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2007-12 ORDINANCE NO. 2007-12 AN ORDINANCE TO AlVIEND T.H:E ZONING lVIAP OF T.H:E CITY OF FAI~FAX, VI~GINIA TO RECLASSIFY F~OlVl ~-2 ~ESIDENTIAL TO ~D ~SII>ENTIAL PLANNED DEVELOPlVIENT ""IT.H: P~OFFER.S "T.H:E PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX lVIAP PARCELS 48-3-((8)) Lo1:8 7, 8, 8A ANI> 9. V\THEREAS,. D.R. Hortoll, lnc, by Lynne J. Strobel,. attomey-in-r3ct,. suhn"1itted application No. .2-808-06-1 requesting a change in the zoning classification from R-2 to RPD Residential Planned Development vv-ith proffers for the parcel identified above; and V\THEREAS, the City Council has carerully considered the application, the recommendation orthe Planning Commission and staff" and the testimony received at public hearing; and VYHEREAS, the City COLl.llcil has determined that the proposed rezoning is proper and in accordance VV"ith the Comprehensive Plan as vvcll as vvith the pertinent provisions set forth in the Code of Virginia and the Code or the City of Fairfax VirQinia; NOVV, THEREFORE BE IT O=AINED, that the above described property be rezoned from R-2 Residential to RPD Residential Planned Development vvith proffers. BE IT FURTHER O=AINED, that the above described property be subject to the follo'-Ving reasonable conditions authorized by City Code Sec1:ion 110-7" '-Vhich are proffered by the proper1:y ovvners: SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH J'vlA Y 11, 2007 AND APPROVED BY CITY COUNCIL ON J'vlAY 22,2007. BE IT FURTHER ORDAINED" 1:hat 1:he above conditions" application package and Rezoning Plat/Site Layout be approved. The Zoning Administrator of the City is hereby directed to modify the Zoning lVlap to shovv the changes in the zoning of these premises" including the existence of the proffered conditions" and 1:he Clerk of the Council is directed to 1:ransmit duly certified copies of this ordinance to the applicant" Zoning Administra1:or" and to the Planning Commission of this City as soon as possible_ This ordinance shall be effective as provided by lavv_ Planning Commission hearing: Ma..y 21,. 2007 City Council hearing: l\.I1:ay 22" 2007 Adopted: J'vlay 22, 2007 ~~~~ J'vlayor ~ 0 s-:; ~ c?;7 Date ' -', ATTEST: ~~ Vote Councilvvoman Cross Councilman Greenfield Coun..cilvvoman Lyon Councilman Rasmussen Councilman Silverthome Councilvvoman VV"inter Nay Aye Aye Absent Absent Aye R E If''''< r,. "'" 1'. ,t''"' 'i""-~ ! .U1 ,} , ~ Ir.:~._.~."l ~ .,.._.;' ',J r;'..", ~ .."..",. D.R. HORTON, INC. PROFFERED CONDITIONS MAY 1 6 Z007 D9pt of Community Deveiopment /1 Planni""~1 May 11, 2007 Pursuant to Section 15.2-2303(a) ofthe 1950 Code of Virginia, as amended, and Section 110- 7(b) of the Zoning Ordinance of the City of Fairfax, Virginia, D. R. Horton, 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-808-06-1 filed by D. R. Horton, Inc., as amended, and shown on City of Fairfax Tax Map 48-3((8)) 7,8, 8A and 9 (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(p) District in accordance with Applicant's General Development Plan, dated October 11, 2006, as amended through April 20,2007, showing fifteen (15) residential units. The proffered conditions are: 1. GENERAL DEVELOPMENT PLAN The general character ofthe development ofthe Property shall be in substantial conformance with the General Development Plan (GDP), dated October 11, 2006, as amended through April 20, 2007, prepared by The Engineering Groupe, Inc. 2. LANDSCAPING a. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheet 4 of 4 of the GDP. Large deciduous trees shall have a minimum caliper of 3 inches, medium deciduous trees shall have a minimum height of 6 to 8 feet and evergreen trees shall have a minimum height of 7 to 8 feet at time of planting. b. Landscaping planted on property owned by the City of Fairfax, subject to the receipt of necessary permission, or on property dedicated to the City of Fairfax, shall be maintained by the City. c. The Applicant reserves the right to install an entry feature on the Property in proximity to its access to Ridge Avenue. Said feature may include decorative walls and/or fencing in addition to landscaping. 3. TRANSPORTATION a. The Applicant shall dedicate right of way for an internal public street as shown on the GDP. Dedication shall be made at time of site plan approval or upon demand by the City of Fairfax, whichever shall first occur. D. R. Horton, Inc. b. The Applicant shall dedicate right of way along the Property's Old Lee Highway frontage up to a width of 5 feet from centerline as shown on the GDP. Dedication shall be made at time of site plan approval or upon demand by the City of Fairfax, whichever shall first occur. c. Each dwelling unit shall be constructed with a two car garage. d. Subject to a determination by the City of Fairfax that sufficient pavement width currently exists, the Applicant shall stripe a left turn lane within existing pavement on Old Lee Highway at its access to Ridge Avenue. Said striping shall be completed by the Applicant subsequent to a determination by the City of Fairfax, and in conjunction with development of the Property. If a determination is not made by the City prior to final bond release the Applicant shall have no further obligation under this proffer. e. The Applicant shall construct an inter-parcel connection for emergency vehicle access at the terminus of Ridge Avenue to the adjacent parcel as shown on the GDP. Said construction shall be contingent upon receipt of any necessary easements and/or letters of permission from adj acent property owners. Said easements and/or letters of permission shall be promptly obtained by the City of Fairfax and provided to the Applicant prior to site plan approval, which shall not be delayed as a result of this issue. If the easements and/or letters of permission are not provided prior to site plan approval, the Applicant shall have no further obligation under this proffer. f. In lieu of constructing a standard section of Ridge Avenue, the Applicant shall construct a street section as shown on the GDP without a sidewalk on the south side of Ridge Avenue. g. The Applicant shall replace existing street lights on the north side of Ridge Avenue with standard street lights. Said street lights shall be installed concurrently with the construction of improvements to Ridge Avenue as described herein. 4. OPEN SPACE The Applicant shall dedicate up to 1.12 acres of contiguous open space as shown on the GDP to the City of Fairfax at time of site plan approval; or in the alternative, as determined by the Applicant, shall convey the 1.12 acres of contiguous open space to the Homeowners Association established for the Property. Said open space shall be conveyed subject to a covenant that it remain undisturbed except as necessary for maintenance and removal of dead, dying or diseased trees. D. R. Horton, Inc. 5. HOMEOWNERS' ASSOCIATION a. The Applicant shall form a Homeowners' b. Association (HOA) for the Property. The HOA shall be responsible for maintenance ofthe private street and adjacent sidewalk, stormwater management pond, retaining walls and adjacent easement, open space (if owned by the HOA) as these features are shown on the GDP. Further, the HOA shall be responsible for 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. c. The Applicant shall disclose to prospective purchasers of proposed Lots 6 and 7, prior to entering into a contract of sale, the easement and retaining wall located at the rear of these lots. 6. PRIVATE STREET At the time of site plan approval, 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. 7. RESTRICTIVE COVENANTS Restrictive covenants for the Property shall include, but not be limited to, the following: 1. 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. 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, and said maintenance costs shall be shared as among all fifteen (15) lots. The HOA shall obtain adequate liability insurance to protect against legal claims that may arise from the maintenance ofthe private street. It is understood that no request shall be made to have the private street taken into the City of Fairfax street system. D. R. Horton, Inc. 8. 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. 9. DESIGN a. The houses to be constructed on the Property shall have facades of masonry, stone, composition siding, shingle, or any combination of these materials. The front fayade of the houses shall be masonry or stone. The sides and rears of houses visible from Old Lee Highway and Ridge Avenue shall have architectural treatments, such as window trim and shutters, similar to the front of the house. b. The houses to be constructed on the Property shall generally conform in appearance to the elevations shown on the GDP, with the understanding that final designs shall be selected by the Applicant at time of site plan approval. 10. ARCHAEOLOGICAL STUDY Prior to any land disturbing activities on the Property, the Applicant shall conduct a Phase I archaeological study, to include metal detecting. The scope ofthe study shall be reviewed with representatives of the City of Fairfax prior to commencement, and shall be conducted by a qualified archaeological professional. 11. STORMWATERMANAGEMENT On-site stormwater management shall be provided by the Applicant. Prior to any land disturbing activities, the Applicant shall conduct an inspection of adjacent storm drainage facilities with representatives of the Fairfax Oaks and Greater Oaks homeowners' associations. During construction, the Applicant shall install a double super silt fence or berm adjacent to Ridge Avenue to control erosion and sedimentation. 12. SUCCESSORS AND ASSIGNS The Applicant, for itself, its successors and assigns, agree that these proffers shall bind the future development ofthe Property, unless modified, waived or rescinded in the future by the City Council, in accordance with applicable City of Fairfax and Commonwealth of Virginia statutory procedures. [SIGNATURE ON NEXT PAGE] D. R. Horton, Inc. ri ~ [SIGNATURE END] {AOI15288.DOC / I Proffers 5/1 1/07003291 000056} ;~ ~ c. " ~ i. .t," ;{