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R-10-29 ..r City Council City of Fairfax RESOLUTION R -10 -29 APPROVAL RESOLUTION TO APPROVE THE REQUEST BY MARTIN D. WALSH, ATTORNEY -IN -FACT, AND ELIZABETH BAKER, AGENT, FOR RATCLIFFE HALL, L.L.C., FOR A SPECIAL EXCEPTION PURSUANT TO CITY CODE SECTIONS 110 -84 AND 110 -85 TO ENCROACH INTO THE 100 -FOOT RESOURCE PROTECTION AREA (RPA) AND FOR A SPECIAL EXCEPTION PURSUANT TO CITY CODE SECTION 110 -1046 TO PERMIT A MINIMUM REAR YARD OF LESS THAN 25 FEET AND SCREENING LESS THAN THAT REQUIRED IN ARTICLE II DIVISION 10 ON THE PROPERTY KNOWN AS TAX MAP PARCEL 57- 3 -03 -A2 AND ALSO KNOWN AS THE PROPERTY LOCATED ALONG JUDICIAL DRIVE BETWEEN PAGE AVENUUE AND MAIN STREET. WHEREAS, Ratcliffe Hall L.L.C. has submitted Application No. SE- 09070010 requesting a Special Exception to reduce the requirements of Sections 110 -84 and 110 -85 which regulates encroachments into required RPAs and a Special Exception to reduce the requirements of Section 110 -1046 which defines required yard setbacks; and WHEREAS, City Council has carefully considered the application, the recommendations of staff, the recommendation of the Board of Architectural Review (BAR), and testimony received at the public hearing; and WHEREAS, City Council has determined that the proposed Special Exceptions are appropriate because the proposal meets the requisites established by City of Fairfax Code Section 110 -366 for the following reasons: 1) The request will not result in increased traffic congestion or otherwise negatively impact existing traffic flow or pedestrian and vehicular safety; 2) The request will not be contrary to the objectives specified in the comprehensive plan; 3) The request is necessary to permit the reasonable use of the subject property; 4) The request will not adversely impact adjacent property or the surrounding area; 5) The request is the minimum necessary to afford relief; 6) The request will not adversely impact the safety and welfare of residents living in the area; and 7) The request is in harmony with the general purpose and intent of Article II of Chapter 110 of the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax on this 13 day of July, 2010, that Application No. SE- 09070010 be and hereby is APPROVED, as requested subject to the following conditions: 1. GENERAL DEVELOPMENT PLAN /PRELIMINARY SITE PLAN. The general character of the development of the Property shall be in substantial conformance with the General Development PlanlPreliminary Site Plan (GDP /PSP) dated December 12, 2001, as amended through February 15, 2005, prepared by Dewberry & Davis LLC. The general character of the development of the South Property shall be in substantial conformance with the GDP /PSP dated July 9, 2009 as amended through June 8, 2010, prepared by Dewberry & Davis LLC (the "South Property GDP /PSP "). 2. No changes. 3. No changes. 4. No changes. 5. LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheets 2 and 6 of the GDP /PSP subject to Board of Architectural Review (BAR) approval, however, landscaping of the South Property shall be in substantial conformance with Sheets 3 and 6 of the South Property GDP /PSP subject to BAR approval. Aim a. No changes. b. No changes. c. The Applicant shall provide a gazebo or garden structure and a children's play area on the South Property as shown on Sheets 3 and 6 of the South Property GDP /PSP. These amenities shall be owned and maintained by the Homeowners Association to be established for the South Property. 6. No changes. 7. PRIVATE ACCESS WAYS. a. No changes. b. No changes. c. No changes. d. The private accessways shall be maintained by the Homeowners Association. e. Locations for the staging of trash collection along the private accessways shall be shown on the final site plan. 8. ARCHITECTURAL DESIGN. a. The building elevations for the area north of the stream valley, prepared by Devereaux and Associates and shown on Sheet 4 in the GDP /PSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings shall generally conform with the character and quality of these illustrative elevations, but the Applicant reserves the right to modify these elevations and add architectural ornamentation based on final architectural design and BAR approval. The building materials of all facades shall be predominately brick, stone or materials satisfactory to the BAR. All chimneys shall be constructed of brick or stone. The design of the building and site shall be executed in a manner that will result in development of high quality. b. The building elevations for the area south of the stream valley, prepared by Devereaux and Associates and shown on Sheet 4 in the South Property GDP /PSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings shall generally conform with the character and quality of these illustrative elevations, but the Applicant reserves the right to modify these elevations and add architectural ornamentation based on final architectural design and BAR approval. The building materials of all front facades and all other facades visible from Judicial Drive shall be predominantly brick, stone or materials satisfactory to the BAR. Other facades may be constructed with a combination of brick, stone, or hardiplank siding provided the lowest floor elevations are brick or stone. A minimum of six chimneys shall be provided on side facades in visible locations. All chimneys shall be constructed of brick or stone. The design of the building and site shall be executed in a manner that will result in development of high quality. 9. No changes. 10. No changes. 11. No changes. 12. STREAM VALLEY DEDICATION. If requested by the City prior to site plan approval, the Applicant shall dedicate to the City in fee simple approximately three (3) acres of open space located along the stream valley for public park use. In this event, the Applicant shall at the time of dedication contribute $75,000 to the City for implementation of the stream rehabilitation plan and another $20,000 to the City for construction of the trail. If the City elects not to request dedication of the stream valley, the Applicant shall maintain the stream valley as an open space amenity for the enjoyment of the residents on the Property. To that end, the Applicant shall implement the findings of the stream rehabilitation plan prior to final bond release. In addition, the Applicant shall construct an eight (8) foot wide crushed stone or asphalt trail, as may be approved by the City, from Judicial Drive through the stream valley to the western property line to align with an existing trail easement located on the adjacent Fairfax Nursing Home, Inc. property. In an effort to minimize disturbance to existing quality trees, the exact location of the trail shall be determined in the field with the City Staff Arborist. Construction of this trail shall occur with development of the South Property. A public access easement shall be recorded over the trail. The Applicant shall install signage at the trail's intersection with the Judicial Drive sidewalk directing trail users how to connect with the existing trail on the east side of Judicial Drive. The HOA shall be responsible for the maintenance of the stream, trail and surrounding stream valley. 13. MANASSAS GAP RAILROAD BED CONSERVATION AND HISTORIC MARKER. The Applicant shall provide for the protection of a portion of the Manassas Gap Railroad Bed located in the southeastern corner of the Property, as shown on the GDP /PSP. This portion of the railroad bed shall be left generally in an undisturbed state with minor clearing of dead or dying vegetation and harmful underbrush permitted. The Applicant shall design and install an MOM historic marker or plaque in acknowledgement of the Manassas Gap Railroad bed located on the Property and elsewhere in the City. The Applicant shall consult with the City's Director of Historic Resources and the Historic Fairfax City Inc. in the design and placement of the marker. Installation shall occur prior to final bond release for the South Property. 14. No changes. 15. COMMUNICATIONS TECHNOLOGY. The Applicant shall, as a standard feature, provide all homes on the Property with wiring having the capacity to access high speed Internet connections. As an option, the Applicant shall make available to purchasers on an optional basis a wide array of upgrade options. Such upgrade features shall be displayed in the model units /sales offices. 16. No changes. 17. HOMEOWNERS ASSOCIATIONS. The Applicant shall form one or more Homeowners Associations (HOAs) for the Property and the South Property. The HOAs 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, private accessway /parking lot maintenance, stormwater management facilities maintenance, and common area maintenance. 18. RESTRICTIVE COVENANTS. Restrictive covenants for the Property shall include, but not be limited to, the following: a. No changes. b. No changes. c. Deleted. d. No changes. 19. TREE PRESERVATION. Subject to further evaluation by the Applicant and Zoning Administrator during site plan review, the Applicant shall define limits of clearing and grading and provide tree preser1 ation in general conformance to that shown on the GDP /PSP and the South property GDP /PSP. 20. TRANSPORTATION MANAGEMENT. The use of mass transit and ride - sharing shall be encouraged to reduce single occupancy vehicular traffic from the Property. The Applicant and subsequent HOAs shall provide homeowners with information on bus service and Metro connections serving the Property, as well as ride - sharing opportunities. The information shall be kept current and posted on the Property to encourage bus, transit and ride sharing usage. 21. No changes. 22. No changes. The motion to adopt the resolution was approved on July 13, 2010. : _SAN Mayor Attest: Ai/ er -/' Age City Clerk The vote on the motion to approve was recorded as follows: VOTE: Councilwoman Cross Aye Councilman Drummond Absent Councilman Greenfield Aye Councilman Meyer Aye Councilwoman Schmidt Aye Councilman Stombres Aye JAGUAR DEVELOPMENT, L.C. PROFFERED CONDITIONS Z- 789 -01 -1 February 4322, 2005 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, Jaguar Development, L.G. ( "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- 789 -01 -1 filed by Jaguar Development, L.C., as amended, and shown on City of Fairfax Tax Map 57 -1 ((2)) 119, 120, 121; 57 -1 ((20)) 1, 2, 7; 57 -3 ((2)) 5; 57 -3 ((3)) 3 -6 and rights of way associated with Yorktown Drive (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 PD(p) (Planned Development with proffers) District in accordance with Applicant's General Development Plan/Preliminary Site Plan dated December 12, 2001, as amended through February 15, 2005, showing 154 residential units, of which 36 are piazza homes in the northern potion of the Property and 118 are multi - family dwellings in the southern portion of the Property. The proffered conditions are: 1. 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) dated December 12, 2001, as amended through February 15, 2005, prepared by Dewberry & Davis LLC. 2. ROAD DEDICATION. At the time of final site plan approval, the Applicant shall dedicate right -of -way along the Property's Main Street and Judicial Drive frontages as shown on the GDP/PSP, subject to review and approval of Director of Public Works. 3. MAIN STREET IMPROVEMENTS. a. The Applicant shall close the existing median break on Main Street at Yorktown Drive, and reconstruct the median to create a median break and protected left turn Iane into the Property's new access point to Main Street, as shown on the GDP/PSP. Improvements shall include landscaping in the median to City standards. Said improvements shall be in place prior to the issuance of the first Occupancy Permit for the northern portion of the Property. b. The Applicant shall, at the time of site plan approval, contribute to the City the amount of $20,000 for the construction of pedestrian crosswalks and/or pedestrian signals at the intersection of Main Street and Judicial Drive, or elsewhere in close proximity to the Property. c. At the time of site plan approval, the Applicant shall escrow with the City, the amount of $50,000 to be utilized for installation of a future traffic signal at the Main Street/Keith Avenue intersection. If after five (5) years the signal has not been installed, Jaguar Development, L.C. Z 789 -01 -1 Page 2 the monies shall be dedicated to historic preservation cffortsother transportation improvements in the City. 4. UNDERGROUNDING OF UTILITIES. The Applicant, at its sole expense which is preliminarily estimated to be $700,000, shall place the existing overhead utilities along the Property's Main Street and Judicial Drive frontages underground prior to bond release. 5. LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheets 2 and 6 of the GDP/PSP subject to Board ofArchitectural Review (BAR) approval. a. The Applicant shall provide a landscaped open space area at its corner of Main Street and Judicial Drive. This area shall include walkways, specialty plantings and benches as illustrated on Sheet 6 of the GDP/PSP, subject to BAR approval. This open space area shall be owned and maintained by the Homeowners Association to be established for the northern section on the Property. b. The Applicant shall, at its sole expense, provide streetscaping along Main Street and Judicial Drive as generally shown on the CDP/PSP. As a part of the streetscape, the Applicant shall construct six (6) foot wide sidewalks and install gas street lighting. However, the Applicant reserves the right to modify the streetscape design at the time of site plan processing as may be necessitated by final engineering and utility relocation, and as may be approved by the Department of Public Works. 6. BUS SHELTER. The Applicant shall provide an easement to the City for a bus shelter along the Property's frontage on Judicial Drive near the site access to the multi - family section. Said easement is to be recorded prior to site plan approval. In addition, at the time of site plan approval, the Applicant shall contribute $14,000 to the City for future installation of a bus shelter by others either on Judicial Drive or Main Street. 7. PRIVATE ACCESSWAYS. a. The Applicant shall construct at its sole expense private accessways, with pavement widths as shown on the GDP/PSP. All private accessways 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 accessways and adjacent sidewalks. b. The private accessways serving the Property shall include an entry apron at their intersections with Main Street and Judicial Drive constructed of textured pavers or Jaguar Development, L.C. Z 789 -01 -1 Page 3 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. c. The Applicant shall provide an emergency access to Judicial Drive from the northern portion of the Property as shown on the GDP/PSP. This emergency access shall have a mountable curb, be constructed of grasscrete, titter rings or other similar materials, and have a gate or chain with a master lock. d. The private accessways shall be maintained by the Homeowners' Association and Condominium Association. 8. ARCHITECTURAL DESIGN. The building elevations prepared by Devereaux and Associates attached as Sheet 4 in the GDP/PSP package are provided to illustrate the architectural theme and design intent of the building. The architectural design of the proposed building shall generally conform with the character and quality of these illustrative elevations, but the Applicant reserves the right to modify these elevations and add architectural ornamentation based on final architectural design and Board of Architectural Review approval. The building materials of all facades shall be predominately brick, stone or materials satisfactory to the Board of Architectural Review ( "BAR "). All chimneys shall be constructed of brick or stone. The design of the building and site shall be executed in a manner that will result in development of high quality. The multi- family buildings shall be designed to meet the accessibility requirements of the Fair Housing Act. Condominium units willshall be one level hv= = elevator served, with lower level garage parking and will-have-security systems in place at the building entrances. All condominium dwelling units will provide accessible door widths and hallways to allow passage for people with disabilities. Units will provide electrical outlets, Ight switches, thermostats, and other environmental controls in accessible locations. Units will contain reinforced bathroom walls for installation of grab bars. The multi- family buildings shall be constructed with poured concrete or poured concrete and steel floor systems to help mitigate the transmission of interior noise between floors. 9. STORMWATER MANAGEMENT. The Applicant shall construct underground stormwater detention facilities as generally shown on the GDP/PSP. Design of the proposed facilities shall be subject to the review and approval of the Director of Public Works prior to site plan approval. The proposed facilities will be owned and maintained by the Applicant or successors /assigns. Said maintenance shall include an annual inspection by a qualified engineer to determine the need for additional maintenance. The results of the inspection shall be provided to the Department of Public Works. Jaguar Development, L.C. Z 789 -01 -1 Page 4 10. FEMA APPROVAL. The Applicant shall obtain approval from the Federal Emergency Management Agency (FEMA) for the proposed encroachment into the floodplain prior to the approval of the site plan for the Property. 11. STREAM ASSESSMENT AND REHABILITATION. Prior to site plan submission, the Applicant shall provide a stream assessment and rehabilitation plan for the existing stream and RPA corridor on the Property. The intention is to assess the health of the stream and recommend techniques to ensure the adequate functioning and safety of the stream and RPA corridor, as well as improve their aesthetics and long -term health. The Applicant shall implement the recommendations of the approved stream rehabilitation plan shall occur as outlined in Proffer 12. It is understood that implementation of the rehabilitation plan will likely require additional clearing and grading within the RPA corridor. 12. STREAM VALLEY DEDICATION. If requested by the City prior to site plan approval, the Applicant shall dedicate to the City in fee simple approximately three (3) acres of open space located along the stream valley for public park use. In this event, the Applicant shall at the time of dedication contribute $75,000 to the City for implementation of the stream rehabilitation plan and another $20,000 to the City for construction of the trail. If the City elects not to request dedication of the stream valley, the Applicant shall maintain the stream valley as an open pace amenity for the enjoyment of the residents on the Property. To that end, the Applicant shall implement the findings of the stream rehabilitation plan prior to final bond release. In addition, the Applicant shall construct an eight (8) foot wide crushed stone or asphalt trail, as may be approved by the City, from Judicial Drive through the stream valley to the western property line. In an effort to minimize disturbance to existing quality trees, the exact location of the trail shall be determined in the field with the City Staff Arborist. Construction of this trail shall occur with development of the multi - family homes. A public access easement shall be recorded over the trail. The Applicant shall install signage at the trail's intersection with the Judicial Drive sidewalk directing trail users how to connect with the existing trail on the east side of Judicial Drive. The HOA/COA shall be responsible for the maintenance of the stream, trail and surrounding stream valley. 13. MANASSAS GAP RAILROAD BED CONSERVATION AND HISTORIC MARKER. The Applicant shall provide for the protection of a portion of the Manassas Gap Railroad Bed located in the southeastern corner of the Property, as shown on the GDP/PSP. This portion of the railroad bed shall be left generally in an undisturbed state with minor clearing of dead or dying vegetation and harmful underbrush permitted. The Applicant shall design and install an historic marker or plaque in acknowledgement of the Manassas Gap Railroad bed located on the Property and elsewhere in the City. The Applicant shall consult with the City's Director of Historic Resources and the Historic Fairfax City Inc. in the design and placement of the marker. Installation shall occur prior to final bond release for the multi- family units. Jaguar Development, L.C. Z 789 -01 -1 Page 5 14. - e • * ►._ _ • • e • PUBLIC RECREATION CONTRIBUTION. Prior to the f issuance of the first Occupancy Permit for the Property, the Applicant shall contribute $125,000 to the City - - - - - , . • - • - , - for future public recreational aaneni.ties and /or public park land. 15. COMMUNICATIONS TECHNOLOGY. The Applicant shall, as a standard feature, provide all homes on the Property with wiring having the capacity to access high speed Internet connections. As an option, the Applicant shall make available to purchasers on an optional basis a wide array of upgrade options. Such upgrade features shall be displayed in the model units /sales offices. In addition, the Applicant shall provide satellite television connections for multi - family unit owners as an option to cable television. 16. 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 phasing and 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 i. Maintenance of entrances. The Applicant shall take every reasonable step to discourage construction traffic through nearby single - family neighborhood communities. 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., Main Street and Judicial Drive) due to construction traffic. A joint inspection with the Department of Public Works of the condition of such roads will be made prior to the start of construction. The Applicant shall provide a plan for phased construction of the development at the time of site plan approval to include the timetable for public and site improvements and plans for any ancillary facilities such as sales or construction trailers. The Applicant shall identify a person who shall serve as 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 whose property abuts the site, and to the Jaguar Development, L.C. Z 789 -01 -1 Page 6 Zoning Administrator. The telephone number of this individual shall be posted at the entrance of the community. The Applicant shall provide a plan for temporary pedestrian and vehicular circulation during construction. This plan shall identify temporary sidewalks and any other feature necessary to ensure safe pedestrian and vehicular travel around the site during construction. The plan shall be provided to the Department of Public Works prior to site plan approval for each phase of development. 17. HOMEOWNERS /CONDOMINIUM ASSOCIATION. The Applicant shall form a Homeowners Association (HOA) for the piazza home portion of the Property and a Condominium Owners Association (COA) for the multi - family portion of the property. The HOA and COA 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, private accessway /parking lot maintenance, stormwater management facilities maintenance, common area maintenance, and for the multi - family portion trash and recycling collection. 18. 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 accessory structures, decks and fences. 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 aggregate number of vehicles which may be parked or stored on the common elements of the condominium portion by the occupants of any multi - family dwelling unit shall not exceed two (2). d. Outside storage or parking of recreational vehicles on the Property shall be prohibited both on individual lots and elsewhere on the Property. 19. TREE PRESERVATION. Subject to further evaluation by the Applicant and Zoning Administrator during site plan review, the Applicant shall define limits of clearing and grading and provide tree preservation in general conformance to that shown on the • Jaguar Development, L.C. Z 789 -01 -1 Page 7 GDP/PSP. If during site plan review, it is determined that saving trees in the island at the front of the multi - family building entrance is not feasible or that trees are not likely to thrive, or are of poor quality as determined by the City Staff Arborist, the Applicant shall provide a landscape design for this area utilizing replacement nursery stock, 3 1/2 inch caliper in size and of a type approved by the City Staff Arborist. 20. TRANSPORTATION MANAGEMENT. The use of mass transit and ride- sharing shall be encouraged to reduce single occupancy vehicular traffic from the Property. The Applicant and subsequent COA and HOA shall provide homeowners with information on bus service and Metro connections serving the Property, as well as ride - sharing opportunities. The information shall be kept current and posted on the Property to encourage bus, transit and ride sharing usage. 21. 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. 22. 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 ON NEXT PAGE] J:UAGUAR12463.8 'proffers\proffers 8 black.doc Jaguar Development, L.C. Z 783 -99 -1 Applicant/Contract Purchaser JAGUAR DEVELOPMENT, L.C. By: Edmea Cettina Its: MAIM ( (14i 6 SIGNATURES CONTINUE ON NEXT PAGE Jaguar Development, L.C. Z 783 -99 -1 Title Owner FISH CONSTRUCTION CO., INC. c ./ y: : Emi • Its: pirE-.5 (65* / [SIGNATURES END] JUL 0 8 2010 RATCLIFFE HALL, L.L.C. PROFFERED CONDITIONS PCA 789-01-1 June 8, 2010 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, Ratcliffe Hall, L.L.C. ("Applicant"), and its successors and assigns agree that the development of the property that is the subject of the an application for Proffered Condition Amendment Z-789-01-1 filed by Ratcliffe Hall, L.L.C., as amended, and shown on City of Fairfax Tax Map 57-3 ((3)) A2 (the "South Property"), will be in accordance with the existing Proffered Conditions accepted pursuant to Zoning Map Amendment Z- 789-01-1 dated February 22, 2005 except as amended below. [MODIFIED AS FOLLOWS} 1. 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) dated December 12, 2001, as amended through February 15, 2005, prepared by Dewberry & Davis LLC. The general character of the development of the South Property shall be in substantial conformance with the GDP/PSP dated July 9, 2009 as amended through June 8, 2010, prepared by Dewberry & Davis LLC (the "South Property GDP/PSP"). 2. No changes. 3. No changes. 4. No changes. 5. LANDSCAPING. The Applicant shall, at its sole expense, provide landscaping in substantial accordance with Sheets 2 and 6 of the GDP/PSP subject to Board of Architectural Review (BAR) approval, however, landscaping of the South Property shall be in substantial conformance with Sheets 3 and 6 of the South Property GDP/PSP subject to BAR approval. a. No changes. b. No changes. c. The Applicant shall provide a gazebo or garden structure and a children's play area on the South Property as shown on Sheets 3 and 6 of the South Property GDP/PSP. These amenities shall be owned and maintained by the Homeowners Association to be established for the South Property. Ratcliffe Hall L.L.C. PCA 789 -01 -1 Page 2 6. No changes. 7. PRIVATE ACCESSWAYS. a. No changes. b. No changes. c. No changes. d. The private accessways shall be maintained by the Homeowners Association. e. Locations for the staging of trash collection along the private accessways shall be shown on the final site plan. 8. ARCHITECTURAL DESIGN. a. The building elevations for the area north of the stream valley, prepared by Devereaux and Associates and shown on Sheet 4 in the GDP/PSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings shall generally conform with the character and quality of these illustrative elevations, but the Applicant reserves the right to modify these elevations and add architectural ornamentation based on final architectural design and BAR approval. The building materials of all facades shall be predominately brick, stone or materials satisfactory to the BAR. All chimneys shall be constructed of brick or stone. The design of the building and site shall be executed in a manner that will result in development of high quality. b. The building elevations for the area south of the stream valley, prepared by Devereaux and Associates and shown on Sheet 4 in the South Property GDP/PSP, are provided to illustrate the architectural theme and design intent of the buildings. The architectural design of the proposed buildings shall generally conform with the character and quality of these illustrative elevations, but the Applicant reserves the right to modify these elevations and add architectural ornamentation based on final architectural design and BAR approval. The building materials of all front facades and all other facades visible from Judicial Drive shall be predominantly brick, stone or materials satisfactory to the BAR. Other facades may be constructed with a combination of brick, stone, or hardi- plank siding provided the lowest floor elevations are brick or stone. A minimum of six chimneys shall be provided on side facades in visible locations. All chimneys shall be Ratcliffe Hall L.L.C. PCA 789 -01 -1 Page 3 constructed of brick or stone. The design of the building and site shall be executed in a manner that will result in development of high quality. 9. No changes. 10. No changes. 11. No changes. 12. STREAM VALLEY DEDICATION. If requested by the City prior to site plan approval, the Applicant shall dedicate to the City in fee simple approximately three (3) acres of open space located along the stream valley for public park use In this event, the Applicant shall at the time of dedication contribute $75,000 to the City for implementation of the stream rehabilitation plan and another $20,000 to the City for construction of the trail. If the City elects not to request dedication of the stream valley, the Applicant shall maintain the stream valley as an open space amenity for the enjoyment of the residents on the Property. To that end, the Applicant shall implement the findings of the stream rehabilitation plan prior to final bond release. In addition, the Applicant shall construct an eight (8) foot wide crushed stone or asphalt trail, as may be approved by the City, from Judicial Drive through the stream valley to the western property line to align with an existing trail easement located on the adjacent Fairfax Nursing Home, Inc, property. In an effort to minimize disturbance to existing quality trees, the exact location of the trail shall be determined in the field with the City Staff Arborist. Construction of this trail shall occur with development of the South Property. A public access easement shall be recorded over the trail. The Applicant shall install signage at the trail's intersection with the Judicial Drive sidewalk directing trail users how to connect with the existing trail on the east side of Judicial Drive. The HOA shall be responsible for the maintenance of the stream, trail and surrounding stream valley. 13. MANASSAS GAP RAILROAD BED CONSERVATION AND HISTORIC MARKER. The Applicant shall provide for the protection ofa portion of the Manassas Gap Railroad Bed located in the southeastern corner of the Property, as shown on the GDP /PSP. This portion of the railroad bed shall be left generally in an undisturbed state with minor clearing of dead or dying vegetation and harmful underbrush permitted. The Applicant shall design and install an historic marker or plaque in acknowledgement of the Manassas Gap Railroad bed located on the Property and elsewhere in the City. The Applicant shall consult with the City's Director of Historic Resources and the Historic Fairfax City Inc. in the design and placement of the marker. Installation shall occur prior to final bond release for the South Property. Ratcliffe Hall L.L.C. PCA 789 -01 -1 Page 4 14. No changes. 15. COMMUNICATIONS TECHNOLOGY. The Applicant shall, as a standard feature, provide all homes on the Property with wiring having the capacity to access high speed Internet connections. As an option, the Applicant shall make available to purchasers on an optional basis a wide array of upgrade options. Such upgrade features shall be displayed in the model units /sales offices. 16. No changes. 17. HOMEOWNERS ASSOCIATIONS. The Applicant shall form one or more Homeowners Associations (HOAs) for the Property and the South Property. The HOAs 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, private accessway /parking lot maintenance, stormwater management facilities maintenance, and common area maintenance. 18. RESTRICTIVE COVENANTS. Restrictive covenants for the Property shall include, but not be limited to, the following: a. No changes. b. No changes. c. Deleted. d. No changes. 19. TREE PRESERVATION. Subject to further evaluation by the Applicant and Zoning Administrator during site plan review, the Applicant shall define limits of clearing and grading and provide tree presentation in general conformance to that shown on the GDP /PSP and the South property GDP/PSP. 20. TRANSPORTATION MANAGEMENT. The use ofmass transit and ride- sharing shall be encouraged to reduce single occupancy vehicular traffic from the Property. The Applicant and subsequent HOAs shall provide homeowners with information on bus service and Metro connections serving the Property, as well as ride - sharing opportunities. The Ratcliffe Hall L.L.C. PCA 789-01-1 Page 5 information shall be kept current and posted on the Property to encourage bus, transit and ride sharing usage. 21. No changes. 22. No changes. [SIGNATURE ON NEXT PAGE] Ratcliffe Hall, L.L.C. PCA 783-99-1 Contract Purchaser NEIGHBORHOOD V11, LLC Al. Ste en B. Alli President SIGNATURES CONTINUE ON NEXT PAGE Ratcliffe Hall, L.L.C. PCA 783 -99 -1 Applicant/Title Owner RATCLIFFE HALL, L.L.C. / l i eize,te By: Edrnea Cettina Its: Manager SIGNATURES END , L , © Ciiy of Fairfax 1973 C'Ztl of Fairfax 10455 Armstrong Street ✓ ✓✓ Fairfax, Virginia 22030 -3630 August 30, 2010 Mr. Martin D. Walsh Walsh Colucci Lubeley Emrich & Walsh, P.C. 2200 Clarendon Boulevard, 13 Floor Arlington, Virginia 22201 Re: Proffered Condition Amendment Z (PA)- 09070009 Special Exception SE- 09070010 Variance V- 09070012 Dear Mr. Walsh: The Fairfax City Council, at its regular meeting of July 13, 2010, adopted the attached ordinance to approve the application of Ratcliffe Hall, L.L.C., by Martin D. Walsh, Attorney -in -Fact, and Elizabeth Baker, Agent, for Proffered Condition Amendment Z(PA) — 09070009 and variances to permit less than 20 feet around the exterior walls of all structures and to waive the requirement that a minimum of 200 square feet of commercial gross floor area be provided for each dwelling unit, to modify the design and dwelling unit type of phase II of a development proposal previously approved in a PD(p) Planned Development District and in the Old Town Fairfax Transition Overlay District subject to the proffer statement revised through June 8, 2010 and the General Development Plan/Preliminary Site Plan revised through June 8, 2010 on the premises located along Judicial Drive between Page Avenue and Main Street and more particularly described as tax map parcel 57- 3- 03 -A2. The Fairfax City Council also approved the application of Ratcliffe Hall, L.L.C., by Martin D. Walsh, Attorney -in -Fact, and Elizabeth Baker, Agent, for Variance V- 09070012 from the requirements of the subdivision ordinance to permit private accessways 24 feet in width where a minimum of 30 feet is required and to permit dead -end streets to be designed with turnabouts having a minimum radius to the vertical curb face of less than 40 feet as shown on the preliminary site plan and allow private streets to exceed a length of 600 feet within a development proposal previously approved in a PD(p) Planned Development District and in the Old Town Fairfax Transition Overlay District subject to the proffer statement revised through June 8, 2010 and the General Development Plan/Preliminary Site Plan revised through June 8, 2010 on the premises located along Judicial Drive between Page Avenue and Main Street and more particularly described as tax map parcel 57 -3 -03- o e o f , 4a + A2. . Printed on recycled paper 4 9 ' Cro‘tvo The Fairfax City Council also adopted a resolution to approve the application of Ratcliffe Hall, L.L.C., by Martin D. Walsh, Attorney -in -Fact, and Elizabeth Baker, Agent, for Special Exception SE- 09070010 to encroach into the 100 -foot Resource Protection Area RP and to permit a minimum rear yard of less than 25 feet and screening less than that r g nt, shown on the preliminary site plan and located in a PD (p) Planned Development District and in proffer statement revis (RPA) as the Old Town Fairfax Transition Overlay District subject to the roffer eq uivis ed d through June 8, 2010 and the General Development Plan/Preliminary Site Plan revi through June 8, 2010 on the premises located along Judicial Drive between Pa e Ave sue and Main Street and more particularly described as tax map g nue p parcel 5 7- 3- 03 -A2. Sincerely, Melanie R. Burrell City Clerk Cc: David Hudson, Director, Community Development and Planning Jack Blevins, Community Development Division Chief MRB /ds