19930914 1993-35ORDINANCE NO. 1993-35
AN ORDINANCE TO APPROVE A GENERAL DEVELOPMENT
PRELIMINARY SITE PLAN AND PROFFER AMENDMENTS FOR THE
PROPERTY ZONED PD(p) (PLANNED DEVELOPMENT WITH PROFFERS)
AND IDENTIFIED AS TAX MAP PARCELS 57-4-((2))-23, 25, 25A, 26A, 27A,
WHEREAS, Stanley Martin Bailiwick Limited Partnership, by Stanley
Martin Companies, Inc., General Partner, submitted application Z-752-93-1
requesting approval of a general development/preliminary site plan and
proffer amendments for the parcels identified above, and more specifically
described as follows:
Beginning at a point on the westerly right-of-way line of Chain Bridge
Road, Route 123, of variable width, and the northerly right-of-way line
of West Drive, of variable width; Thence; with the northerly right-of-
way line of said West Drive the following courses and distances:
S79°47'31"W, 50.85 feet to a point; N71°10'54"W, 98.00 feet to a point;
S18°14'06"W, 10.52 feet to a point; N71°08'53"W, 330.56 feet to a point
on the easterly property line of Ardmore Subdivision, Section One;
Thence; with the easterly property line of said Ardmore Subdivision;
N31 °59'00"E, 875.57 feet to a point, said point being the southeasterly
property corner of the now or formerly Duvall and Hale trustees
property and the southwesterly property corner of the now or formerly
Rinker property; Thence; with the southerly property line of said
Rinker property and the southerly property lines of the now or
formerly Musolino property and the now or formerly Harrington
trustees property; S61°35'19"E, 417.21 feet to a point on the easterly
property line of said Harrington Trustees property; Thence, with the
easterly and southerly property lines of said Harrington Trustees
property the following courses and distances: N32°55'00"E, 35.53 feet
to a point; S57°38'00"E, 43.17 feet to a point on the westerly right-of-
way line of said Chain Bridge Road; Thence, with the westerly right-of-
way line of said Chain Bridge Road the following courses and
distances: S32°29'46"W,
42.45 feet to a point; along the arc of a curve to the left having a radius
of 9,045.02 feet, a central angle of 00°27'29'', and arc distance of 72.29
feet, chord of said arc running; S32°16'02"W, 72.29 feet to a point;
S32°02'17"W, 356.00 feet to a point; along the arc of a curve to the right
having a radius of 8,955.02 feet, a central angle of 00°47'50'', an arc
distance of 124.59 feet, chord of said arc running; S32°26'12"W, 124.59
feet to a point; S32°50'07"W, 40.07 feet to a point; S46°09'11"W, 10.85
feet to a point; S32°50'08"W, 148.48 feet to the point of beginning and
containing 8.78005 acres of land.
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
approvals and amendments are proper and in accordance with the
Comprehensive Plan as well as 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 general
development/preliminary site plan for the above described property be
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approved subject to the following reasonable conditions authorized by City
Code Section 26-143, which are proffered by the property owners:
The general character of the development of the Property shall be in
substantial conformance with the following conceptual drawings and
photocopies submitted by the Applicant. The final designs shall be
submitted with the final site plans:
a. Front Elevations (Exhibit A attached hereto):
b. Side Elevations (Exhibit B attached hereto); and
c. Chancery Square Site Amenities, prepared by the B. C. Consultants,
Inc., dated August 4, 1993.
The applicant agrees to construct at its own expense a five foot (5')
sidewalk within the right-of-way along the West Drive frontage of the
site.
o
Prior to the issuance of the first occupancy permit on the Property, two
standard city bus shelters will be installed by the Applicant, at its own
expense, one of the west side of Chain Bridge Road, as shown on the
Generalized Development Plan ("GDP"), and the other on the east side
of Chain Bridge Road in front of City Hall, the exact location of both
bus shelters to be specified by the City.
The applicant will landscape the portion of the Property located along
the boundary with the Ardmore Subdivision in substantial accordance
with a landscape plan to be approved by the City as generally shown
on the GDP. The Homeowners' Association of the Property will
assume responsibility for maintaining said landscaping.
The applicant agrees to construct at its own expense a sitting area
adjacent to the sidewalk on the west side of Chain Bridge Road. The
design shall be in general compliance with the GDP approved as part
of this rezoning application.
°
In conjunction with site development, landscaping will be installed by
the Applicant at its own expense or its successors along the east side of
Chain Bridge Road on the berm adjacent to the City Hall amphitheater
pursuant to the Landscape Berm Plan dated November 1, 1992,
prepared by the Department of Public Works, City of Fairfax.
°
All utilities, installed on-site to serve the Property including but not
limited but not limited to electrical power, cable television and
telephone will be placed underground. Applicant agrees to contribute
the sum of $4,580 per dwelling unit to the City of Fairfax, to be used for
the underground placement of existing overhead utility lines along the
Chain Bridge Road and West Drive frontages of the Property. The pro
rata payment of $4,580 will be made at the time of issuance of the
building permit for each dwelling unit. These monies shall be posted
in escrow by the City in an interest bearing account to be used solely to
underground such existing overhead utilities. Should the City not
begin undergrounding such existing overhead utilities within a period
of seven (7) years from the date of the issuance of the final building
permit, then either (i) the City will designate the construction of other
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improvements which will directly benefit the Property (subject to
Applicant's or successor's concurrence) or (ii) the escrow fund and
accumulated interest will be returned to the Stanley-Martin Bailiwick
Limited Partnership.
o
A temporary six foot (6') chain link fence adjacent to the Ardmore
Subdivision will be installed by Applicant at its own expense during
the entire construction period. The Applicant and/or general
contractor agrees not to use the Ardmore Subdivision to gain access to
the property. In addition, any contracts with subcontractors
performing construction and/or work on the Property will require that
the subcontractor instruct all of their personnel to refrain from using
the Ardmore Subdivision to gain access to the Property.
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.
10.
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 thirty-seven feet (37') from the property line of
the Property unless the Ardmore property owner provides the
Applicant with written consent stating that he/she has no objection to
the deck. This condition does not preclude construction of lofts or
balconies of the type illustrated on the General Development Plan,
either open or enclosed, the typical footprint of which is illustrated on
the subject GDP.
11.
Prior to the issuance of any building permits for the Property, the
Applicant agrees to provide at its own expense amenity lighting along
the Armstrong Street and Chain Bridge Road frontages of the City Hall
property to replace existing fixtures and add fixtures pursuant to a
lighting plan approved by the City of Fairfax.
12.
The Applicant agrees that it, or its successors, will not apply to the
Board of Zoning Appeals or other public authorities for any variances
or waivers from these proffers.
13.
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 the above conditions, application
package and general development/preliminary site plan be approved and
that waivers be granted from §21-7(a)(1) to permit less than the 30 feet of
pavement required for private accessways, and §26-141(e)(2) to permit
construction without a commercial component, and that variances be granted
from §26-141(b) to permit less than the required 20 feet of open space around
the external walls of any structure and from §26-141(d) to permit greater than
50 percent impervious surfaces and §26-141(d) to permit a development with
less than the required 20 percent of the gross tract area in 10,000 square feet
open space sections.
1993-35
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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: August 16, 1993
City Council Hearing: September 14, 1993
Adopted: September 14, 1993
Attest:
City Cl~rk