19890328 1989-12ORDINANCE NO. 1989 - 12
AN ORDINANCE TO ADD ARTICLE IX. 1 TO CHAPTER 26 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA ENTITLED RPD - RESIDENTIAL
PLANNED DEVELOPMENT
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Section
26-8 of the City Code is amended to incorporate the following:
"(7.1) RPD. The Residential Planned Development district is intended to provide for a
wide range of residential development options through flexibility in return for a higher
degree of review and regulatory authority by the City Council in the insurance of the
public health, safety, convenience and welfare. More specifically, this district is
established to promote:
a. The preservation of natural site features;
b. The provision of natural open space;
c. Innovative residential development of superior quality;
d. The efficient use of land;
e. Residential development and redevelopment of inflll sites;
f. Implementation of the Comprehensive Plan."
BE IT FURTHER ORDAINED that Article IX.1 be added in its entirety as follows:
"Article IX. 1 RPD - Residential Planned Development
Sec. 26-148.20 Permitted Uses--By Right.
The following uses are permitted by right, subject to the review and approval specified
in this article:
(a)
(b)
By right uses permitted in the R-3 Residential District;
Single-family attached dwellings, provided that each building group
shall contain no more than four (4) such dwellings;
Sec. 26-148.21 Uses Permitted--With Special Use Permit.
The following uses may be permitted with a special use permit as provided in Article II
Division 13:
(a) Uses permitted by special use permit in the R-3 Residential District.
Sec. 26-148.22 Bulk and lot area requirements.
(a) Area: No minimum tract area is specified, subject to the application of
the standards set forth in Sec. 26-148.24.
(b) Setbacks: An open space area at least twenty-five (25) feet in width
shall be provided around the perimeter of each RPD development. Setbacks for
individual lots within the development shall be determined in accordance with the
standards established in Section 26-148.24; provided, however, that each lot within
the development shall have a minimum front yard of twenty (20) feet and a minimum
rear yard of twenty (20) feet, unless modified through the application of Section 26-
148.27.
(c) Height: The height of structures shall be compatible with adjacent
developments and consistent with the character of the general area, but shall not exceed
three (3) stories or thirty-five (35) feet.
(d) Coverage: The maximum permitted coverage by all impervious
surfaces shall be fifty (50) percent of the gross tract area. Area used for swimming
pools, bathhouses, tennis courts and other hard-surfaced outdoor recreational space, to
the extent that it does not exceed five (5) percent of the gross tract area, shall not be
calculated as covered area. Within the development, a contiguous common or public
1989-12 -2
open space area shall be provided consisting of at least ten (10) percent of the gross
tract area.
(e) Density: The maximum permitted density shall be as indicated on the
City's Future Land Use Map in conjunction with the application of criteria contained in
the Comprehensive Plan.
Sec. 26-148.23 Procedures.
(a) Preliminary submission. A potential applicant who wishes to apply for
change of zoning of property to the RPD district may, in advance of filing an official
application, submit a conceptual plan to the Director of Community Development and
Planning (the Director) and request a hearing before a joint public meeting of the city
council and the planning commission for the purpose of guidance and comment
concerning proposed development. No official action or commitments shall be made
by either the planning commission or the city council at said meeting.
(b) Official submission. In addition to the general filing requirements for
all applications for change of zoning, the applicant shall submit the following:
General development plan. The general development plan shall
indicate the following:
g.
h.
i.
j.
k.
1.
m.
n.
Total site area.
Proposed land use in each of the following categories:
detached single-family residential, attached single-
family residential, open space and other uses.
Proposed lot arrangements, building locations, uses,
setbacks, building heights, gross density and number of
dwelling units.
Proposed schedule of development.
Proposed site coverage by impervious surfaces.
Proposed number of parking spaces and the location
and dimensions of all parking areas.
Proposed methods of landscaping and screening.
Proposed methods of internal circulation, ingress and
egress and vehicle trip generation estimates.
Existing topography at five (5) foot minimum contour
intervals.
Proposed improvements within adjacent public rights-
of-way.
Proposed locations and dimensions of pedestrian
walkways and bicycle trails.
Proposed location and area of common and public open
spaces.
Covenants: The developer shall provide for and establish an
organization or other legal entity for the perpetual ownership
and maintenance of any common open space and other
uncovered areas designated on the general development plan,
including pedestrian ways, play lots, swimming pools,
bathhouses, tennis courts, parking lots and roads. Such
organization shall be created by covenants running with the
land, and such covenants shall be submitted as an attachment to
the rezoning application and shall be subject to approval by the
city attorney and the city council.
Additional information: In addition to the information required
above, the applicant shall submit a study of the anticipated
revenues to the City, the cost to the City to maintain and service
the proposed development, and other pertinent information
pertaining to the economic feasibility of the proposed
development. Such study shall be consistent with the format
provided by the Director.
1989-12 -3
(c) Review and approval of general development plan, Upon
determination by the Director that the content of the general development plan is
complete in accordance with the above requirements, the plan and application shall be
evaluated by the City staff and submitted to the planning commission with its
comments and recommendations.
The planning commission shall promptly consider the general
development plan and the rezoning application and hold a public hearing thereon in
accordance with the standards hereinafter set forth and in accordance with the
provisions contained in the Code of Virginia.
Within ninety (90) days of receipt by the planning commission of the
general development plan and application for rezoning, the planning commission shall
transmit the plan and application to the city council with a recommendation for
approval, approval with modification or disapproval of said plan.
The city council shall consider the general development plan and
application for rezoning and hold a public hearing thereon in accordance with the
standards hereinafter set forth and in accordance with the provisions contained in the
Code of Virginia.
The city council shall approve, approve with modifications or
disapprove the general development plan and application for rezoning within thirty
(30) days after a public heating thereon, upon determination that said plan complies
with the standards hereinafter set forth. In approving a plan, the city council may
establish conditions or require modifications to assure compliance with said standards,
and may further waive or modify subdivision requirements otherwise applicable to the
development when such waiver or modification is not in conflict with said standards.
If a general development plan is disapproved by the city council, the
application for rezoning shall be deemed to be denied. If a general development plan is
approved with modifications, the city council may continue the public hearing on the
rezoning application to a date certain to permit the applicant to amend the general
development plan in accordance with such modifications.
(d) Procedure for final site plans. Approval of the application for rezoning
and general development plan shall constitute authority for the applicant to prepare
final site plans in accordance with the standards established below and in conformity
with the approved general development plan. Approval of said final site plans shall be
in accordance with Article 11, Division 4 (Site Plans), except as follows:
Separate final site plans shall be submitted for each
development stage or unit as set forth on the approved general
development plan.
A final site plan for a particular development stage or unit other
than the fin'st shall not be approved until the final site plan has
been approved for the immediately preceding stage or unit.
Minor deviations from the general development plan shall be
permitted in the final site plan if the Director determines that
such deviations are necessary due to requirements of
topography, drainage, structural safety or vehicular circulation,
and such deviations will not materially alter the character of the
approvedgeneral development plan. In no case shall such
deviations include the elimination of any building shown or the
addition of any building not shown on the approved general
development plan. Neither shall such deviations increase the
density or alter the height or setback limitations. Any changes
not authorized by this paragraph shall require resubmission of
the general development plan in accordance with the procedures
contained herein.
If a final site plan is not approved within eighteen (18) months
from the date of approval of the general development plan,
approval of the general development plan and consequent
1989-12
-4
authority to submit a final site plan shall terminate, and
development shall require resubmission of a general
development plan in accordance with the procedures contained
herein.
Sec. 26-148.24 Standards,
The following standards shall be applied in the evaluation of the rezoning
application and general development plan:
(a) The development shall afford adequate protection to adjacent and
surrounding properties, provide harmonious internal development, provide safe and
efficient internal circulation and ingress and egress, shall be designed so that
development will not adversely affect the health, safety or general welfare of persons
residing or working in the proximity. In addition, the development shall not be
detrimental to the public welfare or injurious to property or improvements in the
neighborhood, and shall be in accord with the purposes of this chapter and the
comprehensive plan.
(b) The area included within any single RPD district shall be sufficient in
size to justify planned development of the entire area as a unit in furtherance of the
proposes of this chapter. The minimum area required may vary from case to case in
order to assure compliance with these standards and to promote the objectives of this
chapter.
(c) The permitted height of buildings, required setbacks from property
lines and required distances between structures within an RPD development shall be
determined in the context of the general development plan as a whole, adjacent
buildings and uses, the guidance provided by the comprehensive plan and the
standards contained in this Article. The maximum heights permitted and the minimum
setbacks required may vary from case to case in order to assure compliance with these
standards and to promote the objectives of this chapter.
(d) Fences, walls or vegetative screening shall be provided at the perimeter
of RPD developments where necessary to screen improvements, glare, uses or other
influences which may have an adverse impact either On the proposed development or
on adjacent property.
(e) Principal vehicular access to RPD development shall be from streets
capable of supporting the traffic that will be generated by the planned development.
Access points shall be designed to provide efficient traffic flow with controlled turning
movements and minimize hazard to vehicular and pedestrian traffic. Merging and
turnout lanes and traffic dividers shall be provided where existing and anticipated
heavy flows of traffic indicate such need.
(f) Pedestrian access shall be arranged to provide safe and convenient
routes to and from the planned development. Pedestrian access routes within the
development need not be located adjacent to or in the vicinity of vehicular access
routes.
(g) On-site paths shall be provided in accord with the City's existing and
proposed bikeway and pedestrian systems.
(h) Vehicular and pedestrian traffic visibility shall be preserved so that no
impediment or visibility between two and one-half (2 1/2) and seven (7) feet above
center line grades shall exist at the intersection of any street within a planned
development or at its perimeter, within the triangle beginning at the intersection of
right-of-way edges (projected if round comers exist), thence fifty (50) feet along said
edges, then along the line connecting those two points.
Sec. 26-148.25 Subdivision.
Nothing in this article shall prohibit the subdivision of land within an RPD
district for purpose of sale; provided, however, that any owner proposing to subdivide
property wholly or partly within an RPD district shall produce satisfactory evidence
that such subdivision will not violate any of the standards contained in this chapter.
1989-12 -5
Requirements pertaining to the submittal and approval of preliminary subdivision plats
are hereby waived, provided that the final subdivision plats are consistent with the
approved general development plan. Covenant documents assuring the continued
common use of all common areas identified on the general development plan shall be
approved by the city attorney and recorded among the land records of Fairfax County,
Virginia, at the time the approved final subdivision plat is recorded.
Sec. 26-148.26 Improvements,
All uses permitted in this district are subject to the installation of curbs, gutters,
storm drainage structures, sidewalks, entrances and exists, and approval thereof by the
Director of Public Works.
Sec. 26-148.27 Variance,
Where by reason of exceptional shape or area, exceptional topographic
conditions, conditions created by a condemnation, or other extraordinary or
exceptional situation or condition, where the application of any requirement of this
chapter would result in peculiar and exceptional practical difficulty or hardship upon
the developer or owner of such property, the planning commission may recormnend
and the city council shall have the power to grant a variance from any requirements of
this chapter to relieve such difficulties or hardships, provided such relief can be
granted without substantially impairing the intent and purpose of this chapter. The
board of zoning appeals shall have no authority to vary the provisions of this chapter
as they relate to the RPD district.
Sec. 26-148.28 Amendments to final site plan
An amendment to the approved final site plan may be permitted by the city
council upon application submitted by the owner or contract owner of the lot to which
the amendment is applicable. Such amendment shall not materially alter the final site
plan, eliminate any building shown on the approved f'mal site plan, add any building
not shown on the approved final site plan, increase the density, alter the height or
setback limitations, be contrary to the public interest, impair the intent or purpose of
this chapter or have a significant adverse affect on any property adjacent to the lot to
which the amendment is applicable.
An application for such an amendment shall be submitted to the Director and
heard by the city council at a public hearing. The hearing shall be advertised and the
lot posted in the same manner as a rezoning application.
This Ordinance shall be effective immediately upon its adoption.
HEARING BEFORE THE PLANNING COMMISSION: February 27, 1989
HEARING BEFORE CITY COUNCIL: March 29, 1989
ATTEST:
March 29, 1989