20030128 2003-1ORDINANCE NO. 2003
AN ORDINANCE TO AMEND SECTIONS 110-372 THROUGH 110-385,
ARTICLE II, DIVISION 13, CHAPTER 110 OF THE CODE
OF THE CITY OF FAIRFAX, VIRGINIA TO PROVIDE FOR
ACCESSORY DWELLING UNITS AND TO ESTABLISH APPROPRIATE
PROCEDURES AND STANDARDS FOR APPROVAL
OF ACCESSORY DWELLING UNITS.
WHEREAS, population and housing trends in the Washington Metropolitan Area
indicate a decline in household size due to several factors including decreasing family size,
increasing numbers of single persons, and a growing elderly population; and
WHEREAS, similar population and housing trends are evident in the City of Fairfax;
and
WHEREAS, the addition of moderately-priced small dwelling unit housing meets a
need for the elderly; and
WHEREAS, there is a shortage of accessible and usable housing for disabled
residents; and
WHEREAS, tenants in accessory dwelling units may provide a means for elderly or
disabled homeowners to cope with the rising cost of taxes, fuel, maintenance, and utilities;
and
WHEREAS, elderly or disabled homeowners may obtain, through tenants in accessory
dwelling units, rental income, companionship, security, and services, and thereby to enable
them to stay more comfortably in homes and neighborhoods they might otherwise consider
leaving; and
WHEREAS, it is consistent with the intent and purpose of the Comprehensive Plan
and the zoning ordinance to provide housing for all segments of the community; and
WHEREAS, it is important that no change will be permitted which will disrupt or
negatively impact the existing character of the City's single-family neighborhoods; and
WHEREAS, it is important to ensure that accessory dwelling units are only permitted
under appropriate conditions in owner-occupied homes in such a manner and number that
there will be no disruption to the character of single-family home neighborhoods;
BE IT ORDAINED, by the City Council that Article II, Division 13, Chapter 110 of
the Code of the City of Fairfax, Virginia is hereby amended to add the following:
Sec. 110-372.1
Accessory Dwelling Units
For the purposes of Sections 110-372.1 through 110-372.3, an accessory dwelling unit (ADU)
is defined as a separate additional living unit, including separate kitchen, sleeping, and
bathroom facilities, within a single-family residence.
Sec. 110-372.2
Special Use Permit Required for Accessory Dwelling Units
Accessory dwelling units may be permitted in single-family residences with a special use
permit granted by the City Council pursuant to City Code Section 110-366(c) upon
determination that, in addition to the review criteria contained therein, such use will be in
accordance with the standards and conditions contained in Section 110-372.3.
Where the proposed accessory dwelling unit would be subject to homeowner association
review, the applicant shall submit a letter indicating the association's approval in conjunction
with the special use permit application.
Sec. 110-372.3
Additional Standards and Conditions for Accessory Dwelling Units
The City Council may approve a special use permit for the establishment of an accessory
dwelling unit within a single-family dwelling unit only in accordance with the following
conditions:
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Accessory dwelling units shall only be permitted in association with a single-family
dwelling unit and there shall be no more than one accessory dwelling unit per single-
family dwelling unit.
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An accessory dwelling unit shall be located within the structure of a single-family
dwelling unit. Any added external entrances for the accessory dwelling unit shall be
located on the side or rear of the structure.
c. The gross floor area of the accessory dwelling unit shall not exceed thirty-five (35)
percent of the total gross floor area of the principal dwelling unit.
d. The accessory dwelling unit shall contain not more than two (2) bedrooms.
e. The occupancy of the accessory dwelling unit and the principal dwelling unit shall be in
accordance with the following:
°
One of the dwelling units shall be owner-occupied.
At least one of the dwelling units shall be occupied by:
(1) Any person fifty-five (55) years of age or over and/or
(2) Any person with a handicap as defined in the 1988 amendments to the
federal Fair Housing Act, to include a person with a physical or mental
impairment which substantially limits one or more major life activities; a
record of such an impairment; or being regarded as having such an
impairment.
The combined occupancy of the single-family dwelling unit and the accessory
dwelling unit shall consist of one family only, which is defined as one person
or a group of persons related by blood or marriage, plus not exceeding three (3)
additional urn'elated persons.
Any accessory dwelling unit established for occupancy by a disabled person shall provide
for reasonable access and mobility as required for the disabled person. The measures for
reasonable access and mobility shall be specified in the application for a special use
permit. Generally, reasonable access and mobility for physically handicapped persons
shall include:
Uninterrupted access to one (1) entrance; and
Accessibility and usability of one (1) toilet room.
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The City Council shall review all existing and/or proposed parking to determine if such
parking is sufficient to meet the needs of the principal and accessory dwelling units. If it
is determined that such parking is insufficient, the City Council may require the provision
of additional off-street parking spaces. Such parking shall be in addition to the
requirements required by the zoning ordinance for a single-family dwelling unit.
The City Council shall determine whether the proposed accessory dwelling unit together
with any other accessory dwelling unit(s) within the area will not constitute sufficient
change to modify or disrupt the predominant character of the neighborhood. In no
instance shall the approval of a special use permit for an accessory dwelling unit be
deemed a subdivision of the principal dwelling unit.
i. Any accessory dwelling unit shall meet the applicable regulations for zoning, building,
safety, health, and sanitation.
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The owner shall make provisions to allow inspections of the property by City personnel
during reasonable hours upon prior notice. An initial inspection of a new accessory
dwelling unit will be conducted by a City Zoning Inspector, in addition to any renewal of
the ADU use or transfer of ownership of the subject property.
The Zoning Inspector may also inspect the property if there is a complaint registered with
the City or if the official has other reason to believe that the owner or occupants of the
property are in violation of the ADU approval.
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Special use permits for accessory dwelling units shall be approved for a period not to
exceed five (5) years from the date of approval; provided, however, that such special use
permits may be renewed for succeeding five (5) year periods in accordance with the
provisions of Section 110-366, and Sections 110-372.1 through 110-372.3 (a-k).
The owner shall record a covenant on the property that identifies the accessory
dwelling use, the restrictions imposed by this ordinance, and includes a copy of the City
Council approval and accompanying conditions. Such covenant shall run with the real
property and be binding on all parties having any right, title, or interest in the subject
property and their successors and assigns.
Upon transfer of ownership of the subject property, the new owner shall be required to
certify in writing to the Zoning Office that either: i) continued use of the accessory
dwelling unit will comply with the conditions of the previous City Council approval for
the ADU use or ii) use of the accessory dwelling unit will not be continued and the use of
the space as a separate dwelling unit will cease in accordance with the regulations
contained in section 110-372.3(m).
m. An accessory dwelling unit may be used for the time frame prescribed by the City
Council, subject to any accompanying conditions. If there is a change in occupancy of the
accessory dwelling unit that does not comply with the conditions under which the City
Council approved the ADU use, the use of the space as a separate dwelling unit shall
cease, the physical an'angement of the space that created an independent housekeeping
unit shall be integrated into the primary dwelling unit, and the space shall not be
independently leased as a separate dwelling unit.
Secs. 110-373 through 110-385. Reserved.
BE IT FURTHER ORDAINED, by the City Council that any fee for an application for
renewal of a special use permit to allow continued use of an accessory dwelling unit shall be
as adopted in the annual Schedule of Rates and Levies.
The ordinance shall become effective as provided by law.
Planning Commission hearing: July 22, 2002 & September 23,200?
City Council hearing: January_ 28, 2003
Adoption: January_ 28, 2003
Date
ATTEST:
The vote on the motion to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilwoman Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye
ROCKY GORGE HOMES, L.L.C.
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
January 27, 2003
Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia, as amended, and Section 26-
6(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Rocky Gorge Homes, L.L.C. (the
"Applicant") and the Fairfax County Redevelopment and Housing Authority (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-790-01-1 filed by Rocky Gorge Homes, L.L.C., dated
April 5, 2001, as amended, and shown on City of Fairfax Tax Map 57-5 ((2)) 7, 8, 9, 10, 11 (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 PD(p) (Planned Development with
proffers) District in accordance with Applicant's General Development Plan/Preliminary Site Plan
dated August 3, 2001, as amended through November 15, 2002, showing up to 10 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 "Fairfax Gateway"
dated August 3, 2001, as amended through November 15, 2002, prepared by Christopher
Consultants, and consisting of 7 sheets.
DEDICATION AND ROAD CONSTRUCTION. At the time of final site plan approval,
the Applicant shall dedicate right-of-way along the Property's School Street frontage
measuring 25 feet from the existing centerline, subject to review and approval of Director of
Public Works. The Applicant shall, at its sole expense, construct frontage improvements
along its School Street frontage measuring 18 feet from the existing centerline.
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PARK CONSTRUCTION. The Applicant shall, at its sole expense, construct a park area
on the Property adjacent to the intersection of Chain Bridge Road and School Street in the
general location shown on Sheets 2, 3 and 5. The park shall include tree preservation as
described in Proffer 5. In addition, the park shall include additional landscaping,
hardscaping, lighting, structures, and seating creating a visual focal point/gateway feature.
Notwithstanding that park designs are shown on Sheet 5 of the GDP/PSP, a new alternate
design of the park shall be proposed by the Applicant after consultation with the Department
of Community Development and Planning, Historic Fairfax Inc. and the Board of
Architectural Review (BAR). The design shall be more in keeping with the plaza concept
generally illustrated in Exhibit 1 attached to these proffers. The design shall be presented to
the City Council for their review prior to BAR approval.
The portion of the park with the retaining wall, structures, seating, and paved plaza area
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 2
immediately adjacent to the intersection of School Street and Chain Bridge Road shall be
dedicated in fee to the City of Fairfax for public use. After dedication and acceptance of this
real estate, the maintenance of this area shall be the responsibility of the City. The remainder
of this park area shall be owned and maintained by the Homeowners Association.
Completion of the entire park and dedication of the City portion of the park shall occur prior
to final bond release. In the event the tree proposed to be preserved in the park does not
survive a five year period following final bond release for the park area, an alternate
landscape plan shall be prepared and approved by the BAR at the time of the park approval
to show how this area should be landscaped. The Applicant shall escrow with the City the
amount of $7,500.00, to defray the cost of the City implementing the alternate plan. Should
the tree survive the five year period, the escrow shall be returned to the Applicant.
LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in general
conformance with the landscaping shown on Sheets 2 and 5 of the GDP/PSP, subject to BAR
approval. The Applicant also reserves the right to preserve existing trees in lieu of
providing new landscaping within the peripheral landscaped buffers and elsewhere on the
Property, subject to BAR approval.
The private road serving the Property shall include an entry apron at its intersection with
School Street constructed of brick pavers or stamped asphalt tinted to resemble brick as
shown on the GDP/PSP. The brick pavers or stamped asphalt area shall be located entirely
out of the public right-of-way, and shall like all private streets on the Property be maintained
by the Homeowners Association.
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TREE PRESERVATION. During site plan processing, the Applicant shall analyze the
feasibility of preserving the large oak tree located in the northwest comer of the Property as
shown on Sheets 2 and 3 of the GDP/PSP. The Applicant shall contract with a certified
arborist to conduct a root excavation and decay evaluation of the oak tree to determine the
extent of decay. The arborist shall produce a report describing the methods employed and
extent of decay observed with a recommendation regarding the status and treatment of the
tree. This report shall be provided to the City's arborist for review and comment. If the
arborist's examination determines that 30% or more of the primary buttress roots have decay,
the tree will be removed. If less than 30% of the primary buttress roots have decay, the
arborist will prepare a tree management plan to be submitted in conjunction with final site
plan processing and implemented during construction. Specific tree preservation activities
designed to maximize the survivability of the tree shall be incorporated into the tree
management plan. Activities should include, but are not limited to, crown pruning, root
pruning, mulching and fertilization.
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STORMWATER MANAGEMENT. The Applicant shall provide stormwater management
and Best Management Practices (BMP) facilities within the portion of the Fairfax Gateway
development located in Fairfax County as shown on the GDP/PSP.
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 3
7. SIDEWALKS AND CROSSWALKS.
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The existing sidewalk along Chain Bridge Road shall remain as constructed. The
sidewalk shall not be blocked for construction without prior permission of the
Director of Public Works and installation of proper signage directing pedestrians to
alternate mutes. If the existing sidewalk is damaged due to construction activities on
the Property, it shall be replaced/repaired. If, in the opinion of the Director of Public
Works, the damage creates a hazard for pedestrians, the damage shall be repaired
immediately. Otherwise needed repair or replacement shall occur prior to release of
the site plan bond on the Property. A joint inspection with DPW of the condition of
the sidewalk shall be made prior to the start of construction.
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The Applicant shall construct a four (4) foot sidewalk along the Property's frontage
with School Street as shown on the GDP/PSP.
PRIVATE STREETS. The Applicant shall construct at its sole expense private streets, with
pavement widths as shown on the GDP/PSP. All private streets shall be constructed
(subgrade and pavement thickness) to City of Fairfax standards as specified in The Thickness
Design of Asphalt Pavements for Highways and Streets, prepared by The Asphalt Institute
dated February, 1991, or to the requirements of Section 7-502 of the Fairfax County Public
Facilities Manual, as determined by the Director of the City of Fairfax Department of Public
Works. The Applicant shall provide a public ingress/egress easement for all private streets
and adjacent sidewalks.
ARCHITECTURAL DESIGN. The building elevations and design guidelines provided in
the document Fairfax Gateway, Architectural Standards, Prototypical Elevations and
Ancillary Structures, prepared by Design Concepts Architects dated November 2002
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 subject to BAR approval. The
comer park details shown in the above-referenced document shall be superceded by the new
alternate park design described in Proffer 4.
All facades of residences shall be constructed of brick or stone, or a combination thereof
except for architectural appurtenances, ornamentation, detailing and/or accents. All exterior
chimneys shall be constructed of brick or stone.
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 4
10. NOISE ATTENUATION.
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Prior to final site plan approval, the Applicant shall retain an acoustical consultant to
prepare a noise assessment based on final site grades and future traffic volumes on
Route 123 for review and approval by the Zoning Administrator.
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In order to reduce interior noise to a level of approximately DNL 45 dBA, units
within a highway noise impact zone of DNL 65-70 dBA, as ultimately determined by
the study in Paragraph (A) above, shall be constructed with the following acoustical
treatment measures:
Exterior walls shall have a laboratory sound transmission class (STC) rating
of at least 39.
(2)
Doors and windows shall have a laboratory STC rating of at least 28 unless
windows constitute more than 20% of any facade exposed to noise levels of
DNL 65 dBA or above. If glazing constitutes more than 20% of an exposed
faCade, then the windows should have a STC rating of at least 39. However,
the Applicant may elect to have a refined acoustical analysis performed to
determine minimum STC ratings for exterior walls, windows, and doors; and
the STC rating specifications may be reduced based on this analysis, as
determined appropriate by DPW.
(3)
All surfaces shall be sealed and caulked in accordance with methods
approved by the American Society for Testing and Materials (ASTM) to
minimize sound transmission.
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In order to reduce interior noise to a level of approximately DNL 45 dBA, units
within a highway noise impact zone of DNL 70-75 dBA, as determined by the study
in Paragraph (A) above, shall be constructed with the following acoustical treatment
measures:
(1)
Exterior walls shall have a laboratory sound transmission class (STC) rating
of at least 45.
(2)
Doors and windows shall have a laboratory STC rating of at least 37 unless
windows constitute more than 20% of any faCade exposed to noise levels of
DNL 65 dBA or above. If glazing constitutes more than 20% of an exposed
fagade, then the windows should have a STC rating of at least 45. However,
the Applicant may elect to have a refined acoustical analysis performed to
determine minimum STC ratings for exterior walls, windows, and doors; and
the STC rating specifications may be reduced based on this analysis, as
determined appropriate by DPW.
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 5
(3)
All surfaces shall be sealed and caulked in accordance with methods
approved by the American Society for Testing and Materials (ASTM) to
minimize sound transmission.
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Nothing herein shall be construed to restrict or otherwise limit the use of upper-level
balconies or decks on residential units.
11.
RECREATIONAL CONTRIBUTION. The Applicant shall provide a cash contribution of
$955.00 per dwelling unit for the 10 units located in the City of Fairfax to the City of Fairfax
for the development of recreational facilities in the vicinity of the Property. Contribution
shall be made at the time of issuance of occupancy permits.
12.
HOMEOWNERS ASSOCIATION. The Applicant shall form a Homeowners Association
(HOA) that 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, travel aisle/parking lot maintenance and common area
maintenance.
13.
RESTRICTIVE COVENANTS. Restrictive covenants for the Property shall include, but
not be limited to, the following:
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No person will be allowed to construct any exterior structural improvements
(including accessory structures, 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.
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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.)
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Outside storage or parking of recreational vehicles on the Property shall be prohibited
both on individual lots and elsewhere on the Property.
14.
SPLIT JURISDICTION NOTIFICATION. Purchasers shall be advised in writing prior to
entering into a Contract of Sale that the proposed residential community is located partially
within Fairfax County and partially within the City of Fairfax, and that the two jurisdictions
provide different services to its residents. The homeowners association documents shall
include documentation of these jurisdictional differences.
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 6
15.
DISCLOSURE. The initial purchasers of dwelling units on the Property shall execute a
Disclosure Memorandum at time of Contract of Sale acknowledging their review of City
plans showing the future closing of School Street, the extension of George Mason Boulevard,
the potential for a mixed use redevelopment of the Eleven Oaks School Property, and the
potential vehicular connection between the Property and the parcel to the east. The
Disclosure Memorandum shall notify homeowners that the proposed development is located
partially with the City of Fairfax and partially within Fairfax County, and that these two
jurisdictions provide different public services to their residents and have different tax rates.
The Disclosure Memorandum shall also state that there are proffers and other zoning
restrictions upon their property, and shall impart general information about the proposed
Homeowners Association and the existence of covenants, conditions and restrictions. Such
Disclosure Memorandum shall be submitted to the Zoning Administrator for review for
compliance with this proffer prior to execution of the first Contract of Sale for a home on the
Property
16.
COMMUNICATIONS TECHNOLOGY. The Applicant shall make available to
purchasers of all homes, on an optional basis, the following home features and shall display
such features in the model homes/sales office:
Multiple telephone lines using wiring of a quality sufficient to transmit data to
telephones, facsimile machines, modems, and/or similar communications equipment
in the homes.
ii.
iii.
iv.
Dedicated circuits to serve electrical power needs of home office equipment and/or
family computer work spaces.
Home security systems and/or wiring network systems for distribution of other data
throughout the home.
Empty wiring conduits installed in the walls of the home for the purpose of
accommodating future wiring which may be desired by the homeowners alter
construction.
17.
CONSTRUCTION MANAGEMENT PLAN. Subsequent to rezoning approval but prior
to site plan approval, the Applicant agrees to submit a management plan for approval by the
City Manager or designee for construction which will include the following information:
A. Hours of operation;
B. Truck routes to and from entrances;
C. Location of parking areas for construction employees;
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 7
18.
D. Truck staging and cleaning areas;
E. Storage areas;
F. Fencing details;
G. Trailer and sanitary facility locations;
H. Traffic control measures; and
I. Maintenance of entrances.
The Applicant shall take every reasonable step to discourage construction traffic through
nearby single-family neighborhood communities. The Applicant shall post signs banning
construction traffic from exiting the site onto eastbound School Street and shall route all
construction traffic to the site via Chain Bridge Road.
Applicant shall ban its employees and employees of contractors and subcontractors working
on the site from parking in the on-street spaces on the north side of School Street and on
other nearby City streets including the portion of School Street on the west side of Chain
Bridge Road. The Applicant shall install signs to that effect if requested by the City's
representative.
The Applicant shall provide cash, bond or letter of credit in the amount of $20,000 to provide
for any damage to the road system fronting the Property (i.e., School Street and Chain Bridge
Road) due to construction traffic. A joint inspection with the DPW of the condition of such
roads shall be made prior to the start of construction.
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
and plans for any ancillary facilities such as sales or construction trailers.
Construction activity shall be limited from 7:00 A.M. to 6:00 P.M., weekdays and 8:30 A.M.
to 5:00 P.M., Saturdays. No construction activity shall take place on Sundays.
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
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
Page 8
proffers applicable to the section(s) which are not subject to such an amendment shall
otherwise remain in full force and effect.
19.
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.
20.
SCHOOL CONTRIBUTION. At the time of site plan approval, the Applicant shall make a
contribution in the amount of $10,000 to the City of Fairfax School Board to support
renovation efforts at Fairfax High School.
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J:\ROCKYGORGE\I 3.5\proffers\City Proffers 11 clean.doc
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
APPLICANT/CONTRACT PURCHASER
ROCKY GORGE HOMES, L.L.C.
By: ~'l~isto'~er S. Dorment U
Its: Chairman
[SIGNATURES CONTINUE ON NEXT PAGE]
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
TITLE OWNER OF 5%4 ((2)) 7-11
FAIRFAX COUNTY REDEVELOPMENT AND
HOUSING AUTHORITY
~Stevens
Its: Assistant Secretary
[SIGNATURES END]