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19990727 1999-21ORDINANCE NO. 1999-21 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))-29, 30, 31 and 32, AND LOCATED AT 9791, 9771, 9769 AND 9759 MAIN STREET. WHEREAS, Christopher Management, Inc., by Gregory A. Riegle, Agent, submitted application No. Z-782-99-1 requesting a change in the zoning classification from R-1 to RPD(p) for the parcel identified above, and more specifically described as follows: Beginning at a point lying in the southerly right-of-way line of Main Street, State Route Number 236 (width varies), said point being a common comer with Lot 33 Holly Park; thence running with the line of Lot 33 S14°43'55"W 415.32 feet to a point lying in the line of Lot 35 Holly Park; thence running with the line of Lot 35 and with the City of Fairfax/Fairfax County line N75°16'05"W 408.92 feet to a point lying in the easterly right- of-way line of Maple Avenue (width varies); thence rmming with the easterly fight-of-way line of Maple Avenue the following three courses and distances: N15°04'38"E 385.47 feet to a point; thence S75°00'22"E 10.28 feet to a point; thence N60°15'51"E 42.95 feet to a point; thence running with the aforementioned southerly right-of-way line of Main Street S75° 14'22"E 365.67 feet to the point and place of beginning and containing 3.8702 acres or 168,586 square feet 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 heating; 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 Virgini~ and the Code of the City of Fairfax. Virginia; NOW, THEREFORE BE IT ORDAINED, that the above described property be rezoned from R-1 (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: Subject to the requirements of this proffer, the development will be in substantial conformance with the General Development Plan/Preliminary Site Plan (GDP/PSP), entitled Maple Trace, containing 14 sheets and prepared by Rinker-Detwiler and Associates, Studio 39, and Snyder. Egbue Associates, dated Feb. 1999 and revised as follows (Sheet 1-3, July 2, 1999; Sheet 4, May 28, 1999; Sheets 5-6, July 1, 1999; Sheets 7-9, May 28, 1999; Sheets 10-10D, April 30, 1999; Sheet 10E, undated). o ARCHITECTURE/DESIGN The development shall consist of a maximum of 19 single family detached residential units. The Applicant reserves the right to modify the size and configuration of the building footprints within the building envelopes identified on the proffered plans. The building elevations dated April 30 and submitted with the GDP/PSP are provided to illustrate the architectural theme and design intent of the community. The architectural design of the proposed residences shall generally conform with the character, quality, coloring and detail of these 1999-21 -2 o o o o o 10. 11. illustrative elevations, but the Applicant reserves the right to make minor modifications to these elevations subject to review and approval by the Director, Community Development and Planning. All facades of residences shall be constructed of Wolverine vinyl siding, brick, natural stone veneer, hard board siding, cementitious siding, or natural wood, except architectural appurtenances, detailing and/or accents. The approved units shall incorporate brick and/or stone, at a minimum consistent with the approach described in Exhibit 1 (attached, as modified on July 23, 1999). The rear elevation of the approved units shall incorporate an overall quality of trim material which is comparable to that used on front facades. For those dwellings equipped with shutters on the front fagade, any windows located on the rear or side facing the common driveway shall also include the use of substantial architectural detail such as shutters and/or similar window treatments or accessories, subject to review and approval by the Director, Community Development and Planning. All exterior framed chimneys shall be constructed on foundations. The material used on the exterior of all chimneys shall be brick or stone. "Acorn type" street lighting shall be provided in the locations generally shown on the proffered plans, subject to review and approval by the Director of Public Works. The height and design of the light fixtures and poles shall be in substantial conformance with that described on the proffered plans, subject to review and approval by the Director of Public Works. The Applicant shall install clusters of shrubs and/or ornamental trees along the exterior of the fence located along Main Street in general conformance with the landscape plan submitted with the GDP/PSP. All roof materials shall be architectural grade fiberglass shingles, standing seam metal or material of similar appearance and quality. EASEMENTS. COVENANTS AND RESTRICTIONS The Applicant shall record public access easements for private streets and sidewalks on the property. The Applicant shall establish a homeowners association (HOA) for the purpose of maintaining common areas and private streets within the approved development. In conjunction with the appropriate site plan review processes, private streets and common areas shall be dedicated to the homeowners association. The HOA may be structured so as to potentially incorporate the abutting property to the south, located in Fairfax County, Virginia, in the event this abutting property is used in connection with the fulfillment of stormwater management requirements for the application property. The HOA 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 on any final approved landscape plan or Tree Management Plan designated to be preserved. Any tree removed, relocated or destroyed shall be replaced by the person causing the violation of this covenant as follows: (i) For a tree up to five (5) inches in diameter at breast height (dbh), one (1) tree with a dbh of not less than 3-3 1/2 inches shall be provided; (ii) For a tree between five (5) and sixteen (16) inches in diameter at breast height (dbh), two (2) trees with a dbh of not less than 3-3 1/2 inches shall be provided; 1999-21 -3 (iii) For a tree with sixteen (16) inches or greater diameter at breast height (dbh), three (3) trees with a dbh of not less than 3-3 1/2 inches shall be provided; (iv) In .general, the replacement trees shall be the same spemes of the tree that was removed, relocated or destroyed without the required approvals, except that the person violating this covenant may substitute trees of different species with the advice and consent of the Zoning Administrator. (b) No person will be allowed to construct any structural improvements (including decks) following issuance of the Certificate of Occupancy without review and approval by the HOA, which shall be guided by architectural guidelines, as may be established by the HOA documents, and receipt of necessary building permits. (c) Sidewalks and street maintenance, including snow plowing, as well as maintenance of .grounds and landscaping materials to include peripheral screemng fences in common areas throughout the community will be provided by the HOA. (d) With the exception of storage in garages, the parking or storage of recreational vehicles shall be prohibited. (e) Conversion of garages to bedrooms or living space shall be prohibited. 12. Purchaser shall be advised in writing of the covenants described in Proffer 11 prior to entering into a contract of sale. 13. 14. 15. 16. 17. 18. TRANSPORTATION The private streets on the Application ProPerty will not be constructed to City standards for pavement width or right-of-way, but shall be constructed with a pavement section, thickness and material which generally conforms with public street construction standards as determined by the Department of Public Works. The common driveways shown on the GDP/PSP may be asphalt or concrete. Concrete driveways serving the units shall incorporate a minimum of four (4") inches of concrete on a four (4") inch stone base. Asphalt driveways shall, at a minimum, incorporate two (2") inches of asphalt on a four (4") inch stone base. The Applicant, or its successors and assigns, shall assume responsibility for the installation and maintenance of the decorative crosswalk areas located near the site entrance(s) from Maple Avenue, subject to review and approval by Director of Public Works. At the time of site plan approval, the Applicant shall contribute $5,000 toward a future traffic signal at the intersection of Main Street and Maple Avenue. The Applicant shall install stop signs, as appropriate on public and private streets within the community as directed by the Director of Public Works. ENVIRONMENTA l, Stormwater management shall be provided for the property in accordance with Best Management Practice ("BMP") standards in accordance with Fairfax City requirements or as otherwise may be approved by the Director, Department of Public Works. As generally described on the GDP/PSP, stormwater management may be provided in an off-site location provided that prior to site plan approval, the Applicant shall demonstrate that any off- site facility has a design and capacity that conforms to applicable City requirements and further provided that prior to site plan approval, the Applicant shall demonstrate that all necessary easements or permission related to the use and construction and maintenance of the off-site facility are 1999-21 -4 secured from the owner of any off-site areas to be used for stormwater management purposes. In the event the Applicant is unsuccessful in acquiring the land and/or approvals necessary for an off-site stormwater management pond, the Applicant reserves the right to reduce the permitted number of units from 19 to 18 and develop an on-site detention pond to replace Lot 11, in accordance with the standards prescribed by the preceding paragraph. The Applicant further reserves the right to pursue interim on-site stormwater management options in the event development begins prior to the completion of the off- site facility. Any interim stormwater management approaches shall be designed to the standards required by the Director of Public Works. Any proposed pond located on the application property will be owned and maintained by the future homeowners association annual inspection and ongoing maintenance of any pond located on the application property will be the. responsibility of the future homeowners association and an annual written certification report prepared by a registered engineer/architect shall be submitted to the Director of Public Works. LANDSCAPING/TREE PRESERVATION 19. The Applicant shall, at its sole expense, provide landscaping and tree planting in substantial conformance with the quality and quantity of plantings identified in the landscaping concepts shown on the GDP/PSP plans, revised through July 2, 1999. The fences, the decorative walk and gazebo shall be provided in general conformance with the landscape plan and lot typicals prepared by Studio 39 and revised through July 1 & 2, 1999, respectively, and the landscape lot typicals attached hereto as Exhibit 2. If, during the process of site plan review, any landscaping shown on the GDP/PSP plans is removed in order to locate utility lines, etc., then an area of additional landscaping of equivalent value may be substituted at an alternate location on the site, subject to review and approval by the Director of Community Development and Planning. Additional plantings or substitution of plant materials of equivalent or larger size for the plant materials shown on the plant list, dated July 1, 1999, and included as sheet 6 in the GDP/PSP may be permitted, subject to prior review and approval by the Planning Director. 20. Prior to site plan approval, and subject to review and approval by the Director, Community Development and Planning, the Applicant shall perform an evaluation of the existing plant material on the property for the purpose of identifying trees or other plant material which is capable of being relocated to finished lots or the park area located along Maple Avenue. To the extent possible and in accordance with standard and accepted horticultural practices, the Applicant agrees to relocate existing and viable plant material to fulfill the landscaping and planting requirements associated with the final approved landscape plans. As part of the site plan approval process and in connection with development of final grading plans, the Applicant shall work with City Staff to identify additional trees that may be reasonably preserved in common areas or on individual lots in compliance with the development and units shown on the GDP/PSP. If any such trees are identified, this shall be reflected on the final site plan. Cleating limits around any such trees shall be marked on the ground with orange snow fencing or equivalent demarcation prior to clearing and grading and at all times during construction. Should any existing individual tree, shown on the final site plan, not survive the tree bonding period due to the impact of construction, the Applicant shall replace such tree as follows: (a) For a tree up to five (5) inches in diameter at breast height (dbh) failing to survive, one (1) tree with a dbh of not less than 3-3 1/2 inches shall be provided; (b) For a tree between five (5) and sixteen (16) inches in diameter, at 1999-21 -5 breast height (dbh) failing to survive, two (2) trees with a dbh of not less than 3-3 1/2 inches shall be provided; (c) For a tree with sixteen (16) inches or greater diameter at breast height (dbh) failing to survive, three (3) trees with a dbh of not less than 3-3 1/2 inches shall be provided; (d) In general, the replacement trees shall be the same species of the failing tree, except that the Applicant may substitute trees of different species with the advice and consent of the Zoning Administrator. (e) Replacement of trees shall occur: (1) if practical, at the location of tree loss or (2) elsewhere on site (subject to location approval of the Applicant and the City) or (3) in the event that (1) and (2) above are not practical, off-site on public rights-of-way or in areas beneficial to the Property, subject to approval of the city's Director of Public Works. 21. Prior to site plan approval, the final limits of cleating and grading shall be established to respect and protect the drip lines of any off-site trees which may overhang the application property. UNDERGROUND UTILITIES 22. Along the site's frontage to Maple Avenue, the Applicant shall be responsible for the underground installation of all new utility lines serving the site. COMMUNICATIONS TECHNOLOGY 23. All homes on the Property shall be constructed to the specifications of the 1998 "Bell Atlantic Ready" communications technology programs or other similar programs. FUTURE AMENDMENTS 24. Individual sections of the Property may be subject to consideration by the Planning Commission and City Council of an amendment to this application (including GDP and proffers) without joinder or consent of the other sections, if such amendment does not significantly affect the other sections, as determined by the Director of Community Development and Planning. Previously approved proffers applicable to the section(s) which are not subject to such an amendment shall otherwise remain in full force and effect. 25. COUNTERPARTS These proffers may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed an original document and all of which taken together shall constitute but one in same document. 26. Subsequent to rezoning approval, but prior to site plan approval, the Applicant agrees to submit a construction management plan to the Zoning Administrator and the abutting property owners which will include the following information: (a) Anticipated hours of operation and general construction timetable; (b) Truck routes to and from site; (c) Location of parking areas for construction employees; (d) Truck staging and cleaning area as may be applicable; (e) Storage areas for materials; (f) Erosion and siltation fencing details; (g) Trailer and sanitary facility locations; and (h) Maintenance of construction entrances. The Applicant shall identify a person who shall serve as liaison to the community throughout the duration of construction. This individual shall be accessible on the property. The name and telephone number of this individual shall be provided in writing to residents and business owners whose property abuts the site, and to the Zoning Administrator. 1999-21 -6 BE IT FURTHER ORDAINED, that the above conditions, application package and general development/preliminary site plan be approved and that variance ~ § 26-148.22(b) and (d~ to -erm:~ ~ --~ .... · .... s be granted from ~ , v ,L ,~ ,ruucuon ot me reqmred 25-foot-wide perimeter buffer area along the south and east property boundaries: to permit a reduction of the required 20-foot-wide minimum building setback for front ~nd rear yards of interior lots; to exceed the 50% maximum impervious surface; and to reduce the required amount of contiguous common or public open space area; and, ~ § 21-8(d) to permit a modification of the requirement to provide sidewalk on both sides of the private street. 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: June 14, 1999 City Council hearing: ~ City Council reconsideration: ~ Adopted: ~ A~TEST: The motion to adopt the ordinance was approved 6-0. (~~~ MayOr Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome Vote Aye Aye Aye Aye