19940628 1994-14ORDINANCE NO. 1994- 14
AN ORDINANCE TO AMEND AND REORDAIN THE
ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA
BY AMENDING THE ZONING MAP TO RECLASSIFY FROM C-
2, C-1 AND R-3 TO PD (PLANNED DEVELOPMENT) WITH
PROFFERS PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX
MAP PARCELS 57-4-((10))-1 through 15; 57-4-((2))-134, 134A and
135.
WHEREAS, Pulte Home Corporation and Sager Fairfax, Limited
Partnership, submitted application No. Z-755-94-1 requesting a change in the
zoning map classification from C-1, C-2 and R-3 to PD(p) for the tax map
parcels identified above, and more specifically described as follows:
Beginning at a point on southerly line of Sager Avenue, marking the
northwesterly corner of Lot 5, Block 9, Section One, Green Acres;
thence departing Sager Avenue and running with the westerly line of
the said Green Acres S 23°40'00"W, 239.65 feet and S65°36'53"W,
116.01 feet to a point; thence running with a northerly line of the said
Green Acres, crossing Sideburn Road and continuing with the
northerly lines of Section Three, Court House Square N42°54'56"W,
127.51 feet and N68°14'42"W, 379.18 feet to a point on the easterly line
of East Street; thence running with the easterly line of East Street
N21°45;09"E, 280.04 feet and with a curve to the right whose radius is
25.00 feet and whose chord is N67°16'19"E, 35.67 feet, an arc distance
of 39.72 feet to a point on the aforementioned southerly line of Sager
Avenue; thence running with the southerly line of Sager Avenue
S67°12'30"E, 504.11 feet and S41°08'33"E, 59.92 feet to the point of
beginning, containing 4.066 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
in the interest of the public welfare and good zoning practice 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 from C-l, C-2 and R-3 to PD(p) and the general development/
preliminary site plan and application package be approved subject to the
following reasonable conditions authorized by City Code Section 26-143,
which are proffered by the property owner:
The general character of the development of the Property shall be
in substantial conformance with the conceptual "Elevations"
prepared by Pulte Home Corporation and submitted by the
Applicant. The final design shall be submitted with the final site
plans and is subject to approval of the Board of Architectural
Review ("BAR").
o
The Applicant and/or Owner shall construct the dwelling units
using "Grand Manor Shingles" (Slate facsimile) by Certainteed or
equivalent roof materials.
o
The Applicant and/or Owner will use brick trim on the aggregate
walkways through the interior of the condominium or
subdivision.
1994-14
4.
o
The Applicant and/or Owner (Sager of Fairfax L.P.) shall provide to
the City of Fairfax an easement, in a form acceptable to the City, for
public use over the area depicted on the Generalized Development
Plan as bike and hike trail on the eastern portion of the property.
Dedication of said easement shall occur at the time of final site plan
approval.
The Applicant and/or Owner shall install landscaping and lighting
standards along the property's Sager Avenue and East Street
frontages in accordance with City standards for the Old Town
Fairfax area.
The above ground utility pole(s) interior to the site shall be
removed in conjunction with the vacation of Holbrook Avenue
and Crable Drive. The above ground utilities along the Sager
Avenue frontage from the northwest Property corner to the
easternmost parking lot, shall be upgraded and relocated
underground by the Applicant and/or Owner at its sole expense.
Undergrounding of utilities shall be completed prior to the
issuance of the first occupancy permit.
The occupancy of each and all dwelling units in the condominium
or subdivision shall be limited to no more than two persons
unrelated by blood, marriage or adoption. The aggregate number of
motor vehicles which may be parked or stored on the common
elements of the condominium or subdivision by the occupants of
any individual unit in the condominium or subdivision shall not
exceed two.
The Applicant/Owner agrees to provide the following restrictions
in its condominium documents:
No unit in the condominium shall be occupied by more than two
persons unrelated by blood, marriage or adoption.
The aggregate number of motor vehicles which may be parked or
stored on the common elements of the condominium or
subdivision by the occupants of any individual unit in the
condominium or subdivision shall not exceed two.
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 theses proffers, except as provided pursuant to
Section 26-6(g) of the City Code.
The Applicant and/or Owner shall plant a dense wooded screen at
the southern property line, which is the common property
boundary with Courthouse Square III. The screen shall contain
approximately 50 trees that are 3" dbh, and all trees planted shall
meet the specifications of the American Association of
Nurserymen.
Trees to be planted shall be a mix of four different species selected
from the following list, except that the Breckinridge Lane
Homeowners Association may, in its discretion, permit the
planting of specified evergreens in lieu of one or more of the trees
listed below. Thereafter, the final landscape design shall be
submitted for approval by the BAR.
Willow Oak (Quercus Phellos)
Red Oak (Quercus rubra)
White Oak (Quercus alba)
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1994-14
10.
11.
12.
13.
Southern Red Oak (Quercus falcata)
Black Oak (Quercus velutina)
Scarlet Oak (Quercus coccinea)
Shumard's Red Oak (Quercus Shumardii)
Chestnut Oak (Quercus Prinus)
Chinquapin Oak (Quercus prinoides)
Sugar Maple (Acer saccharum)
Black Maple (Acer nigrum)
Striped Maple (Acer pensylvanicum)
Box Elder (Acer negundo)
Basswood or Linden (Tilia americana)
Beech (Fagus gradifolia)
Shagbark hickory (Carya ovata))
Bitternut hickory (Carya cordiformis)
Mockernut hickory (Carya tometosa)
Pignut hickory (Carya glabra)
Red Hickory (Carya ovalis)
Quaking Aspen (Populus tremuloides)
Black Gum or Tupelo (Nyssa sylvatica)
White Ash (Fraxinus americana)
The Applicant and/or Owner shall construct a pressure treated
board-on-board fence the length of the southern property boundary
of the subject property that will (i) be 8 feet in height; and (ii) extend
to the emergency access from Courthouse Square III across the
subject property to the proposed bicycle trail; and (iii) contain a
suitably designed gate with brick pilasters supporting the gate to be
constructed substantially in conformance with the drawing
attached hereto as Exhibit A. The appearance of the fence will be in
substantial conformance with the fence design contained in § 26-68
of the City Code and shall be subject to approval by the BAR. The
fence shall be maintained in good repair by the condominium unit
owners association.
The Applicant and/or Owner shall provide a requirement in the
condominium or subdivision documents that the fence shall be
maintained in good repair.
The Applicant and/or Owner shall provide an easement through
the development that ensures access to the existing emergency
access to the Courthouse Square III townhouses located at the
southeast corner of the Pulte site. Such easement shall be subject to
review and approval by the City Attorney, the Zoning
Administrator and the Fire Marshal.
Subject to the review and approval of the Zoning Administrator
and Director of Public Works, the Applicant and/or Owner shall
provide landscaping in the following locations at its own expense:
ao
Within the East Street right-of-way across East Street adjacent
to the existing parking lot for a length of at least 300 linear feet;
and
bo
Within the triangular-shaped excess right-of-way on East
Street adjacent to the southwest portion of the Pulte site
(involving converting the extraneous paving to landscaping).
Subject to the review and approval of the Director of Public Works,
the Applicant and/or Owner shall, at its own expense, construct an
endwall at the culvert located near the southeast corner of the Pulte
property to channel stormwater into the culvert, and provide bank
stabilization around the endwall.
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1994-14
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14.
Subject to the review and approval of the Zoning Administrator
and Director of Parks and Recreation, the Applicant and/or Owner
shall complete a bike/hike trail, at its own expense, extending from
University Drive to Ratcliffe Park. This includes the following
actions by the Applicant and/or Owner:
ao
bo
co
do
Providing bicycle lane striping along the south side of the
existing paved portion of Ratcliffe Road; and
Constructing an eight-foot-wide bike/hike trail from the
eastern terminus of the existing paved portion of Ratcliffe
Road, through the unconstructed portion of the Ratcliffe Road
right-of-way, and through the Pulte site to Sager Avenue; and
Extending the existing asphalt trail along the north side of
Sager Avenue from its existing terminus, approximately
thirty-five feet in an easterly direction to terminate at Ratcliffe
Park; and
Providing a bicycle rack at Ratcliffe Park.
BE IT FURTHER ORDAINED, that a waiver be granted from Section 26-
141(e)(2) to permit construction without a commercial component.
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: May 23 and June 13, 1994
City Council Hearing: June 28, 1994
Mayor
ate
Attest:
I994-14
I994-14
I