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20010710 2001-6ORDINANCE NO. 2001-6 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-1 (RESIDENTIAL) AND R-2 (RESIDENTIAL) TO RPD(p), (RESIDENTIAL PLANNED DEVELOPMENT WITH PROFFERS), "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 58-1-((2))-23, pt. 25, pt. 26 AND 58-2-((1))-pt. 14. WHEREAS, Pickett Road, LLC, by Martin D. Walsh, Attorney-in-Fact, submitted application No. Z-786-00-1 requesting a change in the zoning classification from R-1 and R-2 to RPD(p) for the parcels identified above, and more specifically described as follows: Beginning at a point on the easterly line of Pickett Road (Ronte 237), said point marking the northwesterly comer of Lot 3-0, Pickett Industrial Park; thence with the easterly line of Pickett Road the following courses: with a curve to the left whose radius is 34421.47 feet and whose chord is N12°56'47"E, 1272.26 feet, an arc distance of 1272.33 feet; N11°53'14"E, 381.45 feet; with a curve to the left whose radius is 1476.39 feet and whose chord is N06°40'59"E, 267.83 feet, an arc distance of 268.20 feet; N01°28'44"E, 263.83 feet; N10°00'35"E, 80.89 feet and N01°28'44"E, 128.31 feet to a point marking the southwesterly comer of Lot 33, Section 8, Mantua Hills; thence with the southerly line of Section 8 S85°33'13"E, 290.11 feet to a point marking the northwesterly comer of Mantua Hills Swimming Association; thence with the westerly line of Mantua Hills Swimming Association S04°26'47"W, 466.00 feet and S85°33'13"E, 41.55 feet to a point; thence through the property of Douglass S. Mackall III and continuing through the property of Texaco Refining and Marketing, Inc. the following courses: Sl1°13'56"W, 211.36 feet; S34°15'39"E, 519.25 feet; S22°34'53"W, 273.65 feet; S09°09'56"E, 516.57 feet; S25°34'31"W, 228.62 feet; S64°38'56"W, 337.18 feet; S82°03'43"W, 179.04 feet and Sl1°13'56"W, 53.22 feet to a point marking the northeasterly comer of the said Lot 3-0; thence with the northerly line of Lot 3-0 S84°28'33"W, 352.39 feet to the point of beginning, containing 28.56 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-1 (Residential) and R-2 (Residential) to RPD(p) (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, JULY 10, 2001 AND APPROVED BY CITY COUNCIL ON JULY 10, 2001. BE IT FURTHER ORDAINED, that the above conditions, application package and general development/preliminary site plan be approved, and that variances be granted from City Code § 110-678 to allow less than the required 25-foot-wide open space buffer around the perimeter of the development; City Code §86-7(1) to allow a public street pavement width that is less than the required 36 feet within the development; and Ci_ty Code §86-7(7) to allow a single-ended access that exceeds the 600 maximum permitted length. 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 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 25, 2001 City Council hearing: July 10, 2001 Adopted: July 10, 2001 ~(~~Mayor'~''~'~ Date ATTEST: ~)City Clerk The motion to adopt the ordinance was approved 5-0. Councilman Coughlan Councilman Greenfield Councilman Lederer Councilman Petersen Councilman Rasmussen Councilman Silverthome Vote Aye Aye Absent Aye Aye Aye PICKETT ROAD, LLC PROFFERED CONDITIONS ZONING MAP AMENDMENT July 10, 2001 Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and Section 110- 7(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Pickett Road, LLC (the "Applicant") and Texaco Refining and Marketing, Inc. and Douglass S. Mackall, 1II (the "Owners"), and each of their successors and assigns agree that the development of the property that is the subject of an application for Zoning Map Amendment Z 786-00-1 filed by Pickett Road, LLC, dated December 26, 2000, as amended, and shown on County of Fairfax Tax Map 58-2 ((1)) pt. 14 and City of Fairfax Tax Map 58-1 ((2)) 23, pt. 25 and pt. 26 (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) (Residential Planned Development with proffers) District in accordance with Applicant's General Development Plan/Preliminary Site Plan dated December 20, 2000, as amended through June 29, 2001, showing up to 89 units. The Applicant and owners proffer the following conditions: 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 "Pickett's Reserve" dated December 20, 2000, as amended through June 29, 2001, prepared by Dewberry & Davis LLC, and consistent with Exhibit 1, the Conceptual Land Design and Architectural Elements, and Exhibit 2, the Architectural Standards. LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with the landscaping shown on Sheet 2 of the GDP/PSP and in Exhibit 1, attached. The landscaping plan shall also include: Streetscape plantings to include, at a minimum, an average of one shade tree and one ornamental tree per residential lot. Shade trees along the street shall be a minimum of 3 to 3 ½ caliper inches at the time of planting. Where a residential lot backs onto another residential lot, and no natural woods are preserved at the rear of the lots, a minimum of three (3) evergreen trees 6 to 8 feet in height and one ornamental tree (either a multi-trunked ornamental tree 8 to 10 feet in height or a single-tnmked ornamental tree a minimum of 2 to 2V2 caliper inches at the time of planting) shall be planted generally along the rear lot line of each lot. Such trees may be clustered to provide the greatest amount of privacy and most attractive design for the abutting lots. c. In areas with greater than a 3:1 slope, suitable ground covers shall be planted in lieu PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 2 of grass. do Street trees planted within the right-of-way of public streets within, and adjacent to, Pickett's Reserve shall be maintained by the City. Landscaping within the common areas on the Property shall be maintained by the to-be-established homeowners association. TREE PRESERVATION. The Applicant shall preserve trees on the Property as shown on Sheet 2 of the GDP/PSP subject to minor adjustment during site plan review with approval of the Zoning Administrator. Tree management plan requirements (to include a tree assessment) will be met in conjunction with site plan approval and during construction. Specifically: The Applicant shall generally conform to the limits of clearing and grading as shown on the GDP/PSP. However, it is understood that trees may be disturbed in order to provide necessary utilities and the improvements as shown on the GDP/PSP subject to the review and approval of the Director of Community Development and Planning. In making these necessary improvements, care shall be exercised to minimize disturbance to trees. The Applicant may remove trees identified as dead, dying or diseased, with appropriate tree removal permits as a part of cleating/grading operations. During the site plan review process, the Applicant and its landscape architect shall work with the City Arborist to better define the tree preservation areas and identify additional trees that may reasonably be preserved in common areas or on individual lots. Clearing limits around such trees shall be preliminarily marked on the ground with flagging or equivalent demarcation. The Applicant shall provide the City Arborist with a written assessment of the condition of the trees at the cleating limits. The Applicant, together with the City Arborist, shall walk the site and make a final determination of reasonable and practical limits of cleating and grading based on sound engineering and horticultural practices. The final limits of cleating and grading, as determined following the walk with the City Arborist, shall be fenced prior to cleating and grading and at all times during construction. The Applicant shall designate a representative who is knowledgeable in tree preservation to oversee the clearing and grading activities near preservation areas and ensure continual protection of the trees. At the time of bond release for each section, the trees will be inspected by the City and a certified arborist retained by the Applicant. Should any existing individual tree shown for preservation not survive due to the impact of construction, the Applicant shall replace such trees as follows: PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 3 · For a tree up to five (5) inches in caliper failing to survive, one (1) tree with a caliper of not less than 3½ inches shall be provided; For a tree between five (5) and sixteen (16) inches in caliper failing to survive, two (2) trees with a caliper of not less than three and a half (3 ½) inches shall be provided; For a tree with a caliper of sixteen (16) inches or greater failing to survive, three (3) trees with a caliper of not less than four and a half (4½) inches shall be provided; In general, the replacement trees shall be the same species of the failing tree except that the Applicant may substitute trees of different species with the advice and consent of the Zoning Administrator. CONSERVATION EASEMENTS. The Applicant shall record conservation easements along the periphery of the Property where tree preservation is shown on the CDP/PSP and on the back portions of individual lots when tree preservation is determined appropriate at the time of final site plan review thereby restricting the removal, relocation or destruction of trees in these preservation areas. These areas are to be left in their natural state. It shall be understood that improvements shown on the GDP/PSP and described in these proffers within these conservation easements are permitted, and on-going maintenance of these improvements is an acceptable component of the conservation easement. Purchasers of lots with conservation easements on them and purchasers of lots adjacent to conservation easements shall be notified of the conservation easements prior to entehng into a sales contract and notification shall also be provided in the sales contracts. RECREATION. At the time of issuance of each Certificate of Occupancy on the Property, the Applicant shall contribute the amount of $500 per unit to the City for the future construction by others, of park and recreational amenities within the City. SIDEWALK AND TRAILS. Sidewalks and trails shall be provided as follows subject to review and approval of the City of Fairfax: The Applicant shall provide four foot sidewalks on both sides of the internal streets throughout the Property as depicted on the GDP/PSP. Sidewalks shall be constructed of concrete, with optional brick banding or specialty paving at key intersections, focal points and trail crossings. Specialty paving on all sidewalks, with the exception of the sidewalk along Pickett Road, shall be maintained by the to-be-established homeowners association. Said maintenance shall be subject to an agreement between the City and the to-be-established homeowners association. PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 4 o The existing sidewalk along Pickett Road shall remain as constructed and replaced/repaired as needed prior to release of the subdivision bond on the Property. In the event of repair, the sidewalk will remain open or a temporary sidewalk will be provided in lieu thereof. The Applicant shall construct six (6) foot wide non-asphalt trails in twelve (12)-foot wide easements within the Property as generally shown on the GDP/PSP connecting the intemal sidewalks to trails being constructed on future park land in adjacent Fairfax County, and to the Stockbridge subdivision to the south. Further, the Applicant shall construct six-foot wide cinder, stone or permeable surface trails (as agreed to by the Applicant and the Fairfax County Park Authority) within the adjacent park in Fairfax County as generally shown on the GDP/PSP and approved by Fairfax County Department of Public Works and Environmental Services (DPWES). Trails located in the City shall be maintained by the City. Trails located in the County shall be maintained by the County. The Applicant shall provide standard signage at each trail's entrance to the Fairfax County park land, as approved by the Fairfax County Park Authority and DPWES. If requested by the City, the Applicant is agreeable to installing signage identifying the trails on the Property, provided such signage is in keeping with the monumentation planned for the remainder of the Property do The Applicant shall record public access easements for trails, and sidewalks on the Property. ARCHITECTURAL DESIGN. The building elevations and design guidelines prepared by Devereaux & Associates Architects are attached as Exhibit 1 "Pickett's Reserve, Conceptual Land Design and Architectural Elements", and as Exhibit 2 "Architectural Standards, Prototypical Elevations and Ancillary Structures" and are provided to illustrate the architectural theme and design intent of the community. The architectural design of the proposed residences shall generally conform with the character and quality of these illustrative elevations. The Applicant reserves the right to modify these elevations and add additional elevations based on final architectural design, provided the elevations are in keeping with the architectural theme of the community as determined by the Director of Community Development and Planning or as may be arbitrated by the Board of Architectural Review. All facades of residences shall be constructed of brick, stone, hard board siding, cementitious siding, or natural wood, except architectural appurtenances, detailing and/or accents. All front and side elevations shall be constructed of brick or stone or a combination of brick and stone, with the exception of front porch areas, architectural appurtenances, detailing and/or PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 5 accents. Building materials of all facades adjacent to public streets on lots 1, 11, 12, 55, 56, 66, 67 and 89 shall be brick or stone. The skirt or watertable of rear facades may be brick, stone, or architectural concrete designed to resemble brick or stone. All exterior chinmeys on the front or side of any dwelling shall be constructed of brick or stone. At least 30 dwellings shall have at least one exterior chimney. Neither aluminum nor vinyl siding shall be utilized on any of the homes built on the Property including rear chimneys, if any. No snap-in window mullions or grills shall be utilized. In addition to the above, the Applicant shall offer as options to purchasers on houses prior to construction start: authentic slate roofing, cedar shake roofing, and all brick or stone facades. o RETAINING WALLS. The retaining wall to be constructed behind Lots 13 -19, adjacent to the common property line with the Mantua Hills Swimming Association (the "Swimming Association") property, shall be maintained by the to-be-established homeowners association at their sole expense. The Applicant shall work with the Swimming Association to establish construction, maintenance, and tree removal easements, if necessary, which are satisfactory to the Swimming Association and the Applicant. Should trees on the Swimming Association's property need to be removed for construction of the retaining wall, removal and replacement of trees shall be at the Applicant expense. Replacement of trees shall be provided as specified in Proffer 3d above. 9. NOISE MITIGATION. Dwellings constructed on Lots 2, 13-25 shall be constructed with the following acoustical measures: 1) Construction materials and techniques known to have physical properties or characteristics suitable to achieve an STC of at least 39 for exterior walls; 2) Doors and windows with a laboratory STC rating of at least 28; and 3) Measures to seal and caulk between surfaces that follow methods approved by the American Society for Testing and Materials to minimize sound transmission. Bo Dwellings located on Lots 1, 3-12, 55, 56, 66, and 67 shall have facades directly exposed to Pickett Road constructed with the following acoustical measures: 1) Construction materials and techniques known to have physical properties or characteristics suitable to achieve an STC of at least 45 for exterior walls; 2) Doors and windows with a laboratory STC rating of at least 37; and PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 6 3) Measures to seal and caulk between surfaces that follow methods approved by the American Society for Testing and Materials to minimize sound transmission. Co The Applicant shall provide the City with an architect's certification with regard to wall construction, and manufacturers'specifications with regard to window and door selection, indicating that the Applicant's building materials meet the above referenced acoustical attributes. 10. ROAD CONSTRUCTION. ao The Applicant, at its sole expense, shall design, construct and dedicate to the City the Property's internal public road network comprised of a 30-foot pavement section within a 50 foot right-of-way as shown on the GDP/PSP, subject to approval of the City Council. Brick and banding accents, as shown in Exhibit 1, shall be installed at the two entrances to the Property with Pickett Road and at key focal points within the community as shown on the GDP/PSP and approved by the Director of Public Works. The Applicant shall utilize the existing right turn lane on Pickett Road at the proposed northern entrance to the Property, subject to modifications, as requested and approved by the City of Fairfax to meet City Standards in consultation with the Applicant. Said improvements shall be complete prior to the issuance of the 30th Occupancy Permit for the Property. The Applicant shall construct a right hand mm lane at the proposed southern entrance to the Property, as recommended by the Applicant's traffic consultant and approved by the City of Fairfax. Said improvements shall be complete prior to the issuance of the 30th Occupancy Permit for the Property. do The Applicant shall remove the existing right turn lane at the southern end of the Property's Pickett Road frontage and reconstruct curb, gutter, sidewalk, and landscaping to match the existing section in accordance with City standards. Said improvements shall be complete prior to the issuance of the 30th Occupancy Permit for the Property. eo The Applicant shall install a brick crosswalk to City standards across Pickett Road at the Property's southern entrance, at a location to be approved by the Director of Public Works. Said improvements shall be complete prior to the issuance of the 30th Occupancy Permit for the Property. f. The Applicant shall install traffic control signs as appropriate within the community, PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 7 as directed by the Director of Public Works to be maintained by the City. The homeowners association, however, shall maintain decorative street signs. go The Applicant shall close the existing median break in Pickett Road in front of Tax Map 58-1 ((2)) 26 and shall reconstruct the curb and gutter to match the existing section in accordance with City standards. Said improvement shall be complete prior to the 75th Occupancy Permit for the Property. ho The median break at the north entry to the Property shall remain open and permit full traffic movements. However, the Applicant shall escrow funds in an amount acceptable to the City, not to exceed $10,000, so that the City may close the median in the future if deemed necessary based upon a change in circumstance. In the event that the median is not closed within 10 years from the date of the approval of the rezoning, the escrowed funds shall be returned to the Applicant with accrued interest. 11. TRAFFIC SIGNAL. The Applicant shall install a City standard traffic signal at the southern entrance to the Property prior to the issuance of the 16th Occupancy Permit for the Property. The signal shall include a mast arm with video detection system, count down pedestrian signal heads, LED-type signal heads and connection to the City computer system. The posts, mast arms and transformer boxes (if any) shall be coated black in accordance with manufacturer's specifications and the City's standard practice. 12. TIMING OF INTERNAL ROADWAYS. As long as the parcels identified as Tax Map 58-1 ((2)) pt. 25 and pt. 26 and parcels identified as Tax Map 58-2 ((1)) pt. 14 and 58-2 ((2)) 23 are under separate ownership, no homes shall be constructed on proposed lots 1 through 5 and 21 through 25 as shown on the GDP/PSP unless and until the entire street serving those lots from Pickett Road and ending in the cul-de-sac as shown on the GDP/PSP is bonded with the City of Fairfax. 13. BUS SHELTER. The Applicant shall construct a City standard CUE bus shelter along the Property's Pickett Road frontage, at the southern entrance to the Property. The exact location of the shelter shall be determined by the Director of Public Works. The bus shelter shall include a trash receptacle, mapholder and Nextbus display including power sources recommended by the manufacturers. The shelter shall be installed prior to the 75th Occupancy Permit for the Property. 14. STORMWATER MANAGEMENT/BEST MANAGEMENT PRACTICES. ao Stormwater management and Best Management Practices (BMPs) for the Property shall be accommodated in two proposed stormwater management ponds to be constructed by the Applicant on adjacent property in Fairfax County identified as Tax Map 58-2 ((1)) pt. 14 and as illustrated on the GDP/PSP. The proposed ponds will PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 8 be subject to approval by DPWES and will be owned and maintained by Fairfax County. The Applicant shall construct a private underground storm drain system to convey storm drainage from Lots 13 through 19 to stormwater management facilities located on adjacent property in Fairfax County identified as Tax Map 58-2 ((1)) 3 (Mantua Hills Swimming Association). Dwellings on Lots 13 through 19 shall include roof drains to connect to this private piped system. This private storm drain system shall be owned and maintained by the to-be-established homeowners association. The homeowners association shall hire an independent third party engineer to perform annual inspections of the private storm drainage system to determine adequacy of maintenance and required corrective action, if any. Such reports shall be provided to the Mantua Hills Swimming Association (the "Swimming Association"). Any corrective action will be taken by the homeowners association at its expense as recommended by the consulting engineer. The Applicant shall provide a corporate surety or cash bond, set aside letter, or letter of credit in the amount of $15,000 to provide for corrective measures needed to the existing 15" storm sewer pipe under the Swimming Association's tennis court and parking area into which the private storm drainage system on Pickett's Reserve behind lots 13-19 will connect in the event any such corrective measures are needed during a five year period from the date of the last subdivision bond release by the City of Fairfax for improvements at Pickett's Reserve. At the end of such period, the bond or other such collateral shall be released to the Applicant. Co Easements no greater than ten feet (10') in width shall be provided for a cross-lot drainage and storm conveyance systems in areas where rear lots abut each other or where drainage crosses more than three (3) lots. 15. LIGHTING. The Applicant shall install acorn street lighting to City standards along the Application Property's Pickett Road frontage between the existing curb line and the existing sidewalk. Exterior lighting within the Property shall include individual yard lamp posts on each lot. Acorn lighting shall be provided within the private open space features on the Property. The Applicant shall bear any cost associated with the relocation of underground utilities interfering with the placement of street lights between the curb and sidewalk on Pickett Road. Lighting on a common open space within the Property shall be operated and maintained by the homeowners association and acom lighting on Pickett Road shall be operated and maintained by the City. 16. SANITARY SEWER CONSTRUCTION. The Applicant shall construct the necessary sewer lines to connect to Fairfax County's system for conveyance and treatment of the PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 9 generated sewage at the County's treatment plant under City/County contract for waste water treatment. In order to facilitate the City's reimbursement to the County for sewer treatment, the Applicant shall install a meter station at a location generally shown on the GDP/PSP and as approved by the City's Department of Utilities and the County's Department of Public Works and Environmental Services. The metering station shall be owned and operated by the County. 17. COMMUNICATIONS TECHNOLOGY. All homes on the Property shall be constructed to the specifications of the 1998 "Bell Atlantic Ready" communications technology programs or comparable program as may be readily available at competitive installation and user fees in the market by a financially viable services provider. 18. RESTRICTIVE COVENANTS. The Applicant or its successors shall foIm a homeowners association which shall enforce restrictive covenants for the Property which covenants shall include, but not be limited to, the following: ao Upon completion of construction, no person will be allowed to remove, relocate or destroy any tree in the conservation easements as described in Proffer 4 above, without approval of the homeowners association and the Zoning Administrator. Furthermore, no person will be allowed to remove, relocate, or destroy the relocated trees or new landscaping provided along the streetscape or in the common areas without approval of the homeowners association. Any tree removed, relocated or destroyed without approval of the homeowners association and the Zoning Administrator shall be replaced by the person causing the violation of this covenant as follows: For a tree up to five (5) inches in diameter at breast height (dbh), one (1) tree with a dbh of not less than 3-31/2 inches shall be provided; ii. For a tree between five (5) and sixteen (16) inches in diameter at breast height (dbh), two (2) trees with a dbh of not less than 3-31/2 inches shall be provided; 111. For a tree with sixteen (16) inches or greater diameter at breast height (dbh), three (3) trees with a dbh of not less than 3-3~/2 inches shall be provided; iv. In general, the replacement trees shall be the same species of the tree that was removed, relocated or destroyed without the required approvals, except that the person violating this covenant may substitute trees of different species with the advice of an independent certified Arborist or Nurseryman and the reasonable consent of the Zoning Administrator. PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 10 No person will be allowed to construct any structural improvements (including decks and fences) without the review and approval by the homeowners association, 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. Co 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.) Outside storage or parking of recreational vehicles on the Application Property shall be prohibited both on individual lots and within the public rights-of-way. 19. ACCESSORY STRUCTURES: All accessory structures, structural elevations and building additions will be subject to review and approval by the to-be-established homeowners association. 20. HOUSING CONTRIBUTION. ao Renaissance Housing Corporation. The Applicant agrees to make a monetary contribution to the Renaissance Housing Corporation in the amount of $1,000 per subdivided lot within the proposed development of Pickett's Reserve with such contribution payable at time of issuance by the City of Fairfax of each occupancy permit for a house constructed within Pickett's Reserve. The total contribution shall not exceed $89,000. Mackall House. The Applicant agrees to market and sell the Mackall House and area surrounding the Mackall House as depicted on Alternative 2 of the GDP/PSP to a person or group with the financial wherewithal and expertise to rehabilitate the Mackall House for use as a private residential dwelling consistent with the RPD regulations. The Mackall House shall be marketed at a price of $100,000. If the Applicant is successful in selling the Mackall House within nine months of the listing of the property for sale, with settlement thereupon occurring at such time as a subdivision plan for the Mackall House and lot is approved by the City, and the Purchaser of the Mackall House is bound to diligently pursue completion of the renovation of the exterior of the house within twelve months of the date of settlement to comply with the City of Fairfax Building Code and the covenants, conditions and architectural standards of Pickett's Reserve, then in such event the house shall be preserved. PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 11 21. 22. 23. In the event that the Mackall House is preserved, the Applicant shall eliminate Lot 11 which is located immediately adjacent the Mackall House. In that event, there shall be no payment of the recreational contribution referred to in Proffer 5 and there shall be no payment to the Renaissance Housing Corporation referred to in Proffer 20a. In the event the Applicant is unsuccessful in selling the Mackall House within nine months of the listing of the property for sale, subject to the conditions set forth above, the Applicant is permitted to raze the Mackall House and develop the lot in compliance with the GDP/PSP without further consideration or action by the Planning Commission or City Council. KRASNOW BARN. The Applicant shall contribute to the City the sum of $50,000 for the cost of the disassembly, off-site storage, and reassembly by the City of the Krasnow Barn located in the southern portion of Parcel 14. The City shall have up to six months from the date of contribution following the approval of the rezoning of the Property to remove the Barn from the Property. Upon removal, the Krasnow Barn shall become the sole property of the City. Any portion of the contribution not allocated to these activities shall be contributed to Historic Fairfax City Inc. Should the City not act to remove the Barn within the above- stated six month period, the City shall refund the entire $50,000 contribution to the Applicant and the Applicant shall be permitted to raze or remove the Barn from the Property. PHOTOGRAPHIC RECORDS. Photographic records, structure locations and measured drawings consistent with documentation requirements for local, state or national landmark registration of the Mackall House and the Krasnow House and Barn shall be prepared by the Applicant subject to review and approval by the City Planning Director and the Director of Historic Resources subject to a maximum expenditure of $10,000. CONSTRUCTION MANAGEMENT. The Applicant shall provide a corporate surety or cash bond of$15,000 to provide for any damage to the intersection of Pickett Road and the property's entrance due to construction traffic associated with Property. A joint inspection with the Department of Public Works of the condition of such road will be made prior to the start of construction. bo The Applicant shall provide a plan for phased construction of the development one month prior to beginning of construction to include the timetable for public and site improvements, plans for temporary pedestrian and vehicular circulation during construction, and plans for any ancillary facilities such as sales or construction trailers. PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 12 24. 25. 26. Co Utilities shall be installed and internal roads constructed to a hard surface (base asphalt) in each phase of construction prior to the first occupancy of that phase of construction. The base asphalt provision shall not be required of model homes located near the Property entrances on Pickett Road. Model homes shall have adequate emergency access subject to review and approval by the City Fire Marshal. The Applicant shall identify a person who will serve as liaison to the community throughout the duration of construction. This individual will be available throughout the hours of construction. The name and telephone number of this individual shall be provided in writing to residents and business owners whose property abuts the site, and to the Zoning Administrator. ADJACENT PARK LAND. There shall be no vehicular access to the adjacent fifteen (15) acre park in Fairfax County from the Property. Maintenance of utilities and trails within the 15 acre park shall be provided as stipulated in the Boundary Line Adjustment Agreement. No grading shall occur on the Property or on the fifteen (15) acre park area in Fairfax County until a Public Improvement Plan for the park land has been approved by the Fairfax County Department of Public Works and Environmental Services. DISTRIBUTION SYSTEM LAYOUT CRITERIA. Insofar as practicable, water distribution systems developed for the Property shall be compatible with the City's Department of Utilities' plan for an integrated water system. The Department of Utilities has developed a system of transmission mains and secondary feeders from which the local components of the distribution system will be supplied. Distribution mains shall be laid on a loop or grid system. DISCLOSURE. The initial Purchasers within Pickett' s Reserve shall execute a Disclosure Memorandum at time of Contract of Sale acknowledging the existence of the Mgntua Hills Swimming Association and its proximity to new homes within Pickett's Reserve. The Mantua Hills Swimming Association includes a lighted pool, lighted tennis courts, a bathhouse/clubhouse facility, swim meets and practices which may generate noise to surrounding communities, and hours of operation which include early moming and night time activities. Noise from gatherings/activities at the Mantua Hills Swimming Association may affect adjoining property owners from time to time during hours of operation of the Swimming Association. The Disclosure Memorandum shall also impart general information about the Pickett's Reserve community, surrounding land uses, proposed Homeowners Association for Pickett's Reserve, and the existence of covenants, conditions and restrictions which will be specific to all homeowners within the proposed community. PROFFERED CONDITIONS ZONING MAP AMENDMENT Page 13 27. SILTATION AND EROSION CONTROL. Prior to the initiation of construction, the Applicant shall meet with representatives of the Mantua Hills Swimming Association to review the approved siltation and erosion control plans affecting development of the property. 28. FUTURE AMENDMENTS. Individual sections of the Property may be subject to consideration by the Planning Commission and City Council of an amendment to this application (including GDP and proffers) without joinder or consent of the owners/residents of other sections, if such amendment does not significantly affect the other sections, as determined by the Director of Community Development and Planning. Previously approved proffers applicable to the section(s) which are not subject to such an amendment shall otherwise remain in full force and effect. 29. COUNTERPARTS. 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 in same document. [SIGNATURE PAGES BEGIN ON NEXT PAGE] J:klCE\5350\proffers~Proffers draft #16clean.doc PROFFERED CONDITIONS ZONING MAP AMENDMENT APPLICANT/CONTRACT PURCHASER PICKETT ROAD, LLC By: Its: [SIGNATURES CONTINUE ON NEXT PAGE] PROFFERED CONDITIONS ZONING MAP AMENDMENT TITLE OWNER OF 58-1 ((2)) 23 AND 58-1 ((1)) PT. 14 TEXACO REFINING AND MARKETING, INC. [SIGNATURES CONTINUE ON NEXT PAGE] PROFFERED CONDITIONS ZONING MAP AMENDMENT Z-778-98-1 TITLE OWNER OF TAX MAP 58-1 ((2)) PT. 25 AND PT. 26 [SIGNATURES END]