2011-15 ORDINANCE NO. 2011-15
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS
ASSOCIATED WITH THE CPD(p), COMMERCIAL PLANNED DEVELOPMENT
DISTRICT (WITH PROFFERS) AND OLD TOWN FAIRFAX TRANSITION
• OVERLAY DISTRICT FOR "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 and Grayson P.
Hanes, attorneys /agents, submitted applications No. Z(PA)- 10090004. SE- 11040074, and V-
11040075 requesting to revise the layout of a development proposal previously approved in a
CPD(p), Commercial Planned Development District (with proffers) and in the Old Town
Fairfax Transition Overlay District, with additional special exceptions and variances and
continued reliance on previously approved 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 °52'18 "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 °18'12 "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 °18'12 "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 proffer amendment 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 proffered conditions associated with the
zoning of the above described property be amended as requested by the property owners in
accordance with City Code Section 110 -7 as follows:
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 August 26, 2010, with the latest version of July 1,
2011, 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 V2 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 feature on the
Property in proximity to its access point on Canfield Street. Said feature 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. To this end
the Applicant shall jack and bore installation of the sanitary sewer as shown on the
GDP. 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
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
1/2) 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. OWNERS' ASSOCIATIONS
The Applicant shall form two owners' associations for the Property; a Commercial
Owners Association (COA) for the commercial portion and a Residential Owners
Association (ROA) for the residential portion. Both associations shall be members of
an Umbrella Owners Association (UOA), also formed by the Applicant, that shall be
responsible for the maintenance of facilities and open space areas common to the COA
and the ROA. The COA and the ROA shall be responsible for the maintenance of the
facilities and open space areas serving only their respective members. The UOA 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.
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 COA, if in the commercial portion of the Property, or the ROA, if
in the residential portion of the Property. These associations 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 COA for the commercial portion of the Property and
the ROA for the residential portion of the Property. Maintenance costs for the
facilities serving both the commercial and the residential portions shall be shared by
the residential and commercial space owners. These associations 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.
c. Outside storage or parking of recreational vehicles on the Property shall
be prohibited.
d. None of the townhouse garages shall be converted or used for living
space.
e. None of the townhouse garages may be converted in a manner that will
preclude the parking of vehicles. (This shall not preclude the use of garages as sales
offices in the model homes during marketing of the development with the
understanding that the sales office will be converted back to garages upon the sale of
the models.)
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 Bignell
Watkins Hasser Architects, PC. 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 facade 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% of any facade exposed to noise
levels of DNL 65 dBA or above. If glazing constitutes more than 20% of an exposed
facade, 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.
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. GREEN BUILDING DESIGN
The Applicant shall provide Energy Star appliances in all units.
10. UNIVERSAL DESIGN
Four (4) of the attached 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.
f. The Applicant shall provide an option to the purchasers of each of these
four (4) townhouse units of accessible counter top heights and accessible appliances.
11. 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.
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. The Applicant shall
make a good faith effort in conjunction with the City staff to have the traffic signal
approved and to meet the MUTCD guidelines. If the traffic signal is warranted, the
Applicant shall install the required traffic signalization, using the escrowed funds and
shall provide any additional funds that may be required to complete the signalization
work. If four years after approval of the last Residential Use Permit, or the last Non -
Residential Use Permit for the Commercial Property, whichever first occurs, and the
Department of Public Works concurs that the MUTCD warrants for the traffic signal
are not met, then, in such event, the $120,000 shall be retained by the City. These
funds shall be used for improvements from the north side of West Drive to the south
side of School Street and shall be located on the west side of Chain Bridge Road.
Such improvements may include a bus shelter to be located along Chain Bridge Road
at a site chosen by the City. Such improvements, in the location indicated, shall
include, but not be limited to, the replacement of the existing concrete sidewalk with a
brick sidewalk from West Drive to School Street that would provide for a continuous
brick sidewalk. The Applicant shall construct its brick sidewalk as indicated in the
proffers and these funds will not be used for that purpose, but rather shall be used for
the purposes set forth in this proffer. Included in the contemplated construction by the
City is stamped, colored asphalt with a brick pattern for the crosswalks. If after the
expenditure of funds for the purposes mentioned, any funds still available may be used
for improved bicycle and pedestrian access along Canfield Street to Providence Park.
Any remaining funds may be spent as the City desires for improvements in Providence
Park.
13. SIDEWALKS AND STREET TREES
The Applicant shall construct a brick sidewalk along the Property's frontage as shown
on Sheet 2 of the GDP /PSP subject to minor adjustment during site plan review with
approval of the Director of the Department of Community Development and Planning.
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, other plantings, and
street furniture.
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 12
feet in a finished ceiling or 14 feet for an open structure ceiling 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.
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
I. 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 seven (7) parking spaces in the underground
garage and three (3) next to the surface parking for the residential lots for use as
overflow parking for One God Ministry Church.
18. PHASING
Notwithstanding any development phasing shown on the General Development Plan
Amendment /Preliminary Site Plan, no residential building permit shall be authorized
until a site plan containing the commercial building has been submitted. Once the site
plan for the commercial building has been submitted to the City, it shall be diligently
pursued to gain approval and to construct the commercial building. No Residential
Use Permit shall be authorized until the foundation of the commercial building has
been started.
19. SPRINKLERED STRUCTURES
The Applicant shall provide sprinkler systems for all the townhouses in lieu of
providing a fire truck turnaround.
20. MONETARY CONTRIBUTION
Upon submission of a site plan to the City for either the residential townhouse units or
the commercial building, the Applicant shall make a contribution to the City for use at
the adjoining Providence Park of One Thousand Dollars ($1,000.00) per unit for the
fourteen (14) residential units for a total of Fourteen Thousand Dollars ($14,000.00).
21. 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.
22. 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 July 1, 2011 be approved, and that the
following variances be granted in addition to those previously approved:
• from City Code § 86 -7(1) to reduce the minimum required width of a private
accessway from 30 feet to 24 feet; and
• from City Code § 86 -7(7) to waive the requirement to provide a cul -de -sac with a
minimum radius of 40 feet at the end of a dead -end street.
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: June 27, 2011 and July 25, 2011
City Council hearing: September 13, 2011
Adopted: September 13, 2011
V 1
_►
Mayor
V/26
Date
ATTEST:
• //
City Clerk
Votes
Councilman Drummond Aye
Councilman Greenfield Absent
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Silverthorne Aye
Councilman Stombres Aye
PROFFERED CONDITIONS
The Johnson A. Edosomwan Limited Liability Company
(Canfield Village)
August 26, 2010 RECEI \IED
Revised April 18, 2011
Revised May 12, 2011 A U G 1 y ? (111
Revised May 23, 2011
Revised May 31, 2011 Dept. of Community
Revised June 2, 2011 Development & Planning
Revised June 21, 2011
Revised July 1, 2011
Revised July 5, 2011
Revised July 12, 2011
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 a Proffer Plan/General
Development Plan 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 said Amendment is granted in accordance with Applicant's General Development
Plan/Preliminary Site Plan (GDP /PSP), dated August 26, 2010, with the latest version of July 1,
2011, showing fourteen (14) residential units and 20,520 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 August 26, 2010, with the latest version of July 1, 2011,
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 feature on the Property
in proximity to its access point on Canfield Street. Said feature may include decorative
US_ACTIVE-104388879 10 8/19/11 11 31 AM
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. To this end the
Applicant shall jack and bore installation of the sanitary sewer as shown on the GDP.
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 '/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;
-2-
•
• 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 V2) 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' ASSOCIATIONS
The Applicant shall form two owners' associations for the Property; a Commercial
Owners Association (COA) for the commercial portion and a Residential Owners
Association (ROA) for the residential portion. Both associations shall be members of an
Umbrella Owners Association (UOA), also formed by the Applicant, that shall be
responsible for the maintenance of facilities and open space areas common to the COA
and the ROA. The COA and the ROA shall be responsible for the maintenance of the
facilities and open space areas serving only their respective members. The UOA 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.
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 COA, if in the commercial portion of the Property, or the ROA, if in the
residential portion of the Property. These associations 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 COA for the commercial portion of the Property and the ROA
for the residential portion of the Property. Maintenance costs for the facilities serving
both the commercial and the residential portions shall be shared by the residential and
commercial space owners. These associations shall obtain adequate liability insurance to
protect against legal claims that may arise from the maintenance of these facilities. It is
- 3 -
understood that no request shall be made to have the private streets taken into the City of
Fairfax street system.
c. Outside storage or parking of recreational vehicles on the Property shall be
prohibited.
d. None of the townhouse garages shall be converted or used for living
space.
e. None of the townhouse garages may be converted in a manner that will
preclude the parking of vehicles. (This shall not preclude the use of garages as sales
offices in the model homes during marketing of the development with the understanding
that the sales office will be converted back to garages upon the sale of the models.)
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 Bignell Watkins
Hasser Architects, PC. 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 facade 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.
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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 facade exposed to noise levels of
DNL 65 dBA or above. If glazing constitutes more than 20% of an exposed facade, 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. GREEN BUILDING DESIGN
The Applicant shall provide Energy Star appliances in all units.
10. UNIVERSAL DESIGN
Four (4) of the attached 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.
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f. The Applicant shall provide an option to the purchasers of each of these
four (4) townhouse units of accessible counter top heights and accessible appliances.
11. 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.
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. The Applicant shall make a good faith
effort in conjunction with the City staff to have the traffic signal approved and to meet
the MUTCD guidelines. If the traffic signal is warranted, the Applicant shall install the
required traffic signalization, using the escrowed funds and shall provide any additional
funds that may be required to complete the signalization work. If four years after
approval of the last Residential Use Permit, or the last Non - Residential Use Permit for
the Commercial Property, whichever first occurs, and the Department of Public Works
concurs that the MUTCD warrants for the traffic signal are not met, then, in such event,
the $120,000 shall be retained by the City. These funds shall be used for improvements
from the north side of West Drive to the south side of School Street and shall be located
on the west side of Chain Bridge Road. Such improvements may include a bus shelter to
be located along Chain Bridge Road at a site chosen by the City. Such improvements, in
the location indicated, shall include, but not be limited to, the replacement of the existing
concrete sidewalk with a brick sidewalk from West Drive to School Street that would
provide for a continuous brick sidewalk. The Applicant shall construct its brick sidewalk
as indicated in the proffers and these funds will not be used for that purpose, but rather
shall be used for the purposes set forth in this proffer. Included in the contemplated
construction by the City is stamped, colored asphalt with a brick pattern for the
crosswalks. If after the expenditure of funds for the purposes mentioned, any funds still
available may be used for improved bicycle and pedestrian access along Canfield Street
to Providence Park. Any remaining funds may be spent as the City desires for
improvements in Providence Park.
13. SIDEWALKS AND STREET TREES
The Applicant shall construct a brick sidewalk along the Property's frontage as shown on
Sheet 2 of the GDP /PSP subject to minor adjustment during site plan review with
approval of the Director of the Department of Community Development and Planning. In
consultation with the Department of Community Development and Planning, the
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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, other plantings, and street
furniture.
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 12
feet in a finished ceiling or 14 feet for an open structure ceiling 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.
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
I. 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 seven (7) parking spaces in the underground
garage and three (3) next to the surface parking for the residential lots for use as overflow
parking for One God Ministry Church.
18. PHASING
Notwithstanding any development phasing shown on the General Development Plan
Amendment/Preliminary Site Plan, no residential building permit shall be authorized
until a site plan containing the commercial building has been submitted. Once the site
plan for the commercial building has been submitted to the City, it shall be diligently
pursued to gain approval and to construct the commercial building. No Residential Use
Permit shall be authorized until the foundation of the commercial building has been
started.
19. SPRINKLERED STRUCTURES
The Applicant shall provide sprinkler systems for all the townhouses in lieu of providing
a fire truck turnaround.
20. MONETARY CONTRIBUTION
Upon submission of a site plan to the City for either the residential townhouse units or the
commercial building, the Applicant shall make a contribution to the City for use at the
adjoining Providence Park of One Thousand Dollars ($1,000.00) per unit for the fourteen
(14) residential units for a total of Fourteen Thousand Dollars ($14,000.00).
21. 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
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the section(s) which are not subject to such an amendment shall otherwise remain in full
force and effect.
22. 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.
The Johnson A. Edosomwan Limited Liability Co.
JI By: Johnson A. Edosomwan
ts: General Manager
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