front of the Whitman parcel shall be provided by the applicant as shown on the Development Plan dated February 1985. 8. Applicant agrees that it, and its successor, will not apply to the Board of Zoning Appeals or other public authorities for variances or waivers from these Proffers. 9. The applicant agrees to construct to city standards the 6 foot trail shown on the plan designated "Proposed 6 foot bike trail to be built by the City of Fairfax" I0. The applicant shall plant six pine trees on the property of Great Oaks Homeowners Association at the time of obtaining the first building permit. ll. The Homeowners Association shall maintain the 22 foot section of Ridge Avenue until such time as it is accepted by the City of Fairfax or the Virginia Department of Highways into their systems. These regulations shall apply to the subject property as if the same were a part of the regulations provided for the RT-6 zoning district and any person violating such conditions shall be punished as provided in Section 26-7 of the Zoning Ordinance. BE iT STILL FURTHER ORDAINED that the Zoning Administrator of the City is directed to modify the Zoning Map to show the change in the zoning of these premises, including the existence of the conditions, and that the clerk of the council is directed to transmit duly certified copies of this ordinance to the appli- cant, Zoning Administrator, Planning Commission, and Real Estate Assessor of this City as soon as possible. This ordinance shall take effect immediately upon its passage by the City Council for the City of Fairfax, Virginia. Adopted: Februar~ 26, 1985 1985-4 ATTACHMENT 6 Page 4 -4- Public hearing before Planning Commission: Public hearing before City Council: ATTEST: _~' ~ January 28. 1985 February 26, 1985