19911022 1991-26ORDINANCE NO. 1991-26
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 RPD(p), RESIDENTIAL PLANNED
DEVELOPMENT (WITH PROFFERS) PROPERTY IDENTIFIED AS CITY OF
FAIRFAX TAX MAP PARCELS 58-4-((28))-1 THROUGH 8.
WHEREAS, Homebuilders Investment Ltd. Partnership and
Bramwell and Colleen Kielsgard, submitted application No.
Z-740-91-1 requesting a change in the zoning classification from
R-3 to RPD(p) for parcels 1 through 8 identified above, and more
specifically described as follows:
Beginning at a point in the southerly line on Sager Avenue,
said point being the northeasterly corner of Lot 1, Maple
Hill Subdivision and also being the southeasterly corner
of the property herein described; thence with Maple Hill
Subdivision S47040,03,,W, 476.00 feet to a point at the
northeasterly corner of Lot 9, Green Acres; thence with
Green Acres the following three (3) courses and distances:
(1) N42~9'57"W, 182.56 feet to a point; thence
(2) N47040'03"E, 251.00 feet to a point; thence
(3)
N42019'57"W, 225.00 feet to a point in the south-
easterly line of Barbour Drive; thence with Barbour
Drive N47040,03,,E, 225.00 feet to a point in the
southerly line of Sager Avenue; thence with Sager
Avenue S4~ 19'57"E, 208.71 feet to the point in the
northerly line John Trammell Court; thence with John
Trammell Court the following nine (9) courses and
distances;
(1)
along the arc of a curve to the right having a
radius of 25.00 feet, an arc length of 39.27 feet
and a chord bearing and distance of S02040'03,,W,
35.36 feet to a point; thence
(2) S47°40'03"W, 150.00 feet to a point; thence
(3)
along the arc of a curve to the left having a
radius of 335.00 feet, an arc length of 106.79
feet and a chord bearing and distance of
S38°32'06"W, 106.34 feet to a point; thence
(4)
along the arc of a curve to the right having a
radius of 25.00 feet, an arc length of 20.14 feet
and a chord bearing and distance of S52028'49"W,
19.60 feet to a point; thence
(5)
along the arc of a curve to the left having a
radius of 55.00 feet, an arc length of 270.86
feet and a chord bearing and distance of
S65°31'25"E, 69.10 feet to point; thence
(6)
along the arc of a curve to the right having a
radius of 25.00 feet, an arc length of 25.27 feet
and a chord bearing and distance of N02021'00',E,
24.21 feet to a point; thence
(7)
along the arc of a curve to the right having a
radius of 285.00 feet, an arc length of 81.39
feet and a chord bearing and distance of
N39°29'll"E, 81.11 feet to a point; thence
1991-26
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(8) N47°40'03"E, 150.00 feet to a point; thence
(9)
along the arc of a curve to the right having
radius of 25.00 feet, an arc length of 39.27 feet
and a chord bearing and distance of S87°19'57"E,
35.36 feet to a point in the southerly line of
Sager Avenue; thence with Sager Avenue
S42019'57"E, 98.85 feet to the point of beginning
and containing 113,762 square feet or 2.6116
acres of land more or less.
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
Virqinia 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 RPD(p), Residential
Planned Development (with proffers) and the general development
plan and application package be approved subject to the
following reasonable conditions authorized by City Code Section
26-148.23, which are proffered by the property owner;
The development of the subject property shall be in
substantial conformance with the General Development
Plan for the property, dated August 29, 1991, prepared
by Polins, Weyant and Hamm, Inc., and with the site
landscape plan and the typical individual dwelling
landscape plans dated August 1991 by Area Landscaping,
Inc.
The architectural elevations of the dwelling units to
be located on Lot 2A through Lot llA (inclusive) shall
be in substantial accordance with the elevations
submitted as Exhibit B to rezoning application
Z-740-91-1.
Applicant will, at its expense, pay for the initial
street lighting fixtures on John Trammell Court
(Virginia Power Colonial Unit on 14 foot poles or such
other alternative as may be approved by the Board of
Architectural Review) in accordance with the lumina-
tion requirements specified by Virginia Power (which
have been specified as 3 units at 7,000 lumens).
Applicant will contribute $2,500.00 to the City of
Fairfax for the purposes of creating a crosswalk
across Sager Avenue at its intersection with John
Trammell Court, with the balance of said sum, if any,
to be held by the City to repair and replace equipment
in the park which is adjacent to Sager Avenue
immediately across from John Trammell Court. Such
contribution will be made in three (3) equal install-
ments: the first installment to be paid at such time
as its rezoning application has received full and
final approval from the City of Fairfax; the second
installment to be paid at such time as at least fifty
percent (50%) of the new proposed manor homes at
Trammell Commons have been completed; and the third
installment at such time as all of the new proposed
manor homes at Trammell Commons have been completed.
1991-26
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So
The applicant agrees that it, and its successor, will
not apply to the Board of Zoning Appeals or other
public authorities for variance or waivers from these
proffers.
BE IT FURTHER ORDAINED, that the above conditions,
application package and general development plan be approved,
pursuant to Section 26-145.23(c) of the Code of the City of
Fairfax, Virginia, with waivers to Subdivision requirements
Section 21-8(a) through (d) and Section 21-7(a) (1).
BE IT FURTHER ORDAINED, that the above conditions,
application package and general development plan be amended to
delete one lot (either 8A or 9A), and reconfigured in a manner
that will preserve the twenty-four (24) inch oak tree located
on proposed Lot 9A.
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 be effective as provided by law.
Planning Commission Hearing:. September 9, 1991
City Council Hearing: October 22, 1991
ayor
ATTEST: