19950328 1995-10ORDINANCE NO. 1995-10
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 PARCELS 58-3-((2))-15, 16,
16A AND 58-3-((6))-25, 26, 27, 28.
WHEREAS, Batal Builders, Inc., by H. Kendrick Sanders, Attorney and Agent,
submitted application No. Z-758-94-1 requesting a change in the zoning
classification from R-1 to PD(p) for the parcels identified above, and more
specifically described as follows:
Beginning for the same at an iron pipe set on the southerly right-of-way
line of Main Street, Route 236, said pipe also being the westerly right-of-
way line for Maple Avenue, thence leaving said Main Street and
running with Maple Avenue the following three (3) courses and
distances:
1. South 28°00'47"East, 41.48 feet to an iron pipe set, thence
2. South 73009'57'' East, 10.00 feet to an iron pipe set, thence
3. South 16050'03'' West, 385.92 feet to a rebar found at a comer
common to Lots 24 of the aforesaid Holly Park, said property being
owned by K.R. Augst, et al, trustees, Deed Book 6358 at Page 863,
thence with said Lot 24
4. North 73030'40'' West, 404.83 feet to a stone found, at a corner
common to Smith, Deed Book 8772 at Page 914, thence leaving said
Lot 24 and running with Smith and continuing with Dennis, Deed
Book 8714 at Page 1955 and a part of Fairfax County, Board of
Supervisors, Deed Book 5625 at Page 1371
5. North 33008'29'' West, 402.06 feet to an iron pipe found at a corner
common to Groff, Deed Book 6742 at Page 1615, thence leaving said
Board of Supervisors and running with Groff
6. North 16o29'03'' East, 155.27 feet to an iron pipe set, said pipe being on
the southerly right-of-way of the aforesaid Main Street, thence
leaving Groff and running with the said Main Street right-of-way the
following two (2) courses and distances.
7. South 73030'57'' East, 355.62 feet to a VDOT monument found, thence
8. South 73028'57'' East, 318.80 feet to an iron pipe set at the point of
beginning, containing 255, 510 square feet or 5.866 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 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:
1995-10 -2
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) and Typical Lot Detail, entitled
"The Boltons", both dated 9/30/94, with final revision 3/23/95.
2. The Applicant will at its sole expense, landscape the development in
substantial accordance with the landscaping shown on the GDP/PSP,
prior to the issuance of the last Certificate of Occupancy.
3. The Applicant agrees to notify prospective purchasers in writing
prior to contracting of the homeowner's association responsibility for
maintenance of common areas, including the private streets. Such
responsibility will also be specified in the recorded HOA documents.
4. The Applicant and/or the owners 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 in Section 26-6(g) of the
Zoning Ordinance of the City of Fairfax, Virginia.
5. The Applicant agrees to construct at its expense a bus shelter on the
Route 236 frontage of the property (within the public right-of-way
and/or an easement) as located by the City. The bus shelter shall be
constructed in accordance with the City's Community Appearance Plan
standards and shall be completed before final bond release for the
development.
6. The Applicant agrees to contribute the sum of $5,000 to the City to be
applied to the cost of future traffic signalization at the Maple
Avenue/Route 236 intersection. Said contribution shall be made at the
time the first dwelling unit building permit is issued for the
development.
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 sidewalk on only one side of the street, and that a variance 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.
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: January 23~ 1995
City Council hearing: February 28, 1995
Adopted: March 28, 1995
ayor
Date
ATTEST:
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