19951128 1995-27ORDINANCE NO. 1995 - 27
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF
FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-l, RESIDENTIAL, TO
RPD(p), RESIDENTIAL PLANNED DEVELOPMENT (WITH PROFFERS),
"THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX, TAX MAP
PARCELS 58-3-6-5 AND 58-3-6-5A.
WHEREAS, BFR Construction Company, by Stephen Bukont, President,
submitted application No. Z-764-95-1 requesting a change in the zoning
classification from R-1 to RPD(p) for the parcels identified above, and
more specifically described as follows:
Beginning for the same at an iron pipe set on the easterly right-
of-way line of Burke Station Road, said pipe also being North
83o23'25"West, 4.97 feet from and iron pipe found at the
southwest corner of Ridgecrest Subdivision, thence departing
Burke Station Road and running with the southerly line of the
Ridgecrest Subdivision the following three (3) courses and
distances:
1. South 83°23'25"East, 482.00 feet to an iron pipe set at the
southeast comer of Ridgecrest, a corner common to lots 23
and 22B, Holly Park Subdivision, thence along the westerly
line of lot 22B, Holly Park Subdivision;
2. South 06°36'35"West, 226.20 feet to an iron pipe set, said
pipe being a corner common to lots 22B and 21 of the Holly
Park Subdivision and to lot 4 of Stephen's Addition to
Holly Park: thence with lots 4 through 1 of Stephen's
Addition to Holly Park;
3. North 83°23'25"West, 482.00 feet to an pipe set along the
easterly right-of-way line of Burke Station Road: thence
with Burke Station Road;
4. North 06°36'35"East, 226.20 feet to an iron pipe set at the
point of the beginning, containing 109,028 square feet or
2.5029 acres of land, more or less; 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 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 above described property
be rezoned from R-l, Residential to RPD(p), Residential Planned
Development with proffers.
BE IT FURTHER ORDAINED, that the above described property be
subject to the following reasonable conditions authorized by City Code
Section 26-6, which are proffered by the property owners:
1. The development of the Property shall be in substantial conformance
with the General Development Plan (GDP) entitled "Kirkwood", dated
August 18, 1995, with the GDP final revision dated November 3, 1995,
prepared by Delta Consultants.
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2. By no later than the date of recordation of the Deed of Subdivision, the
Applicant and/or Owner shall dedicate approximately 1300 square feet of
land along the east side of Burke Station Road, and at its sole expense,
construct sidewalks, curb, and gutter as shown on the GDP
3. Prior to clearing and grading and at all times during construction the
Applicant and/or Owner shall, at its sole expense, mark individual trees
shown on the Tree Preservation and Supplemental Planting Plan dated
August 18, 1995, with final revisions dated November 3, 1995, for
preservation. Clearing limits around trees shall be marked on the ground
with fabric filter or equivalent demarcation prior to clearing and grading
and at all times during construction. Prior to issuance of the ninth
occupancy permit, the Applicant and/or Owner shall, at its sole expense,
install supplemental plantings of at least seven 6"-8" caliper 30-foot tall
hardwood trees and screening trees as shown on the Tree Preservation
and Supplemental Planting Plan dated August 18, 1995, with final
revisions dated November 3, 1995.
4. Prior to issuance of any occupancy permit for the first house, the
Applicant and/or Owner shall construct at its sole expense a 30-foot wide
pavement section face of curb to face of curb for all private streets and
sidewalks, all as shown on the GDP. All sidewalks and private streets
shall be constructed (including subgrade and pavement thickness) to local
street standards as specified in Section 21-8(b)(2) of the Code of the City of
Fairfax.
5. The Applicant and/or Owner shall notify all prospective purchasers in
sales literature and purchasers in writing that the streets and sidewalks are
privately owned and that it shall be the homeowners' association's
responsibility for maintenance of these and other common areas. This
notification shall be sent to the City Zoning Administrator and reviewed
for compliance with this proffer before such notification is disseminated to
purchasers, prospective and actual.
6. The applicant or its successors shall form a homeowners' association
which shall enforce restrictive covenants for the property which covenants
shall include, but not be limited to, the following:
A. No person or entity shall be allowed to remove, relocate, or
destroy any tree designated on the Tree Plan to be preserved when
such tree is located on any private lot without prior written
approval of the homeowners' association.
B. All accessory structures (such as decks, gazebos, sheds) shall be
approved in writing by the homeowners' association prior to
commencement of construction. The nature and extent of such
private amenities are shown on the GDP "Note & Typical Building"
submission as typical options.
C. Sidewalk and street maintenance, including snow plowing, as
well as maintenance of grounds and landscaping materials in
common areas shall be provided by the homeowners' association.
7. The Applicant and/or Owner, at its sole expense, shall construct, prior
to the issuance of the ninth occupancy permit, a four-foot-wide concrete
trail along the frontage of Burke Station Road from the northern most
property line to Sharon Court as noted on the GDP.
1995-27
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8. Future additions, sheds, decks, and other appurtenant structures shall
be subject to prior review by the homeowners' association and through the
City's Zoning and Permits process, and shall be subject to restrictions set
forth in the GDP.
9. No later than issuance of the ninth occupancy permit, the Applicant
and/or Owner, at its sole expense, shall construct white wood picket
fences on each lot at the side walk edge and slate lead walks from the front
door of each house down to the front gate at the sidewalk.
10. The Applicant and/or Owner, shall ensure quality construction by
providing such features as: traditional divided light custom design wood
windows with insulated glass on all street-facing facades.
Oversized/Custom wood casing shall be installed on all exterior wood
windows and doors; hardwood front doors shall installed in all houses;
gables and rakes shall be projected and trimmed in authentic detail; wood
corner boards will be applied where appropriate; architectural extra thick
profile roof shingles shall be installed; on house styles with porches, the
porches shall have 3/4 painted tongue and groove flooring or flagstone,
beaded wood porch ceilings, oversized custom columns and lintel beams,
and closely spaced picket railings.
11. No later than the issuance of the first occupancy permit, the Applicant
and/or Owner, at its sole expense, shall construct underground utilities
within the subdivision, exclusive of existing utility poles and wires along
Burke Station Road.
12. No later than the issuance of the ninth occupancy permit, the
Applicant and/or Owner, at its sole expense, shall install, in general
accordance with the GDP, street lighting in the form of electric post lamps.
The lamp style shall be cast iron type post, subject to approval of the City
of Fairfax Director of Community Development and Planning.
13. No later than the issuance of the first occupancy permit, the Applicant
and/or Owner, at its sole expense, shall provide a storm water
management facility as noted on the GDP dated August 18, 1995, with
final revisions dated November 3, 1995, subject to approval of the City of
Fairfax Director of Public Works.
14. No later than the issuance of the ninth occupancy permit, the
Applicant and/or Owner, at its sole expense, shall prewire all homes and
the development for cable television.
15. The Applicant and/or Owner shall not apply to the Board of Zoning
Appeals or other public authorities for variances or waivers from these
proffers except as provided in Section 26-6(g) of the Zoning Ordinance of
the City of Fairfax, Virginia.
16. The Applicant and/or Owner, upon request of the City, shall install
traffic control signage at the intersection of Burke Station Road, Stoughton
Road, and Kirktree Court.
BE IT FURTHER ORDAINED, that the above conditions, application
package and general development plan be approved, and that a variance
be granted, pursuant to_City Code §26-148.27, from §26-148.22(b) to
reduce the required 20-foot front yard setback to 11 feet as depicted on the
general development plan.
1995-27
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 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:
City Council hearing: November 28,
Adopted: November 28, 1995
ATTEST:
J (lity ~lerk
November 13, 1995
1995
(Mayor~'L~
date
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