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2010-13ORDINANCE NO. 2010-13 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-1, RESIDENTIAL, TO RPD, RESIDENTIAL PLANNED DEVELOPMENT (WITH PROFFERS) AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT, "THE PROPERTY" IDENTIFIED AS "JOHNSON CREST" FURTHER DESCRIBED AS CITY OF FAIRFAX TAX MAP PARCELS 57-3-02-039 AND 57-3-02-040. WHEREAS, The Johnson A. Edosomwan LLC, by Robert H. Lawrence and Grayson P. Hanes, attorneys/agents, submitted applications No. Z-08070014, SE-09070019 and V- 09070020 requesting a change in the zoning classification from R-1 Residential to RPD(p) Residential Planned Development (with proffers) and Old Town Fairfax Transition Overlay District, with special exceptions and variances, for the parcels identified above, and more specifically described as follows: Beginning at a point on the westerly line of Chain Bridge Road, Route 4123, a variable width public right-of-way, said point also being the southeast corner of Parcel "B", Providence Park; Thence, departing the southerly line of Parcel "B", Providence Park and running with said westerly line of Chain Bridge Road, 188.87 along the arc of a curve to the left, having a radius of 646.80 feet, a central angle of 16°43'50" and a chord length of 188.20 feet which bears S02°31'21 "E, to the northeast corner of Lot 2, J. W. Rust Subdivision; Thence, departing the westerly line of Chain Bridge Road and running with the northerly line of Lot 2, J. W. Rust Subdivision, N85'1 1'58"W, a distance of 235.59 feet, to the northwest corner of Lot 2, J. W. Rust Subdivision, said point also being on the easterly line of Lot 13, Phase II, Chancery Park; Thence, departing the northerly line of Lot 2, J. W. Rust Subdivision and running with a portion of said easterly line of Lot 13, Phase II, Chancery Park and the easterly line of Lot 12, Phase 11, Chancery Park N00°56'09"E, a distance of 116.61 feet, to the northeast corner of Lot 12, Phase II, Chancery Park, said point also being on the southerly line of the aforementioned Parcel "B", Providence Park; Thence, departing the easterly line of Lot 12, Phase II, Chancery Park and running with said southerly line of Parcel "B", Providence Park, the following three (3) courses and distances: 1. S77°47'00"E, a distance of 36.29 feet; 2. N12°12'37"E, a distance of 98.03 feet; 3. S77°47'23"E, a distance of 172.27 feet, to the point of beginning, Containing 40,832 Square Feet or 0.93737 Acres of Land, More or Less; 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 to RPD(p), Residential Planned Development (with proffers) and Old Town Fairfax Transition Overlay District. BE IT FURTHER ORDAINED, that the above described property be subject to the following reasonable condition, that the applicant `explore the possibility of alternative access prior to site plan approval', and 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: The Johnson A. Edosomwan Limited Liability Company (Johnson Crest) July 27, 2009, revised January 19, 2010, April 26, 2010 and May 11, 2010 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, the Johnson A. Edosomwan Limited Liability Company ("Applicant"), and its successors and assigns, agree that the development of the property that is the subject of an application for Zoning Map Amendment Z-08070014 filed by Applicant, as amended, and shown on City of Fairfax Tax Map Parcels 57-3-02-039 and 57-3-02-040 (collectively, 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 District and the Old Town Transitional Overlay District in accordance with Applicant's General Development Plan/Preliminary Site Plan (GDP/PSP), dated July 27, 2009, as revised, showing nine 9 residential units. The proffered conditions are: 1. GENERAL DEVELOPMENT 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 "Johnson Crest" dated July 27, 2009, as revised, prepared by Christopher Consultants. 2. LANDSCAPING a. Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheet 5 of 7 of the GDP/PSP subject to Board of Architectural Review (BAR) approval. Large deciduous trees shall have a minimum caliper of 3-1/2 inches, medium deciduous trees shall have a minimum height of 8 to 10 feet and evergreen trees shall have a minimum height of 8 to 10 feet at time of planting. b. Applicant reserves the right to install an entry feature on the Property in proximity to its access to Chain Bridge Road provided it lies clear of any sight distance prohibitions associated with the site entrance drive. Said feature may include decorative walls and/or fencing in addition to landscaping, and any signage associated with this feature shall abide by the full provisions of Division- 7 (Signs) of the Zoning Ordinance. 3. PUBLIC ROADS Applicant shall record a public ingress/egress easement along the Property's Chain Bridge Road frontage fifty (50) feet from centerline for future pedestrian or transportation facilities as determined by the Department of Public Works. Dedication of the easement shall be made at time of site plan approval or upon demand by the City of Fairfax, whichever shall first occur. 4. PRIVATE STREETS At the time of site plan approval, Applicant shall grant a public ingress-egress easement to the City of Fairfax over the private streets to permit access for trash collection, recycling and emergency vehicles. 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. 5. HOMEOWNERS' ASSOCIATION Applicant shall form a Homeowners' Association (HOA) for the Property. The HOA shall be responsible for maintenance of the private streets, the parking area and adjacent sidewalk, retaining walls and adjacent easement, stormwater detention and water quality facilities, and all commonly held open space associated with the development of the Property. Further, the HOA shall be responsible for the enforcement of restrictions on the Property. 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 include, but shall not be limited to, maintenance of private storm drainage facilities, snow removal and travel aisle maintenance. 6. RESTRICTIVE COVENANTS Restrictive covenants for the Property shall include, but not be limited to, the following: a. No person will be allowed to construct any exterior structural improvements (including decks and fences) without the review and approval by the HOA, which shall be guided by architectural guidelines established by Applicant, the homeowners' association documents, and approval of the City's Zoning Administrator and receipt of necessary building permits. b. 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.) C. The maintenance of the private streets, the storm water detention/water quality facilities, the walkways, the retaining walls and other landscaping and entry features located in any common open space will be the responsibility of the HOA in perpetuity, and said maintenance costs shall be shared as among all nine (9) lots. The HOA shall obtain adequate liability insurance to protect against legal claims that may arise from the maintenance of these facilities. It is understood that no request shall be made to have the private streets taken into the City of Fairfax street system. d. Outside storage or parking of recreational vehicles on the Property shall be prohibited both on individual lots and elsewhere on the Property. 7. ARCHITECTURAL DESIGN The property's proposed townhouse facades that are visible from the streets that surround the site shall be of brick masonry, stone, or a combination thereof, except for architectural appurtenances, ornamentation and detailing. Due to the entirety of the property being located within the Old Town Fairfax Transition Overlay District, all townhouses shall adhere to the maximum allowed wall height of 43 feet. The architectural design of the proposed residences shall generally conform to the character and quality of the illustrative elevation photographs depicted on sheet 7 of 7 of the GDP/PSP. Applicant reserves the right to modify final architectural design subject to approval by the Board of Architectural Review (BAR). All retaining walls and the site's entry feature(s) shall be faced with brick or stone, subject to review and approval by the BAR. 8. SIDEWALKS AND CROSSWALKS a. The existing sidewalk along Chain Bridge Road shall be replaced with a five (5) foot wide brick sidewalk which shall be extended across the entire frontage of the Property. The sidewalk shall not be blocked for construction without prior permission of the Director of Public Works (DPW) and installation of proper signage directing pedestrians to alternate routes. 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. b. The site's on-site walkways along each of the three sides of the site's private accessway entrance shall also be brick, as shown on the CDP/PSP. C. The applicant shall construct a brick crosswalk across the private site entry accessway at its intersection with Chain Bridge Road and at the internal T-intersection of the private accessway to connect the entry accessway sidewalks to the community feature, as shown on the CDP/PSP. 9. COMMUNITY FEATURE The Applicant shall, at its sole expense, construct a pedestrian-scaled community feature as an amenity for the occupants of the proposed on-site dwelling units. This community feature should replicate as close as possible the feature shown on the preliminary site plan. This feature shall include landscaping (hardscape and softscape), street furniture, and other amenities for the residences. The existence and location of this feature shall be easily identifiable to off-site passersby as well as site visitors and site inhabitants, and shall be designed to be interconnected via lighted walkways to the site's internal paths as well as to the sidewalk located along Chain Bridge Road. 10. UNDERGROUNDING OF UTILITIES Applicant, at its sole expense, shall place the existing overhead utilities along Chain Bridge Road underground prior to bond release. 11. LIGHTING Applicant shall install electric lights with fixtures resembling the gaslight fixtures specified in the Community Appearance Plan for Old Town. 12. UNIVERSAL DESIGN Applicant shall offer a universal design option in the floor plans. The universal design elements should include the following: a. Three of the sites' dwellings shall each provide at least one zero-step entrance to enter the home. This entrance should be accessible from the street or driveway, and may be at the front, back or side of the house. b. Interior doors along the accessible route on the ground floor shall be a minimum of 32 inches wide, with easy-open hardware. c. Minimum 36-inch wide level route through the ground floor, except at doorways. d. Ground floor bathroom walls reinforced to provide for the possibility of easy installation of grab bars at toilets, tubs and showers at a later time. e. Light switches, electrical outlets, thermostats and other controls installed at accessible heights. 13. GREEN BUILDING DESIGN The Applicant shall provide Energy Star appliances in all dwelling units. 14. CONSTRUCTION MANAGEMENT PLAN Subsequent to rezoning approval but prior to site plan approval, Applicant agrees to submit a management plan for approval by the City Manager or his 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; D. Truck staging and cleaning areas; E. Storage areas; F. Fencing details; G.. Trailer and sanitary facility locations; H. Traffic control measures; and 1. Maintenance of entrances. Applicant shall take every reasonable step to discourage traffic through nearby single- family neighborhood communities. Applicant shall route all construction traffic to the site via Chain Bridge Road. Applicant shall require its employees and employees of contractors and subcontractors working on the site to park only on the Property and not park on other nearby properties or streets. Applicant shall install signs to that effect if requested by the City's representative. 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 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. Upon the release of the construction bond, the cash shall be returned. If a bond or a letter of credit is provided, it shall be released at the time of the release of the construction bond. Applicant shall provide a plan for phased construction of the development one month prior to beginning construction to include the timetable for public and site improvements and plans for any ancillary facilities such as sales or construction trailers. Applicant shall identify a person who shall serve as a liaison to the community throughout the duration of construction. The name and telephone number of this individual shall be provided in writing to residents and business owners abutting or located across Chain Bridge Road from this site, to the Chancery Park Home Owners Association and any other home owners association representing lands that abut the subject site, and to the Zoning Administrator. 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. 15. STORMWATER MANAGEMENT Applicant shall provide underground Storm Water Management (SWM) and Best Management Practices (BMP) in the locations as generally shown on the GDP/PSP. These facilities shall include Low Impact Design such as porous paving, rain gardens, etc. where feasible. Design of the proposed facilities shall be subject to the review and approval of the Director of Public Works (DPW) prior to site plan approval. If required by DPW, the storm water detention facility shall be sized to provide detention for the 10-year storm. The proposed facilities shall be owned and privately maintained by the homeowners' association (HOA). At the time of first submission of the subdivision/site plan, Applicant shall submit a Water Quality Impact Assessment (WQIA) for review and approval by DPW. The WQIA shall include a description of the on-going maintenance activities needed for each type of facility and the proposed maintenance schedule for each. The HOA or its designee shall submit maintenance reports to DPW according to the timetable established at the time of subdivision/site plan approval. 16. NOISE ATTENUATION a. Prior to final site plan approval, Applicant shall retain an acoustical consultant to prepare a noise assessment based on final site grades and future traffic volumes on Chain Bridge Road, Route 123, for review and approval by the Zoning Administrator. b. 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: i. Exterior walls shall have a laboratory sound transmission class (STC) rating of at least 39. ii. Doors and windows shall have a laboratory STC rating of at least 28 unless windows constitute more than 20% of any fagade exposed to noise levels of DNL 65 dBA or above. If glazing constitutes more than 20% of an exposed fagade, then the windows shall have a STC rating of at least 39. However, 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. iii. 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. C. 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: i. Exterior walls shall have a laboratory sound transmission class (STC) rating of at least 45. ii. Doors and windows shall have a laboratory STC rating of at least 37 unless windows constitute more than 20% of any fagade 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, 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. iii. 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. d. Nothing herein shall be construed to restrict or otherwise limit the use of upper-level balconies or decks on residential units. 17. FUTURE AMENDMENTS Individual sections of the Property may be subject to consideration by the Planning Commission and City Council of an amendment to this applications (including GDP and proffers) without rejoinder or consent of the owners/residents of other sections, if such amendment does not significantly affected the other sections, as determined by the Director of Community Development and Planning. Previously approved proffers applicable to the sections(s) which are not subject to such an amendment shall otherwise remain in full force an effect. 18. SUCCESSORS AND ASSIGNS Applicant, for itself, its successors and assigns, agree that these proffers shall bind the future development of the Property, unless modified, waived or rescinded in the future by the City Council, in accordance with applicable City of Fairfax and Commonwealth of Virginia statutory procedures. The Johnson A. Edosomwan Limited Liability Co. By: Johnson A. Edosomwan Its: General Manager BE IT FURTHER ORDAINED, that the above conditions, application package, covenants and general development/preliminary site plan revised through January 22, 2010 be approved, and that waivers be granted from City Code § 110-86-7(7), 110-258, 110-672(2), and 110- 1046(3)b, c. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes in the zoning of these premises, including the existence of the proffered conditions, and the Clerk of the Council is directed to transmit duly certified copies of this ordinance to the applicant, Zoning Administrator, and to the Planning Commission of this City as soon as possible. This ordinance shall be effective as provided by law. Planning Commission hearing: April 26, 2010 City Council hearing: May 11, 2010 Adopted: May 11, 2010 ayorrIkI14 D to ATTEST City Clerk The motion to adopt the ordinance was approved as follows: Vote Councilmember Cross Aye Councilman Drummond Nay Councilman Greenfield Aye Councilman Meyer Aye Councilman Rasmussen Aye Councilman Stombres Aye PROFFERED CONDITIONS The Johnson A. Edosomwan Limited Liability Company (Johnson Crest) July 27, 2009, revised January 19, 2010, April 26, 2010 and May 11, 2010 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, the Johnson A. Edosomwan Limited Liability Company ("Applicant"), and its successors and assigns, agree that the development of the property that is the subject of an application for Zoning Map Amendment 2- 08070014 filed by Applicant, as amended, and shown on City of Fairfax Tax Map Parcels 57-3- 02-039 and 57-3-02-040 (collectively, 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 District and the Old Town Transitional Overlay District in accordance with Applicant's General Development Plan/Preliminary Site Plan (GDP/PSP), dated July 27, 2009, as revised, showing nine (9 residential units. The proffered conditions are: 1. GENERAL DEVELOPMENT 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 "Johnson Crest" dated July 27, 2009, as revised, prepared by Christopher Consultants. 2. LANDSCAPING a. Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheet 5 of 7 of the GDP/PSP subject to Board of Architectural Review (BAR) approval. Large deciduous trees shall have a minimum caliper of 3-1/2 inches, medium deciduous trees shall have a minimum height of 8 to 10 feet and evergreen trees shall have a minimum height of 8 to 10 feet at time of planting. b. Applicant reserves the right to install an entry feature on the Property in proximity to its access to Chain Bridge Road provided it lies clear of any sight distance prohibitions associated with the site entrance drive. Said feature may include decorative walls and/or fencing in addition to landscaping, and any signage associated with this feature shall abide by the full provisions of Division 7 (Signs) of the Zoning Ordinance. 3. PUBLIC ROADS Applicant shall record a public ingress/egress easement along the Property's Chain Bridge Road frontage fifty (50) feet from centerline for future pedestrian or transportation facilities as determined by the Department of Public Works. Dedication of US ACTIVE-102022692.35/11/103:14 PM the easement shall be made at time of site plan approval or upon demand by the City of Fairfax, whichever shall first occur. PRIVATE STREETS At the time of site plan approval, Applicant shall grant a public ingress-egress easement to the City of Fairfax over the private streets to permit access for trash collection, recycling and emergency vehicles. 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. HOMEOWNERS' ASSOCIATION Applicant shall form a Homeowners' Association (HOA) for the Property. The HOA shall be responsible for maintenance of the private streets, the parking area and adjacent sidewalk, retaining walls and adjacent easement, stormwater detention and water quality facilities, and all commonly held open space associated with the development of the Property. Further, the HOA shall be responsible for the enforcement of restrictions on the Property. 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 include, but shall not be limited to, maintenance of private storm drainage facilities, snow removal and travel aisle maintenance. RESTRICTIVE COVENANTS Restrictive covenants for the Property shall include, but not be limited to, the following: a. No person will be allowed to construct any exterior structural improvements (including decks and fences) without the review and approval by the HOA, which shall be guided by architectural guidelines established by Applicant, the homeowners' association documents, and approval of the City's Zoning Administrator and receipt of necessary building permits. b. 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.) C. The maintenance of the private streets, the storm water detention/water quality facilities, the walkways, the retaining walls and other landscaping and entry features located in any common open space will be the responsibility of the HOA in perpetuity, and said maintenance costs shall be shared as among all nine (9) lots. The HOA shall obtain adequate liability insurance to protect against legal claims that may -2- arise from the maintenance of these facilities. It is understood that no request shall be made to have the private streets taken into the City of Fairfax street system. d. Outside storage or parking of recreational vehicles on the Property shall be prohibited both on individual lots and elsewhere on the Property. 7. ARCHITECTURAL DESIGN The property's proposed townhouse facades that are visible from the streets that surround the site shall be of brick masonry, stone, or a combination thereof, except for architectural appurtenances, ornamentation and detailing. Due to the entirety of the property being located within the Old Town Fairfax Transition Overlay District, all townhouses shall adhere to the maximum allowed wall height of 43 feet.. The architectural design of the proposed residences shall generally conform to the character and quality of the illustrative elevation photographs depicted on sheet 7 of 7 of the GDP/PSP. Applicant reserves the right to modify final architectural design subject to approval by the Board of Architectural Review (BAR). All retaining walls and the site's entry feature(s) shall be faced with brick or stone, subject to review and approval by the BAR. 8. SIDEWALKS AND CROSSWALKS a. The existing sidewalk along Chain Bridge Road shall be replaced with a five (5) foot wide brick sidewalk which shall be extended across the entire frontage of the Property. The sidewalk shall not be blocked for construction without prior permission of the Director of Public Works (DPW) and installation of proper signage directing pedestrians to alternate routes. 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, b. The site's on-site walkways along each of the three sides of the site's private accessway entrance shall also be brick, as shown on the CDP/PSP. C. The applicant shall construct a brick crosswalk across the private site entry accessway at its intersection with Chain Bridge Road and at the internal T-intersection of the private accessway to connect the entry accessway sidewalks to the community feature, as shown on the CDP/PSP. 9. COMMUNITY FEATURE The Applicant shall, at its sole expense, construct a pedestrian-scaled community feature as an amenity for the occupants of the proposed on-site dwelling units. This community feature should replicate as close as possible the feature shown on the preliminary site plan. This feature shall include landscaping (hardscape and softscape), street furniture, -3- and other amenities for the residences. The existence and location of this feature shall be easily identifiable to oil site passersby as well as site visitors and site inhabitants, and shall be designed to be interconnected via lighted walkways to the site's internal paths as well as to the sidewalk located along Chain Bridge Road. 10. UNDERGROUNDING OF UTILITIES Applicant, at its sole expense, shall place the existing overhead utilities along Chain Bridge Road underground prior to bond release. 11. LIGHTING Applicant shall install electric lights with fixtures resembling the gaslight fixtures specified in the Community Appearance Plan for Old Town. 12. UNIVERSAL DESIGN Applicant shall offer a universal design option in the floor plans. The universal design elements should include the following: a. Three of the sites' dwellings shall each provide at least one zero-step entrance to enter the home. This entrance should be accessible from the street or driveway, and may be at the front, back or side of the house. b. Interior doors along the accessible route on the ground floor shall be a minimum of 32 inches wide, with easy-open hardware. c. Minimum 36-inch wide level route through the ground floor, except at doorways. d. Ground floor bathroom walls reinforced to provide for the possibility of easy installation of grab bars at toilets, tubs and showers at a later time. e. Light switches, electrical outlets, thermostats and other controls installed at accessible heights. 13. GREEN BUILDING DESIGN The Applicant shall provide Energy Star appliances in all dwelling units. CONSTRUCTION MANAGEMENT PLAN Subsequent to rezoning approval but prior to site plan approval, Applicant agrees to submit a management plan for approval by the City Manager or his 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; -4- 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. Applicant shall take every reasonable step to discourage traffic through nearby single- family neighborhood communities. Applicant shall route all construction traffic to the site via Chain Bridge Road. Applicant shall require its employees and employees of contractors and subcontractors working on the site to park only on the Property and not park on other nearby properties or streets. Applicant shall install signs to that effect if requested by the City's representative. 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 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. Upon the release of the construction bond, the cash shall be returned. If a bond or a letter of credit is provided, it shall be released at the time of the release of the construction bond. Applicant shall provide a plan for phased construction of the development one month prior to beginning construction to include the timetable for public and site improvements and plans for any ancillary facilities such as sales or construction trailers. Applicant shall identify a person who shall serve as a liaison to the community throughout the duration of construction. The name and telephone number of this individual shall be provided in writing to residents and business owners abutting or located across Chain Bridge Road from this site, to the Chancery Park Home Owners Association and any other home owners association representing lands that abut the subject site, and to the Zoning Administrator. 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. 15. STORMWATER MANAGEMENT Applicant shall provide underground Stone Water Management (SWM) and Best Management Practices (BMP) in the locations as generally shown on the GDP/PSP. These facilities shall include Low Impact Design such as porous paving, rain gardens, etc, where feasible. Design of the proposed facilities shall be subject to the review and approval of the Director of Public Works (DPW) prior to site plan approval. If required by DPW, the storm water detention facility shall be sized to provide detention for the 10- year storm. -5- The proposed facilities shall be owned and privately maintained by the homeowners' association (HOA). At the time of first submission of the subdivision/site plan, Applicant shall submit a Water Quality Impact Assessment (WQIA) for review and approval by DPW. The WQIA shall include a description of the on-going maintenance activities needed for each type of facility and the proposed maintenance schedule for each. The HOA or its designee shall submit maintenance reports to DPW according to the timetable established at the time of subdivision/site plan approval. 16. NOISE ATTENUATION a. Prior to final site plan approval, Applicant shall retain an acoustical consultant to prepare a noise assessment based on final site grades and future traffic volumes on Chain Bridge Road, Route 123, for review and approval by the Zoning Administrator, b. 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: i. Exterior walls shall have a laboratory sound transmission class (STC) rating of at least 39. ii. 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 shall have a STC rating of at least 39. However, 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. iii. 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. C. 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: i. Exterior walls shall have a laboratory sound transmission class (STC) raring of at least 45. ii. 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 facade, then the windows should have a STC rating of at least 45. However, Applicant may elect to have a refined acoustical analysis performed to determine minimum STC ratings for exterior -6- walls, windows, and doors; and the STC rating specifications may be reduced based on this analysis, as determined appropriate by DPW. iii. 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. d. Nothing herein shall be construed to restrict or otherwise limit the use of upper- level balconies or decks on residential units. 17. FUTURE AMENDMENTS Individual sections of the Property may be subject to consideration by the Planning Commission and City Council of an amendment to this applications (including GDP and proffers) without rejoinder or consent of the owners/residents of other sections, if such amendment does not significantly affected the other sections, as determined by the Director of Community Development and Planning. Previously approved proffers applicable to the sections(s) which are not subject to such an amendment shall otherwise remain in full force an effect. SUCCESSORS AND ASSIGNS Applicant, for itself, its successors and assigns, agree that these proffers shall bind the future development of the Property, unless modified, waived or rescinded in the future by the City Council, in accordance with applicable City of Fairfax and Commonwealth of Virginia statutory procedures. The Johnson A. Edosomwan Limited Liability Co. By JohnsAAd- IIts: General Manager [SIGNATURE END] -7-