20000111 2000-1ORD/NANCE NO.
2000-1
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM C-2 (RETAIL COMMERCIAL) AND R-3
(RESIDENTIAL) , TO PD(p) (PI,ANNED DEVELOPMENT WITH PROFFERS), "THE
PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 57-4-((2))-132
AND LOCATED AT 10328 SAGER AVENUE.
WHEREAS, Jaguar Homes, Inc., by Martin D. Walsh, Attorney-in-Fact, submitted
application No. Z-783-99-1 requesting a change in the zoning classification from C-2,
Retail Commercial, and R-3, Residential, to PD(p), Planned Development with proffers,
for the parcel identified above, and more specifically described as follows:
Being all of the property acquired by Marguerite M. Orr from Viola M. Orr
and W. M. Orr by deed dated December 21, 1962 and recorded in Deed
Book 2243 at Page 105 among the Land Records of Fairfax County and
being more particularly described as follows:
Beginning at a point on the northerly right-of-way line of Sager Avenue (60'
right-of-way), said point also being the southeasterly corner of the property
owned by Joseph & Sarah Cantone/EA and J. J. L. & Laura Mathy as
recorded in Will Book 331 at Page 304; thence leaving Sager Avenue and
running with said Cantone/Mathy the following course and distance,
North 22o34'48'' East, 250.41 feet to a point, said point being on the
southerly right-of-way line of Little River Turnpike - Route 236
(right-of-way varies); thence leaving said Cantone/Mathy and
running with said Little River Turnpike
South 67o26'40'' East, 379.50 feet to a point, said point being the
northwesterly corner of the property of Joseph & Sarah Cantone/EA
and J. J. L. & Laura Mathy as recorded in Deed Book 7251 at Page
1443; thence leaving Little River Turnpike and running with
Cantone/Mathy
South 22049'44'' West, 257.99 feet to a point, said point being on the
northerly right-of-way line of said Sager Avenue; thence leaving
Cantone/Mathy (Deed Book 7251 Page 1443) and running with said
Sager Avenue
North 66o17'49'' West, 378.44 feet to the point of beginning and
containing 96,326 square feet or 2.21134 acres of land; 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 C-2 (Retail Commercial) and R-3 (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 FINAL PROFFERED CONDITIONS DATED, REVISED AND
APPROVED BY CITY COUNCIL ON JANUARY 11, 2000.
2000-1
BE IT FURTHER ORDAINED, that the above conditions, application package and
general development/preliminary site plan be approved, and that variances and a waiver
be granted from
1. i_C. iLv__C.o~ Section 26-141(d) to allow impervious surfaces to exceed 50
percent of the total gross lot area;
2. City Code Section 26-141(g) to allow fences, wails, structures and parking
areas within 25 feet of the right of way line;
3. City Code Section 26-141(e) to eliminate the requirement for a minimum of
200 square feet of commercial gross floor area for each dwelling;
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: December 13, 1999
City Council hearing: January. 11. 2000
Adopted: January_ 11, 2000
ATTEST:
Mayor
-2
Clerk
The motion to adopt the ordinance was approve 5-1.
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
^ye
Nay
Ay~
2000-1
FINAL
JAGUAR HOMES, L.C. ("Jaguar")
PROFFERED CONDITIONS
January 11, 2000
Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and Section 26-
6(b) of the Zoning Ordinance of the City of Faiffax, Virginia, Jaguar Homes, L.C. ("Applicant"), Fish
Construction Co., Inc. ("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 Z-783-
99-1 filed by Jaguar Homes, L.C., dated February 16, 1999, as amended, and shown on City of
Fairfax Tax Map 57-4 ((2)) 132 ("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 accordance with Applicant's General Development
Plan/Preliminary Site Plan entitled "Sager Avenue Condominiums" dated February 25, 1999, as
amended through December 8, 1999, showing 96 residential units. The proffered conditions are:
GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN. The general
character of the development of the Property shall be in substantial conformance with the
General Development Plan/Preliminary Site Plan (GDP/PSP) dated February 25, 1999, as
amended through December 8, 1999, prepared by VIKA, Incorporated.
IANDSC~ING. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with Sheets 4 through 6 of the GDP/PSP subject to Board of Architectural
Review approval.
The Applicant shall construct earthen berms between the building/parking area and
the sidewalk along the Sager Avenue frontage as shown on Sheet 5. At the direction
of the City, the Applicant shall install a raised brick or stone planter and berm along
Sager Avenue east of the site entrance, to further screen and minimize the views of
the southeast section of the building from The Crossings and Sager Avenue. The
berms shall be planted with trees and other landscape material to provide an effective
year round screen.
The Applicant shall provide a landscaped entry plaza with a fountain at its Main Street
entrance in substantial conformance with the design prepared by Devereaux and
Associates and shown on Sheet 4 of the GDP/PSP.
Co
The Applicant shall construct a pedestrian plaza at the entrance to the building from
Sager Avenue in substantial conformance with the design prepared by Devereaux and
Associates and shown on Sheet 4 of the GDP/PSP.
2000-1
Jaguar Homes, L.C.
Z 783-99-1
Page 2
The Applicant shall provide a brick enclosure around the proposed trash compactor
and shall provide a mixture of evergreen landscaping outside the enclosure to screen
it from public view.
The Applicant shall, at its sole expense, install lighting along the Property's Sager
Avenue and Main Street frontages, in accordance with City standards.
SIDEWALK AND CROSSWALK.
The Applicant shall construct a five (5) foot brick sidewalk along the Property's
frontage with Sager Avenue as shown on the GDP/PSP.
The Applicant shall construct an eight (8) foot brick sidewalk along the Property's
Main Street frontage, as shown on the GDP/PSP. Adjacent to the sidewalk, the
Applicant shall provide two seating areas with benches and trash receptacles as shown
on Sheet 2 of the GDP/PSP for use by the general public.
The Applicant shall record a public access easement and maintenance agreement for
the seating in the landscaped areas on the Property described in 3(b) above and for
portions of the Main Street sidewalk outside the public right-of-way. The Applicant
shall maintain the sidewalks outside of the public right-of-way in a manner to ensure
a City standard.
The Applicant shall make a monetary contribution of $6,000 to the City of Fairfax
Department of Public Works, to cover the cost of installing a textured crosswalk
across Main Street at the median break on Main Street east of the Property.
TRAII,. The Applicant shall make a monetary contribution of $50,000 to the City of Fairfax
to cover the costs of acquiring easements and constructing an off-site eight (8) foot wide
asphalt trail providing a connection between Sager Avenue and Main Street. One half of the
contributiort, $25,000, shall be made at the time of issuance of the first building permit on the
Property. The remaining $25,000 shall be contributed at the issuance of the first Certificate
of Occupancy for a dwelling unit on the Property.
ARCHITECTURAL DESIGN. The building elevations prepared by Devereaux and
Associates attached as Sheets 2 through 5 in the supplemental GDP/PSP package prepared
by VIKA, Inc. and dated November 11, 1999 are provided to illustrate the architectural theme
and design intent of the building. The architectural design of the proposed building shall
generally conform with the character and quality of these illustrative elevations, but the
Applicant reserves the right to modify these elevations and add architectural ornamentation
2000-1
Jaguar Homes, L.C.
Z 783-99-1
Page 3
based on final architectural design and Board of Architectural Review approval. The building
materials of all facades shall be predominately brick, stone or materials satisfactory to the
Board of Architectural Review ("BAR"). All chimneys and exposed foundations shall be
constructed of brick or stone. The design of the building and site shall be executed in a
manner that will result in development of high quality. To that end, the final plans shall
comprehensively incorporate details including, but not limited to:
(a)
(b)
(c)
(d)
(e)
(0
palladian or arched windows used when possible as accent windows;
keystone lintels, where appropriate;
belt courses;
substantial cornices;
"architectural" (dimensional) roofing materials; and
extensive use of windows with mullions (not individual panes).
The Applicant shall consider the use of quoins at the comers of the building prior to
submission and review of the architecture by the Board of Architectural Review.
The building shall be designed to meet the accessibility requirements of the Fair Housing Act.
Condornim'um units will be one level homes, elevator served, with lower level garage parking
and will have security systems in place at the building entrance. All condominium dwelling
units will provide accessible door widths and hallways to allow passage for people with
disabilities. Units will provide electrical outlets, light switches, thermostats, and other
environmental controls in accessible locations. Units will contain reinforced bathroom walls
for installation of grab bars. Standard optional packages would include modifications to
cabinet heights and openings in kitchens and baths, appliances with controls for seated users,
lever controls for faucets, and offset shower/bath controls, with additional items provided
upon request.
STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICES. The
Applicant shall construct an underground stormwater detention facility and a Best
Management Practices (BMP) sand filter. Design of the proposed facilities shall be subject
to the review and approval of the Director of the Department of Public Works prior to
construction. In addition to Ordinance requirements, approximately 0.3 pounds of additional
phosphorous removal will be provided. Furthermore, an oil and grit separator shall be
installed to manage water quality for that portion of the parking lot that does not flow
through the proposed sand filter. The proposed facilities will be owned and maintained by
the Applicant or successors/assigns. Said maintenance shall include an annual inspection by
a qualified engineer to determine the need for additional maintenance. The results of the
inspection shall be provided to the Department of Public Works.
2000-1
Jaguar Homes, L.C.
Z 783-99-1
Page 4
e
e
10.
11.
UTILITIES. The Applicant shall, at its sole expense, place underground the existing
overhead utility lines along the Property's frontage on Main Street, subject to approval of the
Director of Public Works.
BUS SEATING AREA. The Applicant shall, at its sole expense, provide a bus shelter on
the south side of Main Street near the northeast corner of the Property as a convenience to
bus patrons, subject to review and approval by the Director of Public Works and Director of
Community Development and Planning. Said bus shelter shall be designated to coordinate
with the bus shelter design utilized at the University Shopping Center on the north side of
Main Street.
RATCLIFFE PARK. The Applicant shall make a monetary contribution of $25,000 to the
City of Fairfax for landscaping and facility improvements to Ratcliffe Park. Such
contributions shall be made at the time of final site plan approval.
COMMUNICATIONS TECHNOLOGY. The Applicant shall, as a standard feature,
provide all homes on the Property with RG6 Category 5 wiring having the capacity to access
high speed Internet connections. As an option, the Applicant shall make available to
purchasers on an optional basis a wide array of upgrade options available through Bell
Atlantic Ready System or similar system. Such upgrade features shall be displayed in the
model units/sales offices. In addition, the Applicant shall provide satellite television
connections for unit owners as an option to cable television.
CONSTRUCTION MANAGEMENT PLAN. Subsequent to rezoning approval but prior
to site plan approval, the Applicant agrees to submit a management plan for approval by the
City Manager or designee for construction which will include the following information:
a. Hours of operation;
b. Truck routes to and from entrances;
c. Location of parking areas for construction employees;
d. Truck staging and cleaning areas;
e. Storage areas;
f. Fencing details;
g. Trailer and sanitary facility locations;
2000-1
Jaguar Homes, L.C.
Z 783-99-1
Page 5
12.
13.
h. Traffic control measures; and
I. Maintenance of entrances.
The Applicant shall take every reasonable step to discourage construction traffic through
nearby single-family neighborhood communities.
The Applicant shall provide cash, bond or letter of credit in the amount of $20,000 to provide
for any damage to the road system fi-onting the Property (i.e., Main Street and Sager Avenue)
due to construction traffic. A joint inspection with the Department of Public Works of the
condition of such roads will be made prior to the start of construction.
The Applicant shall provide a plan for phased construction of the development one month
prior to beginning of construction to include the timetable for public and site improvements
and plans for any ancillary facilities such as sales or construction trailers.
Construction activity shall be limited fiom 7:00 A.M. to 6:00 P.M., weekdays and 8:30 A.M.
to 5:00 P.M., Saturdays. No construction activity shall take place in Sundays.
The Applicant shall prohibit construction traffic to and from the Property from utilizing Sager
Avenue east of the Property.
The Applicant shall identify a person who shall serve as liaison to the community throughout
the duration of construction. 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. The telephone number of this individual shall be posted at the entrance
of the community.
The Applicant shall provide a plan for temporary pedestrian and vehicular circulation during
construction. This plan shall identify temporary sidewalks and any other feature necessary
to ensure safe pedestrian and vehicular travel around the site during construction. The plan
shall be provided to the Department of Community Development and Planning prior to site
plan approval for each phase of development.
PARKING. Notwithstanding information provided in the GDP/PSP, the Applicant shall
provide on-site a minimum of 2.2 parking spaces per dwelling unit.
OCCUPANCY RESTRICTIONS. The occupancy of each dwelling unit in the
condominium development shall be limited to no more than two persons unrelated by blood
marriage or adoption.
2000-1
Jaguar Homes, L.C.
Z 783-99-1
Page 6
14.
15.
16.
17.
18.
CONDOMINIUM ASSOCIATION. The Applicant shall form a condominium owners
association (COA) which shall enforce restrictions for the Property which shall include, but
not be limited to:
No dwelling unit shall be occupied by more than two persons unrelated by blood,
marriage or adoption.
bo
The aggregate number of vehicles which may be parked or stored on the common
elements of the condominium by the occupants of any dwelling unit shall not exceed
two (2).
c. Parking of recreational vehicles and boats on the property shall be prohibited.
MAINTENANCE RESPONSIBILITIES. The Applicant and then the subsequent
Condominium Owners Association (COA) shall be responsible for snow removal, travel
aisle/parking lot maintenance, maintenance of the stormwater management facilities, as well
as trash and recycling collection. The Applicant shall notify all prospective purchasers in sales
literature and purchasers in writing at settlement of these maintenance responsibilities.
TREE PRESERVATION. Subject to further evaluation by the Applicant and Zoning
Administrator during site plan review, the Applicant shall define limits of clearing and grading
and provide tree preservation in general conformance to that shown on the GDP/PSP.
TRANSPORTATION MANAGEMENT. The Applicant and subsequent COA shall
provide unit owners with information on bus service and Metro connections serving the
Property. The information shall be kept current and posted on the Property to encourage bus
and transit usage.
EAST STREET/MAIN STREET INTERSECTION. Subject to approval by the Director
of Public Works, the Applicant shall fund and install an overhead sign within the East Street
right-of-way at the northbound approach to the East Street/Main Street intersection to
provide for one lane designated for North Street - westbound and one combined through/right
turn lane designated for Old Lee Highway - northbound and Main Street - eastbound. In
addition, the Applicant shall provide painted lane designations through the intersection to
facilitate the safe movement of vehicles headed northbound on East Street. These
improvements shall be installed by the Applicant within ninety (90) days following site plan
approval.
Alternatively, at the sole discretion of the City, the Applicant shall, in lieu of providing the
above improvements, make a monetary contribution to the City of Fairfax for 50 percent of
2000-1
Jaguar Homes, L.C.
Z 783-99-1
Page 7
19.
20.
the cost of acquiring the right-of-way for a third lane along East Street or other
transportation improvements at this intersection; provided the Applicant's contribution not
exceed $25,000. Such contribution shall be made at the time of final site plan approval.
SAGER AVENUE EGRESS. Upon the one year anniversary of the full occupancy of the
building, if, in the opinion of the Department of Public Works, there are traffic problems at
Sager Avenue that would be relieved by a prohibition of left turns from the project onto
eastbound Sager Avenue from 7:00 a.m. to 9:00 a.m. on weekdays or alternatively any two
hour time weekday period which may be requested by the City, the Applicant agrees, upon
request of Department of Public Works to institute such a prohibition.
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.
[SIGNATURES BEGIN ON NEXT PAGE]
J:~JAGUARX2463.2~PROFFERSXPROF0111.FIN
2o6o-
Jaguar Homes, L.C.
Z 783-99-1
TITLE OWNER OF TAX MAP 57-4 ((2)) 132
FISH CONSTRUCTION CO., [NC.
BY: Emil
[SIGNATURES CONTINUED ON NEXT PAGE]
2000-1
.Taguar Homes, L.C.
Z 783-99- !
,TA~L~AR
AP~'LZCANT/
AGBNT FOP,
LoC,
FISH CONSTRUCTION CO., INC.
By: Bdmea Cettiva
[SIONATIJRBS BND]