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19950711 1995-18ORDINANCE NO. 1995-18 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-l, RESIDENTIAL, TO PD(p), PLANNED DEVELOPMENT (WITH PROFFERS), "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 58-1-((2))-22. WHEREAS, Van Metre Homes, Inc., by Martin D. Walsh, Agent and Attorney-in-Fact, submitted application No. Z-760-94-1 requesting a change in the zoning classification from R-1 to PD(p) for the parcel identified above, and more specifically described as follows: Beginning at an iron pipe found on the westerly right of way line of Pickett Road Route #237, said point being the northeasterly corner of The Church of the Apostles (Deed Book 3570 Page 335) and the southeasterly corner of W & N Company, thence with the line of The Church of the Apostles and leaving the right of way, North 69053'44'' West 371.83 feet to an iron pipe found on the easterly line of the Army Navy Country Club, thence with the line of the Army Navy Country Club the following (2) courses and distances; 2. North 12055'2'' East 517.62 feet to an iron pipe found, thence o South 80049'44'' East 430.92 feet to an iron pipe found on the aforementioned westerly right of way line of Pickett Road, thence with said right of way line o 595.45 feet along the arc of a curve deflecting to the right having a radius of 34,331.47 feet and chord bearing of South 18°48'37'' West 595.44 feet to the point of beginning containing 222,474 square feet or 5.10730 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 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 PD(p), 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 general character of the development of the Property shall be in substantial conformance with the General Development Plan/Preliminary Site Plan (GDP/PSP) entitled "Barrister's Keepe", dated November 23, 1994, with final revision June 19, 1995, including the "Note and Typical Building", dated May 16, 1995, with final revision June 19, 1995, 1995-18 -2 prepared by BC Consultants, and the Barrister's Keepe "Building Elevations" prepared by Lessard Arcitects, dated June 19, 1995. 2. The Applicant and/or Owner shall, at its sole expense, landscape the development in substantial accordance with the Landscape Plan dated November 23, 1994, with final revision June 15, 1995, subject to Board of Architectural Review approval, prior to the issuance of the last Certificate of Occupancy. The Applicant and/or Owner shall, prior to final bond release, construct an entry sign in substantial conformance with the Barrister's Keepe "Entry Sign" prepared by BC Consultants, subject to Board of Architectural Review approval. 3. The Applicant and/or Owner shall, at its sole expense, mark individual trees shown on the Tree Preservation and Supplemental Planting Plan dated June 9, 1995, for preservation prior to commencement of clearing and grading and at all times during construction. Clearing limits around such trees shall be marked on the ground with filter fabric or equivalent demarcation prior to clearing and grading and at all times during construction. Prior to issuance of the 30th occupancy permit, the Applicant and/or Owner shall, at its own expense, install supplemental planting as shown on the Tree Preservation and Supplemental Planting Plan dated June 9, 1995, on the Army- Navy Country Club property, Tax Map Parcel 58-1-((2))-5, subject to the review and approval of Army-Navy Country Club and Board of Architectural Review review and approval. Should any existing individual tree shown on the Tree Preservation and Supplemental Planting Plan not survive the two-year warranty period, the Applicant and/or Owner shall 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 and/or Owner may substitute trees of different species with the advice and consent of the Zoning Administrator. 4. The Applicant and/or Owner shall construct at its sole expense a 24-foot pavement section face of curb to face of curb for all private streets, with sidewalks as shown on the General Development Plan/Preliminary Site Plan. All sidewalks and private streets shall be constructed (subgrade and pavement thickness) to local street standards as specified in Section 21-8 (b) (2) of the City Code. 5. The Applicant and/or Owner shall notify all prospective purchasers in sales literature and purchasers in writing at settlement that the streets and sidewalks are private and that it shall be the homeowner's association's responsibility for maintenance of these and the common areas. This notification shall be sent to the City Zoning Administrator and reviewed for compliance with this proffer before such notifications are disseminated to prospective purchasers. 6. The aggregate number of motor vehicles which may be permanently parked or stored by the occupants of any dwelling unit in the development shall not exceed two. No recreational vehicles or boats shall be stored or parked anywhere within the development. 1995-18 -3 7. The Applicant or his 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 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. B. No fencing or masonry walls shall be constructed on any individual lots. However screen fences constructed as a part of a deck shall be permitted. All community fences shall be maintained in good repair by the Homeowners Association. C. All accessory structures (such as decks and gazebos) must be approved by the Homeowners Association of this development prior to commencement of construction. The nature and extent of such private site amenities are shown on the General Development Plan/Preliminary Site Plan "Note & Typical Building" submission as typical options. No storage sheds shall be permitted in the development. D. Sidewalk and street maintenance, including snow plowing, as well as maintenance of grounds and landscaping materials in both common areas and on private lots will be provided by the Homeowners Association. E. The aggregate number of motor vehicles which may be permanently parked or stored by the occupants of any dwelling unit in the development shall not exceed two. No recreational vehicles or boats shall be stored or parked anywhere within the development. 8. The Applicant and/or Owner shall install or cause to be installed, at its sole expense, prior to the issuance of the first occupancy permit for any of the houses located along the western property boundary, a sewer line and associated easement to the property line of Tax Map 58--((2))-21 ("Lot 21") so that the owners of Lot 21 may extend this line for its use. 9. The Applicant and/or Owners, at its sole expense, shall install prior to final bond release, a 6-foot-tall wood fence on its property line adjacent to Lot 21, a decorative metal fence along the Pickett Road frontage and a fence mutually acceptable to Army-Navy Country Club and Applicant along its northern property line adjacent to Lot 5 (Army Navy Country Club). The decorative metal fence shall be in substantial conformance with that illustrated on "Fence Details" dated June 15, 1995, prepared by BC Consultants. The wood fence will be similar to that shown on "Fence Details", but is subject to change. All fences shall be subject to Board of Architectural Review approval. All community fences shall be maintained in good repair by the Homeowners' Association. 10. The Applicant and/or Owner shall use brick and brick skirts on the facades of all units located along the Pickett Road frontage. In addition, the Applicant shall construct chimneys 1995-18 -4 with brick and shall include brick skirts on the fronts on all units. Brick facades shall be offered as an option on all units. All residential units shall be constructed with dimensional architectural roof shingles. 11. The Applicant and/or Owner agrees to inform purchasers of the residential units that residents and their guests are prohibited from parking on Lot 21, unless written agreement is obtained from the owners of that property. 12. The Applicant and/or Owner shall utilize special paving materials acceptable to the Director of Public Works, at the Property's entrance circle. 13. The Applicant and/or Owner, at its sole expense and prior to the issuance of the first occupancy permit, shall construct a modified right hand turn lane into the Property from Pickett Road as shown on the GDP/Preliminary Site Plan. 14. The Applicant and/or Owner, at its sole expense, shall relocate underground the above-ground utilities along the Pickett Road frontage of the Property. Undergrounding of utilities shall be completed prior to the issuance of the first occupancy permit for the development. 15. The Applicant and/or Owner, at its sole expense, shall install acorn-style lights along the Pickett Road frontage of the Property, in accordance with the City's Community Appearance Plan and as noted on the GDP/PSP. Installation of the acorn style street lights shall be completed prior to the issuance of the first occupancy permit. 16. If requested by the City, the Applicant and/or Owner, at its sole expense, shall construct, prior to the issuance of the first occupancy permit, an eight-foot-wide bike/hike trail along the Pickett Road frontage as noted on the GDP/PSP. 17. The Applicant and/or Owner, at its sole expense, shall install, prior to the issuance of the first occupancy permit, a bus stop shelter along Pickett Road as generally located on the GDP/PSP, in conformance with the City's Community Appearance Plan standards. 18. The Applicant and/or Owner shall install a residential sprinkler system in each unit to the satisfaction of the Fire Marshal; provided that the Applicant and/or Owner may, as an alternative, provide other improvements to the residential units recommended by the Fire Marshal that address the concerns regarding fire suppression and emergency vehicle access within the development. Any such measures shall also be subject to the approval of the Director of Community Development and Planning. 19. 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. 1995-18 -5 BE IT FURTHER ORDAINED, that the above conditions, application package and general development/preliminary site plan be approved, and that waivers be granted from City Code §26-141(e)(2) to permit construction without a commercial component and to §21-7(a) to reduce the required 30 feet private accessway pavement width to a minimum of 24 feet and to §21-8(d) to provide sidewalks in some portions of the development on only one side of the street, and that variances be granted, pursuant to §26-148, 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 premit impervious surface coverage of 56.9% and from §26-141(g) to permit construction of a decorative fence approximately fifteen (15) feet from the Pickett Road right-of-way. 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: July 11, Adopted: July 11, 1995 -June 26. 1995 1995 ATTEST: ~Mayor Date ~i~-y~lerk