2015-31ORDINANCE NO. 2015-31
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-1 RESIDENTIAL TO PD(P) PLANNED
DEVELOPMENT WITH PROFFERS; ON THE LAND KNOWN AS 3500 AND 3504
CHAIN BRIDGE ROAD AND MORE PARTICULARLY DESCRIBED AS TAX
MAPS 47 -4 -15 -IIA AND 47-4-4-15B.
WHEREAS, Robinson & Thayer, Inc., by Sarah E. Hall, Attorney/Agent, submitted
application No. Z-14010062 requesting a change in the zoning classification from R-1
Residential to PD(p) Planned Development with proffers, for the parcels identified above, and
more specifically described as:
Beginning at a point on the west right-of-way of Chain Bridge Road - Route
#123 (Variable width) being the northeast comer to Outlot A, The Assembly
(D.B. 3161, PG. 508).
Thence departing Chain Bridge Road, running with the north line of Outlot A
and continuing with the north lines of Lots 14, 15 and a portion of Lot 16, The
Assembly; S 89°40'30" W - 402.82 feet to an iron pipe, being the southeast
comer to Lot 6-A, Cobbdale - Section 4 (D.B. 5594, PG. 675).
Thence departing Lot 16, running with the east line of Lot 6-A and continuing
with east lines of Lots 7-A, 8-A and a portion of 9-A, Cobbdale - Section 4; N
5034'01" E - 382.20 feet to a point, being the southwest comer to Lot I 0-A,
Cobbdale - Section 4.
Thence departing Lot 9-A, running with the south line of Lot 10-A; S
88026'44" E - 170.55 feet to a point, being the southeast comer to Lot I 0-A.
Thence departing the south line of Lot I 0-A, running with the east line of Lot I
0-A; N 16° 16'08" E - 105.67 feet to an iron pipe in the south right-of-way of
Norman Avenue (50' right of way), being the northeast comer to Lot I 0-A.
Thence departing Lot 10-A, running with the south right-of-way of Norman
Avenue as follows; I) S 73°43'52" E - 124.52 feet to an iron pipe and 2) N
87054' 18" E - 11.43 feet to an iron pipe being the intersection of the south
right-of-way of Norman A venue with the west right-of-way of Chain Bridge
Road.
Thence departing Norman Avenue, running with west right-of-way of Chain
Bridge Road as follows; I) S 03°59'10" E- 100.78 feet to a point, 2) S
04°38'25" E- 148.56 feet to an iron pipe and 3) S 04°40'21" E- 192.48 feet to
the point ofbeginning containing 151,199 Square Feet or 3.4710 Acres ofland.
Bearing system referenced to VCS 1983 Grid North per field rll n GPS
sll rvey to Failfax Coll my monument "GPS -115" (NGS R L D. #HV9113)
dated 6-28-2012.
WHEREAS, the City Council has carefully considered the application, the proposed proffers,
the recommendation of the Planning Commission, the recommendation of 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 Vir inia and the Code of the City of Fairfax, Virginia;
NOW, THEREFORE BE IT ORDAINED, that the above described property be rezoned
from R-1 Residential to PD 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 attached proffered conditions dated July 27, 2015.]
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development plan/preliminary site plan be approved;
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:
City Council hearing:
Adopted:
July 13, 2015
September 29, 2015
September 29, 2015
Mayor
Date
ATTEST:
WW4A%Wity Clerk
Votes
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Loftus
Absent
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
AUG 1 1 2015
PROFFERS Community Dev & Planning
(Cobbs Grove)
Rezoning Z-14010051
July 27, 2015
Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and
Section 110-7 of the Zoning Ordinance of the City of Fairfax, Virginia, the property
owners and Robinson and Thayer, Inc., the contract purchaser/developer, for themselves,
their successors and/or assigns (collectively, "Applicant"), agree that the development of
the property that is the subject of Zoning Map Amendment application Z-14010051 and
that is shown on the Fairfax City Tax Map as 47-4((15))11A and 47-4((4))15B
(collectively, the "Property"), will be in accordance with the following Proffers if the
Zoning Map Amendment is granted and the Property is rezoned to the P -D Planned
Development District:
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") entitled "General Development Plan/Preliminary Site Plan" prepared by
Tri -Tek Engineering dated December 20, 2013, revised through May 18, 2015. The
development shall be comprised of five (5) single family detached dwellings with
accessory buildings. One of these dwellings shall be the existing single family detached
dwelling with accessory buildings on TM 47-4((15))1 IA (the "Cobb Williams House"),
which shall remain. The single family detached dwelling on TM 47-4((4))15B shall be
razed.
2. Open Space.
a. Indicated by crosshatching on Sheet 2 of the GDP/PSP is approximately
30,255 total square feet of designated open space. No structures of any kind other than
fences shall be placed in this designated open space.
b. There shall be a minimum open space area of at least 20 feet around the
external walls of any new structure constructed on the Property. This open space shall be
grassed and landscaped except for those areas where there is a patio or deck or those
areas where a sidewalk or a driveway is provided for the purpose of ingress and egress to
the structure.
c. Indicated on the GDP/PSP are the Proposed House Envelopes for the
dwellings which shall be constructed on Lots 1-4 and the envelope of the existing Cobb
Williams House, which is located on what will be Lot 5. Also indicated on the GDP/PSP
is the area adjoining each envelope in which additions to the dwelling, decks, patios, and
other permitted structures may be constructed. Additions, decks, and patios may be
constructed only within these indicated areas. In no event shall the total impervious
surface on the Property exceed 75,600 square feet, excluding areas used for swimming
pools, bathhouses, tennis courts and other outside recreational space improved with a
hard surface, provided it does not exceed 7,560 square feet.
3. Cobb Williams House.
a. The Cobb Williams House will be renovated and expanded by its current
owners, Sidney Haywood Williams, III and Carol Cobb Williams ("Mr. and Mrs.
Williams"). The renovation and expansion will be substantially similar to the elevation
attached hereto as Exhibit A and will incorporate most if not all of its architectural
features. The expansion will be within that area to the south of the Cobb Williams House
identified on the GDP/PSP as being "available for additions, decks and/or patios." The
renovation and expansion will be completed within five (5) years after the recording of
the subdivision of the Property, consistent with the GDP/PSP. In the event of the death
or disability of Mr. Williams or Mrs. Williams before or within the five (5) -year period,
the survivor or the one of them who is not disabled may determine, in his/her sole and
absolute discretion, not to proceed with the renovation and expansion as contemplated by
this proffer and may sell the Cobb Williams House and Lot 5. This Proffer 3(a) shall
bind only Mr. and Mrs. Williams, not Robinson and Thayer, Inc. and not a subsequent
owner of the Cobb Williams House and Lot 5.
b. Subject to the terms of the preceding Proffer 3(a), neither Mr. and Mrs.
Williams nor any successor owner of the Cobb Williams House will raze or demolish the
Cobb Williams House unless the City of Fairfax has first been given the opportunity to
purchase it and Lot 5 for fair market value and elected not to do so. An owner of the
Cobb Williams House who desires to raze or demolish it shall offer the Cobb Williams
House and Lot 5 to the City of Fairfax in writing for fair market value, as determined by
an MAI certified appraiser (the "Offer"). The Cobb Williams House shall be offered in
its "AS -IS" condition, settlement to take place within 30 days of the City's written
acceptance of the Offer. The City shall have three (3) months from its receipt of the
Offer to either accept the Offer or enter into a contract with the owner of the Cobb
Williams House and Lot 5 for their purchase on different terms and conditions
("Alternative Contract"). The City's failure to accept the Offer or enter into an
Alternative Contract within the three (3) month period shall be deemed its election not to
purchase the Cobb Williams House and Lot 5. In the event the City elects or is deemed
to have elected not to purchase the Cobb Williams House and Lot 5, or in the event it
accepts the Offer or enters into an Alternative Contract but does not conclude the
purchase in accordance with the terms and conditions of the Offer or the Alternative
Contract, as appropriate, the owner of the Cobb Williams House may raze or demolish it.
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c. Notwithstanding the provisions of any other proffer neither Mr. and Mrs.
Williams nor any successor owner of the Cobb Williams House shall be required to
reconstruct it in the event of its substantial or total destruction due to fire, casualty or act
of God.
d. All prospective purchasers of the Cobb Williams House shall be notified
in sales literature of Proffers 3(b) and (c), as they may be amended.
4. Architectural Design.
a. The architectural design of the dwellings to be constructed on
Lots 1-4 shall generally conform to the character and the quality of the design of those
dwellings shown on the illustrative drawings on Sheets 6 and 7 of the GDP/PSP. The
materials for the facades of these dwellings shall conform to the following requirements:
(i) All glazed openings shall have muntins.
(ii) The pitch of the primary roof (exclusive of porches, porticos,
dormers, gables and breezeways) shall have a slope no less than
8:12.
(iii) Roofs shall be either slate, wood shingle, painted metal, copper
or asphalt/fiberglass shingle of a quality similar to or exceeding
Certainteed Landmark.
(iv) All above grade foundation areas shall be clad on all sides with
brick or stone.
(v) Exterior walls above the foundation shall be clad with painted or
prefinished lap siding (fiber cement, composition or wood);
however, walls may be clad with brick or stone provided no
fewer than two (2) walls are so clad.
(vi) All fireplace chimneys or fireboxes that protrude past the
exterior walls shall be clad in brick or stone.
b. Any later addition or change to any dwelling structure on Lots 1-4
(excepting change in paint color) must first be approved by the Homeowners'
Association ("HOA") referred to in Proffer 9 as conforming generally to the character
and quality of the design of the dwellings shown on the illustrative drawings on Sheets 6
and 7 of the GDP/PSP and the requirements in Proffer 4(a).
3
5. Private Street.
a. Lots 1-4 will be served by a private street with pavement width of 24
feet which will intersect with Chain Bridge Road, generally as shown on the GDP/PSP.
The subgrade and pavement thickness of the private street shall be built to the City of
Fairfax standards. At the time of Final Site Plan approval Applicant shall grant to the
City of Fairfax a public ingress/egress easement generally in the location shown on the
GDP/PSP which will permit use of the private street for access for trash collection,
recycling and emergency vehicles. The private street shall be maintained by the HOA,
and maintenance shall include snow removal. No request shall ever be made to have the
private street taken into the City of Fairfax street system.
b. The Cobb Williams House will continue to be accessed through its
existing driveway, generally as shown on the GDP/PSP.
6. Entry Feature.
a. Applicant reserves the right to install an entry feature on either Lot 1 or
Lot 5 in proximity to the private street's intersection with Chain Bridge Road, provided
the entry feature does not violate any applicable sight distance requirement. The feature
may include landscaping, a decorative wall and/or fencing, and signage which complies
with the requirements of the Fairfax City Zoning Ordinance. Any entry feature shall be
located within an easement which runs to the HOA, and the HOA shall be responsible for
maintaining the entry feature.
b. There exists on what will be Lot 5 a sign which identifies the Cobbdale
neighborhood. That sign may remain, and the Cobbdale Homeowners' Association shall
be permitted access to the sign to keep it in good repair.
7. Stormwater Management.
a. Applicant and the Fairfax City Department of Public Works ("DPW")
have agreed that, in connection with the development of the Property, a Storm Water
Management and Best Management Practices plan (the "Plan") generally as shown on
Sheet 2 and 5 of the GDP/PSP shall be implemented. The Final Site Plan for the
development of the Property shall include the improvements shown on that portion of the
Plan which is located on the Property and on TM 47-4((15))6A and TM 47-4((15))5A to
Inlet 12, as shown on the Plan ("Applicant's Improvements"). Applicant shall also
prepare and obtain DPW approval of a maintenance plan which shall include the
remaining improvements shown on the Plan ("Maintenance Improvements") on TM 47-
4((15))5A and property owned by The Assembly, Inc. Applicant shall construct
Applicant's Improvements, and the City of Fairfax shall construct the Maintenance
Improvements, the coordination of such construction to be in accordance with the terms
El
and conditions of a written agreement to be entered into between Applicant and the City.
At the time the project illustrated by the GDP/PSP is bonded, Applicant shall pay to the
City Forty Thousand and No/100 Dollars ($40,000) to be used by the City toward its
construction of the Maintenance Improvements.
b. The HOA referred to in Proffer 9 shall be responsible for maintaining
Applicant's Improvements with the exception of the infiltration trenches shown on the
GDP/PSP on Lots 1-4. Each infiltration trench shall be maintained by the owner(s) of the
lot on which it is located.
8. Contribution. At the time the project illustrated by the GDP/PSP is bonded,
the Applicant shall contribute $750.00 to the City for use by the Parks and Recreation
Department.
9. Homeowners' Association.
Applicant shall form a HOA which shall govern Lots 1-4 but not Lot 5 and
shall include as its members the owners of Lots 1-4. The documents which form and
govern the HOA ("HOA Documents") shall include as covenants which run with the land
the following:
a. The obligation of the HOA to maintain the private street referred to in
Proffer 5 and the parking spaces adjoining it, Applicant's Improvements (excluding
infiltration trenches) referred to in Proffer 7(a), and the entry feature, if any, referred to in
Proffer 6(a), these maintenance costs to be shared equally among the owners of Lots 1-4.
The HOA shall obtain adequate liability insurance to protect against claims that may arise
in relation to the maintenance responsibilities of the HOA.
b. No owner of a dwelling on Lot 1, 2, 3 or 4 may construct an addition or
otherwise change the structure of the exterior of the dwelling without first obtaining the
approval of the HOA, as provided in Proffer 4(b).
Applicant shall notify all prospective purchasers of Lots 1-4 in sales
literature and all purchasers of Lots 1-4 in writing at the time of settlement of the
maintenance responsibilities imposed on the HOA by these Proffers and the restrictions
and obligations imposed on Lots 1-4 by these Proffers.
10. Successors and Assi ng_s.
These Proffers will bind and inure to the benefit of Applicant and its
successors and assigns.
M
Date '
Date
Date
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Date
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APPLICANT:
ROBINSON AND THAYER, INC.,
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OWNERS OF TM 47-4((15))l JA:
Ab,
SIDIEY I-TWOOD WILLIAMS, III
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CAROL C. WILLIAMS
OWNER OF TM 47-4((4))15B:
LHCW, LLC.
a Virginia limited liability company
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Title: I