20001010 2000-21ORDINANCE NO. 2000-2!
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 57-3-((2))-42, 43, 44, 45 AND 46 AND ALSO
KNOWN AS 10606, 10608, 10610, 10612 AND 10614 SCHOOL STREET.
WHEREAS, Stanley Martin Homebuilding, LLC, by Brandy Turman, Vice President,
submitted application No. Z-778-99-2A requesting a change in the zoning classification
from R-1 to PD(p) for the parcels identified above, and more specifically described as
follows:
Being the remaining portion of Lots 15, 16, 17, 18 and 19 as shown on a
plat of Subdivision entitled "J.W. Rust, Subdivision F. W. Murray Tract" as
recorded in Deed book W-8 at Page 249 and also know as Parcels 42, 43,
44, 45 and 46 as delineated on Tax Assessment Map Number 57-3-((2)) of
The City of Fairfax, Virginia, less and except those portions dedicated to
public street purposes in Deed Book 5434 at pages 1941, 1988 and 1991
and in Deed Book 5440 at page 1390 all being among the Land Records of
Fairfax County, Virginia and being more particularly described as follows:
Beginning for the same at a point on the Northerly right-of-way line of
School Street (50 foot wide) said point also the common Southerly comer of
Lot 14 and Lot 15 of the aforementioned J.W. Rust Subdivision, thence
leaving said right-of-way binding and running with the common division
line of said Lots 14 and 15.
1.) North 02°15'21" West, 361.93 feet to an iron pipe found on the
Southerly line of the property of the City of Fairfax as recorded in Deed
Book 3195 at page 32 thence binding and running with said Southerly line
and also with the Southerly line of the property now or formerly of Avalon
Properties, Inc., as recorded in Deed Book 10038 at Page 282 among the
Land Records of Fairfax County, Virginia
2.) South 77048'38'' East, 600.04 feet to an iron pipe found being the
common Northerly corner of Lots 19 and 1 as shown on the aforementioned
J.W. Rust Subdivision, thence leaving the Southerly line of Avalon, binding
and running with the common division line of Lots 19, 1 and Lot 2 of said
J.W. Rust Subdivision.
3.) South 00°54'31'' West, 221.24 feet to a point on the aforementioned
Northerly right-of-way of School Street (50 foot wide), thence binding and
running with said right-of-way
4.) South 88°36'59" West, 568.92 feet to the point of beginning containing
168,037 square feet or 3.85759 acres of land.
1
2000-21
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, with the
recommended revisions to the GDP/PSP, 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-1 (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:
SEE THE ATTACHED PROFFERED CONDITIONS DATED AUGUST
17, 2000 AND REVISED THROUGH OCTOBER 10, 2000 (WITH
REVISED GRADING PLAN DATED SEPTEMBER 25) AND
APPROVED BY CITY COUNCIL ON OCTOBER 10, 2000.
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development/preliminary site plan be approved with following revisions to the GDP/PSP to
include:
a. Brick or stone watertables on the side facades (in addition to
the fronts) of lots 16 and 19 that face the private street;
b. Additional fenestrations and architectural detailing on the front
and side facades of lots 16 and 19 that face the private street;
c. Landscape screening around the privacy fence between lots 18
and 19 subject to review and approval by the Director of
Community Development and Planning; and
d. Privacy fences for lots 16 and 19, installed by the developer,
consistent with the illustration on the Landscape Plan revised
through October 9, 2000.
and to provide limits of clearing and grading that achieve better tree save in the northwest
comer of the subject site and in the area of the proposed park, and that variances be granted
from City Code §26-141(b) and (d) to allow less than 20 feet of open space around the
external walls of buildings, less than 20% of the gross tract area in open space sections of
less than 10,000 square feet; and waiver of the commercial component required in the
Planned Development (PD) District.
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.
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2000-21 -3
Planning Commission hearing: September 11, 2000
City Council hearing: September 26, 2000
Adopted: September 26, 2000
Reconsidered and Adopted: October 10, 2000
ATTEST:
[~ity Clerk
(Mayor'~~
Date
The motion to adopt the ordinance was approved 6-0.
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthome
Vote
Aye
Aye
Aye
Aye
Aye
RECEiVeD
f40V 0 6 2000
STANLEY-MARTIN HOMEBUILDING, L.L.C. ("Stanley-Martin)
PROFFERED CONDITIONS
CHANCERY PARK-PHASEII
PROPOSED ZONING MAP AMENDMENT
August 17, 2000
(Revised through October 10, 2000)
Pursuant to Section 15.2-2297 of the 1950 Code of Virginia, as amended, and Section
26-6(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Stanley-Martin
("Applicant and Owner"), and each of their successors and assigns, agree that the
development of the property that is the subject of an application for Zoning Map
Amendment filed by Stanley-Martin, as revised through October 10, 2000 and shown on
City of Fairfax Tax Map 47-3-((2)), parcels 42-46 ("Property"), will be in accordance with
the following Proffered Conditions if the Zoning Map Amendment is granted and the
Property is rezoned to the PD(p) (Planned Development with proffers) District in ~,)~,:r.o~'-'~
accordance with Applicant's General Development Plan as revised through.,~eC47,~Cb~¢- '/O
~ 2000, showing up to 21 units. The Applicant proffers the following conditions:
GENERAL DEVELOPMENT PLAN. The general character of the development of
the Property shall be in substantial conformance with the General Development
Plan (GDP) entitled "Chancery Park, Phase I1" as revised through October 10, 2000,
prepared by B.C. Consultants.
LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in
substantial accordance with the Landscape Plan as revised through October 9,
2000, subject to Board of Architectural Review approval. The Applicant shall
provide a landscape screen and an eight foot high solid wood fence along the
eastern and western edges of the site to act as a buffer to the adjacent properties.
The Applicant shall install landscaping, a six foot high solid wood fence and
columns, as shown in the typical section on sheet 3 of 4 of the GDP, along School
Street in substantial conformance with the GDP. The locations of the fences are
shown on sheet 3 of 4 of the GDP. The Applicant shall provide a landscape screen
along the western edge of the site to act as a buffer to the adjacent property. The
Applicant shall provide landscaping on the south side of the existing fence along the
northern edge of the site. Landscape screening shall be placed around the privacy
fence between lots 18 and 19 subject to review and approval by the Director of
Community Development. Privacy fences for lots 16 and 19 shall be installed by
the developer, consistent with the illustration on the Landscape Plan revised through
October 9, 2000.
TREE PRESERVATION. The Applicant shall preserve trees on the Property as
shown on the Landscape Plan prepared by BC Consultants dated November 1999,
2000, as revised through October 9, 2000, subject to minor adjustment during site
plan review with approval of the Zoning Administrator. Tree management plan
requirements will be met in conjunction with site plan approval and during
construction; Specifically:
Applicant shall conform to the limits of clearing and grading as shown on the
GDP. It is understood that trees may be disturbed in order to provide necessary
utilities such as power, phone, gas and cable tv and other improvements i.e.
retaining walls, drainage swales, etc., and the improvements as shown on the
GDP subject to the review and approval of the Director of Community
Development and Planning. In making these necessary improvements, care
shall be exercised to minimize disturbance to trees. The Applicant may remove
trees identified as dead, dying or diseased, with appropriate tree removal
permits as a part of clearing/grading operations.
Clearing limits shall be fenced as recommended in the Tree Management Plan
(attached), prior to clearing and grading and at all times during construction.
The Applicant shall designate a qualified person, acceptable to the City Zoning
Administrator, who is knowledgeable in tree preservation to oversee the clearing
and grading activities near preservation areas and ensure continual protection of
the trees.
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Should any existing individual tree, shown on the Tree Management Plan (as
augmented during the site plan process under terms of the Tree Management
Plan) not survive the site plan warranty period due to the impact of construction,
the Applicant shall replace such trees as follows:
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 ½ inches shall be
provided;
ii.
For a tree between five (5) and sixteen (16) inches in diameter at breast
height (dbh) failing to survive, two (2) trees with a dbh of not less than 3-3
½ inches shall be provided;
iii.
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 ½
inches shall be provided;
iv.
In general, the replacement trees shall be the same species 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.
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 and (1) and (2) above are not
practical, off-site on public rights-of-way along School Street or in areas
beneficial to the Property or elsewhere in the City, subject to approval of
the City's Director of Public Works.
A fifteen foot tree conservation easement will be placed on the rear lot lines along
east, north and west boundaries of the property. This easement will take effect after
development. Decks may extend five feet into this easement. A joint inspection
between the City and the developer is to take place after the project is flagged for
clearing to determine if the trees to be saved are of sufficient canopy and of sound
enough condition to be saved. If not, the trees will be removed and replaced in
accordance with the above provisions. The flagging and inspection is to take place
once the initial subdivision design has been done and the plans are submitted to the
City for their initial review. Applicant will conduct a tree survey to determine if any
existing trees that are of sufficient canopy and of sound condition can be saved
within the design parameters of the project.
A tree assessment will be performed by a certified arborist in the conservation area,
Parcel A and the park along School Street to determine which trees are worthy
enough to be saved. The clearing limits as shown on sheet 4 of the GDP will be
flagged and a joint inspection will be held with the City to determine if there are
trees in the park area and Parcel A that are within the clearing limits that are worthy
of saving. Stanley-Martin, within reasonable design parameters, will endeavor
to save as many of these designated trees as possible.
RECREATION. At the time of issuance of each Certificate of Occupancy on the
Property, the Applicant shall contribute the amount of $750.00 per unit to the City for
the future construction, by others, of the recreational amenities at the nearby
Providence Park
5. SIDEWALKS
a. The Applicant shall provide sidewalks throughout the Property as depicted on
the GDP.
b. The Applicant shall, at its sole expense, construct to City standards sidewalks
as shown on the GDP.
ARCHITECTURAL DESIGN. The building elevations prepared by Devereaux &
Associates 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 and quality of these illustrative elevations, but the
Applicant reserves the right to modify these elevations based on final architectural
design and approval of the Director of Community Development and Planning. All
facades of residences shall be constructed of brick, stone, hard board siding,
cementious siding, or natural wood, except architectural appurtenances, detailing
and/or accents. A minimum of one-half of the homes shall have brick or stone front
facades. Building materials of all facades adjacent to public streets shall be brick or
stone. At a minimum, all front elevations shall have a brick or stone skirt or
watertable with the exception of front porch areas. The skirt or watertable of all rear
facades shall be brick, stone or architectural concrete designed to resemble brick or
stone. All exterior chimneys shall be constructed of brick or stone. Neither
aluminum nor vinyl siding shall be utilized on any of the homes built on the Property.
Brick or stone watertables will be placed on the side facades ( in addition to the
fronts) of lots 16 and 19 that face the private street. Additional fenestrations and
architectural detailing shall be placed on the side facades of lots 16 and 19 that
face the private street.
7. ROAD CONSTRUCTION.
The private street shall be constructed (subgrade and pavement thickness but
not width) to City of Fairfax public street standards as approved by the City's
Director of Public Works. The Applicant shall provide a public ingress/egress
easement for the private street and adjacent sidewalks.
b. The Applicant shall install a brick paver crosswalk at the entrances to the
Property on School Street as approved by the Director of Public Works.
c. The Applicant shall install stop signs, as appropriate, on public and private
streets within the Community, as directed by the Director of Public Works.
COMMUNICATIONS TECHNOLOGY. All homes on the Property shall be
constructed to the Specifications of the 1998 "Bell Atlantic Ready" communications
technology programs or comparable program.
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RESTRICTIVE COVENANTS. The Applicant or its successors shall form a HOA,
which shall become a part of the Chancery Park Homeowners Association, which
shall enforce restrictive covenants for the Property. The covenants shall include,
but not be limited to, the following:
No person will be permitted to erect any structural improvements (including
decks as noted on the GDP) following issuance of the Certificate of Occupancy
without review and approval by the HOA, which shall be governed by
architectural guidelines established by the HOA documents, approval of the
City's Zoning Administrator and receipt of necessary building permits.
do
Sidewalks and street maintenance, including snow plowing, in the Phase II
section of the Community, as well as maintenance of grounds and landscaping
materials in common areas throughout the community will be provided by the
HOA.
Conversion of garages that would preclude the parking of vehicles within the
garage will be prohibited in the development. This shall not preclude the
developer from utilizing the garages as sales offices in the model homes during
marketing of the development, with the understanding the sales offices will
be converted back to garages upon sale of the models.
No recreational vehicle, boat, camper or trailer will be permitted to be stored on
the street, on the lots or in the garages.
10. CONSTRUCTION MANAGEMENT.
The Applicant will provide a cash bond of $15,000 to provide for any damage to
School Street west of the intersection of Chain Bridge Road due to construction
traffic associated with the development of the property prior to Site Plan
approval. This cash bond will replace the $10,000 cash bond issued to the City
for Chancery Park Phase I. A joint inspection of School Street will be conducted
with the Department of Public Works prior to the start of construction of Phase II.
The Applicant will have a plan for the phased construction of the development
approved by the Zoning Administrator one month prior to the beginning of
construction, to include the timetable for public and site improvements, plans for
temporary pedestrian and vehicular circulation during construction and plans for
any ancillary facilities such as sales or construction trailers. Internal roads shall
be installed to a hard, dustless surface that is acceptable to the City of Fairfax
Fire Chief prior to the delivery of combustible construction materials within a
phase. This provision shall not be required of houses located immediately
adjacent to School Street.
The Applicant shall identify a person who will serve as liaison to the community
throughout the duration of construction. This individual will be available
throughout the hours of construction, including weekends. 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,
and shall be posted at the entrance of the project.
11. LIGHTING. A light called "The Decorative" provided by Virginia Power or
comparable, consistent with the lights approved for Chancery Park Section 1,
subject to approval of the Director of Public Works and the Director of Community
Planning and Development, shall be provided at the front intersections of the site.
A yard light will be installed on each lot.
12. FUTURE AMENDMENTS. Individual sections of the Property may be subject to
consideration by The Planning Commission and City Council for 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.
13. 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.
OWNER
STANLEY-MARTIN HOMEBUILDING L.L.C.
Brandi F. Turman
Vice President
STANLEY-MARTIN HOMEBUILDING, L. L. C.
CHANCERY PARK- PHASE II REZONING
TREE MANAGEMENT PLAN
August 17, 2000
1. Clearing limits shall be clearly marked in the field prior to the beginning of
any clearing and grading operations. Following marking in the field, limits
shall be walked with owner or owner's designated representative,
arborist/forester hired by owner, site superintendent and clearing contractor
to make minor adjustments as necessary to preserve trees listed in the tree
preservation activity schedule. All fencing and root pruning shall be
completed prior to any tree clearing activity.
2. Root pruning and installation of protective fencing shall be completed prior to
the beginning of clearing and grading operations.
Tree protection fencing shall be four feet tall 14 gauge welded wire attached
to six foot steel t-bar posts driven two feet into the ground at a maximum
fifteen foot spacing. Fencing shall be installed at the limits of clearing and
grading as adjusted in note number 1.
During clearing and grading operations and throughout construction,
no activity shall be permitted in tree save areas without authorization
from owner and arborist/forester. Precluded activities include:
a. Felling of trees into preservation areas or operation of heavy
machinery in to fell trees on the perimeter of perimeter of preservation
areas.
b. OPERATION OF HEAVY EQUIPMENT OR MACHINERY OF ANY
KIND IN PRESERVATION AREAS FOR ANY PURPOSE.
c. Placement of excess soil, fill or materials of any kind in preservation
areas.
d. Placement of any construction materials of any kind in preservation
areas.
e. Parking or storing equipment or vehicles in preservation areas.
f. Dumping chemicals or concrete washout in preservation areas.
g. Burning of any material or debris in preservation areas or within 200
feet of preservation areas.
h. Trenching, grading or excavating for any purpose in preservation
areas.
i. Installation of landscaping, irrigation, turf, drainage systems, etc.
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10.
11.
12.
Signs shall be installed every thirty feet on fencing which indicate "Tree
Preservation Area - Keep Out".
Root pruning shall be completed at the limits of disturbance for all trees
indicated in tree preservation areas.. Root pruning shall be to the depth of
excavation not to exceed twenty-four inches. Root pruning shall be
accomplished by using a trencher, vibrating plow or by hand.
Tree protection fencing shall be placed adjacent to root pruning on the same
side as trees to be preserved. Silt fencing will be added wherever runoff
from cleared areas may flow into preservation areas. It shall be placed into
root pruning trench or slit and fastened to preservation fencing.
Trees to be removed which are within preservation areas shall not be
pushed over with heavy equipment. Stumps of trees to be removed from
preservation areas shall remain or be ground out using a stump grinder.
Trees indicated will be mulched with wood chips generated from clearing
operations. Mulch shall be spread to a uniform thickness of three to five
inches by hand. It shall be placed in an area around the tree equal to a
minimum of one-half foot of diameter for every inch of tree diameter as
indicated, but shall not extend beyond the limits of disturbance.
Fertilization shall be injected into the soil in the areas mulched around the
trees indicated. Fertilizer shall be applied at a rate of 1.5 pounds of nitrogen
per 1,000 square feet of root zone being fertilized. Formulation shall be
balanced and contain majority of nitrogen in slow release form. A bio-
stimulant shall be added to formula to promote root growth.
All pruning shall conform to ANSI A300 pruning standards. Maintenance
pruning shall consist of crown cleaning to remove deadwood 1.5 inches or
greater at the point of attachment. Diseased, dying or damaged limbs 1.5
inches or greater shall also be properly pruned from the trees. Crown
reduction by the removal of limbs not exceeding two inches in diameter at
their point of attachment shall be performed at the contractor's discretion
where trees have had severe root loss or root disturbance due to
construction. Crown reduction shall not exceed fifteen percent of the live
crown. Hazard pruning shall consist of crown cleaning to remove dead limbs
3" or greater at their point of attachment and other dangerous limbs.
Trees indicated for pest treatment shall have two borer treatments applied at
appropriate time following clearing and grading. Borer treatments shall be
spaced three weeks apart in June through July depending on local climate
conditions affecting borer activity.
13. Cabling shall be completed, as indicated, using extra-high strength steel
cable and pre-formed cable ends. All attachments will require the use of
thimbles. Lags may be used on solid limbs less than ten inches in diameter
where cables are anchored. Limbs greater than ten inches or with internal
decay will require the use of a through bolt, nut and washer.
14. All activities in Tree Preservation Areas shall be performed under the direct
supervision of an arborist certified by the International Society of
Arboriculture.
/'2.