2010-14ORDINANCE NO. 2010-14
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-1, RESIDENTIAL, TO CPD, COMMERCIAL
PLANNED DEVELOPMENT (WITH PROFFERS) AND OLD TOWN FAIRFAX
TRANSITION OVERLAY DISTRICT, "THE PROPERTY" IDENTIFIED AS
"CANFIELD VILLAGE" FURTHER DESCRIBED AS CITY OF FAIRFAX TAX MAP
PARCELS 57-3-02-031A, 57-3-02-031B, 57-3-02-0031C, 57-3-02-031D, 57-3-02-032,
AND 57-3-02-037.
WHEREAS, The Johnson A. Edosomwan LLC, by Robert H. Lawrence, attorney/agent,
submitted applications No. Z-08070012, SE-09060001 and V-09060002 requesting a change
in the zoning classification from R-1, Residential to CPD(p), Commercial Planned
Development (with proffers) and Old Town Fairfax Transition Overlay District, with special
exceptions and variances, for the parcels identified above, and more specifically described as
follows:
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 southeast corner of
another Edosomwan parcel (ID# 57-4-02-014);
Thence, departing the southerly line of Edosomwan and running with said westerly
line of Chain Bridge Road, the following four (4) courses and distances:
1. S28°55'21 "W, a distance of 83.97 feet;
2. 77.79 along the arc of a curve to the left, having a radius of 646.80 feet, a
central angle of 6°53'28" and a chord length of 77.75 feet which bears
S25°28'37"W;
3. S46°53'57"W, a distance of 26.39 feet;
4. S89'52'1 8"W, a distance of 29.93 feet to a point on the northerly line of
Canfield Street, a variable width public right-of-way;
Thence, departing the westerly line of Chain Bridge Road and running with said
northerly line of Canfield Street, N62°20'36"W, a distance of 366.81 feet to the
southeast corner of Parcel "A", Providence Park;
Thence, departing the northerly line of Canfield Street and running with the
easterly line of Parcel "A", Providence Park, N21 °44' 19"E, a distance of 177.77
feet to the southwest corner of Parcel 2, Commonwealth Park;
Thence, departing the easterly line of Parcel "A", Providence Park and running
with the southerly line and a portion of the easterly line of Parcel 2,
Commonwealth Park, the following two (2) courses and distances:
1. S69°09'51 "E, a distance of 126.70 feet to the southeast corner of Parcel 2,
Commonwealth Park;
2. N26° 18'l 2"E, a distance of 3.52 feet to the southwest corner of yet
another Edosomwan parcel (ID# 57-3-02-031);
Thence, departing the easterly line of Parcel 2, Commonwealth Park and running
with the southerly line and a portion of the easterly line of Edosomwan parcel (ID#
57-3-02-031) the following two (2) courses and distances:
1. S62°19'38"E, a distance of 125.07 feet to the southeast corner of said
parcel;
2. N26° 18'l 2"E, a distance of 5.00 feet to the southwest corner of the
aforementioned Edosomwan parcel (ID# 57-4-02-014);
Thence, departing the easterly line of Edosomwan parcel (ID# 57-3-02-031) and
running with the southerly line of Edosomwan parcel (ID# 57-4-02-014),
S62°23'50"E, a distance of 168.53 feet, to the point of beginning, containing
79,206 Square Feet or 1.81832 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 property be rezoned
from R-1, Residential to CPD(p), Commercial Planned Development (with proffers) and Old
Town Fairfax Transition Overlay District.
BE IT FURTHER ORDAINED, that the above described property be subject to the
following reasonable conditions authorized by City Code Section 110-7, which are proffered
by the property owners:
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 "Canfield Village" dated July 27, 2009, revised through
March 25, 2010, prepared by christopher consultants, ltd.
2. LANDSCAPING
a. The Applicant shall, at its sole expense, provide landscaping in
substantial accordance with Sheet 5 of 7 of the GDP/PSP. Large deciduous
trees shall have a minimum caliper of 3% inches, medium deciduous trees shall
have a minimum height of 8 to 10 feet and evergreen trees shall have a
minimum height of 8 to 10 feet at time of planting.
b. The Applicant reserves the right to install an entry features on the
Property in proximity to its access point on Canfield Street. Said features may
include decorative walls and/or fencing in addition to landscaping, subject to
review and approval by the Board of Architectural Review ("BAR").
3. TREE PRESERVATION. The Applicant shall preserve trees on the
Property as shown on Sheet 2 of 7 of the GDP/PSP subject to minor adjustment
during site plan review with approval of the Zoning Administrator. Tree
management plan requirements (to include a tree assessment prepared by
a certified arborist retained by the Applicant) will be met in conjunction with
site plan approval and during construction. Specifically:
a. The Applicant shall generally conform to the limits of clearing and
grading as with respect to tree - save areas as shown on the GDP/PSP.
However, it is understood that trees may be disturbed in order to provide
necessary utilities 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. The Applicant may remove trees identified as
dead, dying or diseased, with appropriate tree removal permits as a part of
clearing/grading operations.
b. The Applicant shall provide the Department of Community Development
and Planning ("CD&P") with a written assessment of the condition of the trees
at the clearing limits. The Applicant, his certified arborist and a representative
from CD&P shall walk the site and make a final determination of reasonable
and practical limits of clearing and grading based on sound engineering and
horticultural practices.
C. The final limits of clearing and grading, as determined following the walk
with CD&P, shall be fenced prior to clearing and grading and at all times
during construction. The Applicant shall designate a representative who is
knowledgeable in tree preservation to oversee the clearing and grading
activities near preservation areas and ensure continual protection of the trees.
d. At the time of bond release for each section, the trees will be inspected by
the City and a 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 1/2 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 1/2)
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 1/Z)
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. OWNERS' ASSOCIATION
The Applicant shall form an Owners' Association (OA) for the Property. The
OA shall be responsible for maintenance of the private accessways, the parking
garage, walkways internal to the site, stormwater management facilities and the
open space owned by the OA. Further, the OA 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 trash removal,
snow removal and travel aisle maintenance.
5. PRIVATE ACCESSWAYS
At the time of site plan approval, the Applicant shall grant a public ingress-
egress easement to the City of Fairfax over the private accessways to permit
access for emergency vehicles. All private accessways shall be constructed
(subgrade and pavement thickness) to City of Fairfax standards as specified in
The Thickness Design of Asphalt Pavements for Highways and Streets,
prepared by The Asphalt Institute dated February, 1991, or to the requirements
of Section 7-502 of the Fairfax County Public Facilities Manual, as determined
by the Director of the City of Fairfax Department of Public Works.
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 accessory structures, decks and fences) without the
review and approval by the OA, which shall be guided by architectural
guidelines established by the Applicant, the owners' association documents,
and approval of the City's Zoning Administrator and receipt of necessary
building permits.
b. The maintenance of the private accessways, the underground parking
garage, walkways, stormwater management facilities and open space on the
Property will be the responsibility of the OA in perpetuity, and said
maintenance costs shall be shared as among all residential and commercial
space owners. The OA shall obtain adequate liability insurance to protect
against legal claims that may arise from the maintenance of these facilities.
C. Outside storage or parking of recreational vehicles on the Property shall
be prohibited.
7. ARCHITECTURAL EXTERIOR DESIGN
The buildings to be constructed on the Property shall have facades of brick,
stone, or a combination of these materials except for architectural
appurtenances (including, but not limited to, dormer windows and bay
windows), ornamentation and detailing. The architectural design of the
proposed residences and the commercial building shall generally conform with
the character and quality of the illustrative elevations depicted on sheet 7 of 7
of the GDP/PSP and the architectural rendering prepared by AG Design Studio.
The Applicant reserves the right to modify these elevations and add additional
elevations based on final architectural design subject to approval by the BAR.
8. 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.
9. CHAIN BRIDGE ROAD
The Applicant shall record a public access easement along the Property's
Chain Bridge Road frontage from the existing right-of-way to the face of the
proposed building for future pedestrian, bicycling or public transportation
facilities as determined by the Department of Public Works. Dedication of the
easement shall be made at time of site plan approval or upon demand by the
City of Fairfax, whichever shall first occur.
10. TOWNHOUSE DESIGN
The Applicant shall incorporate universal design in the townhouse floor plans.
The universal design elements shall include the following:
a. Interior doors along the accessible route on the ground floor shall be a
minimum of 32 inches wide, with easy-open hardware.
b. There shall be a minimum 36-inch wide level route through the ground
floor, except at doorways.
11. UNDERGROUND PARKING GARAGE
The underground parking garage shall be designed and constructed to support
the load from fire trucks on the private accessway in addition to the buildings,
soil and trees and other plantings as shown on Sheet 5 of 7 of the GDP/PSP
and as approved on the final site plan.
12. TRAFFIC SIGNAL
Prior to site plan approval the Applicant shall post an escrow in the amount of
$120,000 for the installation of a traffic signal at the intersection of Canfield
Street and Chain Bridge Road. Upon demand of the City or at the time of the
issuance of the last Non-Residential Use Permit (whichever occurs first), the
Applicant shall conduct a traffic signal warrant study in accordance with the
MUTCD guidelines, subject to the review and approval of the Department of
Public Works. If the traffic signal is warranted, the applicant shall install the
required traffic signalization, using the escrowed funds and providing any
additional funds that may be required to complete the signalization work. If
four years after approval of the last Non-Residential Use Permit the
Department of Public Works concurs that none of the MUTCD warrants for
traffic signals are met, the City shall relinquish the escrow.
13. SIDEWALKS AND STREET TREES
The Applicant shall construct a continuous brick sidewalk along the Property's
Chain Bridge Road frontage from the face of curb to the face of the building.
This wide sidewalk shall continue around the corner of Canfield Street to at
least the point of tangency. Beyond the point of tangency the Applicant shall
construct a 5-foot wide brick sidewalk along the Property's Canfield Street
frontage with a 2-foot grass strip between the sidewalk and the curb to the
private accessway. In consultation with the Department of Community
Development and Planning, the Applicant shall provide street trees within the
wide continuous brick sidewalk using installation methods that will assure tree
health and survival. The Applicant shall execute a license agreement with the
City to maintain street trees and any appurtenant structures such as tree grates.
14. STREET LIGHTING
The Applicant shall install electric lights with fixtures resembling the copper
gaslight fixtures specified in the Community Appearance Plan for Old Town
along Canfield Street and along the private accessway.
15. COMMERCIAL BUILDING DESIGN
The commercial building shall generally have a minimum floor-to-ceiling
height of 14 feet on the first floor. The finished elevation of the first floor shall
be variable as required to avoid the need for steps along Chain Bridge Road.
The Applicant shall design the commercial building in accordance with the
U.S. Green Building Council's LEED program or a similar system and shall
submit a LEED checklist with their Building Plan application. Nothing in this
proffer shall be construed as requiring the Applicant to pursue LEED
certification.
16. CONSTRUCTION MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant
agrees to submit a management plan for approval by the City Manager or 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 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.
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 the manager of
Providence Park Apartments and to the Zoning Administrator.
Construction activity shall be limited from 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.
17. OVERFLOW PARKING
The Applicant shall provide and maintain ten (10) parking spaces in the
underground garage for use as overflow parking for One God Ministry Church.
18. 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/SP and proffers) without joinder or consent of the
owners/residents of other sections, if such amendment does not significantly
affect the other sections, as determined by the Director of Community
Development and Planning. Previously approved proffers applicable to the
section(s) which are not subject to such an amendment shall otherwise remain
in full force and effect.
19. 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 and general
development/preliminary site plan revised through March 25, 2010 be approved, and that
waivers be granted from City Cod e § 110-704(2), 110-704(3), 110-704(5), 110-1046(3)a.2,
and 110-1046(3)b.2
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
4a
Date
ATTEST
71
/% Z01
City Clerk
The motion to adopt the ordinance was approved as follows:
Vote
Councilmember Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Rasmussen Aye
Councilman Stombres Aye
PROFFERED CONDITIONS
The Johnson A. Edosomwan Limited Liability Company
Z 08070012
(Canfield Village)
July 27, 2009, as revised February 25, 2010, April 7, 2010, April 16, 2010 and as amended
during City Council public hearing on May 11, 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. Edosomwan
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-
08070012 filed by the Applicant, as amended, and shown on City of Fairfax Tax Map Parcels
57-3-02-037, 57-3-02-0031A, 57-3-02-031B, 57-3-02-031C, 57-3-02-031D and 57-3-02-032
(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 CPD District and the
Old Town Transitional Overlay District in accordance with Applicant's General Development
Plan/Preliminary Site Plan (GDP/PSP), dated July 27, 2009, revised through March 25, 2010,
showing fourteen (14) residential units and 52,730 square feet of Commercial Floor area. 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 "Canfield Village" dated July 27, 2009, revised through March 25, 2010,
prepared by christopher consultants, ltd.
2. LANDSCAPING
a. The Applicant shall, at its sole expense, provide landscaping in substantial
accordance with Sheet 5 of 7 of the GDP/PSP. 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 8 to 10 feet at time of
planting.
b. The Applicant reserves the right to install an entry features on the Property in
proximity to its access point on Canfield Street. Said features may include decorative
walls and/or fencing in addition to landscaping, subject to review and approval by the
Board of Architectural Review ("BAR").
3. TREE PRESERVATION. The Applicant shall preserve trees on the Property as shown
on Sheet 2 of 7 of the GDP/PSP subject to minor adjustment during site plan review with
US ACTIVE-103263289.1 5/12/10 5:55 PM
approval of the Zoning Administrator. Tree management plan requirements (to include a
tree assessment prepared by a certified arborist retained by the Applicant) will be met in
conjunction with site plan approval and during construction. Specifically:
a. The Applicant shall generally conform to the limits of clearing and grading as
with respect to tree - save areas as shown on the GDP/PSP. However, it is understood that trees
may be disturbed in order to provide necessary utilities 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. The Applicant may remove trees identified as dead, dying or diseased, with
appropriate tree removal permits as a part of clearing/grading operations.
b. The Applicant shall provide the Department of Community Development and
Planning ("CD&P") with a written assessment of the condition of the trees at the clearing limits.
The Applicant, his certified arborist and a representative from CD&P shall walk the site and
make a final determination of reasonable and practical limits of clearing and grading based on
sound engineering and horticultural practices.
C. The final limits of clearing and grading, as determined following the walk with
CD&P, shall be fenced prior to clearing and grading and at all times during construction. The
Applicant shall designate a representative who is knowledgeable in tree preservation to oversee
the clearing and grading activities near preservation areas and ensure continual protection of the
trees.
d. At the time of bond release for each section, the trees will be inspected by the
City and a 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 '/Z 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.
OWNERS' ASSOCIATION
The Applicant shall form an Owners' Association (OA) for the Property. The OA shall
be responsible for maintenance of the private accessways, the parking garage, walkways
internal to the site, stormwater management facilities and the open space owned by the
OA. Further, the OA 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 trash
removal, snow removal and travel aisle maintenance.
5. PRIVATE ACCESSWAYS
At the time of site plan approval, the Applicant shall grant a public ingress-egress
easement to the City of Fairfax over the private accessways to permit access for
emergency vehicles. All private accessways shall be constructed (subgrade and
pavement thickness) to City of Fairfax standards as specified in The Thickness Design of
Asphalt Pavements for Highways and Streets, prepared by The Asphalt Institute dated
February, 1991, or to the requirements of Section 7-502 of the Fairfax County Public
Facilities Manual, as determined by the Director of the City of Fairfax Department of
Public Works.
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 accessory structures, decks and fences) without the review and
approval by the OA, which shall be guided by architectural guidelines established by the
Applicant, the owners' association documents, and approval of the City's Zoning
Administrator and receipt of necessary building permits.
b. The maintenance of the private accessways, the underground parking
garage, walkways, stormwater management facilities and open space on the Property will
be the responsibility of the OA in perpetuity, and said maintenance costs shall be shared
as among all residential and commercial space owners. The OA shall obtain adequate
liability insurance to protect against legal claims that may arise from the maintenance of
these facilities.
C. Outside storage or parking of recreational vehicles on the Property shall be
prohibited.
ARCHITECTURAL EXTERIOR DESIGN
The buildings to be constructed on the Property shall have facades of brick, stone, or a
combination of these materials except for architectural appurtenances (including, but not
limited to, dormer windows and bay windows), ornamentation and detailing. The
architectural design of the proposed residences and the commercial building shall
generally conform with the character and quality of the illustrative elevations depicted on
sheet 7 of 7 of the GDP/PSP and the architectural rendering prepared by AG Design
Studio. The Applicant reserves the right to modify these elevations and add additional
elevations based on final architectural design subject to approval by the BAR.
-3-
8. 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.
-4-
9. CHAIN BRIDGE ROAD
The Applicant shall record a public access easement along the Property's Chain Bridge
Road frontage from the existing right-of-way to the face of the proposed building for
future pedestrian, bicycling or public transportation facilities as determined by the
Department of Public Works. Dedication of the easement shall be made at time of site
plan approval or upon demand by the City of Fairfax, whichever shall first occur.
10. TOWNHOUSE DESIGN
The Applicant shall incorporate universal design in the townhouse floor plans. The
universal design elements shall include the following:
a. Interior doors along the accessible route on the ground floor shall be a
minimum of 32 inches wide, with easy-open hardware.
b. There shall be a minimum 36-inch wide level route through the ground
floor, except at doorways.
11. UNDERGROUND PARKING GARAGE
The underground parking garage shall be designed and constructed to support the load
from fire trucks on the private accessway in addition to the buildings, soil and trees and
other plantings as shown on Sheet 5 of 7 of the GDP/PSP and as approved on the final
site plan.
12. TRAFFIC SIGNAL
Prior to site plan approval the Applicant shall post an escrow in the amount of $120,000
for the installation of a traffic signal at the intersection of Canfield Street and Chain
Bridge Road. Upon demand of the City or at the time of the issuance of the last Non-
Residential Use Permit (whichever occurs first), the Applicant shall conduct a traffic
signal warrant study in accordance with the MUTCD guidelines, subject to the review
and approval of the Department of Public Works. If the traffic signal is warranted, the
applicant shall install the required traffic signalization, using the escrowed funds and
providing any additional funds that may be required to complete the signalization work.
If four years after approval of the last Non-Residential Use Permit the Department of
Public Works concurs that none of the MUTCD warrants for traffic signals are met, the
City shall relinquish the escrow.
13. SIDEWALKS AND STREET TREES
The Applicant shall construct a continuous brick sidewalk along the Property's Chain
Bridge Road frontage from the face of curb to the face of the building. This wide
sidewalk shall continue around the corner of Canfield Street to at least the point of
tangency. Beyond the point of tangency the Applicant shall construct a 5-foot wide brick
sidewalk along the Property's Canfield Street frontage with a 2-foot grass strip between
the sidewalk and the curb to the private accessway. In consultation with the Department
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of Community Development and Planning, the Applicant shall provide street trees within
the wide continuous brick sidewalk using installation methods that will assure tree health
and survival. The Applicant shall execute a license agreement with the City to maintain
street trees and any appurtenant structures such as tree grates.
14. STREET LIGHTING
The Applicant shall install electric lights with fixtures resembling the copper gaslight
fixtures specified in the Community Appearance Plan for Old Town along Canfield Street
and along the private accessway.
15. COMMERCIAL BUILDING DESIGN
The commercial building shall generally have a minimum floor-to-ceiling height of 14
feet on the first floor. The finished elevation of the first floor shall be variable as
required to avoid the need for steps along Chain Bridge Road. The Applicant shall
design the commercial building in accordance with the U.S. Green Building Council's
LEED program or a similar system and shall submit a LEED checklist with their Building
Plan application. Nothing in this proffer shall be construed as requiring the Applicant to
pursue LEED certification.
16. CONSTRUCTION MANAGEMENT PLAN
Subsequent to rezoning approval but prior to site plan approval, the Applicant agrees to
submit a management plan for approval by the City Manager or 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 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.
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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 the manager of Providence Park Apartments
and to the Zoning Administrator.
Construction activity shall be limited from 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.
17. OVERFLOW PARKING
The Applicant shall provide and maintain ten (10) parking spaces in the underground
garage for use as overflow parking for One God Ministry Church.
18. 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/SP
and proffers) without joinder or consent of the owners/residents of other sections, if such
amendment does not significantly affect the other sections, as determined by the Director
of Community Development and Planning. Previously approved proffers applicable to
the section(s) which are not subject to such an amendment shall otherwise remain in full
force and effect.
19. 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.
Y Johnson A. Edosomwan
Its: General Manager
[SIGNATURE END]
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