20050308 2005-03ORDINANCE NO. 2005-3
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-2, RESIDENTIAL DISTRICT, TO RPD,
RESIDENTIAL PLANNED DEVELOPMENT DISTRICT, WITH PROFFERS, "THE
PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57-2-02-
145 AND 57-2-02-146.
WHEREAS, Fairfax Homes, Inc, by Lynne Strobel, Attorney/Agent, submitted application
No. Z-799-04-1 requesting a change in the zoning classification from R-2 to RPD with
proffers for the parcels identified above, and more specifically described as follows:
Beginning at a point on the westerly line of Chain Bridge Road (Route 123),
said point marking the southeasterly comer of Rodney K. and Donna J.
Stafford; thence with the westerly line of Chain Bridge Road S12°11'00"W,
229.25 feet to a point; thence with the westerly line of Chain Bridge Road and
continuing with the northerly line of Parcel "A", Rustfield N68°46'00"W,
500.18 feet to a point marking the southeasterly comer of James and Catherine
A. Hurst; thence with the easterly line of the said Hurst with a curve to the left
whose radius is 993.40 feet and whose chord is N02°l i'01"E, 156.70 feet, an
arc distance of 156.86 feet and N03°40'00"W, 86.30 feet to a point marking
the southwesterly comer of Max Family Limited Partnership et al; thence with
the southerly line of Max Family Limited Partnership et al and continuing with
the southerly line of Rodney K. and Donna J. Stafford S68°46'00"E, 551.60
feet to the point of beginning, containing 2.71 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 R-2, Residential District, to RPD, 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 110-7, which are proffered
by the property owners:
SEE THE ATTACHED PROFFERED CONDITIONS DATED FEBRUARY 25,
2005, AND AMENDED MARCH 8, 2005, AND APPROVED BY CITY COUNCIL ON
MARCH 8, 2005.
BE IT FURTHER ORDAINED, that the above conditions, application package and General
58(2)a and b to allow filling and redevelopment in the floodplain as shown on the General
Development Plan/Preliminary Site Plan, that a variance be granted from City Code {} 110-
673(2) to require an open space area of at least 25 feet around the perimeter of the
development and a minimum front yard of 20 feet in the RPD District, and that variances be
granted from City Code {}86-7(1), {}86-7(7) and {}86-8(b) to permit the right-of-way on Chain
Bridge Road to be less than 100 feet and to permit a private accessway of less than 30 feet in
width; to permit a dead-end street with a turnaround having a minimum radius for the vertical
curb face of less than 40 feet; and to waive the required improvements to an existing street
that abuts the subdivision.
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
Ordinance/Fairfax Homes, Inc. I
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 heating: November 22, 2004
City Council heating: March 8, 2005
Adopted: March 8, 2005
~--"" \l~lhyor
ATTEST:
Vote
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
Aye
Aye
Aye
Aye
Aye
Aye
Ordinance/Fairfax Homes, Inc. 2
FAIRFAX HOMES, INC.
PROFFERED CONDITIONS
March 8, 2005
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 Fairfax, Virginia, Fairfax Homes, Inc. ("Applicant"), and
its successors and assigns, agree that the development of the property that is the subject of an
application for Zoning Map Amendment Z-799-04-1 filed by Fairfax Homes, Inc., as amended, and
shown on City of Fairfax Tax Map 57-2 ((2)) 145 and 146 (collectively the "Property"), will be in
accordance with the following Proffered Conditions if the Zoning Map Amendment is granted and
the Property is rezoned to the RPD District in accordance with Applicant's General Development
Plan/Preliminary Site Plan dated November 22, 2002, as amended through December 27, 2004,
showing five (5) residential units. The proffered conditions are:
1. 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 November 22,
2002, as amended through December 27, 2004, prepared by Dewberry & Davis LLC.
2. LANDSCAPING
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The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with Sheet 2 of 4 of the GDP/PSP subject to Board of Architectural
Review (BAR) approval. Deciduous trees shall have a minimum caliper of 3 to 3-1/2
inches and ornamental trees shall have a minimum height of 8 to 10 feet.
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Landscaping planted on property owned by the City of Fairfax, or on property
dedicated to the City of Fairfax, shall be maintained by the City.
3. TRANSPORTATION
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In lieu of construction, the Applicant shall escrow funds in the amount of Ten
Thousand Dollars ($10,000.00) for the future construction of curb, gutter, and
sidewalk by others along the Property's Chain Bridge Road frontage as shown on the
GDP/PSP. Said contribution shall be made to the City at the time of site plan review.
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A sidewalk shall be constructed by the Applicant within the residential community as
shown on the GDP/PSP. The sidewalk shall be owned and maintained by the
homeowners' association established for the residential community.
Co
The Applicant shall dedicate right of way along the Property's Chain Bridge Road
frontage up to a width of thirty-five (35) feet from centerline. Dedication shall be
Fairfax Homes, Inc.
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made at time of site plan approval or upon demand by the City of Fairfax, whichever
shall first occur.
d°
The Applicant shall construct a left turn lane into the Property within the dedicated
Chain Bridge Road right of way. Said turn lane shall provide fifty (50) feet of
storage with a twenty-five (25) foot taper. The final design of the turn lane shall be
submitted at time of site plan and shall be subject to the review and approval of the
City of Fairfax. At the City's request, the Applicant shall submit an escrow in lieu of
construction of said turn lane, which may be held by the City for future construction
of this, or other improvements along this corridor.
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At time of site plan approval, the Applicant shall ensure sight distance of at least 350
feet at the Property's access to Chain Bridge Road.
At time of site plan review, the Applicant shall contribute Two Thousand Five
Hundred Dollars ($2,500.00) to the City for the Chain Bridge Road Sidewalk Project.
OPEN SPACE
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The Applicant shall grant a 1 O-foot public access easement to the open space as
shown on the GDP/PSP. Said easement shall be granted at the time of the site plan
review.
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The Applicant shall dedicate up to 1.25 acres of contiguous open space as shown on
the GDP/PSP to the City of Fairfax at time of site plan review.
ARCHITECTURAL DESIGN
The elevations shown on Sheet 4 of the GDP/PSP are.provided to illustrate the architectural
theme and design intent of the residences. The Applicant reserves the right to modify these
elevations and add architectural ornamentation based on final architectural design and BAR
approval. The building materials of front facades shall be predominantly brick, stone or
materials satisfactory to the BAR. All chimneys shall be constructed of brick or stone. The
design of the buildings and site shall be executed in a manner that will result in a
development of high quality. The building envelopes shown on the GDP/PSP are intended to
illustrate a potential building footprint inclusive of additions, decks, and other features.
Accessory structures and fences may be permitted on individual lots.
FEMA APPROVAL
a°
The Applicant has obtained a conditional letter of map revision from the Federal
Emergency Management Agency (FEMA) dated December 16, 2004. Applicant
shall obtain a letter of map revision after construction has been completed on the
Property.
Fairfax Homes, Inc.
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10.
11.
The Applicant has received certification from FEMA that technical methods used by
the Applicant's engineer to conduct hydrologic and hydraulic analyses associated
with the Property reflect accepted engineering design methods as required by Fairfax
City Code Section 110-57 D.
The Applicant shall submit certification to the City of Fairfax that all applicable State
and Federal permits have been received prior to the issuance of any permits.
LIGHTING
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The Applicant shall install two acorn style lights along the Property's Chain Bridge
Road frontage as shown on the GDP/PSP.
Applicant shall obtain the proposed acorn style lights from Dominion Virginia Power
in accordance with all applicable standards. Subsequent to installation by the
Applicant, said lights shall be operated and maintained by the City of Fairfax.
HISTORIC RESOURCES
The Applicant shall provide an archaeological assessment of that portion of the Property that
will be disturbed prior to the issuance of a grading permit. The existing garage shall be
documented by photographs and its perimeter measured as part of said assessment.
HOMEOWNERS' ASSOCIATION
The Applicant shall form a Homeowners' Association (HOA) for the Property. The HOA
shall be responsible for maintenance of the private street, and the enforcement of restrictions
on the Property. The Applicant shall notify all prospective purchasers in sales literature and
purchasers in writing at the time of settlement of these maintenance responsibilities and
restrictions. Maintenance responsibilities shall include, but not be limited to, snow removal
and travel aisle maintenance.
PRIVATE STREET
The Applicant shall grant a public ingress-egress easement to the City of Fairfax over the
private street to permit access for trash collection, recycling and emergency vehicles.
RESTRICTIVE COVENANTS
Restrictive covenants for the Property shall include, but not be limited to, the following:
No person will be allowed to construct any exterior structural improvements
(including accessory structures, decks and fences) without the review and approval by
the HOA, which shall be guided by architectural guidelines established by the
Applicant, the homeowners' association documents, and approval of the City's
Zoning Administrator and receipt of necessary building permits.
Fairfax Homes, Inc.
12.
ii.
Conversion of garages that will preclude the parking of vehicles within the garage
will be prohibited in the development. (This shall not preclude the use of 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.)
iii. The maintenance of the private street on the Property will be the responsibility of the
HOA in perpetuity. It is understood that no request shall be made to have the private
street taken into the City of Fairfax street system.
TREE PRESERVATION
The Applicant shall comply with the limits of clearing and grading and provide tree
preservation in general conformance to that shown on the GDP/PSP.
[SIGNATURE ON NEXT P.4 GE]
JSFAIRFAXHOMES\4007.2XPROFFERS\proffers3 -8-05cln.doc
Fairfax Homes, Inc.
FAIRFAX HOMES, INC.
By: Mich~ae~")Frasier
Its: President
[SIGN. d TURE END]