19890425 1989-20ORDINANCE NO. ]989-20
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY
OF FAIRFAX BY AMENDING THE ZONING MAP TO RECLASSIFY FROM C-P-D (p)
COMMERCIAL PLANNED DEVELOPMENT (WITH PROFFERS) TO P-D (p) PLANNED
DEVELOPMENT (WITH PROFFERS) PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX
MAP PARCELS 57-4-((2))-23, 25, 25A, 26A AND 27A.
WHEREAS, the applicant has requested a change in the zoning classification
from C-P-D (p) to P-D (p) for the parcels described above and more specifically
described as follows:
Beginning at an iron pipe found on the northwestern corner of the tract
herein described, said pipe being on the easterly variable width right-of-way
line of West Drive; thence running with said easterly right-of-way line and with
the same line extended with Ardmore Subdivision, Section One N 31° 59' 00" E
875.57 feet to an iron pipe found, said pipe being a common corner to Tydings
and Rinker; thence departing said Ardmore Subdivision, Section One and running
with said Rtnker and with the same line extended with Musolino and Chain Bridge
Associates S 61° 35' 19" E 417.21 feet to an iron pipe found; thence continuing
with said Chain Bridge Associates N 32° 55' 00" E 35.53 feet to an iron pipe
found and S 57° 38' 00" E 55.25 feet to an iron pipe found, said pipe being on
the northerly variable width right-of-way line of Chain Bridge Road, Route #123;
thence departing said Chain Bridge Associates and running with said northerly
right-of-way the following courses and distances:
S 32° 17' 00" W 231.97 feet to an iron pipe found; S 61° 35' 00" E 10.02 feet
to an iron pipe found; 31 27' 36" W 314.75 feet to an iron pipe found; S 33° 31'
02" W 279.59 feet to an iron pipe found,
and said pipe being the aforementioned easterly variable width right-of-way line
of West Drive; thence departing said northerly right-of-way line and running with
said easterly right-of-way line N 71 08' 53" W 489.19 feet to the point of
beginning and containing 9.21864 acres more or less. Ail being more particularly
described on a plat attached hereto and made part hereof; and
WHEREAS; the applicant has requested a waiver of the commercial component
required by City Code Section 26-141(e)(2) to permit a completely residential
development; and
WHEREAS, the applicant has requested a variance of Section 26-141(b) to
permit the development proposed on the proffered General Development Plan; and
WHEREAS, the applicant has requested a variance of Section 26-141(d) which
permits a maximum impervious surface of fifty-five of the total gross acreage;
and
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 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 property be rezoned
from C-P-D (p) Commercial Planned Development (with proffers) to P-D (p) Planned
Development with the following proffers:
Subject to sound engineering practices and requirements dictated by
final engineering and/or public facilities manual constraints, the
applicant shall develop the property in general compliance with the
General Development Plan and Preliminary Site Plan approved as part
of this rezoning application.
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The applicant agrees to convey to the City of Fatrfax, tn fee simple,
the frontage required for road improvements and to construct those
road and right-of-way improvements as depicted on the General
Development Plan (G.D.P.) prepared by Berkus Group Architects and
LBA Limited, dated January 23, 1989. In the near future, the City
of Fairfax, plans to construct the remaining cross-section of Chaln
Bridge Road along the property frontage. In the event the City
begins construction of the preceding project prior to the applicant
building its one-half cross-section of Chain Bridge Road depicted
on the subject G.D.P., then the applicant agrees to pay one-half the
cost of constructing the planned four-lane divided Chain Bridge Road
section across the Bailiwick frontage in an amount not to exceed
$275,000. Such payment will be made at time of final site plan
approval or upon substantial completion of the project, which ever
occurs later.
The applicant further agrees to provide a cash contribution of $4,000
for the construction of the landscaped median that will front the
property in Chaln Bridge Road. Such payment will be made at time
of final site plan approval, provided the City has not yet begun
construction of the roadway improvements described in Proffer No.
2 in which case such cost shall be included in the applicant's one-
half share.
The applicant further agrees to provide a five-foot public easement
for the public sidewalk to be constructed along the Chain Bridge Road
and West Drive frontages. The Bailiwick Homeowners' Association wlll
assume responsibility for the maintenance of the sidewalk.
A bus turn-out in the form of an extended right turn lane will be
constructed along the Chain Bridge Road frontage north of West Drive,
as shown on the G.D.P.
A standard city bus shelter will be installed near the bus turn-out
as shown on the G.D.P.
The applicant will landscape 1ts property along the boundary with
the Ardmore Subdivision in substantial accordance with a landscape
plan to be approved at the time of final site plan approval. The
Bailiwick Homeowners~ Association will assume responsibility for
maintaining said landscaping.
The applicant agrees to construct an attractive sitting area adjacent
to the sidewalk to be provided on the west side of Chain Bridge Road,
at its intersection with Armstrong Street. The deslgn shall be in
general compliance with the G.D.P. approved as part of this rezoning
application. To the extent possible, the sitting area will
complement available plans for pedestrian improvements to the City
Hall side of Chain Bridge Road.
In conjunction with site development, a landscaped berm will be
designed and constructed by the applicant or its successors along
the east side of Chain Bridge Road on the City Hall property in
coordination with the City staff. The berm of approximately six foot
height will be designed to serve as a visual and noise barrier for
the City Hall yard andamphttheater. Landscaping will be compatible
with that provided along the west side of Chain Bridge Road as part
of The Bailiwick project. If the City requests it prlor to City
approval of the site plan submitted for the landscaped berm project,
a five-foot wide brick sidewalk running along Chaln Bridge Road will
be designed as part of the landscaped berm project.
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The subject sidewalk will be constructed by the applicant or its
successors in conjunction with the widening of the east side of Chaim
Bridge Road by others, for the approximate length of the landscaped
berm project described above.
Provided others construct a bus turn-out on the City Hall property
across from The Bailiwick, current designs for the landscaped noise
berm and brick sidewalk will be modified to accommodate construction
of a standard city bus shelter at the expense of the applicant or
its successors. This condition remains valid until December 31,
1990.
In conjunction with the Cityts road widening project for Chain Bridge
Road, a pedestrian signal will be added to the traffic light
installed at the intersection of West Drive and Chain Bridge Road
with the understanding that the applicantts cost is not to exceed
a maximum of $15,000.
To the extent possible, all utilities, installed on-site to serve
The Bailiwick project including but not limited to electrical power
and telephone will be concealed by placement underground. The
applicant also agrees to underground the existing utilities along
the north side of West Drive from the existing utility pole to the
common property line with the Ardmore subdivision. In conjunction
with the Route 123 improvements as outline in the above proffer #2,
the City of Fairfax plans to relocate the existing utility lines from
the northwest quadrant of the West Drive intersection with Chain
Bridge Road to the e&st side of Chain Bridge Road. Should the City
of Fairfax proceed with this relocation prior to development of The
Bailiwick, the applicant further agrees to extend undergrounding of
the existing overhead facilities across Route 123, if the necessary
underground conduits for the subject utilities are installed in
conjunction with the City's planned improvements to Route 123.
A temporary six-foot chain link fence adjacent to the Ardmore
Subdivision will be installed during construction. In addition,
contracts with subcontractors will require that they instruct their
personnel to refrain from using the Ardmore Subdivision to gain
access to the site.
The applicant proffers that the pavement depth of internal access
ways will be constructed to local street standards as specified in
Section 21-8 (b)(2) of the City Code.
Pursuant to an on-site meeting held March 28, 1989, with City staff,
the applicant agrees to use accepted landscape practices in
practicable efforts to (a)protect in place the two maple trees
located in the northeast corner of the site; (b) transplant two Holly
trees to open space located within the proposed project; (c) at the
applicant's discretion, protect in place any significant trees
located at the northwest corner of the site; and (d) protect in place
one poplar tree located at the northern end of the west property
line. Prudent landscape practices will be followed, including: use
of a horticulturist to oversee the tree protection and relocation
work; pruning and fertilizing affected trees; providing screening
fences during construction; and consulting with the City Arborist
on the above.
The applicant agrees that decks along the Ardmore Subdivision
boundary shall be limited to the ground level within the fenced in
yard for any unit opposite a home in the Ardmore Subdivision, which
home is located nearer than 37 feet from the property line unless
the Ardmore property owner has no objection to the deck. This
condition does not preclude construction of lofts or balconies of
the type illustrated on the development plan, either open or
enclosed, the typical footprint of which is illustrated on the
subject G.D.P.
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At the time of review by the Board of Architectural Review, applicant
agrees to provide for amenity lighting for the landscaped berm
project on the City Hall property (Proffer 9 above) of a style
compatible with comparable lighting installed in Inns of Court.
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The applicant agrees that it, or its successors, will not apply to
the Board of Zoning Appeals or other public authorities for variances
or waivers from these proffers.
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The applicant agrees to notify prospective purchasers in sales
literature and purchasers in writing at settlement of the
homeowners's responsibility for maintenance of common areas,
including the private streets.
BE IT FURTHER ORDAINED that a waiver of the required commercial component
be granted, and the General Development Plan and Preliminary Site Plan be
approved.
BE IT STILL FURTHER ORDAINED that the variance requested from the
provisions of Section 26-141 (b) be approved to permit the development proposed
on the proffered General Development Plan.
BE IT STILL FURTHER ORDAINED that the variance requested from Section 26-
141 (d) be approved to permit important impervious surface not to exceed fifty-
five percent of the total gross acreage of the development.
This Ordinance shall take effect immediately upon its adoption.
PLANNING COMMISSION HEARING:
March 13. 1989
ADOPTED BY CITY COUNCIL:
April 25, 1989
ATTEST:
City ~l~r~