2013-14 ORDINANCE NO. 2013-14
AN
ORDINANCE TO AMEND THE ZONING MAP OF THE
TO P D OF FAI FAX,,
VIRGINIA TO RECLASSIFY FROM R-2, RESIDENTIAL
DEVELOPMENT (WITH PROFFERS) THE PROPERTY IDENTIFIE
STRE D AND 1 AND
3603 JERMANTOWN ROAD AND 10823 AND 10825
PARTICULARLY DESCRIBED AS TAX MAP 47-3-2: 006, 007, 007A, AND 17-3-06-
002.
Agent, submitted application No. Z-
12060114 Christopher Land LLC, by E. John Regan, A g
12060114 requesting a change in the zoning classification ro identified 2, Residential idential to m re
P-D(p), Planned Development(with proffers), for parcels
specifically described as follows:
Beginning at a point lying on the southeasterly right of way line of Jermantown
Road - Route #655 (width varies), said point marking a corner of the property,
181 ;
of the Board of Supervisors of Fairfax County, Virginia said D.B.southeasterly, P 1 righ);
thence leaving said point and running with a p courses and distances:
of wa y line of Jermantown Road the following six (6)
1. North 25°21'51" East, 65.27 feet to a point;thence
2. South 64°56'34" East, 8.00 feet to a
feet to point;
a point; thence
3. North 26°12'11" East, 101.99
South 64°55'26" East, 22.46 feet to a point; thence
5. North 24°10'30" East, 122.65 feet to a point;
thence
6. 39.66 feet along the arc of the tangent curve to the right having a
radius of 25.00 feet and a chord bearing and distance of North
69°37'32" East, 35.63 feet to an iron pipe (found) marking the
intersection of southwesterly right of way line of Carol S reet (50'
wide) and the aforesaid southeasterly right of way line
Jermantown Road; thence leaving said intersection and running
with a portion of said southwesterly right of way line of Carol
Street (found) markig
7. South 64°55'26" East, of Lot 4 tSec Section 2 pipe
Heights (DAB.r the northwesterly corne
1020, Pg. 141); thence leaving the aforesaid southwesterly righ of
way line of Carol Street and running with a portion of the west Irly
line of said Section 2 —Bruin Heights,the following two (2)
courses and distanbces:
8. South 21°42'31" West, 148.28 feet to an iron pipe (found); thcn
9. South 19°54'57" West, 293.03 feet to an iron pipe (found) lying)
the northerly line of the aforesaid property of the Board of running
Supervisors of Fairfax County (D.B. 425, Pg. 181);
with a portion of said northerly line
10.North 50°29'38" West, OOf.00 or 3 87174 acres of land; and
containing 168,653 square
WHEREAS,the City Council has carefully considered the application, the proposed proffers,
the recommendation of the Planning Commission, the recommendation of staff, and the
testimony received at public hearing; and
WHEREAS, the City Council has determined that the proposed
n rezoning nii proset farad in
accordance with the Comprehensive Plan as well as with pertinent
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-2, Residential to P-D(p), Planned Development (with proffers);
BE IT FURTHER ORDAINED, that the above described property be Cit subjecto the
h proffered
following reasonable conditions authorized by City Code Section 110-7, whic
by the property owners:
1. GENERAL DEVELOPMENT PLAN substantial
The general character of the development of the Property shall be
in(GDP/PSP),
conformance with the General Development as Plan/Preliminary
evised through May 14, 2013, pjrepared
entitled"Avery Park" dated June
by Charles P. Johnson& Associates, Inc.
2. LANDSCAPING
ert in
a. The Applicant
reserves the right to install an entry feature on the Pr per y in
proximity to its access points on Carol Street. Said features may include
walls and/or fencing in addition to landscaping.
3. TREE PRESERVATION.
pp
a.
rm
The Applicant shall take necessary steps and actions to
den ensure the o trees 5
survival, and continuing structural integrity and health of sh
through 7 of 9 of the GDP/PSP to be preserved both on site landscape and
t e ones s hotted as Ann Street. The off part of the subdivision/site p
site in the outfall area from lan e site shall to
conform to the GDP/PSP. Minor mo ifications
be permitted to the extent that these do not change the designation of ndividual
may p impacts to the areas outside the
trees to be preserved or result in significant physical
limits of clearing and grading shown on the GDP/PSP.
Applicant shall retain the services
b. Prior to subdivision/site plan submission t of the
o ed site grading on the trees to be
g g
of a certified arborist to review the imp proposed preserved and on nearby off-site trees that may be impacted by site development. The
eent. The
certified arborist shall prepare a Tree Management Plan nch specifying
if ing p�uni ry root
practices to be used to maximize chances of tree survival,,
p g, ide
runin mulching, fertilization and others as necessary da and d ntifyin necessary g any trees
sett that
in the arborist's professional judgment would become
should be removed. The Tree Management Plan shall be incorporated into the
an
subdivision/site plan for review and approval.
c. All trees designated to be preserved shall be p rotected by t protection
gauge tre
e protection
wire
fencing. Tree protection fencing shall consist of 4-foot high,
14
the ge ne and wire
attached to six (6) foot steel posts driven eighteen (18)
rotection fencing shall, be installed
be shown on the subdivision/site plan. All tree protection protection
prior to any site clearing and grading activities. The f a certified d arborist or pandscape
fencing shall be performed under the supervision of
and accomplished in a manner that does not harm existing vegetation.
the trees will be inspected by the
d. At the time of bond release for each section,Applicant. Should any existing
City and the certified arborist retained by the App
individual tree shown for preservation not survive due to the impact of construction,
the Applicant shall replace such trees as follows:
inches in caliper failing to survive, one (1
• Foratreeupto five (5) � ) tree with a
in
caliper of not less than three and a half(31/2) inches shall be provided;
• For a tree between five (5)
and no less than sixteen (16) inches in caliper failing to
survive, two (2) trees with a caliper of not less than three and a half(31/2) inches shall
be provided;
• For a tree with a caliper of sixteen (16) inches or greater failing to survive, three
O 3 trees with a caliper of not less than three and a half(31/2) inches shall be provided;
• cement trees shall be the same species of the failing tree except
In general,the replacement
that the Applicant may substitute trees of different species with the advice and consent
of the Department of Community Development and Planning.
4. HOMEOWNERS' ASSOCIATION
Applicant shall form a Homeowners' Association (HOA) for the Pro erty.
a.
The App t lot,
shall be responsible for maintenance of the adjacent ents,
The HOA s quality
the HOA. Further, the HOA shall be responsible or the
stormwater management facilities and water q pros ective
and the open space owned by The Applicant shall notify all p
enforcement of restrictions on the Property. in writing at the time of settle ent of
purchasers in sales literature and purchasers
and restrictions. Maintenanc onsbmol s shall ll
these maintenance responsibilities
include, but not be limited to,of HOA fac�lities.ravel aisle maintenance,
common areas and the up keep
5. PRIVATE STREETS i public ingres -egress
Plat recording, the Applicant shall grant a p
At the time of Record private streets to permit access or trash
easement to the City of Fairfax °VVehicles
ccollection, recycling and emergency vehicles.
6. RESTRICTIVE COVENANTS t be limite to, the
shall include, but no
Restrictive covenants for the Property I
following:
a. No person will be allowed to construct an a exterior I 1 by the
decks and fences) without the by larcitectural uidelines
improvements (including which shall be guided Homeowners Association,
established by the Applicant, review and approval of Community Develo ment and
p
Planning and receipt of necessary building permits.
parking of vehicles within
b. Conversion of garages that will preclude the p of vei the use in
prohibited in the development. (This shall not preclude the garage will be p marketing of the development,
garages as sales offices in the
les offices hwill bee converted back to garages upon sale of
with the understanding the s
the models.)
ance of the private streets, the stormwater deT s located water
c. The maintenance featur
facilities, walkways, retaining walls and other landscaping
p
common open
space including the tot lot will be the resp nnsibill lity of he Thirteen (1 O lots.in
otn
perpetuity, and said maintenance adequate liability insubrancerto
ed as protect against legal claims that
The HOA shall obtain adequ 1
may
arise from the maintenance of these facilities. Itunderstood of tha system ques t
the C t
shall be made to have the private streets taken into t Y
d. Outside storage of recreational vehicles the Property shall be
prohibited both on individual lots and elsewhere on the Property.
7. ARCHITECTURAL DESIGN
The Single-Family detached houses shall have façades forty-six
46 pgaude of brick, stone,any
cementitious siding, vinyl siding with o S minimum 6 shall have(brick or stone Fronts and
combination of these materials
brick or stone Right Sides. Lots 5 and 13 shall brick or stone Fronts and brick or stone
Left Sides. The required brick or stone facades hawindows andt0orna�ent t on tend
appurtenances such as bay windows, dormer
detailing in other materials.
The architectural design shall generally conform with the character and quality of the
illustrative rendering depicted on sheet 9 of 9 of the GDP/PSP and the architectural
renderings prepared by Devereaux & Associates,Inc. The Applicant reserves the right
to modify final architectural design subject to City of Fairfax Department of
Community Development & Planning approval.
8. JERMANTOWN ROAD IMPROVEMENTS
a. Acorn lighting shall be installed along Jermantown Road.
b. The Applicant shall be responsible for the engineering and cost of insthlling a
city standard bus stop near the intersection of Jermantown and Carol Street.
c. Street Trees shall be installed along Jermantown Road.
9. UNDERGROUNDING UTILITIES
Subject to approval by City Council, the applicant shall underground the utilities on its
property frontage along Jermantown Road. It is understood and agreed that if 0. utility
pole is required to support a pole on the Northern side of Jermantown Road, then that
pole shall remain. All above ground utilities shall remain above ground oil Carol
Street. All other utilities that service the proposed project shall be underground)
10. 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 his desi4nee 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;
i. Maintenance of entrances, and
j. Any provisions necessary to allow the current owners of 3601 Jermantown
Road to stay in the house until a new house within the subdivision is reidy.
The Applicant shall take every reasonable step to discourage traffic through nearby
single-family neighborhood communities. The Applicant shall post signs that the
construction traffic be routed all construction traffic to the site via Jermantown Road
and the very northern section of Carol Street.
The Applicant shall ban its employees and employees of contract6rs and
subcontractors working on the site from parking on the north section of Car 61 Street
and on other nearby City streets. The Applicant shall install signs to that effect if
requested by the City's representative.
The Applicant shall provide a plan for phased construction of the development one (1)
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.
The Applicant shall provide cash, bond, letter of credit in the amount of Twenty
Thousand Dollars ($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. At the conclusion of
construction, a joint inspection with the DPW of the condition of such roads, and if
there has been no damage due to construction traffic, said bond or letter of credit shall
be released to the Applicant forthwith.
The 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 the
site, and to the City of Fairfax's Department of Community Development & Planing.
Construction activity shall be limited form 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.
11. GREEN BUILDING DESIGN
The Applicant shall design and construct the homes on the property to conform',with a
known "Green Building Standard" such as the NAHB "National Green Building
Standard" or "Earthcraft Homes of Virginia" program. Conformance shall be certified
by a third party as selected by the applicant.
12. UNIVERSAL DESIGN
All of the new homes on the property shall have the following universal design
elements incorporated into their construction, in conformance with as many of the
standards of the "Easy Living Homes of Virginia" program as practically possible.
The universal design elements shall include the following:
a. 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 sided of the
house.
b. Interior doors along the accessible route on the ground floor shall be a
minimum of thirty-two (32) inches wide, with easy-open hardware.
c. Minimum thirty-six (36) inch wide level route through the ground floor,except
at doorways.
d. Ground floor bathroom walls reinforced to provide for the possibility of each
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. NOISE STUDY
Prior to second submission of the final site plan, the Applicant shall submit noise
study to the Department of Community Development and Planning which shall
include noise levels from I-66 and Jermantown Road to determine what, if any noise
attenuation measures may be needed. Based on the findings of that report, the
Applicant shall identify units on the site plan that are anticipated to be impacted by
noise greater than 65 dBA Ldn in the rear yards and shall provide noise attenuation
measures designed to reduce interior noise of those identified noise impacted units to a
level of approximately 45 dBA Ldn.
14. JERMANTOWN ROAD DEDICATION
The Applicant shall dedicate land along Jermantown Road for future improvement on
Jermantown Road. The area is shown on the GDP/PSP.
15. SUCCESSORS AND ASSIGNS
The 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.
16. SCHOOL CONTRIBUTION
In recognition of the property's close proximity to Providence Elementary School, and
likelihood that some of the residents of the new community planned for the property
will attend Providence, applicant agrees to work with the City of Fairfax chool
Board, City Superintendant of Schools, and the Providence Elementary chool
principal to determine school needs that may be met by the applicant. The ap licant
will provide in-kind funding in amount not to exceed Two Thousand Five H ndred
Dollars ($2,500) for each newly approved dwelling unit to meet the agree upon
needs, prior to the issuance of the first residential use permit for the property.
17. PARKS AND RECREATION i
In recognition of the potential demand placed on recreational spaces in close
proximity of the property by its future residents, the applicant agrees to work 'th the
City's Director of Parks and Recreation to determine recreational needs that ay be
met by the applicant.
These needs shall be identified to exist at Fairchester Woods Park, or Kutner 'ark or
Cobbdale Park or to fund the installation of the tot lot shown on the GDP/PSP.
At the time of subdivision plan review, the Applicant shall demonstrate that th- value
of any proposed recreational amenities is equivalent to a minimum of One Thousand
Seven Hundred Dollars ($1,700) per dwelling unit. In the event it is demonstrat:d that
the proposed tot lot does not have sufficient value, the Applicant shall contribute funds
or provide in-kind funding in the amount needed to achieve the overall proffered
amount to meet the agreed upon needs. This proffer needs to be satisfied prior to the
issuance of the first residential use permit for the property.
18. STORMWATER MANAGEMENT
Stormwater management shall be designed in accordance with 4VAC50-60-62
through 4VAC50-60-92.
19. TIMING OF DEMOLITION OF 3601 JERMANTOWN ROAD
Prior to issuance of the tenth building permit, the existing house at 3601 Jermantown
Road shall be demolished.
BE IT FURTHER ORDAINED, that the above conditions, application package and g neral
pp g
development plan/preliminary site plan be approved, and that the following varianes be
granted:
• from City Code § 110-634 (2) to reduce the minimum required open space setb ck of
at least 20 feet around the external walls of any structure to 15 feet in the fron yard
for the main house and as shown for accessory structures; and
• from City Code § 110-634 (5) to waive the requirement that a minimum of 200 square
feet of commercial gross floor area be provided for each dwelling in the jD(p)
District.
The Zoning Administrator of the City is hereby directed to modify the Zoning Map to(show
Y g p
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 oif 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.
PUBLIC HEARING: May 28, 2013 i
ENACTED: May 28, 2013 e„....--'
/e . yi...40:_..7— brat.4.4.." 4.311_44.4_,,..
Mayor
5--/ s/i3
Date
ATTEST:
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye'
it
ICI
RECEIV D
MAY 1 4 2013
Dept
PROFFERED CONDITIONS •of Comm null
Development&PI nntng
Christopher Land L.L.C.
Z-12060114
Avery Park
As Revised on May 14, 2013
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, Christopher Land L. L. .
("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-12060114 filed by the Applicant, =s
amended, and shown on City of Fairfax Tax Map Parcels 47-3-02-6, 47-3-02-7, 47-3-02-7A, a d
47-3-06-2 containing 3.872 acres (collectively, the "Property"), will be in accordance with ti e
following Proffered Conditions if the Zoning Map Amendment is granted and the Property is
rezoned to the PD District in accordance with Applicant's General Developme t
Plan/Preliminary Site Plan (GDP/PSP), dated June 21, 2012, as revised through May 14, 2013,
showing Thirteen (13) residential units. The proffered conditions are:
1. GENERAL DEVELOPMENT PLAN
The general character of the development of the Property shall be in substanfal
conformance with the General Development Plan/Preliminary Site Plan (GDP/PS'),
entitled "Avery Park" dated June 21, 2012, as revised through May 14, 2013, prepared m
Charles P. Johnson & Associates, Inc.
2. LANDSCAPING
a. The Applicant reserves the right to install an entry feature on the Property in
proximity to its access points on Carol Street. Said features may include decorative wa Is
and/or fencing in addition to landscaping.
3. TREE PRESERVATION.
a. The Applicant shall take necessary steps and actions to ensure the long-te
survival, and continuing structural integrity and health of trees designated on sheets 5
through 7 of 9 of the GDP/PSP to be preserved both on site and the ones shown off site in
the outfall area from the site to Ann Street. The landscape plan submitted as part of t e
subdivision/site plan shall conform to the GDP/PSP. Minor modifications may me
permitted to the extent that these do not change the designation of individual trees to se
preserved or result in significant physical impacts to the areas outside the limits of
clearing and grading shown on the GDP/PSP.
b. Prior to subdivision/site plan submission the Applicant shall retain the services of
a certified arborist to review the impact of proposed site grading on the trees to be
•
USACTIVE-102846024.3 5/16/13 2 07 PM
preserved and on nearby off-site trees that may be impacted by site development. T i e
certified arborist shall prepare a Tree Management Plan specifying preservation practic s
to be used to maximize chances of tree survival, such as crown pruning, root prunin_,
mulching, fertilization and others as necessary and identifying any trees that in t i e
arborist's professional judgment would become hazardous in the new setting and shou d
be removed. The Tree Management Plan shall be incorporated into the subdivision/si e
plan for review and approval.
c. All trees designated to be preserved shall be protected by tree protection fencinc_.
Tree protection fencing shall consist of 4-foot high, 14 gauge welded wire attached o
six (6) foot steel posts driven eighteen (18) inches into the ground and shall be shown .n
the subdivision/site plan. All tree protection fencing shall be installed prior to any s'te
clearing and grading activities. The installation of all tree protection fencing shall Be
performed under the supervision of a certified arborist or landscape architect a i d
accomplished in a manner that does not harm existing vegetation.
d. At the time of bond release for each section, the trees will be inspected by t e
City and the certified arborist retained by the Applicant. Should any existing individ al
tree shown for preservation not survive due to the impact of construction, the Applic.nt
shall replace such trees as follows:
• For a tree up to five (5) inches in caliper failing to survive, one (1) tree with a cali er
of not less than three and a half(31/2) inches shall be provided;
• For a tree between five (5) and no less than sixteen (16) inches in caliper failing to
survive, two (2) trees with a caliper of not less than three and a half(31/2) inches shall Be
provided;
• For a tree with a caliper of sixteen (16) inches or greater failing to survive, three 13)
trees with a caliper of not less than three and a half(31/2) inches shall be provided;
• In general, the replacement trees shall be the same species of the failing tree exc:pt
that the Applicant may substitute trees of different species with the advice and consent of
the Department of Community Development and Planning.
4. HOMEOWNERS' ASSOCIATION
a. The Applicant shall form a Homeowners' Association (HOA) for the Prope y.
The HOA shall be responsible for maintenance of the private streets, sidewalks, tot 1 t,
stormwater management facilities and water quality facilities, and adjacent easeme ts,
and the open space owned by the HOA. Further, the HOA shall be responsible for he
enforcement of restrictions on the Property. The Applicant shall notify all prospect ve
purchasers in sales literature and purchasers in writing at the time of settlement of th se
maintenance responsibilities and restrictions. Maintenance responsibilities shall inclu e,
but not be limited to, snow removal, travel aisle maintenance, mowing of common ar as
and the up keep of HOA facilities.
)j
- 2 -
5. PRIVATE STREETS
At the time of Record Plat recording, the Applicant shall grant a public ingress-egre s
easement to the City of Fairfax over the private streets to permit access for tra h
collection, recycling and emergency vehicles.
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 structu .1
improvements (including decks and fences) without the review and approval by t e
Homeowners Association, which shall be guided by architectural guidelines establish;d
by the Applicant, review and approval of Community Development and Planning a d
receipt of necessary building permits.
b. Conversion of garages that will preclude the parking of vehicles within t, e
garage will be prohibited in the development. (This shall not preclude the use of garag-s
as sales offices in the model homes during marketing of the development, with t e
understanding the sales offices will be converted back to garages upon sale of t e
models.)
c. The maintenance of the private streets, the stormwater detention/wa -r
quality facilities, walkways, retaining walls and other landscaping features located in
common open space including the tot lot will be the responsibility of the HOA in
perpetuity, and said maintenance costs shall be shared as among all Thirteen (13) lo s.
The HOA shall obtain adequate liability insurance to protect against legal claims t at
may arise from the maintenance of these facilities. It is understood that no request sh 11
be made to have the private streets taken into the City of Fairfax street system.
d. Outside storage of recreational vehicles on the Property shall be prohibit d
both on individual lots and elsewhere on the Property.
7. ARCHITECTURAL DESIGN
The Single-Family detached houses shall have façades comprised of brick, sto e,
cementitious siding, vinyl siding with a minimum forty-six (46) gauge material, or a y
combination of these materials. Lots 1 and 6 shall have brick or stone Fronts and brick or
stone Right Sides. Lots 5 and 13 shall brick or stone Fronts and brick or stone Left Sid,s.
The required brick or stone façades shall be deemed to allow architectural appurtenan•es
such as bay windows, dormer windows and ornamentation and detailing in of er
materials.
The architectural design shall generally conform with the character and quality of t e
illustrative rendering depicted on sheet 9 of 9 of the GDP/PSP and the architectu al
renderings prepared by Devereaux & Associates, Inc. The Applicant reserves the right to
modify final architectural design subject to City of Fairfax Department of Community
Development & Planning approval.
.
- 3 -
8. JERMANTOWN ROAD IMPROVEMENTS
a. Acorn lighting shall be installed along Jermantown Road.
b. The Applicant shall be responsible for the engineering and cost of installing a ci y
standard bus stop near the intersection of Jermantown and Carol Street.
c. Street Trees shall be installed along Jermantown Road.
9. UNDERGROUNDING UTILITIES
Subject to approval by City Council, the applicant shall underground the utilities on i s
property frontage along Jermantown Road. It is understood and agreed that if a utili y
pole is required to support a pole on the Northern side of Jermantown Road, then the t
pole shall remain. All above ground utilities shall remain above ground on Carol Streit.
All other utilities that service the proposed project shall be underground.
10. CONSTRUCTION MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant agrees o
submit a management plan for approval by the City Manager or his designee fir
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;
i. Maintenance of entrances, and
j. Any provisions necessary to allow the current owners of 3601 Jermantown Road
to stay in the house until a new house within the subdivision is ready.
The Applicant shall take every reasonable step to discourage traffic through nearby
single-family neighborhood communities. The Applicant shall post signs that the
construction traffic be routed all construction traffic to the site via Jermantown Road and
the very northern section of Carol Street.
- 4 - j� "
The Applicant shall ban its employees and employees of contractors and subcontracto s
working on the site from parking on the north section of Carol Street and on other near y
City streets. The Applicant shall install signs to that effect if requested by the City s
representative.
The Applicant shall provide a plan for phased construction of the development one (1 )
month prior to beginning construction to include the timetable for public and si e
improvements and plans for any ancillary facilities such as sales or construction trailers.
The Applicant shall provide cash, bond, letter of credit in the amount of Twen y
Thousand Dollars ($20,000) to provide for any damage to the road system fronting t e
Property due to construction traffic. A joint inspection with the DPW of the condition .f
such roads shall be made prior to the start of construction. At the conclusion a f
construction, a joint inspection with the DPW of the condition of such roads, and if thel e
has been no damage due to construction traffic, said bond or letter of credit shall se
released to the Applicant forthwith.
The Applicant shall identify a person who shall serve as a liaison to the commun'ty
throughout the duration of construction. The name and telephone number of t is
individual shall be provided in writing to residents and business owners abutting the si e,
and to the City of Fairfax's Department of Community Development & Planning.
Construction activity shall be limited form 7:00 A.M. to 6:00 P.M. weekdays a d
8:30 A.M. to 5:00 P.M., Saturdays. No construction activity shall take place on Sunda s.
11. GREEN BUILDING DESIGN
The Applicant shall design and construct the homes on the property to conform wit a
known "Green Building Standard" such as the NAHB "National Green Buildi g
Standard" or "Earthcraft Homes of Virginia" program. Conformance shall be certified y
a third party as selected by the applicant.
12. UNIVERSAL DESIGN
All of the new homes on the property shall have the following universal design eleme i is
incorporated into their construction, in conformance with as many of the standards of 'he
"Easy Living Homes of Virginia" program as practically possible. The universal desin
elements shall include the following:
a. 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 hou.e.
b. Interior doors along the accessible route on the ground floor shall be a minim m
of thirty-two (32) inches wide, with easy-open hardware.
c. Minimum thirty-six (36) inch wide level route through the ground floor, except at
doorways.
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it
d. Ground floor bathroom walls reinforced to provide for the possibility of ea h
installation of grab bars at toilets, tubs and showers at a later time.
e. Light switches, electrical outlets, thermostats and other controls installed 1 a
accessible heights.
13. NOISE STUDY
Prior to second submission of the final site plan, the Applicant shall submit a noise stu y
to the Department of Community Development and Planning which shall include not e
levels from I-66 and Jermantown Road to determine what, if any, noise attenuati n
measures may be needed. Based on the findings of that report, the Applicant sh II
identify units on the site plan that are anticipated to be impacted by noise greater than 5
dBA Ldn in the rear yards and shall provide noise attenuation measures designed o
reduce interior noise of those identified noise impacted units to a level of approximate y
45 dBA Ldn.
14. JERMANTOWN ROAD DEDICATION
The Applicant shall dedicate land along Jermantown Road for future improvement on
Jermantown Road. The area is shown on the GDP/PSP.
15. SUCCESSORS AND ASSIGNS
The Applicant, for itself, its successors and assigns, agree that these proffers shall bi d
the future development of the Property, unless modified, waived or rescinded in t e
future by the City Council, in accordance with applicable City of Fairfax a d
Commonwealth of Virginia statutory procedures.
I
16. SCHOOL CONTRIBUTION
In recognition of the property's close proximity to Providence Elementary School, a d
likelihood that some of the residents of the new community planned for the property w 11
attend Providence, applicant agrees to work with the City of Fairfax School Board, City
Superintendant of Schools, and the Providence Elementary School principal to determi e
school needs that may be met by the applicant. The applicant will provide in-ki d
funding in amount not to exceed Two Thousand Five Hundred Dollars ($2,500) for ea h
newly approved dwelling unit to meet the agreed upon needs, prior to the issuance of t e
first residential use permit for the property.
17. PARKS AND RECREATION
In recognition of the potential demand placed on recreational spaces in close proximity f
the property by its future residents, the applicant agrees to work with the City's Direct r
of Parks and Recreation to determine recreational needs that may be met by the applica t.
These needs shall be identified to exist at Fairchester Woods Park, or Kutner Park or
Cobbdale Park or to fund the installation of the tot lot shown on the GDP/PSP.
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i i
At the time of subdivision plan review, the Applicant shall demonstrate that the value l I i f
any proposed recreational amenities is equivalent to a minimum of One Thousand Sev n
Hundred Dollars ($1,700) per dwelling unit. In the event it is demonstrated that t e
proposed tot lot does not have sufficient value, the Applicant shall contribute funds r
provide in-kind funding in the amount needed to achieve the overall proffered amount to
meet the agreed upon needs. This proffer needs to be satisfied prior to the issuance of t e
first residential use permit for the property.
18. STORMWATER MANAGEMENT
Stormwater management shall be designed in accordance with 4VAC50-60-62 through
4VAC50-60-92.
19. TIMING OF DEMOLITION OF 3601 JERMANTOWN ROAD
Prior to issuance of the tenth building permit, the existing house at 3601 Jermantown
Road shall be demolished.
Signature Pages To Follow
III
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III
APPLICANT
Christopher Land, LLC
III
By: Christopher Management, Inc., Manager
By: E. J n eg r.
Its: Execu ive Vice President
USACTIVE-102846024 3 5/20113 11 57 AM - )t�
II
10823 & 10825 Carol Street
Tax map # 47-3-2 parcel 7A
Tax map #47-3-6 parcel 2
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i&h. cl-
e buffs G. Mendez, III ,
_r. ,nom___ - l .,a
By: Mercedes Mendez
III
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3601 Jermantown Road.
Tax map # 47-3-2 parcel 7
By: Alonzo Baker, III
y: inda Baker
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II
I�I
US_ACTIVE-102846024 3 5/20/13 11 58 AM j(, �
3603 Jermantown Road.
Tax map# 47-3-2 parcel 6
Four Mile Associates, LLC
Kendric
-
. anager
Jean M. Avlor Family Trust SC4,40/1/ta
•
Joa Aylor irby t-
its: Sury}vor Trustee
John R. B. Aylor µ
Its: Survivor Trustee
J ^L ✓ / / /�C l.L...'1 1.11 _ :, ' 1,1I i '1�r1 "
By: Ch Jean ylor
Its: Survivor Trustee
Gary Lockowandt
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By: Gar} Lockowandt
Karen Lockowandt Harvey
tiA-449 c//1.-(v y(///ttY
By: Karen Lockowandt Harvey
US ACTIVE-102848024 3 5/13113 12,42 PM