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19930727 1993-33ORDINANCE NO. 1993-33 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM RPD(P) (RESIDENTIAL PLANNED DEVELOPMENT WITH PROFFERS) TO PD(P) (PLANNED DEVELOPMENT WITH PROFFERS) THE PROPERTY IDENTIFIED AS TAX MAP PARCELS 57-4-((2))-20 AND 21 AND TO RECLASSIFY FROM PD(P) TO PD(P) AMENDED FOR THE PROPERTY IDENTIFIED AS TAX MAP PARCELS 57-4-((2))-13C(PART) AND 13D. WHEREAS, NationsBank of Virginia, N.A., by AMRESCO Institutional, Inc., by Barry H. Schwartz, authorized representative, submitted application Z- 749-92-3 requesting a change in the zoning classification from RPD(p) to PD(p) for the parcels identified above, and from PD(p) to PD(p) amended for the parcels also identified above, and more specifically described as follows: Beginning at a point on the southeasterly line of Chain Bridge Road (Route 123) marking the northwesterly comer of Fairfax Hospital Association; thence running with the southeasterly line of Chain Bridge Road the following courses: N28°30'47"E, 394.96 feet; N74°10'05"W, 4.26 feet and N28°21'12"E, 216.08 feet to a point on the southerly line of James Chamley; Thence departing from the road with the southerly and easterly lines of Charnely S66°24'03"E, 160.03 feet and N27°53'44"E, 140.61 feet to a point on the southerly line of a property of the City of Fairfax; thence with the southerly line of the City of Fairfax property S75°35'03"E, 606.92 feet to a point marking the northwesterly comer of Lot 51, Fairfax Towne Estates, Section 2; thence with the westerly lines of the said Section 2 the following courses: S15°10'10"W, 341.84 feet; S36°40'50"E, 81.42 feet; S44°35'50"E, 178.41 feet; S16°40'40"W, 133.10 feet; with a curve to the left whose radius is 425.00 feet and whose chord is S78°39'40"E, 79.09 feet, an arc distance of 79.20 feet and S06°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: S80°21'53"W, 14.53 feet; S09°38'07"E, 10.00 feet and S80°46'55"W, 449.89 feet to a point thence running with the northerly line of School Street and continuing with the easterly and northerly lines of the aforementioned Fairfax Hospital Association the following courses: N09°22'59"W, 513.53 feet; N74°10'04"W, 224.20 feet; S29°13'56"W, 153.79 feet and N87°05'51"W, 364.56 feet to the point of beginning, containing 14.97 acres of land; 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 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 above described property be rezoned as described above and the general development/preliminary site plan labeled plan option "A" be approved subject to the following reasonable conditions authorized by City Code Section 26-143, which are proffered by the property owner: 1993-33 1. 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. "Crestmont Building Elevations" dated February 25, 1993, prepared by Art Landerman Illustration. b. "Crestmont Streetscape" dated February 25, 1993, prepared by Art Landerman Illustration. c. "Crestmont Site Amenities," dated February 25, 1993, prepared by the Land Planning and Design Group. d. "The Route 123 Streetscape," dated April 30, 1993, prepared by Art Landerman Illustration. 2. The Applicant and/or Owner shall dedicate right-of-way along Chain Bridge Road in conformance with the dedication plat prepared by David Volkert & Associates, Inc., dated February 4, 1992, attached hereto a Exhibit "A." Dedication shall occur at the time of final site plan approval or earlier if requested in writing by the City. 3. The Applicant and/or Owner shall dedicate to the City of Fairfax for use as a public street the strip of land shown on the GDP/?reliminary Site Plan as "Dedicated for Public Use." Dedication shall occur at time of final site plan approval. The deed of dedication shall be subject to an automatic reversion of title to the land to the future homeowners association if a public street is not constructed within the right-of-way within five (5) years from the time of dedication or if any portion of the strip of land is not needed for public use. The dedicated strip shall be cleared consistent with future street alignment; prepared as a grass strip with a multi- purpose trail base along it; and with trees planted along the future right- of-way in the tree belt area. The dedication shall also be subject to a landscaping/lawn maintenance easement (lawn mowing and removal of dead vegetation) running to the benefit of the future homeowners association subject to City approval. The easement will convey the authority but not the responsibility to maintain the dedicated area. 4. The Applicant and/or Owner shall notify prospective purchasers in sales literature and illustrative materials and in writing at settlement that the 70 foot wide area dedicated for public use is owned by the City of Fairfax for future use as a public street. 5. Applicant will disclose to all prospective purchasers that all streets and sidewalks are private and the responsibility for maintenance of all common areas including said streets, sidewalks and trash removal belongs to all homeowners; the language of said disclosure to be reviewed and approved by the City Zoning Administrator prior to its dissemination to prospective purchasers. 6. Upon the request of the City and subject to conditions contained herein, the Applicant shall contribute to or relocate the overhead utilities underground (the "Undergrounding") including electrical power, cable television and telephone which currently existing along the subject property's frontage of Chain Bridge Road. The Applicant shall only be required to contribute to or Underground such utilities as part of a comprehensive undergrounding project along South Chain Bridge Road corridor which will cause substantial elimination of the poles and transformers along the subject property's Chain Bridge Road frontage ("Comprehensive Undergrounding Project"). The Applicant shall also contribute to or provide street trees and lighting standards along the Chain Bridge Road frontage ("Frontage Amenity Improvements") in accordance with City standards set forth in the Chain Bridge Road and 1993-33 -3 o University Drive Landscape Program prepared by Rhodeside & Harwell, Inc. However, in no event shall the Applicant expend more than One Hundred Sixty-two Thousand ($162,000) for the Undergrounding and Frontage Amenity Improvements set forth in this proffer. If, after installation of the Frontage Amenity Improvements, there are insufficient funds to complete the Undergrounding, the Applicant shall request the City to provide the shortfall for the Undergrounding (the "Request"). In the event the City does not fund the shortfall within two (2) years from City Council approval of this zoning map amendment and/or a Comprehensive Undergrounding Project is not initiated within this two (2) year period, then the Applicant shall be relieved of any obligations to contribute to or Underground the existing facilities as set forth in this proffer. At time of final site plan approval, the Applicant and/or Owner shall provide all necessary funds to the City in an amount, as determined by the Department of Public Works, for installation of an additional traffic signal head and switch device on the existing signal at the intersection of Chain Bridge Road and West Drive. The Applicant and/or Owner agree that it will not apply to the Board of Zoning Appeals or other public authorities for variances or waivers from these proffers, except as provided pursuant to Section 26-6(g) of the City Code. BE 1T FURTHER ORDAINED, that the above conditions, application package and general development/preliminary site plan be approved, and that waivers be granted from §21-7(q) to permit pipestem lots, and from §21-8(d) to permit construction of a sidewalk on only one side of the street, and from §26- 141(e)(2) to permit construction without a commercial component, and that a variance be granted from §26-141(b) to permit less than the required 20 feet of open space around the external walls of any structure. 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: [uly 12, 1993 City Council Hearing: July 27, 1993 Adopted: July 27, 1993 ATTEST: C'ty Clerk ~~ Mayo~