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19921027 1992-35ORDINANCE NO. 1992-35 AN ORDINANCE TO APPROVE THE RIDGECREST SUBDIVISION GENERAL DEVELOPMENT PLAN, AND REPEAL AND ENACT REVISED PROFFERS. WHEREAS, A&M Homes, Inc., submitted application No. Z-748-92-1 requesting that the proposed General Development Plan and proffer amendments be approved for the property identified as City of Fairfax Tax Map Parcels 58-3- ((16))-A, B, and 1 through 18, and more particularly described as: "Beginning at a point being an angle point in the easterly right-of-way line of Burke Station Road (variable width), said point being a common comer with Lot 2 Holly Park Subdivision being the land of Edward R. and Dorothy P. Vaughn; Thence running with the line of Lot 2 Holly Park Subdivision S83°29'22"E 5.00 feet to the true point and place of beginning of the parcel herein described; Thence, from the true point and place of beginning, continuing with Lot 2 Holly Park Subdivision S83°29'22"E 476.07 feet to a point; Thence running consecutively with Lots 24 and 23 Holly Park Subdivision S06°43'56"W 451.82 feet to a point. Thence running with the line of Lot 5 Holly Park Subdivision being the land of Bonnie L. Homer N83°23'25"W 477.00 feet to a point lying on the easterly right-of-way line of Burke Station Road (variable width); Thence running with the easterly right-of-way line of Burke Station Road N06°51'04"E 451.00 feet to the true point and place of beginning and containing 4.9383 acres of land more or less;" and WHEREAS, the City Coundl has determined that the proposed Ridgecrest Subdivision General Development Plan and proffer amendments are proper and in accordance with the pertinent provisions set forth in the Code of Virginia and the Code of the City of Fairfax, Virginia; NOW, THEREFORE BE IT ORDAINED, that the proposed General Development Plan dated August 7, 1992 for the above described property be approved and; BE IT FURTHER ORDAINED, that the proffers for the above described property adopted December 12, 1989 are hereby repealed in their entirety and; BE IT FURTHER ORDAINED, that the above described property be subject to the following reasonable conditions authorized by City Code Section 26-148.23, which are proffered by the property owner: 1. 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. 2. The Applicant or his successor shall construct at its sole expense a 30 foot pavement section face of curb to face of curb with sidewaiks 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. 1992-35 -2 3. 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. 4. Trash refuse shall be provided by a private service contracted by the Homeowners Association of this development. 5. All 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. 6. Except as may be necessary for the installation of utilities, stormwater management facilities, roads, 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. 7. 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 (3 1/2") except that the Applicant may substitute trees of different species with the advice and consent of the City Arborist. 8. 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: 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. Co Maintenance including snow plowing will be provided by the Homeowners Association for approximately 130 feet from Cresence Way on the access easement. Do 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. 1-92 -35 -3 9. 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. 10. 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. 11. The Applicant or 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 Clerk of the Council is directed to transmit duly certified copies of this ordinance to the Zoning Administrator and the Planning Commission of this City as soon as possible. This ordinance shall be effective as provided by law. Planning Commission hearing: So_pro_tuber ] 4._ 1992 City Council hearing.'. October 27, 1992 Adopted: October 27, 1992 ATTEST: City Cl k date