19891212 1989-52ORDINANCE NO. 1989 - 52
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE CITY OF FAIRFAX BY AMENDING THE ZONING MAP TO
RECLASSIFY FROM R-l, RESIDENTIAL, TO RPD(p), RESIDENTIAL
PLANNED DEVELOPMENT (WITH PROFFERS), PROPERTY IDENTIFIED
AS CITY OF FAIRFAX TAX MAP PARCELS 58-3-((6))-3 AND 4.
WHEREAS, A & M Homes, Inc., submitted application No. Z-736-
89-1 requesting a change in the zoning classification from R-1 to
RPD(p) for parcels 3 and 4 identified above, and more specifically
described as follows:
Beginning at a point lying in an easterly line of Burke
Station Road, State Route No. 652, said point being a corner
with Lot 2A, Holly Park and also being the northwesterly
corner of the land herein described; thence from the point of
beginning and running with the line of said Lot 2A S88°30'41"E
482.00 feet to a corner with Lot 24, Holly Park; thence with
the line of said Lot 24 S01°29'19"W, and the same course
continued with the line of Lot 23, a total distance of 452.40
feet to a corner with Lot 22B and Lot 5, Holly Park; thence
with the line of said Lot 5 N88°30'41"W 482.00 feet to a point
lying in aforesaid easterly line of Burke Station Road; thence
with said easterly line of Burke Station Road N01°29'19"E
452.40 feet to the point and place of beginning, containing
5.0058 acres of land.
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 the pertinent provisions set forth in the Code of
Virginia and the Code of the City of Fairfax;
NOW, THEREFORE BE IT ORDAINED, that the above described
)erty be rezoned from R-I, Residential, to RPD(p), Residential
Planned Development (with proffers) and the preliminary site plan
be approved subject to the following reasonable conditions
authorized by City Code Section 26-148.23, which are proffered by
the property owner:
1. The Property which is the subject of this rezoning
application shall be developed in substantial conformance with
the General Development Plan/Preliminary Site Plan dated
October 19, 1989, and revised November 1, 1989, prepared by
Rinker-Detwiler and Associates; provided, however, that minor
modifications shall be permitted when necessitated by sound
engineering or architectural practices.
2. The applicant or his successor shall dedicate to the City
of Fairfax five feet along the entire Burke Station Road
frontage of Ridgecrest, said dedication to occur at the time
of final site plan approval or earlier if required in writing
by the City.
1989-52 -2
3. The applicant or his successor shall construct a three to
four foot wide wood chip trail which will meander through the
common open space area.
4. The applicant or his successor shall construct at its sole
expense a 30-foot pavement section face of curb to face of
curb with sidewalks on both sides for all private accessways
as shown on the General Development Plan/Preliminary Site
Plan. All sidewalks and private accessways shall be
constructed (subgrade and pavement thickness) to local street
standards as specified in Section 21-8(b) (2) of the City Code.
5. The applicant or his successor shall notify all
prospective purchasers in sales literature and purchasers in
writing at settlement that the streets, sidewalks and
accessways are private and shall be the homeowner's
responsibility for maintenance of these and the common areas.
This notification shall be sent to the City Zoning
Administrator and reviewed to ensure that it complies with
this proffer before it is disseminated to prospective
purchasers.
6. Trash refuse shall be provided by a private service
contracted by the Homeowners Association of this development.
7. Ail decks, swimming pools, and fencing must be approved
by the Homeowners Association of this development prior to
construction. The nature and extent of such site amenities
shown on the General Development Plan/Preliminary Site Plan
are typical options.
8. Except as may be necessary for the installation of
utilities, stormwater management facilities, road, trails and
appurtenances, limits of clearing and grading will be in
accordance with the General Development Plan/Preliminary Site
Plan; such limits will be marked on the ground with filter
fabric or equivalent demarcation prior to clearing and grading
and at all times during construction.
9. Existing individual trees shown on the Tree Preservation
Plan/Preliminary Grading Plan will be marked for preservation
prior to clearing and grading and at all times during
construction. Clearing limits around such trees will be
marked on the ground with filter fabric or equivalent
demarcation prior to clearing and grading and at all times
during construction.
Should any existing individual tree shown on the Tree
Preservation Plan/Preliminary Grading Plan not survive the
two-year warranty period, the applicant will replace such tree
with one tree of the same species with a caliper of not less
than three and one-half inches (3 1/2") except that the
applicant may substitute trees of different species with the
advice and consent of the City Arborist.
10. The applicant or his successor shall form a Homeowners
Association which will enforce restrictive covenants for the
property, including but not limited to, the following:
1989-52 -3
A. No accessory outbuildings such as backyard
maintenance sheds shall be allowed on any individual lot.
B. No fencing or masonry walls shall be constructed
along any property lines where the adjoining property is
considered a front yard.
C. Maintenance, including snow plowing, will be provided
by the Homeowners Association for approximately 130 feet
from Cresence Way on the access easement.
D. No person will be allowed to remove, relocate or
destroy any tree designated to be preserved when such
tree is located on any private lot without approval of
the Homeowners Association.
11. The applicant or his successor will provide landscaping
within Lot 4 similar to Typical Screen C in accordance with
the City of Fairfax Zoning Ordinance and as shown on the
General Development Plan/Preliminary Site Plan.
12. The applicant or his successor shall install a private
sprinkler system for the single-family residence to be located
on proposed Lot 18, as shown on the General Development
Plan/Preliminary Site Plan.
13. The applicant or his successor agrees that it shall not
apply to the Board of Zoning Appeals or other public agencies
for variances or waivers from these proffers.
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 that 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 take effect immediately upon its passage
by the City Council.
PLANNING COMMISSION HEARING: November 13, 1989
CITY COUNCIL HEARING:
December 12, 1989
ADOPTED:
December 12, 1989
ATTEST:
Clty Clerk