19970729 1997-13ORDINANCE NO. 1997-13
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF
FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-2, RESIDENTIAL, TO
PD(p), PLANNED DEVELOPMENT (WITH PROFFERS), "THE PROPERTY"
IDENTIFIED AS CITY OF FAIRFAX, TAX MAP PARCELS 57-4-((2))-143,
143A, A PORTION OF 145, and 145A.
WHEREAS, Diane Cox Basheer Companies, L.C., by Martin D. Walsh,
Attorney-in-Fact, submitted application No. Z-766-95-1 requesting a change
in the zoning classification from R-2 to PD(p) for the parcels identified
above, and more specifically described as follows:
Beginning at a point on the northerly line of Little River Turnpike (Route
236) marking the southwesterly corner of Ann Farr Lewis and Nancy R.
Rothrock; thence running with the northerly lines of Little River Turnpike
the following courses: N 73° 38'25" W, 258.07 feet; N 51° 20' 48" W, 54.04
feet; N 73° 38'25" W, 25.00 feet; S 67° 00'29" W, 32.33 feet and N 73° 38'25"
W, 656.46 feet to a point marking the southeasterly corner of Ann Farr
Lewis; thence departing Little River Turnpike and running with the
easterly and northerly lines of the said Lewis the following courses: N
12°23'00"E, 698.70 feet; N 61° 05'37"W, 179.66 feet; N 71° 40'26"W, 294.77
feet and N 28° 32' 06" W, 100.18 feet to a point marking an easterly corner
of Compson Development Limited Partnership; thence running with the
easterly lines of the said Compson Development Limited Partnership and
William Worsham N 01° 32' 57" W, 323.63 feet to a point on the easterly
line of Old Lee Highway (Route 237); thence running with the easterly line
of Old Lee Highway the following courses: with a curve to the left whose
radius is 558.64 feet and whose chord is N 41° 45' 16" E, 229.66 feet, an arc
distance of 231.31 feet; N 29° 53' 34" E, 565.34 feet and with a curve to the
right whose radius is 2486.75 feet; whose chord is N 33° 38' 13", 324.79 feet,
an arc distance of 325.02 feet and S 79° 25' 01" E, 8.94 feet to a point; thence
running with the easterly line of Old Lee Highway and continuing with the
southerly lines of the Assembly of God Church and the School Board of the
City of Fairfax, Virginia the following courses: S 67° 37; 11: E, 749.85 feet; N
09° 28' 55" W, 31.04 feet; N 68° 57' 02" E, 464.25 feet and S 78° 35' 52" E,
207.26 feet to a point marking the northwesterly corner of Parcel "C",
Section Six, Fairview; thence running with the westerly lines of Sections
Six, Five, Four and Three, Fairview the following courses: S 01° 52' 38" W,
1080.18 feet; S 81° 44' 10" W, 490.71 feet and S 05° 02' 17" W, 1003.17 feet to a
point marking the northeasterly corner of the aforementioned Ann Farr
Lewis and Nancy R. Rothrock; thence running with the lines of said Ann
Farr Lewis and Nancy R. Rothrock N 73° 40' 03" W, 3.06 feet and S 05° 02'
17" W, 212.14 feet to a point of beginning, containing 69.76983 acres of land.
WHEREAS, the City Council has carefully considered the application, the
recommendation of the Planning Commission and staff, and the testimony
received at the public hearing; and
WHEREAS, the City Council has determined that the proposed rezoning is
proper and in accordance with the Comprehensive Plan as well as with the
pertinent provisions set forth in the Code of Virginia and the Code of the
City of Fairfax, Virginia;
NOW THEREFORE BE IT ORDAINED, that the above-described property be
rezoned from R-2, Residential to PD(p), Planned Development with
proffers.
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BE IT FURTHER ORDAINED, that the above-described property be subject
to the following reasonable conditions authorized by City Code Section 26-6,
which are proffered by the applicant and property owners:
SEE ATTACHED PROFFERED CONDITIONS II (NO CONDOMINIUM)
DATED 7/29/97
BE IT FURTHER ORDAINED, that the above conditions, application
package and general development/preliminary site plan be approved, and
that waivers be granted pursuant to §26-143(e) pertaining to §21-7(a)(1) to
allow less than the 30 feet of pavement required for private accessways, to
§21-8(d) to allow construction without sidewalks on both sides of the street,
and to §26-141(e)(2) to allow construction without a commercial
component; and that variances be granted pursuant to §26-148 pertaining to
§26-141(b) to allow less than the required 20 feet of open space around the
external walls of any structure and to §26-141(g) to allow a fence within 25
feet of the right-of-way line.
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 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.
The vote to adopt was approved 4-2, recorded as follows:
Present
Vote
Anthony Coughlan
Jeffrey Greenfield
Julia Lyman
Philip Samuel Mershon
Gary James Rasmussen
Richard Scott Silverthorne
No
Aye
No
Aye
Aye
Aye
Planning Commission hearings: May 12 and May 28, 1997
City Council hearing: June 10, 1997, Iuly 8, 1997 & July 29, 1997
Adopted: July 29, 1997
Mayor
Date
ATTEST:
C~rk
1997-13
DIANE COX BASHEER COMPANIES, L.C. ("Basheer")
PROFFERED CONDITIONS
H (NO CONDOMINIUM)
July 29, 1997
Pursuant to Section 15.1-49 l(a) of the 1950 Code of Virginia, as amended, and Section 26-
6(b) of the Zoning Ordinance of the City of Fairfax, Virginia, Basheer ("Applicant"), Ann Farr Lewis,
Laura E. Behm, and Kathleen E. Whatley ("Owners"), and each of their successors and assigns agree
that the development of the property that is the subject of an application for Zoning Map Amendment
Z-766-95-1 filed by Basheer, dated November 14, 1995, as amended, and shown on City of Fairfax
Tax Map 57-4 ((2)) 143, 143A, part 145, and 145A ("Property"), will be in accordance with the
following Proffered Conditions if the Zoning Map Amendment is granted and the Property is rezoned
to the PD(p) (Planned Development with proffers) District in accordance with Applicant's General
Development Plan/Preliminary Site Plan dated November 14, 1995, as amended through July 29,
1997, showing up to 276 units. The proffered conditions are:
GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN. The general
character of the development of the Property shall be in substantial conformance with the
General Development Plan/Preliminary Site Plan (GDP/PSP) entitled "Farrcrot¥', dated
November 14, 1995, as amended through July 29, 1997, prepared by Dewberry & Davis.
I.,a2NDSCAPING. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with the Landscape Plan dated November 14, 1995, as amended through July 25,
1997 (including streetscaping for Old Lee Highway, Main Street and internal roadways)
subject to Board of Architectural Review approval.
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The Applicant shall, at its sole expense, construct an entry feature at its Main Street
entrance in substantial conformance with the Farrcrot~ "Entry Feature" prepared by
Burke Smith Architects and attached as Exhibit 1, subject to Board of Architectural
Review approval. Such entry feature shall be constructed by the issuance of the 20th
occupancy permit for Phase I.
The Applicant shall, at its sole expense, construct an entry feature at its primary Old
Lee Highway entrance in substantial conformance with the "Farrcrofi/Old Lee
Highway Entry Feature" prepared by Crispin Design Studio and attached as Exhibit
2-A subject to Board of Architectural Review approval. Such entry feature shall be
constructed by the issuance of the 20th occupancy permit for Phase III.
The Applicant shall, at its sole expense, construct an entry feature at the entrance to
Phase IA on Old Lee Highway in substantial conformance with the
"Condominium/Old Lee Highway Entry Feature" prepared by Crispin Design Studio
and attached as Exhibit 2-B subject to Board of Architectural Review approval. Such
entry feature shall be constructed by the issuance of the 10th occupancy permit for
Phase IA.
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The Applicant shall, at its sole expense, utilize special paving materials acceptable to
the Director of Public Works, at the Property's entrances and at key locations as
shown on the GDP/PSP.
The Applicant shall provide landscaped areas within the private streets and proposed
cul-de-sacs as shown on the GDP/PSP and the Landscape Plan, each dated November
14, 1995, as amended through July 25, 1997.
Subject to approval by the City of Fairfax Department of Public Works, the Applicant
shall, at its sole expense, install textured crosswalks at the intersections of Roberts
Road and Main Street and Layton Hall Road and Old Lee Highway as shown on the
GDP/PSP. The timing of the installation of textured crosswalks shall be tied to
completion of the improvements at Main Street and Old Lee Highway entrances to
the community, i.e., prior to issuance of the 20th occupancy permit in Phase I and
Phase III, respectively, weather permitting.
The Applicant shall, at its sole expense, install lighting along the Property's Old Lee
Highway and Main Street frontages, in accordance with City standards.
TREE PRESERVATION. The Applicant shall preserve trees on the Property as shown on
the Tree Preservation Plan prepared by Dewberry & Davis dated July 25, 1997. Specifically:
Eastern Boundary. The Applicant shall preserve trees along the Property's eastern
property line with Falrview community through the establishment of limits of clearing
and grading and other tree preservation techniques described in Proffer 5.
Stream Valley. The Applicant shall preserve trees within the stream valleys associated
with Daniel's Run and the unnamed tributary to Daniel's Run which lie within the
Property. However, it is understood that trees will be disturbed within the stream
valley in order to provide necessary utilities, streambank restoration and the
improvements as shown on the GDP/PSP subject to the review and approval of the
Director of Community Development and Planning. In making these necessary
improvements, care shall be exercised to minimize disturbance to trees. In addition,
the Applicant may remove dead, dying or diseased trees with the prior approval of the
Zoning Administrator.
The Applicant shall preserve specific trees in the following areas as identified on the
Tree Preservation Plan:
The specimen White Oak Tree and other significant trees in the Oak Hill Park
Area.
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ii. Trees along the Property's northern boundary adjacent to the proposed trail.
iii. Significant trees on the grounds immediately surrounding the Farr House.
iv.
A cluster of trees in the southeastern portion of the application property
adjacent to Main Street.
A cluster of trees in the eastern portion of the Property adjacent to Fairview
Section IV, lots 27-33.
vi. Other individual trees on the Property.
The Applicant shall field-identify individual trees shown on the Tree Preservation Plan
for preservation prior to commencement of clearing and grading and at all times
during construction. Clearing limits around such trees shall be fenced prior to clearing
and grading and at all times during construction. The Applicant shall employ other
means reasonably necessary to mitigate the impacts of clearing and grading including
but not limited to, flagging, pruning and fertilization. Further, the Applicant shall
designate an individual well versed in tree preservation to oversee the clearing and
grading activities near preservation areas and ensure continual protection of the trees.
The Applicant shall post a bond or a letter of credit in the amount of $75,000 for the
preservation of trees prior to commencement of construction on the site. This surety
shall stay in effect through release of the final bonded section, although individual
trees shall be released at the conclusion of each bonded section. At the time of bond
release for each section, the trees will be inspected by the City and an ISA-certified
arborist retained by the Applicant and approved by the City.
If an individual key tree exhibits evidence of construction related damage, that
tree shall remain under bond for an additional two years to assess its prospects
for survival and the Applicant shall utilize good horticultural practices in an
effort to restore the health of the tree.
ii.
Should any existing individual tree shown on the Tree Preservation Plan not
survive the bonding period due to the impact of construction, the Applicant
shall replace such tree as follows:
For a tree up to five (5) inches in caliper failing to survive, one (1) tree
with a caliper of not less than 3½ inches shall be provided;
For a tree between five (5) and sixteen (16) inches caliper failing to
survive, two (2) trees with a caliper of not less than three and a half
(3 ½) inches shall be provided;
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For a tree with a caliper of sixteen (16) inches or greater failing to
survive, three (3) trees with a caliper of not less than four and a half
(4~,4) inches shall be provided;
In general, the replacement trees shall be the same species of the
failing tree except that the Applicant may substitute trees of different
species with the advice and consent of the Zoning Administrator.
The Applicant shall record a conservation easement along the Property's northern
boundary, a conservation easement for the Daniel's Run Stream Valley, and public
access easement for the complete hike/bike trail prior to site plan approval for Phase
I of the development. A twenty-five (25) foot wide conservation easement on HOA
owned and common area along the Property's eastern boundary adjacent to Fairview
Section IV, lots 27-33 as shown on the GDP/PSP, as well as a conservation easement
and public access easement for Oak Hill Park shall be recorded with the record plat
for each phase of construction contiguous to that section of conservation area.
Purchasers shall be so notified of these easements in all sales contracts. It shall be
understood that improvements shown on the GDP/PSP and described in these proffers
within these conservation easements are permitted, and on-going maintenance of these
improvements is an acceptable component of the conservation easements.
The Applicant shall work with the City to identify additional trees during the site plan
approval process, that may reasonably be preserved in common areas or on individual
lots in compliance with the GDP/PSP.
TREE RELOCATION/REFORESTATION. Prior to any site disturbance activities on the
Property, the Applicant shall identify existing, quality vegetation suitable for transplanting
elsewhere on the Property. The Applicant shall develop and implement a transplanting plan,
which shall provide for:
the relocation of a minimum of fifty (50) trees within the Property which shall be a
minimum size of 4-inch caliper for shade trees and a minimum of 3-inch caliper for
flowering, ornamental, or evergreen trees;
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emphasis on relocating trees in areas along the Property's eastern perimeter where no
significant trees exist to be preserved, in the rear yards of proposed interior lots which
back onto other proposed rear yards, and in pocket park areas and other common
areas throughout the Property;
an on-site nursery to temporarily store and maintain trees to be replanted; and
the Applicant shall provide a reforestation plan to the City for the unforested area of
Daniels Run where the tributaries of Daniels Run merge.
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EASTERN PROPERTY BOUNDARY. Along the Property's eastern boundary adjacent
to the Fairview community, the Applicant shall:
Establish limits of clearing and grading a minimum of twenty-five (25) feet west of the
common property line with Fairview as shown on the GDP/PSP. In those few areas
where there are no significant trees within twenty-five (25) feet of the common
property line, no limits of clearing and grading are shown on the GDP/PSP, in order
to permit the necessary cleating and landscaping to provide an effective buffer.
Efforts shall be made to relocate existing trees consistent with proffer 4 above in this
area where there are no significant trees.
Limits of clearing and grading shall be marked on the ground with an orange snow
fence or equivalent demarcation prior to clearing and grading and at all times during
construction. Within the established limits of clearing and grading, the only
disturbance permitted shall be the installation offences, retaining walls necessary to
save trees, necessary utilities, the clearing of overgrown understory and ground
vegetation, the cleating of dead, dying and diseased vegetation, and the planting of
supplemental vegetation to provide screening. In addition, the Applicant shall work
with the individual property owners of the adjacent Fairview lots to trim trees and
vegetation in the preservation area that negatively infringe on the Fairview lots.
The Applicant shall place a conservation easement on this preservation area along the
eastern perimeter as shown on the GDP/PSP, thereby restricting the removal,
relocation or destruction of trees in this preservation area. This area shall be owned
by the Farrcroft HOA, and shall not be used for recreational purposes, but rather shall
be left in its natural state, with access permitted for maintenance purposes only.
Prospective purchasers of Farrcroft lots adjacent to this easement shall be notified of
this conservation easement prior to entering into any sales contract.
Seek to preserve additional individual significant trees which are located outside of,
but close to, the limits of clearing and grading as shown on the Tree Preservation
Plan. Working with the City staff, trees with a high probability of survival shall be
identified and reasonable efforts shall be made to ensure their preservation. Such
reasonable methods shall include the use of tree wells and retaining wails in
conformance with good horticultural practices, so long as said methods do not hinder
or preclude house construction on any lot.
Provide supplemental landscaping along the common property line as shown on the
GDP/PSP to ensure an effective buffer.
Install a continuous fence on the Property's eastern boundary as shown on the
GDP/PSP. The fence shall be an open style designed to define the boundary yet
allow visual enjoyment of the conservation easement area by residents of Fairview.
1997-13
To accommodate Fairview property owners with special fencing needs, i.e. residents
with children or pets, provisions shall be made to add a wire mesh element to the open
fence design.
A fence shall also be installed on the western boundary of the conservation easement
as shown on the GDP/PSP. The design of that fence shall be determined by the
Applicant in consultation with the individual Farrcroft homeowners.
Both above-referenced fences shall be installed in phases, concurrent with contiguous
residential development. Access for maintenance purposes only shall be provided via
locked gates at points to be determined at each phase of installation.
Establish a building setback a minimum of fifty (50) feet west of the common property
line with the Fairview community for lots that border Fairview. Within this fifty (50)
foot setback, no residential buildings and/or garages shall be permitted; however, this
restriction shall not preclude the construction of open decks, areaways, stoops, bay
windows, chimneys, cantilevers, loggias, and patios per the building envelope within
the area between the building setback and the conservation easement described in
proffer Sa.
Ensure that grading and development activities on Farrcroft do not create drainage
problems for adjacent property owners in Fairview.
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RECREATION. The only community facility for the exclusive use of the Farrcroit residents
shall be the pool facility. The Applicant shall provide the following community recreational
facilities as depicted on the GDP/PSP:
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Oak Hill Park which will include walking paths, a substantial tree stand, grassy play
areas, and a seating pavilion.
b. A community pool with pool house and pool pavilion;
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Other pocket parks as shown on the GDP/PSP providing passive recreational
opportunities;
d. Two (2) tot lots;
The Daniels Run Park which will include a trail, bike transit station, picnic area, and
open play area as described in Proffer 8d and the "Overlook" seating pavilion within
the Daniels Run stream valley, as shown on the Landscaping Plan dated November
14, 1995, as amended through July 25, 1997. The Applicant agrees to convey the
open space shown in Daniels Run as indicated on the GDP/PSP to the City in either
fee or perpetual easement for passive recreational use and the active uses shown on
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the GDP/PSP. This area shall be known as the "Daniels Run Park" unless determined
otherwise by the City Council. The determination as to whether the area shall be
owned by the City in fee or easement shall be made by City Council. Also, if
additional active recreational uses other than those shown on the GDP/PSP are
proposed for Daniels Run Park, then those uses shall be the subject of agreement
between the Applicant, City Manager, and City Attorney.
Seating areas along the trail adjacent to the Farrcrofl Pond to permit viewing and
scenic enjoyment of the pond; and
FARR HOUSE. The Applicant agrees to restore the Farr House, subject to review and
approval of the Director of Community Development and Planning to ensure restoration that
is respectful of this resource, and maintain the gardens surrounding the Farr House. The
Applicant intends to utilize the Farr House as a community center for the project and
periodically make it available for outside uses such as City Festival functions, weddings,
citizen meetings, etc. The Farr House shall be maintained by the Association as a community
center for Farrcroft and for community uses by the City as mutually agreed (with the City's
understanding that its principal use is as an association feature and that community use should
be reasonable in that context). The Applicant agrees to provide a covenant stating that should
the Association decide that it no longer wishes to maintain the Farr House as a community
center for the project, the Association agrees to transfer title of the property to the City, at
no cost to the City, at the City's option. The Applicant further agrees to provide a restrictive
covenant which prohibits the sale of the Farr House to anyone other than a non-profit or
public successor in interest acceptable to the City for community purposes (should the City
decline acceptance of the property.) In addition, the Applicant agrees to permit limited tours
of the Farr House to be conducted by Historic Fairfax City, Inc. CHYCI'') . In addition, the
Applicant shall restore the exterior facade of the structure which is currently on the site
known as "Grandma's Cottage" ("the Cottage") and shall either leave the Cottage at its
current location, or relocate the Cottage on the Property in the location shown on the
GDP/PSP, or to another alternative location off-site satisfactory to the Applicant and the City.
SIDEWALK AND TRAILS.
The Applicant shall construct a four (4) foot brick sidewalk along the Property's
frontage with Old Lee Highway. This sidewalk shall be constructed along the
frontage of Phase 1A prior to the issuance of a certificate of occupancy for the 10th
dwelling unit in Phase IA, with the remainder of the sidewalk constructed prior to the
issuance of the occupancy permit for the 10th dwelling unit in Phase III.
The Applicant shall repair or replace damaged portions of the existing sidewalk along
the Property's Main Street frontage, as determined necessary by the City.
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The Applicant shall provide sidewalks and pathways throughout the Property as
depicted on the GDP/PSP.
The Applicant shall construct an eight (8) foot wide hike/bike trail through the Daniels
Run Stream Valley and along the northern Property boundary as shown on the
GDP/PSP. Within the trail system on the property, the Applicant shall provide an
intermodal transfer station (a.k.a. a bike stop) for persons utilizing the trail system to
park bikes in general conformance with the design depicted on Transit Station exhibit
prepared by Dewberry & Davis and dated August 7, 1996. The on-site trail shall be
built in phases, concurrent with contiguous residential development. The trail around
the pond and along the northern boundary shall be constructed and open to the public
prior to the first occupancy permit for Phase III. Maintenance of this on-site trail shall
be the responsibility of the Applicant, the HOA, or the City at the City's sole
discretion. The surface of the trail shall be mutually agreed upon by the Applicant and
the City.
The Applicant, at its sole expense, shall design and construct an eight (8) foot wide
hike/bike trail on the school property, identified as 57-2 ((2)) 182, as shown on the
GDP/PSP, provided all necessary off-site easements are made available at no cost to
the Applicant. This trail connection shall be constructed by the Applicant in
conjunction with the construction of the trail segment along the northern Property
boundary from the northeast corner of the site to Old Lee Highway as described in
Proffer 8d above, provided the required easement is made available to the Applicant
during construction of this trail segment and the Farrcroft Pond is completed. If the
easement for the trail connection is provided to the Applicant following construction
of this trail segment, construction of the off-site connection shall take place as soon
as the easement is made available, but no later than the issuance of the final occupancy
permit for the development.
Should the City decide it is appropriate, the Applicant, at its sole expense, shall design
and construct an eight (8) foot wide hike/bike trail from the "Overlook" pavilion in
Daniels Run Park to the property boundary with the adjacent Compson Property
(Fairfax Commons) as shown on the GDP/PSP. The Applicant shall, at the City's
discretion, continue this trail across the Compson Property to Old Lee Highway
provided the necessary easements are provided at no cost to the Applicant. Said trail
construction shall occur concurrent with contiguous residential development. In the
event the City has not decided whether this trail extension and connection is desired
prior to completion of the Application Property, the Applicant shall escrow $10,000
with the City for future construction of this trail.
The Applicant shall record public access easements for trails, private streets, and
sidewalks within Farrcroft, for the seating in the landscaped areas around Farrcrofi
Pond, and for Oak Hill Park and its landscaped seating areas.
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10.
Applicant agrees to provide an off-site trail easement twelve (12) feet in width from
the Overlook pavilion in a southward direction over that parcel identified as Tax Map
57-4 ((2)) 144 to the northern boundary of that parcel identified as Tax Map 57-4
((2)) 144B for future construction by the applicant of an eight (8) foot trail on the
west side of Daniels Run immediately adjacent to the Compson Property line prior to
completion of Phase II or at such time as the trail connects across the intervening
parcel to Main Street at the Applicant's discretion. As a condition of the granting of
that easement, it is hereby agreed that a six (6) foot board-on-board fence shall be
provided along the entire eastern border of the trail on that parcel identified as Tax
Map 57-4 ((2)) 144 and the trail and the fence shall be maintained by the City. If the
trail is not installed prior to the completion of Phase II, the Applicant shall provide a
$15,000 contribution to complete this off-site trail..
ARCHITECTURAL DESIGN. The building elevations prepared by Lessard Architects and
Burke Smith Architects attached as Exhibits 3 through 8, with the exception of the
condominium elevation, are provided to illustrate the architectural theme and design intent
of the community and its individual neighborhoods. The architectural design of the proposed
residences and community buildings shall generally conform with the character and quality
of these illustrative elevations, but the Applicant reserves the right to modify these elevations
based on final architectural design and Board of Architectural Review approval. The building
materials of all exposed principal facades immediately adjacent to public streets surrounding
Farrcrof~ shall be brick/stone/stucco except architectural appurtenances, detailing and/or
accents. The front and side facades of all units shall be constructed of brick/stone/stucco
except architectural appurtenances, detailing and/or accents. All chimneys and exposed
foundations shall be constructed of brick, stone or stucco. Neither aluminum or vinyl siding
shall be utilized on any of the structures built on the Application Property. Applicant agrees
to offer units for sale with the option for brick, stone and stucco on all four sides at the
purchaser's expense.
TRANSPORTATION IMPROVEMENTS. The following transportation improvements
shall be constructed within the existing right-of-way along the frontage of the Property or
from dedicated right-of-way, and provided that no off-site right-of-way acquisitions shall be
required of the Applicant for the said transportation improvements.
a. Main Street/Roberts Road. The Applicant shall, at its sole expense, provide the
following improvements to the Main Street/Roberts Road/Property Entrance
intersection as shown on the GDP/PSP, subject to approval of the City Director of
Public Works:
i. construction of a right turn lane from westbound Main Street into the
Property;
ii. construction of a left turn lane from eastbound Main Street into the Property
within existing right-of-way as shown on the GDP;
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iii.
installation of right turn only signs for northbound Roberts Road at the
approach to Main Street;
iv.
installation of a traffic signal with a pedestrian-activated cycle; the timing of
the installation of this signal shall be determined by the City;
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channelization of the Main Street/Property Entrance exit onto Main Street so
as to prohibit southbound movements from the Property's Main Street
entrance onto Roberts Road such that only a right turn or a left turn is
permitted; and
vi.
installation of a City-standard bus shelter on the south side of Main Street near
Roberts Road, provided the necessary easement or right-of-way is available
at no cost to the Applicant. In the event the necessary easement or right-of-
way is not available at no cost to Applicant, the Applicant shall contribute
funds to the City for the cost of constructing a bus shelter.
The above-referenced improvements shall be designed and bonded with site plan
approval for Phase I and constructed prior to the issuance of a certificate of
occupancy for the 20th dwelling unit in Phase I except for iv, the timing of which is
to be determined by the City.
Old Lee Highway/Layton Hall Drive. The Applicant shall, at its sole expense,
provide the following improvements to the Old Lee Highway/Layton Hall
Drive/Farrcroft Property Entrance intersection as shown on the GDP/PSP, subject to
approval of the City Director of Public Works:
construction of a left turn lane from southbound Old Lee Highway into the
Property with a minimum of 200 feet of vehicular storage space;
ii.
restriping of the left turn lane of eastbound Layton Hall Drive at Old Lee
Highway as a shared through/left lane;
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construction of the outbound Farrcroft Property Entrance approach to Old
Lee Highway/Layton Hall Drive with a left turn movement and a shared
through/right movement;
iv.
construction of a right turn lane for northbound Old Lee Highway traffic into
the Farrcroft Property Entrance;
modification of the existing signal and modification of the existing pedestrian-
activated signal to accommodate the addition of the Farrcroft Property
Entrance in the existing intersection (it shall be understood that the specific
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11.
modification and timing of this signal shall be determined by the City Public
Works Department in order to maximize the efficiency of the adjoining road
network); and
vi. installation of a City-standard bus shelter at Layton Hall Road for CUE.
The above-referenced improvements shall be designed and bonded with site plan
approval for Phase III and constructed prior to the issuance of a certificate of
occupancy for the 20th dwelling unit in Phase III, except for v, the timing of which
is to be determined by the City.
Old Lee Highway and Phase IA Site Access. The Applicant shall construct the
entrance to the Phase IA site as shown on the GDP/PSP, subject to final engineering
and approval by the Director of Public Works. The Applicant shall construct a left-
turn lane within the existing right-of-way on Old Lee Highway at the Phase IA
entrance and extend the existing median strip as indicated on the GDP/PSP. Such
improvements shall be designed and bonded with site plan approval for Phase IA and
constructed prior to the issuance of the first occupancy permit for Phase IA.
All off-site transportation improvements shall become the property of the City at the time of
acceptance of such improvements by the City.
PRIVATE STREETS. The Applicant shall construct at its sole expense private streets, with
pavement widths as shown on the GDP/PSP. All private streets shall be constructed
(subgrade and pavement thickness) to City of Fairfax standards as specified in The Thickness
Design of Asphalt Pavements for Highways and Streets, prepared by The Asphalt Institute
dated February, 1991. The Applicant shall provide a public ingress/egress easement for all
private streets and adjacent sidewalks. It is hereby understood that the Fire Department and
the Police Department shall have the same use of the private streets as they have on public
streets including enforcement of any and all applicable City Ordinance.
The Applicant shall design and install traffic control features to be located as shown on the
GDP/PSP. These features shall be designed to prohibit through movements from Old Lee
Highway and Main Street by non-residents of Farrcroft between the hours of 6:00 a.m. to
9:00 a.m. and 4:00 p.m. to 7:00 p.m., but shall permit residents of Farrcroft to travel freely
through the community by the use of activators issued by the HOA. The design of said
features shall be in general conformance with the conceptual design shown on Exhibit 9. The
features shall be installed and activated during Phase III prior to the opening of the connection
between Old Lee Highway and Main Street. At the discretion of the City Council, the hours
of activation may be extended or reduced in response to such requests by the Farrcroft
Homeowners Association.
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12.
13.
14.
STORM WATER MANAGEMENT/BEST MANAGEMENT PRACTICES. The
Applicant shall construct, in conjunction with the construction of the Old Lee Highway
entrance road to the Property, a Regional Stormwater Management (SWM) and Best
Management Practices (BMP) wet pond in the general location shown on the GDP/PSP.
The Applicant shall design and bond the pond with approval of the site plan for Phase I. The
Applicant shall begin construction of the pond prior to the issuance of the 70th occupancy
permit on the Property and shall construct the pond prior to issuance of the first occupancy
permit in Phase III. This wet pond shall be constructed in substantial conformance with
Option 3 (max 2-yr der) of the preliminary SWM study as prepared by Dewberry & Davis,
dated March 6, 1996, and revised March 28, 1996, and the Engineering Guidelines for the
Fart Tract SWM Project as prepared by the City of Fairfax Department of Public Works,
dated June 27, 1996. Design of the proposed wet pond shall be subject to the review and
approval of the Director of the Department of Public Works prior to construction. The
proposed pond will be owned and maintained by the Farrcroff Homeowner's Association.
Said maintenance shall include an annual inspection by a qualified engineer to determine the
need for additional maintenance. The results of the inspection shall be provided to the
Department of Public Works. The pond will be landscaped and surrounded by decorative
metal fencing coordinating with the fencing on the entrance features in general conformance
with the "FarrcrofVOld Lee Highway Entry Feature" design (Exhibit 2). A locked entrance
gate will provide access for maintenance.
OFFSITE STORM DRAINAGE INFRASTRUCTURE IMPROVEMENTS. The
Applicant shall, in conjunction with the construction of the proposed right turn lane into the
Property from westbound Main Street, extend the existing box culvert which currently
outfalls under Main Street. In addition, this proposed extension shall be designed and
constructed to accommodate all existing storm drainage structures and shall accommodate
ultimate build-out as currently zoned which currently drain to this outfall, and shall be
extended to a point where an adequate outfall exists as determined by the Director of the
Department of Public Works.
STREAMBANK RESTORATION AND STABILIZATION. The Applicant shall perform
streambank restoration and stabilization for all portions of Daniel's Run, and the Unnamed
Tributary to Daniel's Run, which lie within the Property. On-site restoration and stabilization
shall be undertaken coincident with each contiguous phase of development, but shall be
complete prior to the issuance of the first occupancy permit for Phase III. In addition, the
Applicant will perform streambank restoration and stabilization for that portion of Daniel's
Run located on Tax Map 57-2 ((1)) 144, from the common property boundary to the existing
box culverts. Restoration and stabilization on Parcel 144 shall be complete prior to
completion of Phase II. Applicant shall design and bond all proposed streambank restoration
and stabilization with approval of the site plan for Phase I.
The restoration and stabilization shall be designed and constructed in substantial accordance
with the Stream Restoration and Soil Bio-Engineering Guidelines as prepared by the City of
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Fairfax Department of Public Works, dated June 27, 1996. The design of the streambank
restoration and stabilization shall be subject to the approval of the Director of the Department
of Public Works.
15.
UTILITIES. The Applicant agrees to contribute the sum of $491,000 to the City of Fairfax
to be used for underground placement of existing overhead utility lines along portions of the
Property's frontage on Main Street or Old Lee Highway, at the City's discretion, subject to
approval of the Director of Public Works. Payments shall be made on a pro rata basis at the
time of the issuance of building permits for each dwelling unit. At the time the contribution
is required, the amount shall be adjusted upward or downward on an annual non-compounded
basis to account for changes in the Construction Cost Index as published in the Engineering
News Record (published by McGraw Hill) which may have occurred since the approval date
of the Rezoning. These monies shall be placed in escrow by the City in an interest bearing
account to be used solely to underground such existing overhead utilities within seven (7)
years from the date of the issuance of the final building permit. At that time, the City shall
either designate the construction of other improvements which will directly benefit the
Property, subject to the Applicant's concurrence or the escrowed funds and accumulated
interest shall be returned to the Applicant.
The Applicant shall install underground conduit at the entrances on Main Street and Old Lee
Highway to facilitate the future placement of utilities underground, subject to review and
approval of the Director of Public Works.
16.
COMMUNICATIONS TECHNOLOGY. The Applicant shall make available to purchasers
of all homes in Farrcroft on an optional basis the following home features and shall display
such features in the model homes/sales offices:
Multiple telephone lines using wiring of a quality sufficient to transmit data to
telephones, facsimile machines, modems, and/or similar communications equipment
in the homes.
ii.
Dedicated circuits to serve electrical power needs of home office equipment and/or
family computer work spaces.
nl.
Home security systems and/or wiring network systems for distribution of other data
throughout the home.
17.
iv. Empty wiring conduits installed in the walls of the home for the purpose of
accommodating future wiring which may be desired by the homeowners after
construction.
PHASING PLAN. The Applicant agrees to the following preliminary phasing plan. While
it is the intent of the Applicant to develop the Property in the following manner, modifications
may be made to accommodate good engineering practices, marketing concerns, and other
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1997-13
construction related issues. The phases relate to house, roadway, landscaping, and amenity
construction and it is understood that other land development activities outside a given phase,
including but not limited to, utility installation and earthwork will take place as necessary to
construct phases currently under construction.
ao
Phase I. Phase I will include construction of the Main Street entrance and the
entrance road into the Property to beyond The Oval feature shown on the GDP/PSP.
Phase I will include three (3) land bays and model areas for Village Homes,
Courtyard Homes (plex) and Manor Homes. Also included in Phase I will be
construction of the entrance feature consisting of the brick wall with ornamental iron
detail and restoration of the Fart House gardens, landscaping of The Oval and
construction of the tot lot adjoining the stream valley. Infrastructure and amenities
identified herein shall be complete prior to the issuance of occupancy permits for fifty
percent of the dwellings in Phase I, weather permitting.
Phase I-A. With land development underway on Main Street Phase I-A will begin
with the entrance on Old Lee Highway, followed by land development and
construction of the section. This phase will also include relocation of"Grandma's
Cottage". The 01d Lee Highway entrance and relocation of Grandma's Cottage shall
be complete prior to the first occupancy permit for dwellings in Phase IA.
Phase Il. This phase will complete the remaining portion of the Southern Courtyard
Homes, restoration of the Farr House, "Ballynahown", gardens, and Grandma's
Cottage as indicated on the GDP/PSP. Phase II will also include extending the Main
Street entrance road until it intersects with the Greenway, allowing construction of
Village Homes adjacent to Fairview, and construction of both Manor and Village
Homes at Oak Hill Park. Infrastructure and amenities identified herein shall be
complete prior to the issuance of occupancy permits for fifty percent of the dwelling
in Phase II, weather permitting.
Phase III. This Phase will include the entrance on Old Lee Highway with its brick
entrance features and bridge detail. This Main road will continue until it intersects
The Greenway, allowing construction of Manor Homes, Village Homes and
Courtyard Homes. Village Homes adjacent to Fairview will also be included in this
Phase as well as construction of the Pool Facilities. Infrastructure and amenities
identified herein shall be complete prior to the issuance of occupancy permit for fifty
percent of the dwellings in Phase III, weather permitting, with the exception of the
pool facilities, which shall be complete prior to the occupancy permit for the 275th
dwelling on the Property.
Phase IV. Phase IV will include Manor Homes by The Pond and on the cul-de-sac
along the stream valley as well as Village Homes in the northeast portion of the
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community, and the Tot Lot adjacent to the trail. The tot lot shall be complete prior
to the issuance of occupancy permits for fifty percent of the dwellings in Phase IV.
18.
CONSTRUCTION MANAGEMENT PLAN. Subsequent to rezoning approval but prior
to site plan approval, the Applicant agrees to submit a management plan for approval by the
City Manager or designee for construction which will include the following information:
a. Hours of operation;
b. Truck routes to and from entrances;
c. Location of parking areas for construction employees;
d. Truck staging and cleaning areas;
e. Storage areas;
Fencing details;
g. Trailer and sanitary facility locations;
h. Traffic control measures; and
i. Maintenance of entrances.
The Applicant shall take every reasonable step to discourage construction traffic through
nearby single-family neighborhood communities.
The Applicant shall provide cash, bond or letter of credit in the amount of $30,000 to provide
for any damage to the road system fronting the Property (i.e., Main Street and Old Lee
Highway) due to construction traffic. A joint inspection with the Department of Public
Works of the condition of such roads will be made prior to the start of construction.
The Applicant shall provide a plan for phased construction of the development one month
prior to beginning of construction to include the timetable for public and site improvements
and plans for any ancillary facilities such as sales or construction trailers.
The Applicant shall provide and maintain useable access to construction sites at all times
during construction. Useable access shall be defined as compacted access during construction
of home foundations and utilities. A firm stone and/or asphalt roadbed which provides
adequate vehicular access for fire and emergency vehicles shall be installed prior to the
delivery of combustible materials to the site.
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1997-13
Construction activity shall be limited from 7:00 AM to 6:00 PM. No construction activity
shall take place in Sundays.
The water and sewer main must be accepted prior to the lateral being constructed to the
homes. All such work shall be closely coordinated between the Applicant and the City.
19.
The Applicant shall identify a person who shall serve as liaison to the community throughout
the duration of construction. This individual or assignee shall be on the construction site
throughout the hours of construction, including weekends. The name and telephone number
of this individual shall be provided in writing to residents and business owners whose property
abuts the site, and to the Zoning Administrator. The telephone number of this individual shall
be posted at the entrance of the community.
The Applicant shall provide a plan for temporary pedestrian and vehicular circulation during
construction. This plan shall identify temporary sidewalks and any other feature necessary
to ensure safe pedestrian and vehicular travel around the site during construction. The plan
shall be provided to the Department of Community Development and Planning prior to site
plan approval for each phase of development.
ARCHAEOLOGICAL STUDIES. The Applicant has provided archaeological studies to
the City of Fairfax. The Applicant agrees to commission further archaeological investigation
on areas around the Wilson Fart House prior to earth moving or restoration. Restoration of
the Wilson Farr House and Grandma's Cottage shall be subject to review and approval of the
Director of Community Development and Planning. The scope of restoration of Grandma's
Cottage shall be the removal of exterior elements that were not a part of the original house.
No internal improvements or utility connections shall be required.
The Applicant agrees to continue to work with the City during the construction of the project
and permit on-site inspections during construction in areas that have been designated as
potential archaeological sites. A burial expert will be hired, at the Applicant's expense, to
attempt to locate the grave site noted on previous deeds. In the event that additional findings
of archeological significance are discovered during construction, the Applicant shall
immediately notify the City and provide the City with reasonable time to examine and analyze
those findings. The City shall act immediately in order to minimize impact on the Applicant's
construction schedule. Any artifacts which were located on the Property and described in
the Phase I and Phase II archaeological studies conducted by Thunderbird Archeological
Associates, Inc., as well as any artifacts located during construction on the Property, shall be
first offered for contribution to the City of Fairfax or its designee and then, if declined by the
City, offered to organizations committed to their preservation, subject to approval of the
Director of Community Development and Planning, or provided as an exhibit at the Farr
House.
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1997-13
20.
21.
22.
NOTICE OF MAINTENANCE. The Applicant shall notify all prospective purchasers in
sales literature and purchasers in writing at settlement of the following: 1) that the internal
streets and sidewalks are private with public access easements and that it shall be the
Homeowner's Association's ("HOA") responsibility for maintenance and snow removal of
these private areas and the common areas; 2) that the maintenance of the bike station, pool,
bathhouse, and other common structural improvements shall be the responsibility of the HOA;
3) that the maintenance of the storm water detention pond shall be the responsibility of the
HOA per guidelines acceptable to the Applicant; 4) that the maintenance and replacement of
streetscape trees located on individual lots will be the responsibility of the HOA and
appropriate maintenance easements will be recorded to ensure HOA access and maintenance;
and 5) that the maintenance of the on-site trail shall be the responsibility of the HOA should
the City select the HOA as the entity with maintenance responsibility as set forth in proffer
8d. This notification shall be sent to the City Zoning Administrator and reviewed for
compliance with this proffer before such notifications are disseminated to prospective
purchasers.
MAINTENANCE RESPONSIBILITIES. The Applicant shall be responsible for snow
removal, street maintenance, and maintenance of the stormwater management facilities in the
community as well as trash and recycling collection in the Phase IA neighborhood prior to
formation of the Homeowners Association and as long as it maintains control of the
Homeowners Association. In addition, the Applicant shall be responsible for maintenance of
the trails should the City select the Applicant as the entity with maintenance responsibility as
set forth in proffer 8d.
RESTRICTIVE COVENANTS. The Applicant or its successors shall form a HOA which
shall enforce restrictive covenants for the Property which covenants shall include, but not be
limited to, the following:
ao
No person will be allowed to remove, relocate or destroy any tree on the tree
preservation plan designated to be preserved when such tree is located on any private
lot or in common areas without approval of the HOA and the Zoning Administrator.
Furthermore, no person will be allowed to remove, relocate, or destroy the relocated
trees or new landscaping provided along the streetscape or in the common areas
without approval of the HOA and a tree removal permit from the Zoning
Administrator as may be required.
Co
No person will be allowed to construct any structural improvements ( including decks
and fences) without the review and approval by the HOA, which shall be guided by
architectural guidelines established by the HOA documents, and approval of the City's
Zoning Administrator and receipt of necessary building permits.
Sidewalks and street maintenance, including snow plowing, as well as maintenance
of grounds and landscaping materials in common areas will be provided by the HOA.
Maintenance of the stormwater management pond and in-stream settlement ponds
17
1997-13
23.
24.
25.
will be provided by the HOA. Maintenance of the trail will be provided by the HOA,
should the City select the HOA as the entity with maintenance responsibility as set
forth in proffer 8d.
Conversion of garages that will preclude the parking of vehicles within the garage will
be prohibited. (This shall not preclude the use of garages as sales offices in the model
homes during marketing of the development, with the understanding the sales offices
will be converted back to garages upon sale of the models.)
Maintenance and operation of the swimming pool will require adherence to the
operational procedures outlined in Proffer 23.
SWIMMING POOL DISCHARGE. The Applicant agrees to the following operational
procedures for the discharge of swimming pool waters:
Swimming pool discharge shall conform to all applicable federal, state and local public
health and environmental laws and regulations.
Sufficient amounts of lime or soda ash shall be added to the acid cleaning solution in
order to achieve a pH approximately equal to that of the receiving stream. In
addition, the standard for dissolved oxygen shall be attained prior to the release of
pool waters and shall require a minimum concentration of 4.0 milligrams per liter.
If the water being discharged from the pool is discolored or contains a high level of
suspended solids that could affect the clarity of the receiving stream, it shall be
allowed to stand so that most of the solids settle out prior to being discharged.
FUTURE AMENDMENTS. Individual sections of the Property may be subject to an
amendment to this application (including GDP and proffers) without joinder or consent of the
other sections, if such amendment does not significantly affect the other sections, as
determined by the City of Fairfax Department of Community Development. Previously
approved proffers applicable to the section(s) which is not subject to such an amendment shall
otherwise remain in full force and effect.
COUNTERPARTS. These proffers may be executed in one or more counterparts, each of
which when so executed and delivered shall be deemed an original document and all of which
taken together shall constitute but one in same document.
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J:kBASHEER\6835XPROFFERS.II
1997-13
TITLE OWNER OF TAX MAP 57-4((2)) 143,
AND 143A
Laura E. Behm
[SIGNATURES CONTINUED ON NEXT PAGE]
1997-13
TITLE OWNER OF TAX MAP 57-4((2)) 143,
PT. 145, AND 145A
Ann Farr Lewis
[SIGNATURES CONTINUED ON NEXT PAGE]
1997-13
TITLE OWNER OF TAX MAP 57-4((2)) 143,
AND143A
Kathleen E. Whatley
[SIGNATURES CONTINUED ON NEXT PAGE]
1997-13
CONTRACT PURCHASER
DIANE COX BASHEER COMPANIES, L.C.
By: Diane Cox Basheer
Diane Cox Basheer Companies, L.C.
[SIGNATURES CONTINUED ON NEXT PAGE]