Staff report
Download 91.75 Kb.
|
|
FAIRFAX COUNTY
APPLICATION FILED: November 30, 2004 PLANNING COMMISSION: April 13, 2005 BOARD OF SUPERVISORS: Not yet scheduled V I R G I N I A March 30, 2005 STAFF REPORT APPLICATION RZ 2004-BR-040 BRADDOCK DISTRICT APPLICANT: Melvin E. Edelin and Hazel F. Edelin PRESENT ZONING: R-1 REQUESTED ZONING: R-3 PARCEL: 77-3 ((1)) 6 ACREAGE: 33,367 square feet DENSITY: 2.6 du/ac PLAN MAP: Alternative Uses PROPOSAL: To rezone a 33,367 square foot property from the R-1 District (Residential, 1 du/ac) to the R-3 District (Residential, 3 du/ac) to permit the development of one additional single family detached dwelling while retaining the existing single family detached dwelling on a newly created lot. STAFF RECOMMENDATIONS: Staff recommends approval of RZ 2004-BR-040, subject to the execution of proffers consistent with those contained in Appendix 1. It should be noted that it is not the intent of the staff to recommend that the Board, in adopting any conditions proffered by the owner, relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. It should be further noted that the content of this report reflects the analysis and recommendation of staff; it does not reflect the position of the Board of Supervisors. For information, contact the Zoning Evaluation Division, Department of Planning and Zoning, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035 5505, (703) 324 1290.
A GLOSSARY OF TERMS FREQUENTLY USED IN STAFF REPORTS MAY BE FOUND AT THE BACK OF THIS REPORT DESCRIPTION OF APPLICATION Proposal: The Applicants, Melvin and Hazel Edelin, request to rezone the subject property from the R-1 District to the R-3 District to permit the development of 1 additional single family detached dwelling (Lot 240-B) while currently retaining the existing single family detached dwelling on the newly created Lot 240-A. The resulting density of this proposal would be 2.6 du/ac. Location: 10958 Clara Barton Drive Proposed Density: 2.6 du/ac Waivers and Modifications: Waiver of the Comprehensive Plan trail requirement (minor paved trail) on the east side of Clara Barton Drive LOCATION AND CHARACTER Site Description: The subject property is located on the east side of Clara Barton Drive, north of its intersection with Little Ox Road and north of the Fairfax County Parkway. The 33,367 square foot property contains one single family detached dwelling unit that was constructed in 1998. The dwelling is located at the northern portion of the property with a driveway entrance from the east side of Clara Barton Drive. The southern portion of the property contains bottomland forest species in good condition. The majority of the site drains to the southwest towards Clara Barton Drive, with a small portion that drains to the southeast corner of the property. Surrounding Area Description:
BACKGROUND Site History: There is no relevant zoning history associated with this site. COMPREHENSIVE PLAN PROVISIONS Plan Area: III Planning District: Pohick Planning Sector: Middle Run (P6) Plan Map: Alternative Uses Plan Text: There is no site specific Comprehensive Plan text for the application property. See the Land Use Analysis section below for a further explanation of the Comprehensive Plan recommendation for the subject property. ANALYSIS Generalized Development Plat (Copy at the front of staff report) Title of GDP: Generalized Development Plan, Lot 6, 10958 Clara Barton Drive, Fairfax Station, Virginia 22039 Prepared By: GeoEnv Engineers Original and Revision Dates: March 2005 (engineer seal dated March 24, 2005) The Generalized Development Plan consists of five (5) sheets showing the following information: Sheet one (1) is the cover sheet. Sheet two (2) includes a vicinity map, soil map, soil description, architectural elevation and general notes. Sheet three (3) provides the proposed layout of the subdivision of Lot 6, Zoning Ordinance tabulations, tree cover calculations and additional notes. Sheet four (4) is the existing vegetations map (EVM) and tree preservation plan. Sheet five (5) is the stormwater management plan and details. The GDP proposes a site layout that depicts the subdivision of Lot 6 into two lots. The existing single family detached dwelling is anticipated to be retained on the newly created Lot 240-A (17,402 square feet); the remaining 15,965 square feet will be established as Lot 240-B. A new single family detached dwelling (76 feet x 36.4 feet) will be situated on Lot 240-B, 17.31 feet from the northern property boundary (side yard), 32.3 feet from the eastern property boundary (rear yard), 53.44 feet from the southern property boundary (side yard) and 30.87 feet from the western property boundary (front yard). Lot 240-B will be accessed by a driveway entrance from the east side of Clara Barton Drive. The dwelling will face Clara Barton Drive, with a 2 car side load garage on the south side of the dwelling. The limits of clearing and grading have been configured to permit the installation of an infiltration trench in the southeast portion of Lot 240-B, and to allow for a future deck extension at the northeast corner of the dwelling. COMPREHENSIVE PLAN ALANYSIS (Appendix 4) The Comprehensive Plan map recommends the subject property for Alternative Uses. Other properties in the vicinity located on the periphery of the Burke Centre Planned Residential Community (PRC) are shown on the Comprehensive Plan Map for Alternative Uses with specific plan text recommending appropriate residential development at a density of 2-3 dwelling units per acre (du/ac). The subject property was inadvertently left out of this specific plan text which was adopted as a result of the 1998 Area Plans Review (APR) Process. The intention of this plan text amendment was to clarify the intent of the Alternative Uses recommendation for the parcels on the perimeter of the Burke Centre PRC. Staff has determined that the subject property should be evaluated according to this specific plan text that recommends residential use at density of 2-3 du/ac. Therefore, staff believes that this proposal is in conformance with the density recommendations of the Comprehensive Plan. RESIDENTIAL DEVELOPMENT CRITERIA Fairfax County expects new residential development to enhance the community by fitting into the fabric of the neighborhood, respecting the environment, addressing transportation impacts, addressing impacts on public facilities, being responsive to our historic heritage, contributing to the provision of affordable housing, and being responsive to the unique site specific considerations of the property. For the complete Residential Development Criteria text, see Appendix 14. Site Design (Development Criterion #1) This Criterion requires that the development proposal address consolidation goals in the Comprehensive Plan, further the integration of the development with adjacent parcels and not preclude adjacent properties from developing according to the recommendations of the Plan. The Plan Map recommends the subject property for alternative uses, though staff has determined that the appropriate residential density for the property would be 2-3 dwelling units per acre (du/ac). The Applicant’s proposal to subdivide the property into two separate lots to permit the construction of one additional single family detached dwelling at an overall density of 2.6 du/ac would be in conformance with this Plan determination (Appendix 4). The proposal would not adversely impact any adjacent parcels from developing according to the recommendations of the Plan. The development proposal should provide a logical and functional design with appropriate relationships within the development, including appropriately oriented dwelling units and usable yard areas within the individual lots. Convenient access to transit facilities should be provided where available, and all aspects pertaining to utilities shall be identified. Proposed Lot 240-B will accessed by a new driveway entrance from the east side of Clara Barton Drive. The proposed single family detached dwelling will face Clara Barton Drive, as do the other dwellings located along Clara Barton Drive north of the subject property. The GDP depicts the location for the future installation of a deck on the northeast corner of the dwelling; the limits of clearing and grading have been designed for this future addition without requiring any additional land disturbance. The proposed dwelling on Lot 240-B will be located 17.31 feet from the northern property boundary (side yard), 32.3 feet from the eastern property boundary (rear yard), 53.4 feet from the southern property boundary (side yard) and 30.87 feet from the western property boundary (front yard), providing adequate buffering between the proposed dwelling and the adjacent properties, as well as sufficiently sized usable yard areas on both proposed lots. Open space should be usable, accessible and integrated. Appropriate landscaping and amenities should be provided. There is no requirement for open space in an R-3 District subdivision, and there are no requirements for transitional screening for the subject application. The self-storage facility located on the adjacent property to the south provides adequate transitional screening and barrier requirements on their site. The Applicant has acknowledged the presence of this industrial use on the property to the south, and has revised the GDP depicting the proposed dwelling on Lot 240-B to be located 53.44 feet from the southern property boundary. No amenities are proposed by the Applicant. Neighborhood Context (Development Criterion #2) While developments are not expected to be identical with the existing development within which they are to be located, this Criterion states that they should fit into the fabric of the community. The property is surrounded by a single family detached dwelling (R-1) located on the property to the north, Burke Center (PRC) to the east, a self-storage facility (I-5) to the south, the Centrepointe neighborhood (R-3) and the interchange between the Fairfax County Parkway and Route 123 are located west of the subject property across Clara Barton Drive. The architecture of the proposed dwelling unit on Lot 240-B will be similar to the existing dwelling to be retained on Lot 240-A. The Applicant has proffered to permit the redevelopment of proposed Lot 240-A with a new dwelling, as long as all of the applicable R-3 Zoning Ordinance requirements can be satisfied. Environment (Development Criterion #3) This Criterion requires that developments respect the natural environment by conserving natural environmental resources, account for soil and topographic conditions and protect current and future residents from the impacts of noise and light. Developments should minimize off-site impacts from stormwater runoff and adverse water quality impacts. Issue: Water Quality (Appendix 5) The GDP indicates the installation of an infiltration trench in the southeast portion of the newly created lot (Lot 240-B). As proposed on the GDP, the infiltration trench is the only water quantity and quality control measure provided. Staff has encouraged the applicant to provide alternative methods to meet stormwater management requirements because the use of infiltration trenches on individual lots is typically not permitted by the Public Facilities Manual. Resolution The applicant has stated an intent to apply for a waiver of the water quantity and quality requirements during subdivision plan review. If those waivers are not approved, the applicant will install the infiltration trench as shown on the GDP, subject to the approval of the Department of Public Works and Environmental Services (DPWES). If DPWES does not approve these waivers, or permit the installation of the proposed infiltration trench, the applicant will need to apply for a Proffered Condition Amendment (PCA) to provide stormwater management provisions on site. The final determination of any water quantity and water quality waivers and/or facilities will be made by DPWES during subdivision plan review. Tree Preservation and Tree Cover Requirements (Development Criterion #4) This Criterion states that all developments should be designed to take advantage of existing tree cover and developed appropriately to disturb as little existing tree cover as possible, including the extension of utility improvements to the site. The Applicant submitted a tree preservation plan with the GDP (Sheet 4). The limits of clearing and grading have been designed to permit the construction of one singe family detached dwelling, infiltration trench and future deck. The GDP indicates that the 20% tree cover requirement will be satisfied through the preservation of existing vegetation on site. Appropriate tree preservation methods will be installed per the proffers and as described in the tree preservation plan. Therefore, all tree preservation and tree cover requirements have been satisfied. Transportation (Development Criterion #5) No transportation issues have been identified with this application. Public Facilities (Development Criterion #6) Criterion 6 states that residential developments should offset their impacts upon public facility systems (i.e. schools, parks, libraries, police, fire and rescue, stormwater management and other publicly owned community facilities). Impacts may be offset by the dedication of land, construction of public facilities, contribution of in-kind goods, services or cash earmarked for those uses, and/or monetary contributions to be used toward funding capital improvement projects. (Specific Public Facilities issues are discussed in detail in Appendices 8 – 13). Fairfax County Public Schools (Appendix 8) The proposed development would be served by Fairview Elementary School and Robinson Secondary School. The proposed development would have an insignificant impact on the enrollments of these two schools. Fairfax County Park Authority (Appendix 9) The proposed development bears no adverse impact on land or resources of the Fairfax County Park Authority. Fire and Rescue (Appendix 10) The subject property is serviced by the Fairfax County Fire and Rescue Department Station #32, Fairview. The requested rezoning currently meets fire protection guidelines, as determined by the Fire and Rescue Department. Sanitary Sewer Analysis (Appendix 11) The subject property is located within the Pohick Creek (N1) watershed and would be sewered into the Norman M. Cole, Jr. Pollution Control Plant. An existing 8 inch line located in an easement approximately 120 feet from the property is adequate for the proposed use. Fairfax County Water Authority (Appendix 12) The subject property is located within the Fairfax County Water Authority service area. Adequate domestic water service is available at the site from an existing 12-inch water main located at the property. Utilities Planning and Design, DPWES (Appendix 13) The applicant will be requesting waivers of the stormwater management detention and water quality requirements from DPWES during subdivision plan review. Should these waivers not be approved, an alternative measure (infiltration trench) has been shown on the GDP in the southeast corner of proposed Lot 240-B. Staff has informed the applicant that Sect. 06-0303.9 of the Public Facilities Manual (PFM) does not permit the installation of stormwater management or BMP facilities on individual residential lots. Final determination of any proposed stormwater management or BMP measures will be subject to the review and approval by DPWES during subdivision plan review. Affordable Housing (Development Criterion #7) This Criterion states that ensuring an adequate supply of housing for low and moderate income families, those with special accessibility requirements, and those with other special needs is a goal of Fairfax County. This Criterion may be satisfied by the construction of units, dedication of land, or by a contribution to the Housing Trust Fund. The applicant has proffered to contribute one half of one percent (½%) of the projected construction cost of the new dwelling on Lot B to the Housing Trust Fund, in accordance with Fairfax County policy. Staff supports basing the contribution on the construction cost because the new dwelling is being constructed by the Applicant’s son, which will be occupied by him and his family. Heritage Resources (Development Criterion #8) This Criterion requires that developments address potential impacts on historical and/or archaeological resources through research, protection, preservation, or recordation. No heritage resources have been identified on this site. ZONING ORDINANCE PROVISIONS
WAIVERS AND MODIFICATIONS The Applicant requests a waiver of the Comprehensive Plan Trail requirement within the subject property’s frontage on Clara Barton Drive. This would require the Applicant to construct a minor paved trail across the frontage of the entire subject property (proposed Lots 240-A and 240-B). The applicant has requested a waiver of the requirement to construct this trail across the property’s western frontage along Clara Barton Drive because no other portion of the trail is constructed within the vicinity of the property. At this time, staff does not support this waiver request because the Trails Committee has not had an opportunity to review the request. This issue must be addressed by the Applicant during the subdivision plan review process. CONCLUSIONS AND RECOMMENDATIONS Staff Conclusions Staff believes that the applicant has satisfied the requirements for rezoning by providing a layout with a rational relationship with the surrounding neighborhood. The proposed dwelling on the newly created lot (Lot 240-B) has been sited at the northern portion of the lot to provide a substantial buffer between the proposed residential use and the adjacent industrial use to the south. Staff believes that the proposal is in conformance with the Comprehensive Plan and the applicable standards of the Zoning Ordinance. Recommendation Staff recommends approval of application RZ 2004-BR-0470, subject to the execution of proffers consistent with those in Appendix 1. It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions proffered by the owner, relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Supervisors. APPENDICES
APPENDICES
PROFFERS
RZ 2004-BR-040 March 28, 2005
Pursuant to Section 15.2-2303(a) Code of Virginia, 1950, as amended, Melvin E. Edelin and Hazel F. Edelin (hereinafter referred to as the Applicants), for themselves, successors and assigns in RZ 2004-BR-040, filed for property identified as Tax Map reference 77-3-01-06 (hereinafter referred to as the “Application Property”), hereby proffer the following, provided that the Board of Supervisors approves a rezoning of the Application Property to the R-3 District in conjunction with a Generalized Development Plan (“GDP”) for residential development. In the event said application request is denied, these proffers shall be null and void. 1. GENERALIZED DEVELOPMENT PLAN a. Subject to the provisions of Section 18-204 of the Fairfax County Zoning Ordinance (hereinafter referred to as the “Zoning Ordinance”), development of the Application Property shall be in substantial conformance with the GDP, entitled “Lot 6, 10958 Clara Barton Drive” consisting of three sheets prepared by GeoEnv Engineers, dated May 21, 2004, and revised through February, 2005 (Professional seal dated March 8, 2005). b. Pursuant to Paragraph 5 of Section 18-204 of the Zoning Ordinance, minor modifications to the GDP may be permitted as determined by the Zoning Administrator. The Applicants reserve the right to make minor adjustments to the layout provided that the changes are in substantial conformance with the GDP.
a. The Applicant shall submit a tree preservation plan as part of the first and all subsequent subdivision/site plan submissions. The preservation plan shall be prepared by a professional with experience in the preparation of tree preservation plans, such as a certified arborist or landscape architect and reviewed and approved by Urban Forest Management. The tree preservation plan shall consist of a tree survey that includes the location, species, size, crown spread and condition rating percentage of all trees that are ten (10) inches or greater in diameter, and twenty (20) feet to either side of the limits of disturbance shown on the GDP for the entire site. The tree preservation plan shall provide for the preservation of those areas shown for tree preservation, those areas outside of the limits of disturbance shown on the GDP, and other areas in which trees can be preserved as a result of final engineering. The condition analysis ratings shall be prepared using methods outlined in the latest edition of the Guide for Plant Appraisal published by the International Society of Arboriculture. Specific tree preservation activities that will maximize the survivability of trees to be preserved, such as: crown pruning, root pruning, mulching, fertilization, and others as necessary, shall be included in the plan. b. All trees shown to be preserved on the tree preservation plan shall be protected by a tree protection fence. Tree protection fencing four (4) foot high, fourteen (14) gauge welded wire attached to six (6) foot steel posts driven eighteen (18) inches into the ground and placed no further than ten (10) feet apart, shall be erected at the limits of clearing and grading as shown on the demolition, phase I & phase II erosion and sedimentation control sheets for the entire site. Methods to preserve existing trees may include, but not be limited to, the following: use of super silt fence, welded protection fence, root pruning and mulching. All tree protection fencing shall be installed prior to any clearing and grading activities, including the demolition of any existing structures. The installation of all tree protection fencing, except super silt fence, shall be performed under the supervision of a certified arborist. Three days prior to the commencement of any clearing, grading or demolition activities, but subsequent to the installation of the tree protection devices, Urban Forest Management and the District Supervisor shall be notified and given the opportunity to inspect the site to assure that all tree protection devices have been correctly installed. If it is determined that the fencing has not been installed correctly, no grading or construction activities shall occur until the fencing is installed correctly, as determined by Urban Forest Management. d. If deemed necessary by DPWES during subdivision plan review, the Applicant shall submit a detailed landscaping plan as part of the first and all subsequent plan submissions that is consistent with the landscaping shown on the GDP and these proffers. The landscaping plan shall utilize a variety of tree species of various sizes planted throughout the site. The native species may include, but are not limited to, white oak, red maple, red oak, American holly, American beech, willow oak, dogwood and others. Pursuant to the Public Facilities Manual (“PFM”), the Applicant shall receive additional tree cover credit if native and desirable trees comprise a minimum of 90% of all trees listed on site. The Applicant shall also receive additional tree cover credit for utilizing tree species and planting locations that are effective for energy conservation as determined by DPWES. e. During any clearing or tree/vegetation/structure removal on the Application Property, a representative of the Applicant shall be present to monitor the process and ensure that the tree protection fencing remains in place and the trees protected by said fencing are preserved. The Applicant shall retain the services of a certified arborist or landscape architect to monitor all construction work and tree preservation efforts in order to ensure conformance with all tree preservation proffers/conditions. The monitoring schedule shall be described and detailed in the tree preservation plan, and reviewed and approved by Urban Forest Management. f. The Applicant shall retain the services of a certified arborist or landscape architect, and shall have the limits of disturbance marked with a continuous line of flagging prior to the pre-construction meeting. Before or during the pre-construction meeting, the Applicant’s certified arborist or landscape architect shall walk the limits of clearing and grading with an Urban Forest Management representative to determine where minor adjustments to the clearing limits can be made to increase the survivability of trees at the edge of the limits of clearing and grading, and may result in an expansion of the limits of clearing and grading, and the limits shall be adjusted accordingly. Any tree that is designated for removal at the edge of the limits of clearing and grading or within the tree preservation area shall be removed using a chain saw to avoid damage to surrounding trees. If a stump must be removed, this shall be done using a stump grinding machine in a manner causing as little disturbance as possible to the adjacent trees.g. The Applicant shall remove any dead, dying, or hazardous, on-site, co-owned and off-site trees adjacent to the limits of clearing and grading, and replace the lost tree canopy, as determined by the UFMB. Off-site mitigation shall only be conducted with permission of the appropriate off-site owner, which permission shall be diligently pursued as determined by DPWES. Prior to subdivision plan approval, a replacement value shall be assigned by Urban Forest Management to all healthy on-site, co-owned or off-site trees measuring ten (10) inches or larger in diameter, which are located within twenty (20) feet of the limits of clearing and grading as shown on the GDP. Trees recommended for removal on the tree preservation plan shall not be assigned a value. At the time of subdivision plan/site plan approval, the Applicant shall post a cash bond or a letter of credit payable to the County of Fairfax to ensure removal and replacement of any such on-site, co-owned or off-site trees that are left dead, dying, or hazardous as a result of damage by normal construction activities. The calculated replacement values shall be reviewed and approved by Urban Forest Management prior to posting the cash bond or letter of credit. The terms of the letter of credit shall be subject to approval by the County Attorney. The replacement value of each designated tree shall be determined by a certified arborist according to the methods contained in the latest edition of the Valuation of Landscape Trees, Shrubs and Other Plants published by the International Society of Arboriculture, subject to review and approval by Urban Forest Management, and the total amount of the cash bond, escrow or letter of credit shall not exceed the sum of $10,000.00 (depends on amount of trees to be preserved), in addition to any conservation escrow that is required at the time of subdivision plan approval. From time to time, funds, or a portion thereof, may be drawn on the cash bond or letter of credit and expended for the purposes of this proffer. The remaining balance of the cash bond or letter of credit shall be refunded by Fairfax County at the time of final bond release. The replacement of trees by the County shall be in accordance with the guidelines of the Fairfax County Public Facilities Manual. 3. STORMWATER MANAGEMENT/BEST MANAGEMENT PRACTICES The Applicants intend to request waivers of stormwater management and water quality requirements at the time of the subdivision plan submission. Should these waivers not be granted, the Applicants shall provide stormwater management and water quality measures in those areas shown on the GDP, or may implement alternative measures, as approved by the Department of Public Works and Environmental Services (DPWES). Should these waivers not be approved and the stormwater management and water quality measures depicted on the GDP not be implemented, then the Applicants may need to apply for a Proffered Condition Amendment (PCA) to provide stormwater management provisions on site if such is not in substantial conformance with the GDP. 4. AFFORDABLE HOUSING At the time of building permit approval, the Applicant shall contribute to the Fairfax County Housing Trust Fund a sum equal to 0.5 percent of the projected construction cost of the new single-family dwelling constructed. The amount of said contribution shall be determined in coordination with the Department of Housing and Community Development. 5. DESIGN
b. The building elevation for the proposed dwelling unit shall be generally consistent with the conceptual elevation as shown on Sheet 2 of the GDP and as determined by the Department of Public Works and Environmental Services (DPWES). 6. ENERGY EFFICIENCY The new home constructed on the Property shall meet the thermal standards of the CABO Model Energy Program for energy efficient homes, or its equivalent, as determined by the Department of Public Works and Environmental Services (DPWES) for either electric or gas energy homes, as applicable.
The Applicant shall place a covenant on the new dwelling unit that prohibits the use of the garage for any purpose that completely precludes motor vehicle storage. The covenant shall be in a form acceptable to the County Attorney and it shall be recorded among the land records of Fairfax County prior to the sale of the new dwelling unit. 8. MISCELLANEOUS a. These proffers shall bind and inure to the benefit of the Applicants and their successors and assigns. b. 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 and the same instrument. TITLE OWNERS: TAX MAP 77-3-01-06
______________________________ Melvin E. Edelin
Hazel F. Edelin Download 91.75 Kb. Share with your friends:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||
