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20000926 2000-20ORDINANCE NO. 2000-20 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-I, (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. 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 comer 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 88036'59'' West, 568.92 feet to the point of beginning containing 168,037 square feet or 3.85759 acres of land. 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 to combine lots 19 and 20 and eliminate one of these units, 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, 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; 2000-20 -2 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 SEPTEMBER 13, 2000 (WITH REVISED GRADING PLAN DATED SEPTEMBER 25) AND APPROVED BY CITY COUNCIL ON SEPTEMBER 26, 2000 WITH THE FOLLOWING PROFFER CHANGE: 7a. Purchasers of lots shall be informed of the private street and the homeowners' association maintenance requirements and that the private street is currently ineligible to be incorporated into the city street system. BE IT FURTHER ORDAINED, that the above conditions, application package and general development/preliminary site plan be approved with revisions to the GDP/PSP to combine lots 19 and 20 and eliminate one of these units, 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 Ci_ty 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 This ordinance shall be effective as provided by law. Planning Commission hearing: September 11, 2000 City Council hearing: September 26, 2000 Adopted: September 26, 2000 ATTEST: City Clerk The motion to adopt the ordinance was approved 6-0. Mayor Date Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthorne Vote Aye Aye Aye Aye Aye Aye