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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. -2 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. Co 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. o 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. o o o o 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.