2015-27ORDINANCE NO. 2015-27
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM RM - RESIDENTIAL MULTIFAMILY TO RPD
— RESIDENTIAL PLANNED DEVELOPMENT WITH PROFFERS; ON THE LAND
KNOWN AS 10742 TO 10764 MAIN STREET AND MORE PARTICULARLY
DESCRIBED AS TAX MAP PARCEL 57-1-02-116.
WHEREAS, Oak Knolls Realty Corporation, by Lynne J. Strobel, Agent, submitted
application No. Z-14060098 requesting a change in the zoning classification from RM ---
Residential Multifamily to RPD — Residential Planned Development with proffers, for the
parcel identified above, and more specifically described as
BEGINNING AT AN IRON PIPE FOUND ON THE
NORTHERN RIGHT-OF-WAY LINE OF MAIN STREET, VIRGINIA
ROUTE 236 , VARIABLE WIDTH RIGHT-OF-WAY; SAID PIPE
BEING THE SOUTHEASTERLY CORNER OF THE HEREIN
DESCRIBED PARCEL; THENCE N62'14'26"W 368.10' WITH THE
NORTHERN RIGHT-OF-WAY OF MAIN STREET TO AN IRON
PIPE SET AT THE POINT OF CURVATURE AT THE
INTERSECTION OF THE EASTERN RIGHT-OF-WAY LINE OF
OAK STREET, 50'RIGHT-OF-WAY, THENCE DEPARTING THE
NORTHERN RIGHT-OF-WAY LINE OF MAIN STREET AND WITH
THE EASTERN RIGHT-OF-WAY LINE OF OAK STREET, THE
FOLLOWING COURSES AND DISTANCES:
ALONG THE ARC OF A CIRCLE 17.50'IN RADIUS,
CURVING TO THE RIGHT AN ARC DISTANCE OF 25.31'
THE CHORD OF SAID ARC RUNNING N20'48'31'W
23.16' TO A CHISEL HOLE IN CONCRETE;
N20'37'25'E 562,14'TO A POINT AT THE
SOUTHWESTERN CORNER OF THE NOW OR FORMERLY
AMERICAN LEGION #177 PROPERTY; THENCE S69'2235'E
499.59'DEPARTING THE EASTERN RIGHT-OF-WAY LINE OF
OAK STREET AND WITH THE SOUTHERN LINE OF THE
AMERICAN LEGION #177 PROPERTY TO AN IRON PIPE FOUND
ON THE WESTERLY LINE OF LOT 3 SHERWOOD SUBDIVISION;
THENCE S31'2405°W 636.46'WPTH THE WESTERN LINE OF
SHERWOOD SUBDIVISION AND THE NOW OR FORMERLY
CHILKA PROPERTY TO THE POINT OF BEGINNING AND
CONTAINING 266,036 SQUARE FEET OR 6.10735 ACRES OF
LAND.
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 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
RM — Residential Multifamily to RPD — Residential Planned Development with proffers;
BE IT FURTHER ORDAINED, that the above described property be subject to the
following reasonable conditions authorized by City Code Section 110-7, which are proffered
by the property owners:
[See attached proffered conditions dated May 18, 2015.]
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development plan/preliminary site plan be approved;
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 13, 2015
City Council hearing: May 26, 2015
Adopted: May 26, 2015
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Loftus
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Mayor
Date
PROFFERS
MOUNT VINEYARD
ZONING MAP AMENDMENT
May 18, 2015
Pursuant to Section 15.2-2303(a) of the Code of Virginia, 1950, as amended, and Section 110-7
(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Oak Knolls Realty Corporation, for
itself and successors and/or assigns, (hereinafter referred to as the "Applicant") in Z-14060098
filed on property identified on the City of Fairfax tax map 57-1-02-116 (hereinafter referred to as
the "Application Property") hereby proffers the following, provided that the Fairfax City Council
approves a rezoning of the Application Property from the R -M District to the RPD District in
conjunction with a general development plan/preliminary site plan for residential development.
These proffers shall replace and supersede all previous proffers approved on the Application
Property, if any. In the event the rezoning is denied by the Council, these proffers shall
immediately be null and void.
GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN
Development of the Application Property shall be in substantial conformance with the
General Development Plan/Preliminary Site Plan (GDP/PSP) prepared by Smith
Engineering consisting of 8 sheets, dated May 16, 2014 as revised through May 11, 2015.
The Applicant shall have the flexibility to make minor modifications to site design and
improvements shown on the GDP/PSP based on final engineering and design subject to
the approval of the Director of Community Development and Planning.
2. TRANSPORTATION
A. Main Street. Prior to site plan approval for the Application Property, the
Applicant shall dedicate right-of-way, approximately 7.5 feet in width, along the
Application Property's Main Street frontage to accommodate the minimum
required arterial right-of-way width as shown on the GDP/PSP.
B. Main Street Median. Subject to the approval of the Department of Public Works
and VDOT, and prior to the issuance of the first Residential Use Permit (RUP) on
the Application Property, the Applicant shall remove the existing left turn lane
from eastbound Main Street into the Application Property and install trees in the
median as shown on the GDP/PSP in accordance with City and VDOT standards
and subject to existing utilities. The Applicant shall install signs to preclude u -
turns for eastbound traffic on Main Street at the resultant median break subject to
VDOT approval.
C. Prior to the issuance of the first RUP, the Applicant shall restripe southbound Oak
Street at its intersection with Main Street to allow for one left turn lane and one
shared through/right turn lane, and remove/install applicable signs.
Page 2
3. STORMWATER MANAGEMENT
A. Design and construction of stormwater management facilities shall comply with
4VAC50-60 Virginia Stormwater Management Program (VSMP) Permit
Regulations, as may be amended. At time of site plan review, the Applicant shall
consider low impact development techniques beyond those shown on the
GDP/PSP to the extent feasible which may include, but not be limited to,
permeable pavers, infiltration, and/or bio -retention.
B. At the time of site plan review, the Applicant, within its discretion, may replace
the proposed above ground stormwater management (SWM) facility shown on the
GDP/PSP with landscaped open space provided that all State stormwater
requirements are met through other measures.
4. STREETSCAPE
A. Prior to the issuance of the first RUP for an elevatored multifamily building
located on the Application Property, the Applicant shall install a streetscape
generally consisting of landscaping, a minimum six (6) foot wide concrete
sidewalk, and acorn lights along the Application Property's Main Street frontage
as shown on the GDP/PSP and in accordance with the City's Public Facilities
Manual standards. The final streetscape design shall be approved at time of site
plan.
B. Prior to the issuance of the first RUP for a single-family attached dwelling unit
located on the Application Property, the Applicant shall install landscaping, which
shall incorporate existing trees, a minimum four (4) foot wide concrete sidewalk,
and decorative street lights along the Application Property's Oak Street frontage
as shown on the GDP/PSP. The final streetscape design shall be approved at time
of site plan.
C. Prior to the issuance of the first RUP for the Application Property, the Applicant
shall underground utilities located along the Application Property's Main Street
and Oak Street frontages and on the Application Property as shown on the
GDP/PSP. Existing utility poles shall be removed, relocated or remain as shown
on the GDP/PSP.
5. LANDSCAPING AND OPEN SPACE
A. Landscaping on the Application Property shall be in general conformance with
the landscape design shown on the GDP/PSP. Final selection of the type and
location of vegetation and the design of landscaped areas and streetscape
improvements/plantings shall be made as part of the site plan approval process.
B. The Applicant shall retain a certified arborist, landscape architect, or a registered
consulting arborist to develop a tree preservation plan for existing trees located on
the Application Property and shown on the GDP/PSP to be preserved. The tree
Page 3
preservation plan shall be prepared with the objective to achieve maximum
survival of the existing trees as shown on the GDP/PSP. The establishment and
care of a root zone treatment area for existing trees designated for preservation
shall be a priority. Recommended treatments designed to enhance root systems
shall be implemented and tree preservation activities shall include, but not be
limited to, soil treatments, fertilization, crown pruning, root pruning, construction
activity regulation, and mulching. Said tree preservation plan shall be submitted
at time of site plan.
C. Prior to the issuance of the final RUP, the Applicant shall install a
commemorative plaque related to Ratcliffe Plantation/Mount Vineyard at the
location as shown on the GDP/PSP. The text and/or graphics on the plaque shall
be prepared in coordination with Historic Fairfax City, Inc.
D. Prior to the issuance of the final RUP and subject to the receipt of permission
from the property owner at no cost, the Applicant shall install approximately ten
(10) trees, which shall be a combination of evergreens and deciduous trees, to
replace overstory trees located along the northern property line of the Application
Property. Said trees shall be planted on the north side of the retaining wall as
shown on the GDP/PSP. Evergreens shall be approximately 6 to 8 feet in height
and deciduous trees shall be approximately 2 %i inch caliper at time of planting.
E. The Applicant shall coordinate phasing of landscaping and open space
improvements with the Department of Public Works at time of site plan review.
6. ARCHITECTURAL DESIGN
A. The architectural design and style of the buildings shall be generally consistent
with the conceptual elevations as shown on the GDP/PSP. The elevations may be
refined as a result of final design and engineering so long as the character and
quality of the buildings remain in substantial conformance with those shown on
the GDP/PSP. Building materials shall be predominately brick, cementitious
board, and may include other high quality materials as reviewed and approved by
the Board of Architectural Review (BAR). Architectural elements, such as varied
wall setbacks, balcony locations, roof embellishments, signs, building entries,
brick banding, soldier coursing and/or relief patterns, shall be incorporated into
the overall design to be presented for review and approval by the BAR.
B. All residential units shall comply with all applicable municipal, state and federal
accessibility and anti -discrimination requirements in place at the time of building
permit submission.
C. All townhomes and two -over -two units shall be equipped with fire sprinkler
systems, including attics.
Page 4
D. At time of site plan review, the Applicant shall identify accessible units in each
proposed building as required by the then, in place, applicable municipal, state,
and federal accessibility requirements.
E. Prior to the issuance of a building permit, the Applicant shall submit
documentation to the City that exterior materials and construction techniques are
effective in ensuring interior average noise levels of approximately 55 dBA
between 7:00 a.m. and 9:00 p.m. and approximately 45 dBA between 9:00 p.m.
and 7:00 a.m. for those buildings adjacent to Main Street.
7. PARKS AND RECREATION
The Applicant shall contribute the sum of two hundred fifty dollars ($250.00) per
residential unit to Fairfax City for recreation improvements. Said contribution may be
reduced by an amount equivalent to the cost of installing a trail connection from the
existing sidewalk parallel to Oak Street to Pat Rodio Park within existing dedicated right-
of-way. If it is determined at time of site plan that a trail connection is not feasible,
and/or that off-site easements are required, the Applicant shall contribute the total sum of
thirty-three thousand dollars ($33,000.00) to Fairfax City that may be used for a future
trail connection or for other recreation improvements in the area within the City's
discretion.
8. SUSTAINABLE DESIGN
A. In order to promote energy conservation and green building techniques, the
Applicant shall incorporate energy saving devices which may include, but not be
limited to, use of ENERGY STAR® appliances, energy efficient mechanical
systems, recycling for occupant refuse, energy efficient lighting and insulation
that meets or exceeds applicable energy code requirements.
B. The Applicant shall install pervious pavers in the driveways of dwelling units
identified as 1-9, inclusive, and 33-68, inclusive, as shown on the GDP/PSP. The
type of pervious paver is subject to review and approval by the BAR.
9. TRANSPORTATION DEMAND MANAGEMENT STRATEGIES
In an effort to reduce the numbers of vehicle trips generated by the Application Property,
the Applicant shall implement Transportation Demand Management ("TDM") strategies.
These strategies will include, but not be limited to, the following:
A. Bicycle Facilities. Secure, enclosed bicycle storage facilities shall be available
for multifamily residents on the Application Property. A bicycle rack will also be
provided on the Application Property for site visitors. The Applicant shall
provide a minimum of one (1) outdoor visitor space per fifty (50) multifamily
units and one (1) indoor space per ten (10) multifamily units The Applicant shall
identify the location of bicycle storage facilities at time of site plan approval.
Outdoor bicycle racks are subject to review and approval by the BAR.
Page 5
B. Bus Shelter. Prior to the issuance of the first RUP for the Application Property,
the Applicant shall install a bus shelter along the Application Property's Main
Street frontage as shown on the GDP/PSP. Final design of the bus shelter is
subject to review and approval by the BAR.
C. Reduction of Single Occupant Vehicles. The Applicant shall provide initial
purchasers with information on local transit services, carpool programs and
ridesharing programs. In addition, at time of'purchaser of each dwelling unit on
the Application Property, the Applicant shall provide the initial purchaser(s) of
the unit with a single prepaid transit card having a value of twenty-five dollars
($25.00).
10. AFFORDABLE HOUSING
Prior to issuance of the first RUP, the Applicant shall make a contribution to the City in
the amount of four hundred forty thousand dollars ($440,000.00) for the purpose of
supporting housing affordability within the City.
11. TENANT RELOCATION
The Applicant shall provide for tenant relocation in accordance with the plan attached
hereto as Exhibit A.
12. ARCHAEOLOGICAL ASSESSMENT AND HERITAGE RESOURCES
A. Prior to any land disturbance on the Application Property, the Applicant shall
conduct a Phase I Archaeological Site Assessment in coordination with the City;
for certain areas located on the Application Property, subject to the provisions of
U.S. Department of the Interior Regulation 36 CFR, and provide the results of
such study to the City within thirty (30) days of completion. The Phase I study
shall include a metal detection survey of potentially undisturbed areas of the
Application Property, including the raised knoll in the center of the existing
courtyard on the Application Property. Upon request by the City within thirty
(30) days of submission of the Phase I Archaeological Site Assessment, the
Applicant shall conduct a Phase II Archaeological Site Assessment on only those
areas of the Application Property identified for further study. The study or studies
shall be conducted by a qualified archaeological professional approved by the
City Office of Historic Resources, and their review shall not delay
commencement of construction. All artifacts obtained from the Application
Property shall be submitted for review by the City Office of Historic Resources
which shall have the option of keeping such artifacts in the City archives.
B. Prior to the issuance of the first RUP, the Applicant shall contribute one thousand
eight hundred ($1,800.00) to Historic Fairfax, Inc. for the replacement of an
existing Mount Vineyard Plantation historical marker with a new sign that will
include modified text associated with "knoll" located on the Application Property
Page 6
C. Two (2) existing historic markers located in the right-of-way adjacent to the
Application Property may be temporarily removed by the Applicant and stored in
a protected and secure location for the duration of construction activity at their
respective locations. Said markers shall be reinstalled by the Applicant upon
completion of construction.
13. CONSTRUCTION MANAGEMENT
A. Prior to site plan approval, the Application shall submit a construction
management plan for approval by the City Manager, or designee, to address the
following:
(i) Hours of construction;
(ii) Truck routes to and from the Application Property;
(iii) Location of parking areas for construction employees;
(iv) Truck staging and cleaning areas;
(v) Storage areas;
(vi) Fencing details;
(vii) Trailer and sanitary facility locations;
(viii) Traffic control measures; and
(ix) Maintenance of entrances.
B. Prior to commencement of construction, the Applicant shall identify a community
liaison who will be available throughout the duration of construction on the
Application Property. The name and telephone number of the community liaison
shall be provided to community representatives living in proximity to the
Application Property, adjacent commercial property owners, a representative of
Paul VI High School, and the Department of Community Development and
Planning.
14. OWNERS ASSOCIATION
A. Formation of Condominium Owner Association and Homeowners Association.
(i) Prior to the issuance of the first RUP for the Application Property, the
Applicant shall establish a Condominium Owners Association (COA), as
necessary for each phase of owner -occupied condominium units in
accordance with Virginia law.
Page 7
(ii) Prior to the issuance of the first RUP for the Application Property, a
Homeowners Association (HOA) shall be established for the single family
attached dwelling units.
(iii) The COA and HOA documents shall provide for the granting of easements
by the respective Boards and not a majority vote of the residents.
B. Maintenance Obligations
(i) The COA and the HOA shall have specific land areas of the Application
Property within its boundaries, and shall assume all maintenance
obligations required by these proffers for infrastructure, including, but not
limited to, private streets, open space and landscaping, within those
boundaries.
(ii) Maintenance obligations may be shared by the COA and HOA pursuant to
a shared maintenance agreement.
(iii) Purchasers of individual condominium units and individual single family
attached units shall be advised prior to entering into a contract of sale, and
in the COA and/or HOA documents, that the COA and/or HOA shall be
responsible for those obligations listed in these proffers.
C. Disclosure
Purchasers shall be advised in writing prior to entering into a contract of sale and
in the COA documents and the HOA documents that the property to the north is
owned and occupied by the American Legion which periodically hosts events for
its membership and the community.
15. PUBLIC WORKS
Existing Sanitary Line. Prior to site plan approval for the Application Property, the
Applicant shall analyze approximately 1,350 feet of the receiving existing sanitary sewer
line located in Oak Street and on the north end of the American Legion property to
determine its condition and capacity. The condition analysis shall be conducted using
photographic equipment to observe cracks and significant wear. The results of the
analysis shall be provided to the Department of Public Works prior to site plan approval.
Upon receipt of the analysis, the Department of Public Works shall determine whether or
not any repairs or replacement is needed. The Applicant shall make any identified repairs
to the sanitary sewer line prior to the issuance of the first RUP on the Application
Property.
16. MISCELLANEOUS
A. Construction. The improvements described herein shall be constructed
concurrently with the development unless otherwise specified. Should any of the
improvements described herein be delayed due to circumstances beyond the
Page 8
Applicant's control, later dates for compliance may be permitted as determined
appropriate by the Department of Community Development and Planning, except
for those time limitations associated with special use permit and/or BAR
approval.
B. Successors and Assigns. These proffers will bind and inure to the benefit of the
Applicant and its successors and assigns.
(A0663418.DOCX / 1 Draft Proffers - 05.18.15 (c1n) 007167 000019 )
[SIGNATURES ON NEXT PAGE]
APPLICANT/TITLE OWNER
OAK KNOLLS REALTY CORPORATION
By: Stephen A. Bannister
Its: President
[SIGNATURES CONTINUE]
CONTRACT PURCHASER
PULTE HOME CORPORATION
By: Pulte Diversified Companies, Inc.
its sole shareholder
By: Pulte Group Inc., its sole shareholder
-.."Z
By: r 4
Its: o
[SIGNATURES END]
PROFFERS
THE ENCLAVE
IDI -RTL DEVELOPMENT, LLC
June 12, 2015
Pursuant to Section 15.2-2303(a) of the Code of Virginia, 1950, as amended, and Section 110-7
(b) of the Zoning Ordinance of the City of Fairfax, Virginia, IDI-RJL Development, LLC, for the
owner, and successors and/or assigns (hereinafter referred to as the "Applicant") in Z-15010010
filed on property identified on the City of Fairfax tax map 58-2-10-02-001-A, 58-2-10-001-C and
58-2-10-001 (hereinafter referred to as the "Property") hereby proffers the following, provided
that the Fairfax City Council approves this General Development Plan Amendment and
associated Special Exceptions and Variances for the Property, located in the Commercial
Planned Development ("CPD") Zoning District, and in conjunction with an amended general
development plan permitting residential development. These proffers shall replace and
supersede all previous proffers approved on the Property. In, the event the rezoning is denied by
the Council, these proffers shall immediately be null and void.
1. GENERAL DEVELOPMENT PLAN
Development of the Property shall be in substantial conformance with the General
Development Plan Amendment ("GDP") prepared by christopher consultants, consisting
of 9 sheets, dated December 23, 2014, as revised through June 2, 2015. The Applicant
shall have the flexibility to make minor modifications to site design and improvements
shown on the GDP based on final engineering and design subject to the approval of the
Director of Community Development and Planning.
2. USE
The Property shall be used for multifamily residential development up to a maximum of
80 dwelling units. A condominium regime shall be created for the Property and all of the
units shall be marketed as such.
3. TRANSPORTATION
A. New Streets. Prior to the issuance of the first Residential Use Permit for the first
building located within the Property, the Applicant shall construct at its sole
expense the streets, accessways, and sidewalks on the Property as shown on the
GDP that are required to provide access to the building for which the Residential
Use Permit is requested. Such streets shall be maintained by the Applicant and
adjoining landowners as private streets. Crosswalks and on -street parking within
these shall be provided, subject to the approval of the Department of Public
Works. The Applicant shall install signs and/or pavement markings for bicycles,
subject to the approval of the Department of Public Works. The Applicant shall
provide a public ingresslegress easement for all private streets, accessways, and
Page 11
adjacent sidewalks. Prior to the issuance of the final Residential Use Permit for
the Property, all streets, accessways, and sidewalks shall have final paving and
shall be complete in substantial conformance with the GDP.
B. Pickett Road Reservation. Prior to site plan approval, the Applicant shall reserve
land area of approximately 2,644 square feet along the Property's Pickett Road
frontage, which shall be dedicated to the City upon request to accommodate road
improvements as depicted in the City's Comprehensive Plan. Said reservation
shall be made without cost to the City of Fairfax. The Applicant reserves
intensity/density credit as may be permitted by the provisions or regulations of the
City for such dedication.
C. Construction Timing. The Applicant shall coordinate phasing of transportation
improvements with the Department of Public Works at the time of site plan
approval.
D. Bus Shelter. Prior to the issuance of the first Residential Use Permit for the
Property and subject to the approval of the City, the Applicant shall install a bus
shelter per City standards, or as approved by the Transportation Director, near the
Property at the existing bus stop along northbound Pickett Road.
E. Bicycle Facilities. Secure, enclosed bicycle storage facilities shall be available
for the residents on the Property. A bicycle rack will also be provided on the
Property for site visitors. The Applicant shall provide a minimum of one (1)
outdoor visitor space per fifty (50) multifamily units and one (1) indoor space per
ten (10) multifamily units. The Applicant shall identify the location of bicycle
storage facilities at the time of site plan approval.
F. Stop Signs. The Applicant shall install stop signs at three internal access points to
existing Silver King Court. The location of the stop signs shall be determined
during the site plan process, but shall be generally located at the appropriate areas
within both the Property and the commercial portion of the Mantua Professional
Center and shall be subject to the approval of the Department of Transportation.
G. Transportation Demand Management Strgees. In an effort to reduce the
number of vehicle trips generated by the Property, the Applicant shall implement
Transportation Demand Management (`"TDM") strategies. These measures shall
include, but not be limited to, the following:
(i) Installation of the Bus Shelter referenced in Proffer 3(D) above;
(ii) Installation of the Bicycle Facilities referenced in Proffer 3(E) above;
(iii) The Applicant shall provide initial purchasers with information on local
transit services and routes, carpool programs and ridesharing programs;
and
Page 12
(iv) At the time of initial purchase of a dwelling unit, the Applicant shall
provide the initial purchaser of the unit with a single prepaid transit card
having a value of twenty-five dollars ($25.00).
4. STORMWATER MANAGEMENT
The Applicant shall provide underground stormwater management ("SWM") as generally
shown on the GDP. The design and construction of stormwater management facilities
shall comply with 4VAC50-60 Virginia Stormwater Management Program ("VSMP")
Permit Regulations, as may be amended or other relevant standard in place at the time of
site plan submission The Applicant shall consider low impact development techniques
to meet water quality requirements of the VSMP regulations to the extent feasible which
may include, but not be limited to, permeable pavers, infiltration, manufactured BMP
facilities, and/or bio -retention.
5. LANDSCAPING AND TREE PRESERVATION
A. General. Landscaping on the Property shall be in general conformance with the
landscape design shown on the landscape plan of the GDP/PCA/SE. Final
selection of the type of species, sizes and location of vegetation shall be made as
part of the site plan approval process.
B. Tree Preservation. The Applicant shall generally conform to the limits of
clearing and grading for the tree preservation areas as shown on the landscape
plan of the GDP, subject to minor adjustments during site plan review with the
approval of the Zoning Administrator. The Applicant's certified arborist and a
representative from Department of Community Planning and Development shall
walk the Property during site plan review and make a final determination of
reasonable and practical limits of clearing and grading for tree preservation based
on sound engineering and horticultural practices.
C. North Building Landscaping. The Applicant will provide a minimum of six (6)
ten foot (10') tail evergreen trees along the northeast corner of the north building
as depicted on Sheet 9 (Landscape Plan) of the GDP to screen and buffer the
building from The New School.
D. Construction Timing. The Applicant shall coordinate phasing of landscaping and
open space improvements with the Department of Public Works at the time of site
plan approval.
6. RECREATIONAL AMENITIES
A. The Applicant shall provide indoor and outdoor on-site recreational facilities to
provide social, cultural and recreational opportunities for future residents of the
Property that may include, but not be limited to, exercise rooms, gyms, club room,
media centers, private plazas and outdoor amenity areas.
Page 13
B. Following the commencement of construction but prior to the issuance of the first
Residential Use Permit for the project, the Applicant shall contribute an amount
equivalent to $378.00 per residential unit to the City of Fairfax for use in the
planning, design, construction and/or repair of recreational and cultural amenities
in the general vicinity of the Property.
7. ARCHITECTURAL DESIGN
A. The architectural design and style of the buildings shall be generally consistent
with the conceptual elevations as shown on the GDP, and shall be generally
consistent in style on all sides of the buildings. The elevations may be refined as
a result of final design and engineering so long as the character and quality of the
buildings remain in substantial conformance with those shown on the GDP.
Building materials shall be predominately brick, cementitious board, and may also
include stone, cultured stone, simulated stone, and/or metal paneling, as may be
approved by the Board of Architectural Review. Architectural elements, such as
varied wall setbacks, balcony locations, roof embellishments, signage, building
entries, brick banding, soldier coursing and/or relief patterns, shall be
incorporated into the overall design to be presented for review and approval by
the Board of Architectural Review.
B. All residential units shall comply with all applicable municipal, state and federal
accessibility and anti -discrimination requirements in place at the time of building
permit submission.
C. At the time of site plan submission, the Applicant shall identify accessible units in
each proposed building as required by the then, in place, applicable municipal,
state, and federal accessibility requirements.
8. SUSTAINABLE DESIGN
A. In order to promote energy conservation and green building techniques, the
Applicant shall incorporate energy saving devices which may include, but not be
limited to, use of ENERGY STAR® appliances, energy efficient mechanical
systems, recycling for occupant refuse, energy efficient lighting and insulation
that meets or exceeds applicable energy code requirements.
B. At the time of site pian submission, the Applicant shall submit a LEED checklist
to demonstrate the incorporation of energy saving components as described above
and as generally available in the marketplace.
9. AFFORDABLE HOUSING
Subject to City Council approval, prior to issuance of the first Residential Use Permit, the
Applicant shall make a contribution to the City in the amount of $216,960 for the purpose
of supporting affordable housing programs in the City.
Page 14
10. SCHOOL CONTRIBUTION
Prior to the issuance of the first Residential Use Permit, the Applicant shall contribute
$40,000.00 to the City of Fairfax to mitigate impacts to City schools.
11. CONSTRUCTION MANAGEMENT
A. The Applicant shall abide by all provisions of the City of Fairfax Noise Ordinance
with respect to construction activities at that site which include, in part, that
construction equipment may not be used outside before 7:00 a.m. and after 6:00
p.m. on weekdays, before 8:30 a.m. and after 5:00 p.m. on Saturdays and federal
and state holidays, and at any time on Sundays, except in the case of urgent
necessity in the interest of public health and safety, and then only when
authorized by the building official. Interior work which does not generate noise
discernible at the property line shall not constitute a prohibited act.
B. Prior to site plan approval, the Applicant shall submit a construction management
plan for approval by the City Manager, or designee, to be implemented during
construction of each building, as appropriate, and to ensure safe and efficient
pedestrian and vehicle circulation at all times on the Property and on the public
roadways adjoining the Property. Prior to submitting the construction
management plan to the City, the Applicant agrees to meet and consult with The
New School to coordinate with and receive the School's input on the Plan. The
construction management plan shall:
(i) establish hours of construction;
(ii) identify anticipated construction entrances;
(iii) identify construction staging areas;
(iv) identify construction vehicle routes;
(v) identify trailer and sanitary facility locations;
(vi) designate the location of parking areas for construction employees;
(vii) designate truck staging and cleaning areas;
(viii) agree to schedule major deliveries to not disrupt The New School's
morning and afternoon peak pick up and drop off times;
(ix) develop procedures for coordination with other users of the Mantua
Professional Center concerning construction material deliveries, lane
closures, or other construction related activities to minimize disturbance
on the surrounding road network;
Page 15
NN prohibit construction vehicles and construction worker vehicles from using
any of the parking spaces assigned to The New School;
(xi) prohibit construction workers from trespassing on The New School
property;
(xii) require the installation of an attractive screening fence around the
construction site;
(xiii) establish a method for reasonable construction dust suppression on the
Property and removal of mud from the internal roads; and
(xiv) agree to maintain the Property so that no construction debris (including
trash and waste generated by the construction employees) litters the other
portions of the Mantua Professional Center and all such debris is regularly
and promptly removed.
C. Prior to commencement of construction, the Applicant shall identify a community
liaison that will be available throughout the duration of construction on the
Property. The name and telephone number of the community liaison shall be
provided to the other owners in the Mantua Professional Center, the Home
Owners Associations or Neighborhood Associations for Pickett's Reserve,
Barrister's Keepe and Mantua, and the Department of Community Development
and Planning. In addition, the community liaison or other designated
representative of the Applicant agrees to meet with the Principal or other
designated representative of The New School every two (2) weeks during the
construction process.
12. OWNERS ASSOCIATION
Prior to the issuance of the first Residential Use Permit for the Property and occupancy
by the initial individual owner of a dwelling unit, the Applicant shall establish a
Condominium Owners Association ("COA") in accordance with Virginia law. The COA
documents shall provide for the granting of easements by the Board of Directors and not
a majority vote of the residents. The COA shall assume all maintenance obligations for
the Property required by these proffers for infrastructure, including, but not limited to,
private streets, open space and landscaping; provided however, that the maintenance
obligations may be shared by the COA with the other owners of the Mantua Professional
Center pursuant to a separate shared maintenance agreement. Purchasers of individual
condominium units shall be advised prior to entering into a contract of sale, and in the
COA documents, that the COA shall be responsible for those obligations listed in these
proffers.
13. MISCELLANEOUS
A. 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
Page 16
and all of which when taken together shall constitute but one in the same
document.
B. Successors and Assign. These proffers will bind and inure to the benefit of the
Applicant and its successors and assigns. Each reference to "Applicant" in these
Proffers shall include within its meaning and shall be binding upon the
Applicant's successor(s) in interest and/or developer(s) of the site or any portion
of the site.
[SIGNATURES BEGIN ON NEXT PAGE]
Page 17
OWNER
MANTUA COMMERCIAL
CONDOMINIUM OWNERS
ASSOCIATION
OWNER
R.J.L. FAMILY ENTERPRISES AT
MANTUA, LLC
rL
Its: M.aiv o�iR}4 M�r+►g�tt..,
[SIGNATURES CONTINUE]
Page 18
APPLICANT
IDI-RJL DEVELOPMENT, LLC
(�A;fw'(
Bey: CIU:�PI C�GC�ct
I �N.4G�iZ.
[SIGNATURES END]
Page 19
PROFFERS
MOUNT VINEYARD
ZONING MAP AMENDMENT
May 26, 2015
Pursuant to Section 15.2-2303(a) of the Code of Virginia, 1950, as amended, and Section 110-7
(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Oak Knolls Realty Corporation, for
itself and successors and/or assigns, (hereinafter referred to as the "Applicant") in Z-14060098
filed on property identified on the City of Fairfax tax map 57-1-02-116 (hereinafter referred to as
the "Application Property") hereby proffers the following, provided that the Fairfax City Council
approves a rezoning of the Application Property from the R -M District to the RPD District in
conjunction with a general development plan/preliminary site plan for residential development.
These proffers shall replace and supersede all previous proffers approved on the Application
Property, if any. In the event the rezoning is denied by the Council, these proffers shall
immediately be null and void.
1. GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN
Development of the Application Property shall be in substantial conformance with the
General Development Plan/Preliminary Site Plan (GDP/PSP) prepared by Smith
Engineering consisting of 8 sheets, dated May 16, 2014 as revised through May 11, 2015.
The Applicant shall have the flexibility to make minor modifications to site design and
improvements shown on the GDP/PSP based on final engineering and design subject to
the approval of the Director of Community Development and Planning.
2. TRANSPORTATION
A. Main Street. Prior to site plan approval for the Application Property, the
Applicant shall dedicate right-of-way, approximately 7.5 feet in width, along the
Application Property's Main Street frontage to accommodate the minimum
required arterial right-of-way width as shown on the GDP/PSP.
B. Main Street Median. Subject to the approval of the Department of Public Works
and VDOT, and prior to the issuance of the first Residential Use Permit (RUP) on
the Application Property, the Applicant shall remove the existing left turn lane
from eastbound Main Street into the Application Property and install trees in the
median as shown on the GDP/PSP in accordance with City and VDOT standards
and subject to existing utilities. The Applicant shall install signs to preclude u -
turns for eastbound traffic on Main Street at the resultant median break subject to
VDOT approval.
C. Prior to the issuance of the first RUP, the Applicant shall restripe southbound Oak
Street at its intersection with Main Street to allow for one left turn lane and one
shared through/right turn lane, and remove/install applicable signs.
Page 2
3. STORMWATER MANAGEMENT
A. Design and construction of stormwater management facilities shall comply with
4VAC50-60 Virginia Stormwater Management Program (VSMP) Permit
Regulations, as may be amended. At time of site plan review, the Applicant shall
consider low impact development techniques beyond those shown on the
GDP/PSP to the extent feasible which may include, but not be limited to,
permeable pavers, infiltration, and/or bio -retention.
B. At the time of site plan review, the Applicant, within its discretion, may replace
the proposed above ground stormwater management (SWM) facility shown on the
GDP/PSP with landscaped open space provided that all State stormwater
requirements are met through other measures.
4, STREETSCAPE
A. Prior to the issuance of the first RUP for an elevatored multifamily building
located on the Application Property, the Applicant shall install a streetscape
generally consisting of landscaping, a minimum six (6) foot wide concrete
sidewalk, and acorn lights along the Application Property's Main Street frontage
as shown on the GDP/PSP and in accordance with the City's Public Facilities
Manual standards. The final streetscape design shall be approved at time of site
plan.
B. Prior to the issuance of the first RUP for a single-family attached dwelling unit
located on the Application Property, the Applicant shall install landscaping, which
shall incorporate existing trees, a minimum four (4) foot wide concrete sidewalk,
and decorative street lights along the Application Property's Oak Street frontage
as shown on the GDP/PSP. The final streetscape design shall be approved at time
of site plan.
C. Prior to the issuance of the first RUP for the Application Property, the Applicant
shall underground utilities located along the Application Property's Main Street
and Oak Street frontages and on the Application Property as shown on the
GDP/PSP. Existing utility poles shall be removed, relocated or remain as shown
on the GDP/PSP.
5. LANDSCAPING AND OPEN SPACE
A. Landscaping on the Application Property shall be in general conformance with
the landscape design shown on the GDP/PSP. Final selection of the type and
location of vegetation and the design of landscaped areas and streetscape
improvements/plantings shall be made as part of the site plan approval process.
B. The Applicant shall retain a certified arborist, landscape architect, or a registered
consulting arborist to develop a tree preservation plan for existing trees located on
the Application Property and shown on the GDP/PSP to be preserved. The tree
Page 3
preservation plan shall be prepared with the objective to achieve maximum
survival of the existing trees as shown on the GDP/PSP. The establishment and
care of a root zone treatment area for existing trees designated for preservation
shall be a priority. Recommended treatments designed to enhance root systems
shall be implemented and tree preservation activities shall include, but not be
limited to, soil treatments, fertilization, crown pruning, root pruning, construction
activity regulation, and mulching. Said tree preservation plan shall be submitted
at time of site plan.
C. Prior to the issuance of the final RUP, the Applicant shall install a
commemorative plaque related to Ratcliffe Plantation/Mount Vineyard at the
location as shown on the GDP/PSP. The text and/or graphics on the plaque shall
be prepared in coordination with Historic Fairfax City, Inc.
D. Prior to the issuance of the final RUP and subject to the receipt of permission
from the property owner at no cost, the Applicant shall install approximately ten
(10) trees, which shall be a combination of evergreens and deciduous trees, to
replace overstory trees located along the northern property line of the Application
Property. Said trees shall be planted on the north side of the retaining wall as
shown on the GDP/PSP. Evergreens shall be approximately 6 to 8 feet in height
and deciduous trees shall be approximately 2 % inch caliper at time of planting.
E. The Applicant shall coordinate phasing of landscaping and open space
improvements with the Department of Public Works at time of site plan review.
6. ARCHITECTURAL DESIGN
A. The architectural design and style of the buildings shall be generally consistent
with the conceptual elevations as shown on the GDP/PSP. The elevations may be
refined as a result of final design and engineering so long as the character and
quality of the buildings remain in substantial conformance with those shown on
the GDP/PSP. Building materials shall be predominately brick, cementitious
board, and may include other high quality materials as reviewed and approved by
the Board of Architectural Review (BAR). Architectural elements, such as varied
wall setbacks, balcony locations, roof embellishments, signs, building entries,
brick banding, soldier coursing and/or relief patterns, shall be incorporated into
the overall design to be presented for review and approval by the BAR.
B. All residential units shall comply with all applicable municipal, state and federal
accessibility and anti -discrimination requirements in place at the time of building
permit submission.
C. All townhomes and two -over -two units shall be equipped with fire sprinkler
systems, including attics.
Page 4
D. At time of site plan review, the Applicant shall identify accessible units in each
proposed building as required by the then, in place, applicable municipal, state,
and federal accessibility requirements.
E. Prior to the issuance of a building permit, the Applicant shall submit
documentation to the City that exterior materials and construction techniques are
effective in ensuring interior average noise levels of approximately 55 dBA
between 7:00 a.m. and 9:00 p.m. and approximately 45 dBA between 9:00 p.m.
and 7:00 a.m. for those buildings adjacent to Main Street.
7. PARKS AND RECREATION
The Applicant shall contribute the sum of fifty thousand dollars ($50,000.00) to Fairfax
City for recreation improvements. Said contribution may be reduced by an amount
equivalent to the cost of installing a trail connection from the existing sidewalk parallel to
Oak Street to Pat Rodio Park within existing dedicated right-of-way. If it is determined
at time of site plan that a trail connection is not feasible, and/or that off-site easements are
required, the Applicant shall contribute the total sum of fifty thousand dollars
($50,000.00) to Fairfax City that may be used for a future trail connection or for other
recreation improvements to Pat Rodio Park or in proximity to Pat Rodio Park within the
City's discretion.
8. SUSTAINABLE DESIGN
A. In order to promote energy conservation and green building techniques, the
Applicant shall incorporate energy saving devices which may include, but not be
limited to, use of ENERGY STAR® appliances, energy efficient mechanical
systems, recycling for occupant refuse, energy efficient lighting and insulation
that meets or exceeds applicable energy code requirements.
B. The Applicant shall install pervious pavers in the driveways of dwelling units
identified as 1-9, inclusive, and 33-68, inclusive, as shown on the GDP/PSP. The
type of pervious paver is subject to review and approval by the BAR.
9. TRANSPORTATION DEMAND MANAGEMENT STRATEGIES
In an effort to reduce the numbers of vehicle trips generated by the Application Property,
the Applicant shall implement Transportation Demand Management ("TDM") strategies.
These strategies will include, but not be limited to, the following:
A. Bicycle Facilities. Secure, enclosed bicycle storage facilities shall be available
for multifamily residents on the Application Property. A bicycle rack will also be
provided on the Application Property for site visitors. The Applicant shall
provide a minimum of one (1) outdoor visitor space per fifty (50) multifamily
units and one (1) indoor space per ten (10) multifamily units The Applicant shall
identify the location of bicycle storage facilities at time of site plan approval.
Outdoor bicycle racks are subject to review and approval by the BAR.
Page 5
B. Bus Shelter. Prior to the issuance of the first RUP for the Application Property,
the Applicant shall install a bus shelter along the Application Property's Main
Street frontage as shown on the GDP/PSP. Final design of the bus shelter is
subject to review and approval by the BAR.
C. Reduction of Single Occupant Vehicles. The Applicant shall provide initial
purchasers with information on local transit services, carpool programs and
ridesharing programs. In addition, at time of purchaser of each dwelling unit on
the Application Property, the Applicant shall provide the initial purchaser(s) of
the unit with a single prepaid transit card having a value of twenty-five dollars
($25.00).
10. AFFORDABLE HOUSING
Prior to issuance of the first RUP, the Applicant shall make a contribution to the City in
the amount of five hundred fifty thousand dollars ($550,000.00) for the purpose of
supporting housing affordability within the City.
11. TENANT RELOCATION
The Applicant shall provide for tenant relocation in accordance with the plan attached
hereto as Exhibit A.
12. ARCHAEOLOGICAL ASSESSMENT AND HERITAGE RESOURCES
A. Prior to any land disturbance on the Application Property, the Applicant shall
conduct a Phase I Archaeological Site Assessment in coordination with the City;
for certain areas located on the Application Property, subject to the provisions of
U.S. Department of the Interior Regulation 36 CFR, and provide the results of
such study to the City within thirty (30) days of completion. The Phase I study
shall include a metal detection survey of potentially undisturbed areas of the
Application Property, including the raised knoll in the center of the existing
courtyard on the Application Property. Upon request by the City within thirty
(30) days of submission of the Phase I Archaeological Site Assessment, the
Applicant shall conduct a Phase II Archaeological Site Assessment on only those
areas of the Application Property identified for further study. The study or studies
shall be conducted by a qualified archaeological professional approved by the
City Office of Historic Resources, and their review shall not delay
commencement of construction. All artifacts obtained from the Application
Property shall be submitted for review by the City Office of Historic Resources
which shall have the option of keeping such artifacts in the City archives.
B. Prior to the issuance of the first RUP, the Applicant shall contribute one thousand
eight hundred ($1,800.00) to Historic Fairfax, Inc. for the replacement of an
existing Mount Vineyard Plantation historical marker with a new sign that will
include modified text associated with "knoll" located on the Application Property
Page 6
C. Two (2) existing historic markers located in the right-of-way adjacent to the
Application Property may be temporarily removed by the Applicant and stored in
a protected and secure location for the duration of construction activity at their
respective locations. Said markers shall be reinstalled by the Applicant upon
completion of construction.
13. CONSTRUCTION MANAGEMENT
A. Prior to site plan approval, the Application shall submit a construction
management plan for approval by the City Manager, or designee, to address the
following:
(i) Hours of construction;
(ii) Truck routes to and from the Application Property;
(iii) Location of parking areas for construction employees;
(iv) Truck staging and cleaning areas;
(v) Storage areas;
(vi) Fencing details;
(vii) Trailer and sanitary facility locations;
(viii) Traffic control measures; and
(ix) Maintenance of entrances.
B. Prior to commencement of construction, the Applicant shall identify a community
liaison who will be available throughout the duration of construction on the
Application Property. The name and telephone number of the community liaison
shall be provided to community representatives living in proximity to the
Application Property, adjacent commercial property owners, a representative of
Paul VI High School, and the Department of Community Development and
Planning.
14. OWNERS ASSOCIATION
A. Formation of Condominium Owner Association and Homeowners Association.
(i) Prior to the issuance of the first RUP for the Application Property, the
Applicant shall establish a Condominium Owners Association (COA), as
necessary for each phase of owner -occupied condominium units in
accordance with Virginia law.
Page 7
(ii) Prior to the issuance of the first RUP for the Application Property, a
Homeowners Association (HOA) shall be established for the single family
attached dwelling units.
(iii) The COA and HOA documents shall provide for the granting of easements
by the respective Boards and not a majority vote of the residents.
B. Maintenance Obligations
(i) The COA and the HOA shall have specific land areas of the Application
Property within its boundaries, and shall assume all maintenance
obligations required by these proffers for infrastructure, including, but not
limited to, private streets, open space and landscaping, within those
boundaries.
(ii) Maintenance obligations may be shared by the COA and HOA pursuant to
a shared maintenance agreement.
(iii) Purchasers of individual condominium units and individual single family
attached units shall be advised prior to entering into a contract of sale, and
in the COA and/or HOA documents, that the COA and/or HOA shall be
responsible for those obligations listed in these proffers.
C. Disclosure
Purchasers shall be advised in writing prior to entering into a contract of sale and
in the COA documents and the HOA documents that the property to the north is
owned and occupied by the American Legion which periodically hosts events for
its membership and the community.
15. PUBLIC WORKS
Existing Sani Line. Prior to site plan approval for the Application Property, the
Applicant shall analyze approximately 1,350 feet of the receiving existing sanitary sewer
line located in Oak Street and on the north end of the American Legion property to
determine its condition and capacity. The condition analysis shall be conducted using
photographic equipment to observe cracks and significant wear. The results of the
analysis shall be provided to the Department of Public Works prior to site plan approval.
Upon receipt of the analysis, the Department of Public Works shall determine whether or
not any repairs or replacement is needed. The Applicant shall make any identified repairs
to the sanitary sewer line prior to the issuance of the first RUP on the Application
Property.
16. MISCELLANEOUS
A. Construction. The improvements described herein shall be constructed
concurrently with the development unless otherwise specified. Should any of the
improvements described herein be delayed due to circumstances beyond the
Page 8
Applicant's control, later dates for compliance may be permitted as determined
appropriate by the Department of Community Development and Planning, except
for those time limitations associated with special use permit and/or BAR
approval.
B. Successors and Assigns. These proffers will bind and inure to the benefit of the
Applicant and its successors and assigns.
(A0670825.DOCX / 1 Proffers - 05.26.15 (cln) (REVISED) 007167 000019)
[SIGNATURES ON NEXT PAGE]
APPLICANT/TITLE OWNER
OAK KNOLLS REALTY CORPORATION
By: Stephen A. Bannister
Its: President
[SIGNATURES CONTINUE]
CONTRACT PURCHASER
PULTE HOME CORPORATION
By: Pulte Diversified Companies, Inc.
its sole shareholder
By: Pulte Group Inc., its sole shareholder
By: fJ
Its: n dl
[SIGNATURES END]
EXHIBIT A
Tenant Relocation Plan
Redevelopment of Oak Knolls Apartments
For tenants in good standing at Oak Knolls, the following relocation measures will be provided:
1. Each tenant shall receive a written notice of the need to relocate from Oak Knolls
Apartments a minimum of one hundred twenty (120) days prior to the start of
construction and in accordance with all State and Federal requirements. This notice shall
be delivered to all tenants including those on month-to-month leases.
2. Tenants receiving the notice to vacate who are residents in good standing at that time will
receive a reimbursement for moving expense of $1,000.00 to help defray such costs.
This reimbursement will be paid after the notice to vacate has been delivered and to those
tenants requesting assistance.
3. A return of the security deposit posted by each tenant receiving a notice to vacate will be
processed within two (2) weeks upon request by the vacating tenant, and subject to
inspection of the unit.
4. To the extent possible, the management company for Oak Knolls Apartments will
provide an ongoing listing of available rental residential units in Fairfax County and/or
Fairfax City communities that are of a similar condition and price point as Oak Knolls
Apartments that will include Cardinal Court Apartments located in the City. Said listing
shall be available to relocating tenants who have been in good standing during residency
at Oak Knolls. In addition, tenants who have been in good standing during residency at
Oak Knolls will be given priority status if the tenants wish to relocate to Cardinal Court
Apartments.
5. As leases mature within 12 months of the anticipated construction start date, any new
leases will be executed on a month-to-month basis. No new month-to-month leases will
be entered into within three (3) months of the construction start unless the tenant
acknowledges in writing receipt of notification of impending construction and the need to
relocate.
{ A0670827.DOCX / 1 Exhibit A to Proffers - Tenant Relocation Plan - 05.26.15 (cln) 007167 000019 }