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2010-19 ORDINANCE NO. 2010 -19 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS ASSOCIATED WITH THE PD(p) PLANNED DEVELOPMENT DISTRICT AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT FOR A PORTION OF "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 57-3 - 03-A2. WHEREAS, Ratcliffe Hall, L.L.C., by Martin D. Walsh, Attorney -in -Fact, and Elizabeth Baker, agent, submitted applications No. Z- 09070009, SE- 09070010, and V- 09070012 requesting to modify the design and dwelling unit type of Phase II of a development proposal previously approved in a PD(p) Planned Development District (with proffers) and in the Old Town Fairfax Transition Overlay District, with special exceptions and variances, for the parcel identified above, and more specifically described as follows: DESCRIPTION OF PARCEL "A -2" JAGUAR / YORKTOWN (PROPOSED PARCELS A -3 & A -4) CITY OF FAIRFAX, VIRGINIA Beginning at a point on the northerly line of the Board of Supervisors of Fairfax County, Virginia and the westerly line of Judicial Drive (33.5 feet from centerline); thence departing Judicial Drive and with the northerly lines of the said School Board N87 °58' 15 "W, 115.63 feet and SO4 °04'54 "W, 40.32 feet to a point; thence still with the said Board and continuing with the northerly lines of Lots 16 and 17, Joyce Heights N85 °58'38 "W, 424.44 feet to a point marking the southeast corner of Trustees Of Presbytery Of Washington; thence with the easterly line of the said Trustees N24 °26'27 "E, 582.82 feet to a point marking the southwesterly corner of Parcel "A -5 ", Phase One, Jaguar / Yorktown: thence with the southerly lines of the said Parcel "A -5" the following courses: S66 °26'O1 "E, 189.41 feet; with a curve to the left, whose radius is 145.00 feet and whose chord is S83 °40'OO "E, 85.92 feet, an arc distance of 87.23 feet; S16 °24'26 "E, 29.55 feet; N76 °23'53 "E, 32.97 feet; N16 °24 "26 "W, 29.29 feet and N76 °36'55 "E, 204.60 feet to a point on the westerly line of Judicial Drive; thence with the westerly lines of Judicial Drive with a curve to the right, whbse radius is 377.50 feet and whose chord is S17°54'44"W, 90.49 feet, an arc distance of 90.71 feet; S24 °47'46 "W, 267.96 feet; with a curve to the left, whose radius is 605.46 feet and whose chord is 516 °59'41 "W, 164.37 feet, an arc distance of 164.88 feet and with a curve to the left, whose radius is 683.70 feet and whose chord is S09 °30' 19 "W, 7.44 feet, an arc distance of 7.44 feet to the point of beginning, containing 250,758 square feet or 5.76 acres of land. All being more particularly described on a plat attached hereto and made a part hereof. 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 proffer amendment 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 proffered conditions associated with the zoning of the above described property be amended as requested by the property owners in accordance with City Code Section 110 -7 as follows: 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 PlanlPreliminary Site Plan (GDP /PSP) dated December 12, 2001, as amended through February 15, 2005, prepared by Dewberry & Davis LLC. The general character of the development of the South Property shall be in substantial conformance with the GDP /PSP dated July 9, 2009 as amended through June 8, 2010, prepared by Dewberry & Davis LLC (the "South Property GDP/PSP "). 2. No changes. 3. No changes. 4. No changes. 5. LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheets 2 and 6 of the GDP /PSP subject to Board of Architectural Review (BAR) approval, however, landscaping of the South Property shall be in substantial conformance with Sheets 3 and 6 of the South Property GDP /PSP subject to BAR approval. a. No changes. b. No changes. c. The Applicant shall provide a gazebo or garden structure and a children's play area on the South Property as shown on Sheets 3 and 6 of the South Property GDP /PSP. These amenities shall be owned and maintained by the Homeowners Association to be established for the South Property. 6. No changes. 7. PRIVATE ACCESS WAYS. a. No changes. b. No changes. c. No changes. d. The private accessways shall be maintained by the Homeowners Association. e. Locations for the staging of trash collection along the private accessways shall be shown on the final site plan. 8. ARCHITECTURAL DESIGN. a. The building elevations for the area north of the stream valley, prepared by Devereaux and Associates and shown on Sheet 4 in the GDP /PSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings 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 based on final architectural design and BAR approval. The building materials of all facades shall be predominately brick, stone or materials satisfactory to the BAR. All chimneys 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. b. The building elevations for the area south of the stream valley, prepared by Devereaux and Associates and shown on Sheet 4 in the South Property GDP /PSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings 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 based on final architectural design and BAR approval. The building materials of all front facades and all other facades visible from Judicial Drive shall be predominantly brick, stone or materials satisfactory to the BAR. Other facades may be constructed with a combination of brick, stone, or hardiplank siding provided the lowest floor elevations are brick or stone. A minimum of six chimneys shall be provided on side facades in visible locations. All chimneys 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. 9. No changes. 10. No changes. 11. No changes. 12. STREAM VALLEY DEDICATION. If requested by the City prior to site plan approval, the Applicant shall dedicate to the City in fee simple approximately three (3) acres of open space located along the stream valley for public park use. In this event, the Applicant shall at the time of dedication contribute $75,000 to the City for implementation of the stream rehabilitation plan and another $20,000 to the City for construction of the trail. If the City elects not to request dedication of the stream valley, the Applicant shall maintain the stream valley as an open space amenity for the enjoyment of the residents on the Property. To that end, the Applicant shall implement the findings of the stream rehabilitation plan prior to final bond release. In addition, the Applicant shall construct an eight (8) foot wide crushed stone or asphalt trail, as may be approved by the City, from Judicial Drive through the stream valley to the western property line to align with an existing trail easement located on the adjacent Fairfax Nursing Home, Inc. property. In an effort to minimize disturbance to existing quality trees, the exact location of the trail shall be determined in the field with the City Staff Arborist. Construction of this trail shall occur with development of the South Property. A public access easement shall be recorded over the trail. The Applicant shall install signage at the trail's intersection with the Judicial Drive sidewalk directing trail users how to connect with the existing trail on the east side of Judicial Drive. The HOA shall be responsible for the maintenance of the stream, trail and surrounding stream valley. 13. MANASSAS GAP RAILROAD BED CONSERVATION AND HISTORIC MARKER. The Applicant shall provide for the protection of a portion of the Manassas Gap Railroad Bed located in the southeastern corner of the Property, as shown on the GDP /PSP. This portion of the railroad bed shall be left generally in an undisturbed state with minor clearing of dead or dying vegetation and harmful underbrush permitted. The Applicant shall design and install an historic marker or plaque in acknowledgement of the Manassas Gap Railroad bed located on the Property and elsewhere in the City. The Applicant shall consult with the City's Director of Historic Resources and the Historic Fairfax City Inc. in the design and placement of the marker. Installation shall occur prior to final bond release for the South Property. 14. No changes. 15. COMMUNICATIONS TECHNOLOGY. The Applicant shall, as a standard feature, provide all homes on the Property with 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. Such upgrade features shall be displayed in the model units /sales offices. 16. No changes. 17. HOMEOWNERS ASSOCIATIONS. The Applicant shall form one or more Homeowners Associations (HOAs) for the Property and the South Property. The HOAs shall be responsible for maintenance for the common areas 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, private accessway /parking lot maintenance, stormwater management facilities maintenance, and common area maintenance. 18. RESTRICTIVE COVENANTS. Restrictive covenants for the Property shall include, but not be limited to, the following: a. No changes. b. No changes. c. Deleted. d. No changes. 19. 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 preserlation in general conformance to that shown on the GDP /PSP and the South property GDP /PSP. 20. TRANSPORTATION MANAGEMENT. The use of mass transit and ride - sharing shall be encouraged to reduce single occupancy vehicular traffic from the Property. The Applicant and subsequent HOAs shall provide homeowners with information on bus service and Metro connections serving the Property, as well as ride - sharing opportunities. The information shall be kept current and posted on the Property to encourage bus, transit and ride sharing usage. 21. No changes. 22. No changes. BE IT FURTHER ORDAINED, that the above conditions, application package, covenants and general development /preliminary site plan revised through June 8, 2010 be approved, and that the following variances be granted: • from City Code § 110 -634 (2) to permit less than 20 feet around the external walls of all structures, and • from City Code § 110 -634 (5) to waive the requirement that a minimum of 200 square feet of commercial gross floor area be provided for each dwelling in the PD(p) 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 proffered 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: June 14, 2010 City Council hearing: July 13, 2010 Adopted: July 13, 2010 Mayor ate ATTEST: 1 /_./x4 : City Clerk The motion to adopt the ordinance was approved as follows: Vote Councilmember Cross Aye Councilman Drummond Nay Councilman Greenfield Aye Councilman Meyer Nay Councilman Rasmussen Aye Councilman Stombres Aye