19890314 1989-5ORDINANCE NO. 1989-5
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF
THE CITY OF FAIRFAX BY AMENDING THE ZONING MAP TO RECLASSIFY
FROM R-3, RESIDENTIAL TO PD(p), PLANNED DEVELOPMENT (WITH
PROFFERS) PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-
4((2))-13D AND A PORTION OF 13C.
WHEREAS, On the City Council's motion, a change in the zoning classification is
requested from R-3 to PD(p) for parcel 13D and a portion of 13C identified above and
more specifically described as follows:
Beginning at a point on the Southeasterly line of Chain Bridge Road (Route 123);
said point being S 74' 10' 05" E. 4.26 feet from a Westerly comer of the Industrial
Development Authority of Fairfax County; thence departing Chain Bridge Road and
running with the Southerly line of the said Industrial Development Authority and
continuing through the property of the said Industrial Development Authority and
continuing with the Southerly line of the said Industrial Development Authority S 74'
10' 04" E, 841.22 feet to a point marking a Westerly comer of Lot 48, Section 2,
Fairfax Towne Estates; thence running with the westerly lines of the said Fairfax Towne
Estates the following courses: S 36' 40' 50" E, 81.42 feet; S 44' 35' 50" E, 178.41
feet; S 16' 40' 40" W, 133.10 feet; with a curve to the left whose radius is 425.00 feet
(and whose chord is S 78' 39' 40" E, 79.09 feet) an arc distance of 79.20 feet and S 06°
00' 00" W, 150.72 feet to a point on the Northerly line of School Street; thence running
with the Northerly lines of School Street; the following courses: S 80' 21' 53" W, 14.53
feet; S 09° 38' 07" E, 10.00 feet and S 80° 46' 55" W, 449.89 feet to a point; thence
running with the Northerly line of School Street and continuing with the Easterly line of
the aforementioned Industrial Development Authority N 09° 22' 59" W, 513.53 feet to a
point; thence running through the property of the said Industrial Development Authority
N 74° 10' 04" W, 224.20 feet to a point on a Northwesterly line of the said Industrial
Development Authority; thence running with the Northwesterly and Northerly lines of
the said Industrial Development Authority S 29° 13' 56" W, 153.79 feet and N 87° 05'
51" W, 364.56 feet to a point on the aforementioned Southeasterly line of Chain Bridge
Road; thence running with the Southeasterly line of Chain Bridge Road N 28° 30' 47"
E, 394.96 feet to the point of beginning, containing 9.28 acres of land.
All being more particularly described on a plat attached hereto and made a part
hereof; and
WHEREAS, a variance from City Code Section 26-141(d) is necessary in order to
accommodate 40 visitor parking spaces on site; and
WHEREAS, the property owner has secured permission and will construct
landscaped screening off-site as indicated on the General Development Plan; 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 R-3 Residential to PD(p), Planned Development (with proffers) and the
preliminary site plan be approved with the addition of a pedestrian accessway via
Cleveland Street; with a variance to allow 54% impervious surface rather than the
maximum of 50% impervious surface permitted by City Code Sec. 26-141(d); and with
1989-5 -2
a waiver of the required commercial component, subject to the following reasonable
conditions authorized by City Code Section 26-143(e), which are proffered by the
property owner;,
1. The Property which is the subject of this rezoning application shall be developed
in general conformance with the General Development Plan/P~li~nary Site Plan dated
December 23, 1987 and revised January 20, 1989, prepared by Dewberry and Davis;
provided, however, that minor modifications shall be permitted when necessitated by
sound engineering or architectural practices.
2. The general character of the development on the Property shall be as indicated
on the following drawings and photograph submitted by the Applicant;
a) "Front Elevation" dated 1/11/88 by Lessard Architects and Landplanners.
b) "Streetscape" dated November 1988 by the Forte Group.
c) "Site Amenities" dated 1/11/88 by Lessard Architects and Landplanners.
3. The Applicant shall relocate underground the overhead power lines that currently
exist across the Chain Bridge Road frontage of the Property, and shall provide street
trees, bicycle trail/sidewalk and lighting standards along its Chain Bridge Road frontage
in accordance with City standards as adopted from the Rhodeside study. However, in
no event shall the Applicant be required to expand more than $140,000 for said
undergrounding and street frontage amenity improvements.
4. The Applicant shall make every effort to retain existing trees which are
approximately six (6) inches or more in diameter at the three general locations on or
adjacent to the "School Street" portion of the property illustrated on the General
Development Plan/Preliminary Site Plan and more specifically described as: a) the area
designated as "park"; b) the open space areas immediately south of Cleveland Street; and
c) the 25' landscaping strip located on the adjacent property. If said existing trees are
designated by the Applicant for removal due to grading, drainage or other utility
construction, Applicant will replace said trees with species and caliper of material
reasonable available pursuant to the recommendation of the City Arborist. Carr will
cooperate with the City Arborist to preserve those trees on the Property which are
identified by the Arborist as worth saving in a manner prescribed by the Arborist.
5. The Applicant shall provide a 30-foot pavement section face of curb to face of
curb with sidewalks on both sides for all private streets in the development. All private
streets will be constructed (sub grade and pavement thickness) according to City local
street standards specified in Section 21-8 of the Code of the City of Fairfax. Applicant
will disclose to ail prospective purchasers that all streets and sidewalks are private with
responsibility for maintenance belonging to all homeowners; said disclosure to be
reviewed and approved by the City Zoning Administrator prior to its dissemination to
prospective purchasers.
6. The Applicant will incorporate along the north side of the existing pavement
section of Cleveland Street from University Drive west to the Property boundary a 12-
foot access way to facilitate ingress/egress for emergency vehicles only. If required
and/or desired by the City, Can' will relocate the driveway for the residence at 4222
University Drive for entry directly from University Drive. If the driveway is not
relocated, the emergency access may be used by the property at 4222 University Drive
for access purposes only to the existing driveway. No parking will be allowed on the
emergency access road. The remainder of the Cleveland Street right-of-way will be
converted by the City, at its option and sole expense to a public park.
7. The Applicant will dedicate the necessary property across its Chain Bridge Road
frontage for the widening of Chain Bridge Road; said dedication to occur at the time of
final site plan approval or earlier if requested in writing by the City.
8. The Applicant will provide a bus shelter constructed pursuant to City standards
for a bus stop to be relocated from the front property line of 4222 University Drive to the
front property line of 4226 University Drive. The City shall be responsible for obtaining
any and all authorizations from the appropriate public agencies, if necessary, for
relocation of the bus stop.
This Ordinance shall take effect immediately upon it passage by the City Council.
1989-5 -3
February 13, 1989
Planning Commission Hearing
March 14, 1989
Adopted by City Council
Attest:
City ~l~rl~