2010-11ORDINANCE NO. 2010-11
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-1 AND R-2, RESIDENTIAL, TO RPD,
RESIDENTIAL PLANNED DISTRICT (WITH PROFFERS), "THE PROPERTY"
IDENTIFIED AS "ROYAL LEGACY COMMONS" FURTHER DESCRIBED AS
CITY OF FAIRFAX TAX MAP PARCELS 57-3-02: 064, 067, 068, 068A AND 069 AND
57-4-01-002A AND TO FURTHER CLASSIFY TAX MAP PARCELS TO OLD TOWN
FAIRFAX TRANSITION OVERLAY DISTRICT
WHEREAS, The Johnson A. Edosomwan LLC, by Robert H. Lawrence, attorney/agent,
submitted applications No. Z-08070013, V-09060003 and 5E-10030038 requesting a change
in the zoning classification from R-1 and R-2, Residential to RPD(p), Residential Planned
Development (with proffers) and Old Town Fairfax Transition Overlay District, with special
exceptions and variances, for the tax map parcels identified above, and more specifically
described as follows:
TRACT 1 (TAX MAP PARCELS 57-3-02. 067, 068, 068A AND 069 AND 57-4-
01-002A
Beginning at a point on the westerly line of Chain Bridge Road, Route #123, a
variable width public right-of-way, said point also being the northeast corner of
The Bibleway Church property;
Thence, departing the westerly line of Chain Bridge Road and running with the
northerly line of The Bibleway Church property, S84°38'46"W, a distance of
204.27 feet to the northwest corner of The Bibleway Church property, said point
also being on the easterly line of William F. and Lillian A. Jones and further being
on the dividing line between Fairfax County and the City of Fairfax;
Thence, departing the northerly line of The Bibleway Church property and running
with a portion of the easterly line, the northerly lines and the westerly line of Jones,
also coinciding with the dividing line between County and City, the following four
(4) courses and distances:
1. N10°42'14"W, a distance of 114.31 feet;
2. S88°34'36"W, a distance of 100.97 feet;
3. S69°34'06"W, a distance of 288.53 feet;
4. S22°21'45"W, a distance of 73.54 feet to the northwest corner of Jones,
said point also being on the northerly line of Fairfax County Redevelopment
and Housing Authority (FCRHA) as well as continuing to be the dividing line
between County and City;
Thence, departing the westerly line of Jones and running with a portion of said
northerly line of FCRHA, N72°02'01 "W, a distance of 21.00 feet to the southeast
corner of Lot 8, J. W. Rust Subdivision;
Thence, departing the northerly line of FCRHA and running with the easterly line
of Lot 8, J. W. Rust Subdivision, N03°58'42"W, a distance of 364.48 feet to the
northeast corner of Lot 8, J. W. Rust Subdivision, said point also being on the
southerly line of School Street, a fifty (50) foot wide public right-of-way;
Thence, departing the easterly line of Lot 8, J. W. Rust Subdivision and running
with said southerly line of School Street, the following four (4) courses and
distances:
1. N88°38'25"E, a distance of 533.21 feet;
2. SO l ° 16'40"E, a distance of 0.98 feet;
3. N88°43'20"E, a distance of 26.00 feet;
4. S57°47'53"E, a distance of 52.73 feet, to a point on the aforementioned
westerly line of Chain Bridge Road;
Thence, departing the southerly line of School Street and running with said
westerly line of Chain Bridge Road, the following four (4) courses and distances:
I . S15°07'42"E, a distance of 36.00 feet;
2. N74°52'18"E, a distance of 1.00 feet;
3. S15°07'42"E, a distance of 148.47 feet;
4. S09°26'34"E, a distance of 99.79 feet, to the point of beginning,
containing 170,881 Square Feet or 3.92289 Acres of Land, More or Less.
TRACT 2 (TAX MAP PARCEL 57-3-02-064)
Commencing at the aforementioned northeast corner of Lot 8, J. W. Rust
Subdivision, said point also being on the southerly line of School Street, a fifty
(50) foot wide public right-of-way;
Thence, running with southerly line of School Street, S88°38'25"W, a distance of
190 feet, to the northwest corner of Lot 9, J. W. Rust Subdivision, the second point
of beginning;
Thence, departing the southerly line of School Street and running with the westerly
line of Lot 9, J. W. Rust Subdivision, S03°45'07"E, a distance of 296.22 feet, to
the southwest corner of Lot 9, J. W. Rust Subdivision, said point also being on the
northerly line of Fairfax County Redevelopment and Housing Authority (FCRHA)
and further being on the dividing line between Fairfax County and the City of
Fairfax;
Thence, departing the westerly line of Lot 9, J. W. Rust Subdivision and running
with the northerly line of FCRHA, N72°02'01 "W, a distance of 118.37 feet, to the
southeast corner of Chancery Park, Section 3, also falling on the dividing line
between County and City;
Thence, departing the northerly line of FCRHA and the dividing line between
County and City and running with the easterly line of Chancery Park, Section 3,
N04°14'55"W, a distance of 257.12 feet, to the northeast corner of Chancery Park,
Section 3, said point also being on the aforementioned southerly line of School
Street;
Thence, departing the easterly line of Chancery Park, Section 3 and running with
said southerly line of School Street, N88°38'25"E, a distance of 112.29 feet, to the
second point of beginning,
containing 30,704 Square Feet or 0.70487 Acres of Land, More or Less.
Total combined area of Tracts 1 and 2 is 201,585 Square Feet or 4.62775 Acres of
Land, More or Less; and
WHEREAS, the City Council has carefully considered the application, the recommendation
of the Planning Commission and staff, and the testimony received at public hearing; and
WHEREAS, the City Council has determined that the proposed rezoning is proper and in
accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in
the Code of Virginia and the Code of the City of Fairfax, Virginia;
NOW, THEREFORE BE IT ORDAINED, that the above described Tracts 1 and 2 be
rezoned from R-1 and R-2, Residential to RPD(p), Residential Planned Development (with
proffers).
BE IT FURTHER ORDAINED, that the above described Tract 1 be rezoned to the Old
Town Fairfax Transition Overlay District.
BE IT FURTHER ORDAINED, that the above described Tracts 1 and 2 be subject to the
following reasonable conditions authorized by City Code Section 110-7, which are proffered
by the property owners:
1. GENERAL DEVELOPMENT PLAN
The general character of the development of the Property shall be in substantial
conformance with the General Development Plan/Preliminary Site Plan
(GDP/PSP), entitled "Royal Legacy Commons" dated July 27, 2009, as revised
through April 9, 2010, prepared by christopher consultants.
2. LANDSCAPING
a. The Applicant shall, at its sole expense, provide landscaping in
substantial accordance with Sheet 7 of 9 of the GDP/PSP, subject to Board of
Architectural Review ("BAR") approval. Large deciduous trees shall have a
minimum caliper of 3'/2 inches, medium deciduous trees shall have a minimum
height of 8 to 10 feet and evergreen trees shall have a minimum height of 7 to 8
feet at time of planting.
b. The Applicant reserves the right to install an entry features on the
Property in proximity to its access points on School Street. Said features may
include decorative walls and/or fencing in addition to landscaping.
3. TREE PRESERVATION.
a. The Applicant shall take necessary steps and actions to ensure the long-
term survival, and continuing structural integrity and health of trees designated
on sheets 2 and 7 of 9 of the GDP/PSP to be preserved. The landscape plan
submitted as part of the subdivision/site plan shall conform to the GDP/PSP.
Minor modifications may be permitted to the extent that these do not change
the designation of individual trees to be preserved or result in significant
physical impacts to the areas outside the limits of clearing and grading shown
on the GDP/PSP.
b. Prior to subdivision/site plan submission the Applicant shall retain the
services of a certified arborist to review the impact of proposed site grading on
the trees to be preserved and on nearby off-site trees that may be impacted by
site development. The certified arborist shall prepare a Tree Management Plan
specifying preservation practices to be used to maximize chances of tree
survival, such as crown pruning, root pruning, mulching, fertilization and
others as necessary and identifying any trees that in the arborist's professional
judgment would become hazardous in the new setting and should be removed.
The Tree Management Plan shall be incorporated into the subdivision/site plan
for review and approval.
C. All trees designated to be preserved shall be protected by tree protection
fencing. Tree protection fencing shall consist of 4-foot high, 14 gauge welded
wire attached to 6-foot steel posts driven 18 inches into the ground and shall be
shown on the subdivision/site plan. All tree protection fencing shall be
installed prior to any site clearing and grading activities. The installation of all
tree protection fencing shall be performed under the supervision of a certified
arborist or landscape architect and accomplished in a manner that does not
harm existing vegetation.
d. At the time of bond release for each section, the trees will be inspected by
the City and the certified arborist retained by the Applicant. Should any
existing individual tree shown for preservation not survive due to the impact of
construction, the Applicant shall replace such trees 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 3'/2 inches shall be provided;
• For a tree between five (5) and sixteen (16) inches in caliper failing to
survive, two (2) trees with a caliper of not less than three and a half (3'/2)
inches shall be provided;
• 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'/2) 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.
4. HOMEOWNERS' ASSOCIATION
a. The Applicant shall form a Homeowners' Association (HOA) for the
Property. The HOA shall be responsible for maintenance of the private streets,
the parking area and adjacent sidewalk, stormwater management facilities and
water quality facilities, retaining walls and adjacent easement, and the open
space owned by the HOA. Further, the HOA shall be responsible for the
enforcement of restrictions on the Property. The Applicant shall notify all
prospective purchasers in sales literature and purchasers in writing at the time
of settlement of these maintenance responsibilities and restrictions.
Maintenance responsibilities shall include, but not be limited to, snow removal
and travel aisle maintenance.
b. The Applicant shall disclose to the prospective purchasers of the units
that Chancery Park Owners Association may desire to expand its Association
to include the open space of the Royal Legacy Commons and to allow the
Royal Legacy Commons owners to join its Association rather than operate its
own Association. In the event Chancery Park Owners Association makes such
proposals to Royal legacy Commons, the Declarant agrees to recommend to the
Association that such proposal be fairly considered by Royal Legacy Commons
Association.
5. PRIVATE STREETS
At the time of site plan approval, the Applicant shall grant a public ingress-
egress easement to the City of Fairfax over the private streets to permit access
for trash collection, recycling and emergency vehicles. All private streets shall
be constructed (subgrade and pavement thickness) to City of Fairfax standards
as specified in The Thickness Design of Asphalt Pavements for Highways and
Streets, prepared by The Asphalt Institute dated February, 1991, or to the
requirements of Section 7-502 of the Fairfax County Public Facilities Manual,
as determined by the Director of the City of Fairfax Department of Public
Works.
6. RESTRICTIVE COVENANTS
Restrictive covenants for the Property shall include, but not be limited to,
the following:
a. No person will be allowed to construct any exterior structural
improvements (including decks and fences) without the review and approval by
the HOA, which shall be guided by architectural guidelines established by the
Applicant, the homeowners' association documents, and approval of the City's
Zoning Administrator and receipt of necessary building permits.
b. Conversion of garages that will preclude the parking of vehicles
within the garage will be prohibited in the development. (This shall not
preclude the use of garages as sales offices in the model homes during
marketing of the development, with the understanding the sales offices will be
converted back to garages upon sale of the models.)
C. The maintenance of the private streets, the stormwater
detention/water quality facilities, and walkways, retaining walls and other
landscaping features located in common open space will be the responsibility
of the HOA in perpetuity, and said maintenance costs shall be shared as among
all thirty-five (35) lots. The HOA shall obtain adequate liability insurance to
protect against legal claims that may arise from the maintenance of these
facilities. It is understood that no request shall be made to have the private
streets taken into the City of Fairfax street system.
d. Outside storage or parking of recreational vehicles on the Property
shall be prohibited both on individual lots and elsewhere on the Property.
7. ARCHITECTURAL DESIGN
The townhouses to be constructed on the Property shall have fagades of brick,
stone, or a combination thereof, except for bay windows, dormer windows and
other architectural appurtenances, ornamentation and detailing in other
materials.
The duplex and single-family detached houses shall have fagades comprised of
brick, stone, composition siding, or any combination of these materials. Units
#20 and 21 shall have all fagades of brick, stone or a combination thereof. Unit
#24 shall have the front and easterly side facade of brick, stone or combination
thereof. Units #22 and 23 shall have the front facade of brick, stone or
combination thereof. Unit #35 shall have the front and northerly side facade of
brick, stone or combination thereof. The required brick or stone fagades shall
be deemed to allow architectural appurtenances such as bay windows, dormer
windows and ornamentation and detailing in other materials.
House designs for townhouses and single-family detached units in the Old
Town Fairfax Transition Overlay District shall adhere to the maximum allowed
wall height of 43 feet, including the side wall of the house up to the top of the
gable roof.
The architectural design shall generally conform with the character and quality
of the illustrative photographs depicted on sheet 9 of 9 of the GDP/PSP and the
architectural renderings prepared by AG Design Studio. The Applicant
reserves the right to modify final architectural design subject to approval by the
BAR.
8. GATEWAY PLAZA FEATURE
a. The Applicant shall, at its sole expense, construct a gateway plaza feature
at the intersection of Chain Bridge Road and School Street, in general
conformance with the plaza depicted on Sheet 7 of 9 of the GDP/PSP and
shown in the architectural renderings prepared by AG Design Studios, with the
sign being shifted to the location shown on the GDP/PSP. The main paving
material of the plaza shall be brick and shall contain vertical elements.
b. The existing acorn lighting along Chain Bridge Road shall be maintained.
The Applicant shall construct the first light fixture on School Street within or
immediately adjacent to the plaza area as an acorn fixture as well.
C. The Applicant shall be responsible for the engineering and cost of
relocation, if necessary, of the existing signal pole, traffic sign, and retaining
wall located at this corner.
9. SIDEWALKS AND CROSSWALKS
a. The existing sidewalk along Chain Bridge Road shall remain as
constructed. The sidewalk shall not be blocked for construction without prior
permission of the Director of Public Works (DPW) and installation of proper
signage directing pedestrians to alternate routes. If the existing sidewalk is
damaged due to construction activities on the Property, it shall be
replaced/repaired. If, in the opinion of the Director of Public Works, the
damage creates a hazard for pedestrians, the damage shall be repaired
immediately. Otherwise needed repair or replacement shall occur prior to
release of the site plan bond on the Property. A joint inspection with DPW of
the condition of the sidewalk shall be made prior to the start of construction.
b. The Applicant shall construct a five (5) foot wide brick sidewalk along
School Street from its intersection with Chain Bridge Road extending to the
first private accessway and dedicate an additional foot of right-of-way to
accommodate it.
C. The Applicant shall construct brick crosswalks across the private
accessways at their intersection with School Street and along the internal
private accessway, as shown on the GDP/PSP.
10. PHASE I and PHASE II ENVIRONMENTAL ASSESSMENT
Concurrent with or prior to first submission of the subdivision/site plan, the
applicant shall submit a Phase I and Phase II environmental assessment to the
Department of Community Development and Planning for the trash and
hauling operation formerly operating within the area of 10607 and 10609
School Street. If the Applicant or the City believes it necessary by the results
of the Phase I and Phase II Environmental Studies, it shall conduct a Phase III
Environmental Study and provide remediation.
11. LIGHTING
With the exception of the lighting discussed for the gateway feature in Proffer
#9, the Applicant shall install electric lights with fixtures resembling the
copper gaslight fixtures specified in the Community Appearance Plan for Old
Town.
12. SPRINKLED STRUCTURES, MAIL BOXES AND TRASH
Buildings on Lots 32-35 will provide sprinkler systems in lieu of providing fire
truck access. Lots 32-35 will provide their mail boxes and trash shall be taken
to an area along School Street in lieu of providing a truck turnaround.
13. CONSTRUCTION MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant
agrees to submit a management plan for approval by the City Manager or his
designee for construction which will include the following information:
A. Hours of operation;
B. Truck routes to and from entrances;
C. Location of parking areas for construction employees;
D. Truck staging and cleaning areas;
E. Storage areas;
F. Fencing details;
G. Trailer and sanitary facility locations;
H. Traffic control measures; and
1. Maintenance of entrances.
The Applicant shall take every reasonable step to discourage traffic through
nearby single-family neighborhood communities. The Applicant shall post
signs banning construction traffic from exiting the site onto westbound School
Street and shall route all construction traffic to the site via Chain Bridge Road.
The Applicant shall ban its employees and employees of contractors and
subcontractors working on the site from parking on the north side of School
Street and on other nearby City streets. The Applicant shall install signs to that
effect if requested by the City's representative.
The Applicant shall provide cash, bond or letter of credit in the amount of
$20,000 to provide for any damage to the road system fronting the Property due
to construction traffic. A joint inspection with the DPW of the condition of
such roads shall be made prior to the start of construction. At the conclusion of
construction, a joint inspection with the DPW of the condition of such roads,
and if there has been no damage due to construction traffic, said bond or letter
of credit shall be released to the Applicant forthwith.
The Applicant shall provide a plan for phased construction of the development
one month prior to beginning construction to include the timetable for public
and site improvements and plans for any ancillary facilities such as sales or
construction trailers.
The Applicant shall identify a person who shall serve as a liaison to the
community throughout the duration of construction The name and telephone
number of this individual shall be provided in writing to residents and business
owners abutting or across School Street from this site, to Chancery Park
Homeowners Association, and to the Zonin
Construction activity shall be limited form 7:00 A.M. to 6:00 P.M. weekdays
and 8:30 A.M. to 5:00 P.M., Saturdays. No construction activity shall take
place on Sundays.
14. NOISE ATTENUATION
a. Prior to final site plan approval, the Applicant shall retain an acoustical
consultant to prepare a noise assessment based on final site grades and future
traffic volumes on Chain Bridge Road, Route 123, for review and approval by
the Zoning Administrator.
b. In order to reduce interior noise to a level of approximately DNL 45 dBA,
units within a highway noise impact zone of DNL 65-70 dBA, as ultimately
determined by the study in Paragraph (a) above, shall be constructed with the
following acoustical treatment measures:
i. Exterior walls shall have a laboratory sound transmission class
(STC) rating of at least 39.
ii. Doors and windows shall have a laboratory STC rating of at least
28 unless windows constitute more than 20% of any fagade exposed to noise
levels of DNL 65 dBA or above. If glazing constitutes more than 20% of an
exposed fagade, then the windows shall have a STC rating of at least 39.
However, the Applicant may elect to have a refined acoustical analysis
performed to determine minimum STC ratings for exterior walls, windows, and
doors; and the STC rating specifications may be reduced based on this analysis,
as determined appropriate by DPW.
iii. All surfaces shall be sealed and caulked in accordance with
methods approved by the American Society for Testing and Materials (ASTM)
to minimize sound transmission.
C. In order to reduce interior noise to a level of approximately DNL 45 dBA,
units within a highway noise impact zone of DNL 70-75 dBA, as determined
by the study in Paragraph (a) above, shall be constructed with the following
acoustical treatment measures:
i. Exterior walls shall have a laboratory sound transmission class
(STC) rating of at least 45.
ii. Doors and windows shall have a laboratory STC rating of at least
37 unless windows constitute more than 20% of any fagade exposed to noise
levels of DNL 65 dBA or above. If glazing constitutes more than 20% of an
exposed fagade, then the windows should have a STC rating of at least 45.
However, the Applicant may elect to have a refined acoustical analysis
performed to determine minimum STC ratings for exterior walls, windows, and
doors; and the STC rating specifications may be reduced based on this analysis,
as determined appropriate by DPW.
iii. All surfaces shall be sealed and caulked in accordance with
methods approved by the American Society for Testing and Materials (ASTM)
to minimize sound transmission.
d. Nothing herein shall be construed to restrict or otherwise limit the use of
upper-level balconies or decks on residential units.
15. GREEN BUILDING DESIGN
The Applicant shall provide Energy Star appliances in all units.
16. UNIVERSAL DESIGN
Eight (8) of the attached dwelling units and two (2) of the detached dwelling
units shall have universal design elements incorporated into the design of these
units. The universal design elements shall include the following:
a. At least one zero-step entrance to enter the home. This entrance should
be accessible from the street or driveway, and may be at the front, back or side
of the house.
b. Interior doors along the accessible route on the ground floor shall be a
minimum of 32 inches wide, with easy-open hardware.
C. Minimum 36-inch wide level route through the ground floor, except at
doorways.
d. Ground floor bathroom walls reinforced to provide for the possibility of
each installation of grab bars at toilets, tubs and showers at a later time.
e. Light switches, electrical outlets, thermostats and other controls installed
at accessible heights.
17. UNDERGROUND UTILITIES
The Applicant shall place all utilities, including existing overhead utilities
underground along the frontage of the property on School Street and frontage
on Chain Bridge Road.
18. INGRESS/EGRESS EASEMENT
The Applicant shall record a public ingress/egress easement along the frontage
of the Property along Chain Bridge Road 50 feet from centerline for future
pedestrian, bicycling or public transportation facilities as approved by the
Director of the City's Department of Public Works.
19. ARCHITECTURAL REVIEW
The Applicant shall submit its Architectural Guidelines to the City's Board of
Architectural Review prior to final site plan approval.
20. FUTURE AMENDMENTS
Individual sections of the Property may be subject to consideration by the
Planning Commission and City Council of an amendment to this application
(including GDP/PSP and proffers) without joinder or consent of the
owners/residents of other sections GDP/PSP, if such amendment does not
significantly affect the other sections, as determined by the Director of
Community Development and Planning. Previously approved proffers
applicable to the section(s) which are not subject to such an amendment shall
otherwise remain in full force and effect.
21. SUCCESSORS AND ASSIGNS
The Applicant, for itself, its successors and assigns, agree that these proffers
shall bind the future development of the Property, unless modified, waived or
rescinded in the future by the City Council, in accordance with applicable City
of Fairfax and Commonwealth of Virginia statutory procedures.
BE IT FURTHER ORDAINED, that the above conditions, application package, covenants,
and general development plan/preliminary site plan revised through April 9, 2010 be
approved, and that waivers be granted from City Code § 110-671(2), 110-673(2), 110-
1046(3), 86-7(1) and 86-7(7).
The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show
the changes in the zoning of these premises, including the existence of the proffered
conditions, and the Clerk of the Council is directed to transmit duly certified copies of this
ordinance to the applicant, Zoning Administrator, and to the Planning Commission of this
City as soon as possible.
This ordinance shall be effective as provided by law.
Planning Commission hearing: April 26, 2010
City Council hearing: May 11, 2010
Adopted: May 11, 2010 n
Mayor'
ate
ATTEST:
City Clerk
The motion to adopt the ordinance was approved as follows:
Vote
Councilmember Cross Aye
Councilman Drummond Nay
Councilman Greenfield Aye
Councilman Meyer Nay
Councilman Rasmussen Aye
Councilman Stombres Aye
RECEIVED
PROFFERED CONDITIONS MAY 0 4 WO
The Johnson A. Edosomwan Limited Liability Company DeM of Community
i ,onment & Planrkg
Z-08070013
(Royal Legacy Commons)
July 27, 2009 as Revised December 17,200% January 19 2010, April 7, 2010,
April 16, 2010, April 23, 2010, April 27, 2010
Pursuant to Section 15.2-2303(a) of the 1950 Code of Virginia,, as amended, and Section
110-7(b) of the Zoning Ordinance of the City of Fairfax, Virginia, the Johnson A. Edosornwan
Limited Liability Company ("Applicant"), and its successors and assigns, agree that the
development of the property that is the subject of an application for Zoning Map Amendment Z-
08070013 filed by the Applicant, as amended, and shown on City of Fairfax Tax Map Parcels
57-3-02-069, 57-4-01-002A, 57-3-02-068, 57-3-02-068A, 57-3-02-067 and 57-3-02-064
(collectively, the "Property"), will be in accordance with the following Proffered Conditions if
the Zoning Map Amendment is granted and the Property is rezoned to the RPD District and a
3.92 acre portion of the Property (comprised of City of Fairfax Tax Map 57-3-02-069, 57-4-01-
002A, 57-3-02-068, 57-3-02-068A, and 57-3-02-067) is also rezoned to the Old Town
Transitional Overlay District in accordance with Applicant's General Development
Plan/Preliminary Site Plan (GDP/PSP), dated July 27, 2009, as revised through April 9, 2010,
showing thirty-five (35) residential units. The proffered conditions are:
1. GENERAL DEVELOPMENT PLAN"
The general character of the development of the Property shall be in substantial
conformance with the General Development Plan/Preliminary. Site Plan (GDP/PSP),
entitled "Royal Legacy Commons" dated July 27, 2009, as revised through April 9,
2010, prepared by christopher consultants.
2. LANDSCAPING
a. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with Sheet 7 of 9 of the GDP/PSP, subject to Board of Architectural Review
("BAR") approval. Large deciduous trees shall have a minimum caliper of 31/2 inches,
medium deciduous trees shall have a minimum height; of 8 to 10 feet and evergreen trees
shall have a minimum height of 7 to 8 feet at time of planting.
b. The Applicant reserves the right to install an entry ;features on the Property in
proximity to its access points on School Street. Said features may include decorative
walls and/or fencing in addition to landscaping.
3. TREE PRESERVATION.
a. The Applicant shall take necessary steps and actions to ensure the long-term
survival, and continuing structural integrity and health of trees designated on sheets 2 and
US-ACTIVE-102846024.3 WOIZ43PM
7 of 9 of the GDP/PSP to be preserved. The landscape plan submitted as part of the
subdivision/site plan shall conform. to the GDP/PSP. Minor modifications may be
permitted to the extent that these do not change the designation of individual trees to be
preserved or result in significant physical impacts to the areas outside the limits of
clearing and grading shown on the GDP/PSP,
b. Prior to subdivision/site plan submission the Applicant shall retain the services of
a certified arborist to review the impact of proposed site grading on the trees to be
preserved and on nearby off site trees that may be impacted by site development. The
certified arborist shall prepare a Tree Management Plan specifying preservation practices
to be used to maximize chances of tree survival, such as crown pruning, root pruning,
mulching, fertilization and others as necessary and identifying any trees that in the
arborist's professional judgment would become hazardous in the new setting and should
be removed. The Tree Management Plan shall be incorporated into the subdivision/site
plan for review and approval.
C. All trees designated to be preserved shall be protected by tree protection fencing.
Tree protection fencing shall consist of 4-foot high, 14 gauge welded wire attached to 6-
foot steel posts driven 18 inches into the ground and shall be shown on the
subdivision/site plan. All tree protection fencing shall be installed prior to any site
clearing and grading activities. The installation of all tree protection fencing shall be
performed under the supervision of a certified arborist- or landscape architect and
accomplished in a manner that does not harm existing vegetation.
d. At the time of bond release for each section, the trees will be inspected by the
City and the certified arborist retained by the Applicant. Should any existing -individual
tree shown for preservation not survive due to the impact of construction, the Applicant
shall replace such trees as follows:
0 For a tree up to five (5) inches in caliper failing to survive, one (1) tree with a caliper
of not less than 3Y2 inches shall be provided;
• For a tree between five (5) and sixteen (16) inches in caliper failing to survive, two
(2) trees with a caliper of not less than three and a half (3'/a) inches shall be provided;
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%) inches shall be provided;
a 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.
4. HOMEOWNERS' ASSOCIATION
a. The Applicant; shall form a Homeowners' Association (HOA) for the Property.
The HOA shall be responsible for maintenance of the private streets, the parking area and
adjacent sidewalk, stormwater management facilities and water quality facilities,
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retaining walls and adjacent easement, and the open space owned by the HOA. Further,
the HOA shall be responsible for the enforcement of restrictions on the Property. The
Applicant shall notify all prospective purchasers in sales literature and purchasers in
writing at the time of settlement of these maintenance' responsibilities and restrictions.
Maintenance responsibilities shall include, but not be limited to, snow removal and travel
aisle maintenance.
b. The Applicant shall disclose to the prospective purchasers of the units that
Chancery Park Owners Association may desire to expand its Association to include the
open space of the Royal Legacy Commons and to allow the Royal Legacy Commons
owners to join its Association rather than operate its own Association. In the event
Chancery Park Owners Association makes such proposals to Royal legacy Commons, the
Declarant agrees to recommend to the Association that such proposal be fairly considered
by Royal Legacy Commons Association'.
5. PRIVATE STREETS
At the time of site plan approval, the Applicant shall grant a public ingress-egress
easement to the City of Fairfax over the private streets to permit access for trash
collection, recycling and emergency vehicles. All private streets shall be constructed
(subgrade and pavement thickness) to City of Fairfax standards as specified in The
Thickness Design of Asphalt Pavements for Highways and Streets, prepared by The
Asphalt Institute dated February, 1991, or to the requirements of Section 7-502 of the
Fairfax County Public Facilities Manual, as determined by the Director of the City of
Fairfax Department of Public Works.
6. RESTRICTIVE COVENANTS
Restrictive covenants for the Property shall include, but not be limited to, the following:
a. No person will be allowed to construct any exterior structural
improvements (including decks and fences) without the review and approval by the
HOA, which shall be guided by architectural guidelines established by the Applicant, the
homeowners' association documents, and approval of the City's Zoning Administrator
and receipt of necessary building permits.
b. Conversion of garages that will preclude the parking of vehicles within the
garage will be prohibited in the development. (This shall not preclude the use of garages
as sales offices in the model homes during marketing of the development, with the
understanding the sales offices will be converted back to garages upon sale of the
models.)
C. The maintenance of the private streets, the stormwater detention/water
quality facilities, and walkways, retaining walls and other landscaping features, located in
common open space will be the responsibility of the HOA in perpetuity, and said
maintenance costs shall be shared as among, all thirty-five (35) lots. The HOA shall
obtain adequate liability insurance to protect against legal claims that may arise from the
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maintenance of these facilities. It is understood that no request shall be made to have the
private streets taken into the City of Fairfax street system.
d. Outside storage or parking of recreational vehicles on the Property shall be
prohibited both on individual lots and elsewhere on the Property.
7. ARCHITECTURAL DESIGN
The townhouses to be constructed on the Property shall have facades of brick, stone, or a
combination thereof, except for bay windows, dormer windows and other architectural
appurtenances, ornamentation and detailing in other materials.
The duplex and single-family detached houses shall have facades comprised of brick,
stone, composition siding, or any combination of these materials. Units #20 and 21 shall
have all facades of brick, stone or a combination thereof. Unit' #24 shall have the front
and easterly side facade of brick, stone or combination thereof. Units #22 and 23 shall
have the front facade of brick, stone or combination thereof. Unit #35 shall have the
front and northerly side facade of brick, stone or combination thereof. The required brick
or stone facades shall be deemed to allow architectural appurtenances such as bay
windows, dormer windows and ornamentation and detailing in other' materials.
House designs for townhouses and single-family detached units in the Old Town Fairfax
Transition Overlay District shall adhere to the maximumallowed wall height of 43 feet,
including the side wall of thehouse up to the top of the gable roof.
The architectural design shall generally conform with the character and quality of the
illustrative photographs depicted on sheet 9 of 9 of the GDP/PSP and the architectural
renderings prepared by AG Design Studio. The Applicant reserves the right to modify
final architectural design subject to approval by the BAR.
8. GATEWAY PLAZA FEATURE
a. The Applicant shall, at its sole expense, construct a gateway plaza feature at the
intersection of Chain Bridge Road and School Street, in general' conformance with the
plaza depicted on Sheet 7 of 9 of the GDP/PSP and shown in the architectural renderings
prepared by AG Design Studios, with the sign being shifted to the location shown on the
GDP/PSP. The main paving material of the plaza shall be brick and shall contain vertical
elements.
b. The existing acorn lighting along Chain Bridge Road shall be maintained. The
Applicant shall construct the first light fixture on School Street within or immediately
adjacent to the plaza area as an acorn fixture as well.
C. The Applicant shall be responsible' for the engineering and cost of relocation, if
necessary, of the existing signal pole, traffic sign, and retaining wall located at this
corner.
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9. SIDEWALKS AND CROSSWALKS'
a. The existing sidewalk along Chain Bridge Road shall remain as constructed. The
sidewalk shall not be blocked for construction without prior permission of the Director of
Public Works (DPW) and installation of proper signage directing pedestrians to alternate
routes. If the existing sidewalk is damaged due to construction activities on the Property,
it shall be replaced/repaired. If, in the opinion of the Director of Public Works, the
damage creates a hazard for pedestrians, the damage shall be repaired immediately.
Otherwise needed repair or replacement shall occur prior to release of the site plan bond
on the Property. A joint inspection with DPW of the condition of the sidewalk shall be
madeprior to the start of construction,
b. The Applicant shall construct a five (5) foot wide brick sidewalk along School
Street from its intersection with Chain Bridge Road extending to the first private
accessway and dedicate an additional foot of right-of-way to accommodate it.
C. The Applicant shall construct 'brick crosswalks across the private accessways at
their intersection with School Street and along the internal private accessway, as shown
on the GDP/PSP.
10. PHASE I and PHASE II ENVIRONMENTAL ASSESSMENT
Concurrent with or prior to first submission of the subdivision/site plan, the applicant
shall submit a Phase I' and Phase II environmental assessment to the Department of
Community Development and Planning for the trash and hauling operation formerly
operating within the area of 10607 and 10609 School Street. If the Applicant or the City
believes it necessary by the results of the Phase I and Phase 11 Environmental Studies, it
shall conduct a Phase III Environmental Study and provide-remediation.
11. LIGHTING
With the exception of the lighting discussed for the gateway feature in Proffer #9, the
Applicant shall install electric lights with fixtures resembling the copper gaslight fixtures
specified in the Community Appearance Plan for Old Town.
12. SPRINKLED STRUCTURES, MAIL BOXES AND TRASH
Buildings on Lots 32-35 will provide sprinkler systems in lieu of providing fire truck
access. Lots 32-35 will provide their mail boxes and trash shall be taken to an area along
School, Street' in lieu of providing a truck turnaround.
13. CONSTRUCTION' MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant agrees to
submit a management plan for approval by the City Manager' or his designee for
construction which will include the following information:
A. Hours of operation
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B. Truck routes to and from entrances;
C. Location of parking areas for construction employees;
D. Truck staging and cleaning areas;
E. Storage areas;
F. Fencing details;
G. Trailer and sanitary facility locations;
H. Traffic control measures; and
1. Maintenance of entrances,
The Applicant shall take every reasonable step to discourage traffic through nearby
single-family neighborhood communities. The Applicant shall post signs banning
construction traffic from exiting the site onto westbound School Street and shall route all
construction traffic to the site via Chain Bridge Road.
The Applicant shall ban its employees and employees of contractors and subcontractors
working on the site from parking on the north side of School Street and on other nearby
City streets. The Applicant shall install signs to that effect if requested by the City's
representative.
The Applicant shall provide cash, bond or letter of credit in the amount of $20,000 to
provide for any damage to the road system fronting the Property due to construction
traffic. A joint inspection with the DPW of the condition of such roads shall be made
prior to the start of construction. At the conclusion of construction, a joint inspection
with the DPW of the condition of such roads, and if there has been no damage due to
construction traffic, said bond or letter of credit shall be released to the Applicant
forthwith.
The Applicant shall provide a plan for phased. construction of the development one month
prior to beginning construction to include the timetablefor public and site improvements
and plans for any ancillary facilities such as sales or construction trailers.
The Applicant shall identify a person who shall serve as a liaison to the community
throughout the duration of construction The name and telephone number of this
individual shall be provided in writing to residents and business owners abutting or
across School Street from this site, to Chancery Park Homeowners Association, and to
the Zoning Administrator.
Construction activity shall be limited form 7:00 A.M. to 6:00 P.M. weekdays and 8:30
A.M. to 5:00 P.M., Saturdays. No construction activity shall take place on Sundays.
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14. NOISE ATTENUATION
a. Prior to final site plan approval, the Applicant shall retain an acoustical consultant
to prepare a noise assessment based on final site grades and future traffic volumes on
Chain Bridge Road, Route 123, for review and approval by the Zoning Administrator.
b. In order to reduce interior noise to a level of approximately DNL 45 dBA, units
within a highway noise impact zone of DNL 65-70 dBA, as ultimately determined by the
study in Paragraph (a) above, shall be constructed with the following acoustical treatment
measures:
i. Exterior walls shall have a laboratory sound transmission class (STC)
rating of at least 39..
ii. Doors and windows shall have a laboratory STC rating of at least 28
unless windows constitute more than 20% of any faeade exposed to noise levels of DNL
65 dBA or above. If glazing constitutes more than 20% of an exposed facade, then the
windows shall have a STC rating of at least 39. However, the Applicant may elect to
have a refined acoustical analysis performed to determine minimum STC ratings for
exterior walls, windows, and doors; and the STC rating specifications may be reduced
based on this analysis, as determined appropriate by DPW.
iii. All surfaces shall be sealed and caulked in accordance with methods
approved by the American. Society for Testing and Materials (ASTM) to minimize sound
transmission.
C. In order to reduce interior noise to a _level of approximately DNL 45 dBA,; units
within` a highway noise impact zone of DNL 70-75 dBA, as determined by the study in
Paragraph (a) above, shall be constructed with the following acoustical treatment
measures:
i. Exterior walls shall have a laboratory sound transmission class (STC)
rating of at least 45.
ii. Doors and windows shall have a laboratory STC rating of at least 37
unless windows constitute more than 20%n of any facade exposed to noise levels of DNL
65 dBA or above. If glazing constitutes more than 20% of an exposed faeade, then the
windows should have a STC rating of at least 45. However, the Applicant may elect to
have a refined acoustical analysis performed to determine minimum STC ratings for
exterior walls, windows, and doors; and the STC rating specifications may be reduced
based on this analysis, as determined appropriate by DPW.
iii. All surfaces shall be sealed> and caulked in accordance with methods
approved by the American Society for Testing and Materials (ASTM) to minimize sound
transmission.
d. Nothing herein shall be construed to restrict or otherwise limit the use of upper-
level balconies or decks on residential units,
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15. GREEN BUILDING DESIGN
The Applicant shall provide Energy Star appliances in all units.
16. UNIVERSAL DESIGN
Eight (8) of the attached dwelling units and two (2) of the detached dwelling units shall
have universal design elements incorporated into the design of these units. The universal
design elements shall include the following:
a. At least one zero-step entrance to enter the home. This entrance should be
accessible from the street or driveway, and may be at the front, back or side of the house.
b. Interior doors along the accessible route on the ground floor shall be a minimum
of 32 inches wide, with easy-open hardware.
C. Minimum 36-inch wide level route through the ground floor, except at doorways.
d. Ground floor bathroom walls reinforced to provide for the possibility of each
installation of grab bars at toilets, tubs and showers at a later time.
e. Light switches, electrical outlets, thermostats and other controls installed at
accessible heights.
17. UNDERGROUND UTILITIES
The Applicant shall place all utilities, including existing overhead utilities underground
along the frontage of the property on School Street and frontage on Chain Bridge Road.
18. INGRESSIEGRESS EASEMENT
The Applicant shall record a public ingress/egress easement along the frontage of the
Property along Chain Bridge Road 50 feet from centerline for future pedestrian, bicycling
or public transportation facilities as approved by the Director of the City's Department of
Public Works.
19. ARCHITECTURAL REVIEW
The Applicant shall submit its Architectural Guidelines to the City's Board of
Architectural Review prior to final site plan approval.
20. FUTURE AMENDMENTS
Individual sections of the Property may be subject to consideration by the Planning
Commission and City Council of an amendment to this application (including GDP/PSP
and proffers) without joinder or consent of the owners/residents of other sections
GDP/PSP, if such amendment does not significantly affect the other sections, as
determined by the Director of Community Development and Planning, Previously
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approved proffers applicable to the section(s) which are not subject to such an
amendment shall' otherwise remain in full force and effect.
21 SUCCESSORS AND ASSIGNS
The Applicant, for itself, its successors and assigns, agree that these proffers shall bind
the future development of the Property, unless modified, waived or rescinded in the
future by the City Council, in accordance with applicable City of Fairfax and
Commonwealth of Virginia statutory procedures.
Signature on Next Page
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The Johnson A. Edosomwan Limited Liability Co,
By: Johnson A. Edosomwan
Its: General Manager
[SIGNATURE END]
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