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2013-12 ORDINANCE NO. 2013-12 AN ORDINANCE TO AMEND THE ZONING MAP OF THE ILY OF AR U P(X, VIRGINIA TO RECLASSIFY FROM RM RESIDENTIAL PLANNED DEVELOPMENT (WITH PP FFERS) AND IDENT OLD FA T D S FAIRFAX TRANSITION OVERLAY DISTRICT THE 10320 -10340 LAYTON HALL DRIVE AND MORE PARTICULARLY DESC'. BED AS TAX MAP PARCEL 57-2-002-174. WHEREAS, Seventeenth Carr—Layton Hall Limited Partnership, by Lynne J. Strobel Agent/ Attorney-in-Fact, submitted application No. Z-12110097 dent e Planned Devel change in the e zoning classification from RM Multifamily to RPD(p), (with proffers) and Old Town Fairfax Transition Overla ay as istrow(with proffers), for t - parcel identified above, and more specifically describe Beginning at a point marking the intersection of the northerly line of Layton Hall g and running Drive (80 foot R/W), with the easterly line of University Drive (variable R/W) thence with the easterly line of University Drive the following courses: N08°47'46" , 84.22 feet; N55°49'43"E, 414.35 feet and N44°42'29"E, 528.30 feet to a point on the wes r y property of the ro erty of the City of Fairfax, Virginia; thence running with the west rly and utherl lines of the said City of Fairfax S06°05'40"E, 504.20 feet and S74°20'40" , 206.86 so Y feet to a point marking the northwesterly corner of the Board of Supervisors doS Fai f ax County, Virginia; thence running with the westerly line of the said northerly line of S r Hall S27°02'20"W, 299.84 feet to a point on the aforementioned e N74°20'41"W, 3 5.00 feet Drive; thence running with the northerly line of Layton Hall Drive chord is N86° 4'13"W, and with a curve to the left whose radius is 1,035.24 feet f beginning, containing 7.8 521 acres 438.45 feet), an arc distance of 441.79 feet to the point g of land; and WHEREAS,the City Council has carefully considered the application, the propos d proffers, the recommendation of the Planning Commission, the recommendation of sta f, and the testimony received at public hearing; and WHEREAS, the City it Council has determined that the proposed rezoning is pr per and in accordance with the Comprehensive Plan as well as wit Vhe pertinent provisions set forth in the Code of Vir i� nia and the Code of the Cit of Fairfax _ NO W THEREFORE BE IT ORDAINED, that the above described Planned Developmrezoned ent h profy be and Old from RM Multifamily to RPD(p), Town Fairfax Transition Overlay District; BE IT FURTHER ORDAINED, that the above described property be subj are profect the following reasonable conditions authorized by City Code Section 110 , which by the property owners (see attached). BE IT FURTHER ORDAINED, that the above conditions, application package and general development plan/preliminary site plan be approved, and that the following variances be granted: • from Cit_ y Code § 110-673(2) to reduce the required perimeter open space setback from 25 feet to as little as zero feet to accommodate certain pedestrian and site amenities; and • from Cit_y Code § 110-673(4) to increase the maximum permitted coverage to 52- percent from a maximum of 50-percent. I The Zoning Administrator of the City is hereby directed to modify the Zoning Map t show the changes in the zoning of these premises, including the existence of the pr ffered 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 22, 2013 City Council hearing: May 14, 2013 Adopted: May 14, 2013 (2. GCUr7 --& Mayor Date ATTEST: / ���� City Clerk Votes Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye' PROFFERS SEVENTEENTH CARR—LAYTON HALL LIMITED PARTNERSHIP ZONING MAP AMENDMENT May 14,2013 Pursuant to Section 15.2-2303(a) of the Code of Virginia, 1950, as amended, and Section 110-7 (b) of the Zoning Ordinance of the City of Fairfax, Virginia, Seventeenth Can-Layton Hall Limited Partnership, for itself, and its successors and/or assigns (hereinafter referred to as the "Applicant") in Z-12110097 filed on property identified on the City of Fairfax tax map 57-2 ((2)) 174 (hereinafter referred to as the "Application Property") hereby proffers the following, provided that the Fairfax City Council approves a rezoning of the Application Property from the RM District to the RPD and the Old Town Fairfax Transitional Overlay District in conjunction with a general development plan/preliminary site plan for residential development. These proffers shall replace and supersede all previous proffers approved on the Application Property. In the event the rezoning is denied by the Council, these proffers shall immediately be null and void. 1. GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN Development of the Application Property shall be in substantial conformance with th General Development Plan/Preliminary Site Plan (GDP/PSP) prepared by Dewberr Consultants LLC consisting of nine (9) sheets, dated November 9, 2012, with a cove sheet revised through April 25, 2013. 2. TRANSPORTATION A. The Applicant shall install three (3) curb bump outs on Layton Hall Drive a shown on the GDP/PSP. 13. Two (2) pedestrian crosswalks shall be installed by the Applicant across Layto Hall Drive as shown on the GDP/PSP. The crosswalks shall be installed usin stamped concrete or painted asphalt as coordinated with the Department f Community Development and Planning. C. The Applicant shall stripe a bicycle lane or bicycle sharrow indications along t e north and south sides of Layton Hall Drive from University Drive to Old L e Highway as coordinated with the Department of Public Works to facilita e connections to the Old Town Fairfax area. Said bicycle lanes or bicycle sharro indications shall be located within existing right-of-way. If said improveme s cannot be located within existing right-of-way, the Applicant shall install t e improvements on the north side only. Page 2 D. At issuance of the final occupancy permit for the Application Property, and subject to the approval of the Department of Public Works, the Applicant shall evaluate and modify, if necessary, the signal timing at the intersection of Layton Hall Drive and Old Lee Highway with the objective of lessening the queuing on eastbound Layton Hall Drive during the weekday a.m. peak traffic period. 3. STREETSCAPE A. The Applicant shall install a streetscape generally consisting of landscaping and a six (6) foot wide brick sidewalk along the Application Property's Layton Hall Drive frontage as shown on the GDP/PSP. The brick sidewalk shall extend to the existing painted crosswalk on University Drive that will remain. B. Subject to the granting of the Applicant's request for service by the public gas utility provider, the Applicant shall install gas lights compatible with those in the Old Town District along the Application Property's Layton Hall Drive frontage. The style of the gas lights shall be generally in conformance with that shown on the GDP/PSP. The spacing of the gas lights shall be coordinated with the Department of Community Development and Planning. Should the public gas utility provider not grant the Applicant's request for service, the Applicant shall install the lights with electric fixtures that have a similar appearance to a gas light. C. Utilities located along the Application Property's Layton Hall Drive frontage and on the Application Property shall be located underground. 4. LANDSCAPING AND OPEN SPACE A. Landscaping on the Application Property shall be in conformance with thi landscape design shown on the GDP/PSP. Adjustments to the type and locatio of vegetation and the design of landscaped areas and streetscapi improvements/plantings shall be permitted in consultation with the Department o Community Development and Planning. Supplemental planting of native specie. within the RPA shall be provided in coordination with the Department o Community Development and Planning at time of site plan. B. The retaining wall located at the rear of Buildings B and C as identified on th- GDP/PSP shall be constructed of rubble stacked stone and shall have a maximu height of ten (10) feet. Additional retaining walls shall be constructed of rubblT stacked stone and shall have a maximum height of fourteen (14) feet. A met I embossed black railing shall be installed on top of all walls that exceed a height f three and one-half(3.5) feet. 5. STORMWATER MANAGEMENT/BEST MANAGEMENT PRACTICES A. The Applicant shall implement an enhanced Stormwater Management (SW ) and Best Management Practices (BMP) plan to control the quantity and quality f stormwater runoff from the Application Property. Stormwater manageme t facilities shall consist of several underground storage facilities with appropria e Page 3 BMP/LID measures. The Applicant reserves the right to pursue additional stormwater management measures provided the same are in substantial conformance with the GDP/PSP. B. At time of site plan approval, the Applicant reserves the right to install pervious pavers for parking that is located within the designated Resource Protection Area (RPA). 6. RECREATIONAL AMENITIES A. The Applicant shall provide on-site recreational facilities to serve the residences of the Application Property, including a swimming pool and community building as shown on the GDP/PSP. Within the community building shown on the GDP/PSP, amenities shall include, but not be limited to, an exercise room with equipment, media center, multi-purpose room, dressing rooms and a cyber café. A leasing office shall also be located in the community building. B. At time of site plan approval, the Applicant shall contribute the sum of thirty-five thousand dollars ($35,000.00) to the City of Fairfax for use in the planning, design and/or construction of recreational amenities at Van Dyke Park, which may include the establishment of a community garden. 7. PEDESTRIAN CONNECTIONS A. The Applicant shall install a trail connection on the Application Property in proximity to proposed Building C to an existing trail located parallel to University Drive that connects to the existing trail network at Van Dyke Park as shown on GDP/PSP. B. The Applicant shall install internal sidewalks on the Application Property a. shown on the GDP/PSP. The concrete sidewalks shall be five (5) feet in widt with brick banding. C. Subject to receipt of any necessary letters of permission at no cost, the Applic• shall resurface and widen the existing bicycle path/trail parallel to Universit Drive on the Application Property side of the existing floodplain from six (6) fe= to eight(8) feet. D. The Applicant, in coordination with the Parks Director of the City of Fairfax ans subject to receipt of any necessary letters of permission at no cost, shall construct a trail on the northeastern portion of the Application Property that provides direct connection to Van Dyke Park. Should a connection location not •- identified at time of site plan, the Applicant shall escrow the sum of twenty-fi e thousand dollars ($25,000.00) for the construction of a future trail connection others. Page 4 8. ARCHITECTURAL DESIGN A. The architectural design of the buildings shall be consistent with the conceptual elevations as shown on the GDP/PSP, and shall be generally consistent in style on all sides of the buildings. Juliette and/or full-size balconies shall not extend more than four (4) feet from the building. The elevations may be refined as a result of final design and engineering so long as the character and quality of the buildings remain in substantial conformance with those shown on the GDP/PSP. Building materials shall be predominately brick with pre-cast concrete or pre-finished painted brick at entries. Architectural elements, such as varied wall setbacks, brick banding, soldier coursing and/or relief patterns, shall be incorporated into the overall design to be presented for review by the Board of Architectural Review. B. Mechanical equipment shall not be located on the roofs of the buildings. Any mechanical equipment located on the ground shall be screened by fencing, landscaping or a combination thereof. C. At time of site plan and building plan approval, the Applicant shall demonstrat= compliance of the residential buildings with the universal design criteria as se' forth in the ICC/ANSI A117.1 (American National Standard Accessible an Usable Buildings and Facilities as referenced in the current edition of the Virgini. Statewide Building Code) and the 1988 Fair Housing Design Manual. D. The proposed development shall consist of studios, one-bedroom and two bedroom units, with a majority of the units comprised of studios and one-bet rooms. The layout of the units shall be as generally shown on the GDP/PSP a. may be modified with final design and market demand. E. The Applicant shall install sprinkler systems in each proposed building. 9. SUSTAINABLE DESIGN A. In order to promote energy conservation and green building techniques, t - Applicant shall incorporate energy saving devices which may include, but not •- limited to, use of ENERGY STAR® appliances, energy efficient mechanical systems, recycling for occupant refuse, energy efficient lighting and insulati•, that meets or exceeds applicable energy code requirements. B. At time of site plan submission, the Applicant shall submit a LEED checklist o demonstrate the incorporation of energy saving components as described abo e and as generally available in the marketplace. C. All buildings shall be designed in accordance with the 2009 International Ener y Conservation Code (IECC). Page 5 10. PARKING MANAGEMENT A. The Applicant shall assign parking management as one of the duties of its property manager. Parking management shall entail the efficient use of available constructed parking spaces, including the assignment of parking spaces to residents within the parking garage, and designation of guest parking as identified by signage. No fewer than two (2) conveniently located parking spaces will be reserved for vanpools and/or car sharing services. B. The Applicant shall assign one (1) parking space per unit that will be included in the monthly rent for each unit. The Applicant reserves the right to charge a fee or premium for preferred and/or additional parking spaces. A minimum of seven (7) guest parking spaces shall be provided adjacent to the community building. Additional guest parking shall be clearly designated on the Application Property and distributed throughout the site. 11. TRANSPORTATION DEMAND MANAGEMENT STRATEGIES In an effort to reduce the numbers of vehicle trips generated by the Application Property, the Applicant shall implement Transportation Demand Management ("TDM") strategies. These strategies will include, but not be limited to,the following: A. Designation of a Transportation Management Coordinator ("TMC") which may be one of the duties assigned to its property manager. The TMC will provide on site assistance to residents and employees in forming and maintaining carpool. and vanpools. The TMC will display in the Application Property's leasing offic; information on local transit services, carpool programs, and ridesharing programs. The TMC will ensure that the displayed information is current. B. Availability of covered bicycle storage facilities for residents in garages. bicycle rack will also be provided on the Application Property for site visitor. and/or employees. C. At the time of initial lease, the Applicant shall provide prepaid SmarTrip car•s with a value of twenty-five ($25.00) to new residents. D. Designation of a centralized office space in the community building on t e Application Property that may be used by residents for telework activities. T e space will include access to a computer,printer, and facsimile machine. E. Installation of at least one interior or exterior electric vehicle charging station .n the Application Property. 12. SIGNS In coordination with Department of Community Development and Planning, t e Applicant shall install, or allow the City of Fairfax to fabricate and install, way-findi g signs, district entry signs and/or trail signs consistent with those located in the Old Town Page 6 Fairfax Area at a cost not to exceed ten thousand dollars ($10,000.00). Any funds not expended on said signs shall be allocated to improvements to Van Dyke Park. 13. TENANT RELOCATION The Applicant shall provide for tenant relocation in accordance with the plan attached hereto as Exhibit A. 14. AFFORDABLE HOUSING In order to address the need for affordable housing in the City of Fairfax, the Applicant shall lease eighteen (18) of the units constructed on the Application Property as affordable units in accordance with the following conditions: A. Nine (9) units shall be affordable to households with an income of up to eighty (80) percent of the median income (AMI) for the Washington Standard Metropolitan Statistical Area as specified annually by HUD. Income eligibility limits shall be adjusted based on household size as follows: 70% for a one perso household, 80% for a two person household, 90% for a three person househols and a 100%for a four person household. B. Nine (9) units shall be affordable to households with an income of up to sevent (70) percent of the median income (AMI) for the Washington Standar. Metropolitan Statistical Area as specified annually by HUD. Income eligibilit limits shall be adjusted based on household size as follows: 70% for a one perso household, 80% for a two person household, 90% for a three person househols and a 100% for a four person household. C. The units shall be integrated into and dispersed throughout the development to th• extent feasible. D. The number of bedrooms per unit shall be proportional to the number of bedrooms per unit in the market units. E. The tenants who lease the units shall meet the income eligibility criteria identifies herein as documented annually to the Applicant and remain in good standing for the term of the lease. Said documentation shall be made available to t e Department of Community Development and Planning on an annual basis up•n request. F. Should a tenant leasing a unit no longer qualify under the income eligibili y criteria identified herein, the Applicant, within its sole discretion, shall eith r allow the tenant to continue occupancy at market rates and designate another u it within the development as affordable, when available, or relocate the tenant to a market rate unit and continue to lease the previously designated affordable unit n accordance with the income eligibility criteria. VIII Page 7 G. Marketing of the units shall include coordination with non-profit organizations including those that serve military personnel who have been wounded during service. H. The affordability restriction described herein shall remain in place for twenty (20) years after the issuance of the first occupancy permit for an affordable unit on the Application Property at which time this proffer shall be null and void and of no further force and effect. 15. MISCELLANEOUS A. Occupancy Restrictions. To the extent permitted by State and Federal Fair Housing regulations, the occupancy of each dwelling unit in the development shall be limited to no more than two (2) persons per bedroom. B. Construction. The improvements described herein shall be constructeI concurrently with the development unless otherwise specified. Should any of th= improvements described herein be delayed due to circumstances beyond the Applicant's control, later dates for compliance may be permitted as determine. appropriate by the Zoning Administrator. C. Security. The Applicant shall include security features as a part of fin architectural design. Any security cameras installed on the Application Propert shall include a thirty (30) day retention of information. D. Demolition. The demolition of existing buildings shall be performed in accordance with all State and local regulations for the removal of asbestos. E. Successors and Assigns. These proffers will bind and inure to the benefit of the Applicant and its successors and assigns. {A0561311,DOC/1 Draft Proffers 05.14.13(On)-adu housing 000053 000231} APPLICANT/OWNER OF TAX MAP 57-4 ((2)) 174 SEVENTEENTH CARR- LAYTON HALL LIMITED PAR`INERSHIP By: GP-LAYTON HALL, L.L.C., a Virginia limited liability, General Partner By: 4511.vit E. Cowles Its: Manager [SIGNATURES END] EXHIBIT A Tenant Relocation Plan Layton Hall Redevelopment Revised May 14, 2013 The majority owner of Layton Hall Apartments is also the majority owner and Manager of three ( ) existing garden apartment communities in Fairfax County in close proximity to Layton H II Apartments. These communities include Springfield Gardens Apartments, Golden Ga e Apartments and Chelsea Square Apartments. In the aggregate those communities consist of 5 0 units. The average annual vacancy among these three (3) communities does not exceed 3% or a total of 17 units on an ongoing basis. Further, the majority owner is also the owner/Manager of a new 200 unit, low rise apartmnt eCenoter named Reid's Prospect illiam to the Prin e William County Gover menta For tenants in good standing at Layton Hall, the following is proposed: 1. Each tenant shall receive a 180-day prior written notice of the need to relocate fr 'm Layton Hall Apartments prior to start of construction. This notice shall be delivered to II tenants including those on month-to-month leases. 2. Tenants in good standing at Layton Hall will be given preferential treatment to reloc to into our other existing Northern Virginia communities specifically including Springfi Id Gardens Apartments, Golden Gate Apartments, Chelsea Square Apartments nd Reid's Prospect Luxury Apartments. A tenant relocating to a comparably sized uni in one of these communities, who demonstrates a need for affordable housing based on household size and level of income, shall pay no more in rent than was paid under he most recent lease at Layton Hall for a period of one (1) year from the date of relocati n. The rent shall be subject to yearly increases at the rate of CPI, Urban Index. 3. Tenants receiving the notice to vacate who are residents at that time in good stan ing will receive a moving expense up to, but not to exceed $800.00 for a one bedroom nit and $1,000.00 for two and three bedroom units to help defray such costs. This stip nd will be paid after the notice to vacate has been delivered and to those ten nts requesting assistance. 4. An expedited return of the security deposit posted by each tenant receiving a notic to vacate will be processed after the notice to vacate has been delivered within 2 w eks upon request by the vacating tenant, and subject to inspection of the unit. 5. To the extent possible, Gates, Hudson & Associates, the management company fo the ownership of Layton Hall Apartments will provide an ongoing listing of available uni s in Fairfax County and/or Fairfax City communities managed by Gates, Hudson which are affordable a similar by relocating point as Layton have been in Apartments to be during available resideno y and at affordable by reloc g Layton Hall. I I 6. Normal leases have a 12-month term and then convert automatically to month-t•- month. As leases mature within 12 months of construction start, any new leases will b- executed on a month-to-month basis. No new leases will be entered into within c months of construction start. 111'11 WALSH COLUCCI LUIRELEY EMRICII Rc ,v0 LETTER OF TRANSMITTAL MAX 2 0 013 TO: Jason Sutphin O Dept Community Development and Planning Pof @ C on /lN ry City of Fairfax 10455 Armstrong Street, Room 207 Iting Fairfax, Virginia 22030 FROM: Lynne J. Strobel DATE: May 17, 2013 REGARDING: Layton Hall OUR FILE NO. 53.231 We transmit the attached: • Originals ❑ Copies ❑ Plans ❑ Documents ❑ Other(described below) Description: Original executed proffers dated May 14, 2013. Transmitted via: ❑ mail ® courier/ pickup ❑ scheduled express ❑ federal express Action requested: ❑ your approval ❑ your review/comments n your submission • your file/use n your distribution other Remarks: Should you have any questions, please do not hesitate to contact me. Thanks, Lynne ;A0561900.UOCx/ I Sutphin transmittal 05 17.13 000053 000231 PHONE 703 528 4700 I PAS 703 325 3197 1 wtcw.I Hri AND!Al4 YF.RS.COnt COURT IIOUSE II.A2 A 1 2200 CI.4RENDON RIND., THIRTEENTH FLOOR I ARLINGTON, VA 22201-3359 LOUDOCN OFFICE 703 737 3633 I PRINCE WILLIAM OFFICE 703 680 4664 ATTORNEYS AT LAW RECEIVED MAY 2 0 2013 PROFFERS Develpo Community& Planning ng SEVENTEENTH CARR— LAYTON HALL LIMITED PARTNERSHIP ZONING MAP AMENDMENT May 14, 2013 Pursuant to Section 15.2-2303(a) of the Code of Virginia, 1950, as amended, and Section 110-7 (b) of the Zoning Ordinance of the City of Fairfax, Virginia, Seventeenth Carr-Layton Hall Limited Partnership, for itself, and its successors and/or assigns (hereinafter referred to as the "Applicant") in Z-12110097 tiled on property identified on the City of Fairfax tax map 57-2 ((2)) 174 (hereinafter referred to as the "Application Property") hereby proffers the following, provided that the Fairfax City Council approves a rezoning of the Application Property from the RM District to the RPD and the Old Town Fairfax Transitional Overlay District in conjunction with a general development plan/preliminary site plan for residential development. These proffers shall replace and supersede all previous proffers approved on the Application Property. In the event the rezoning is denied by the Council, these proffers shall immediately be null and void. 1. GENERAL DEVELOPMENT PLAN/PRELIMINARY SITE PLAN Development of the Application Property shall be in substantial conformance with the General Development Plan/Preliminary Site Plan (GDP/PSP) prepared by Dewberry Consultants LLC consisting of nine (9) sheets, dated November 9, 2012, with a cover sheet revised through April 25, 2013. 2. TRANSPORTATION A. The Applicant shall install three (3) curb bump outs on Layton Hall Drive as shown on the GDP/PSP. B. Two (2) pedestrian crosswalks shall be installed by the Applicant across Layton Hall Drive as shown on the GDP/PSP. The crosswalks shall be installed using stamped concrete or painted asphalt as coordinated with the Department of Community Development and Planning. C. The Applicant shall stripe a bicycle lane or bicycle sharrow indications along the north and south sides of Layton Hall Drive from University Drive to Old Lee Highway as coordinated with the Department of Public Works to facilitate connections to the Old Town Fairfax area. Said bicycle lanes or bicycle sharrow indications shall be located within existing right-of-way. If said improvements cannot be located within existing right-of-way, the Applicant shall install the improvements on the north side only. Page 2 D. At issuance of the final occupancy permit for the Application Property, and subject to the approval of the Department of Public Works, the Applicant shall evaluate and modify, if necessary, the signal timing at the intersection of Layton Hall Drive and Old Lee Highway with the objective of lessening the queuing on eastbound Layton Hall Drive during the weekday a.m. peak traffic period. 3. STREETSCAPE A. The Applicant shall install a streetscape generally consisting of landscaping and a six (6) foot wide brick sidewalk along the Application Property's Layton Hall Drive frontage as shown on the GDP/PSP. The brick sidewalk shall extend to the existing painted crosswalk on University Drive that will remain. B. Subject to the granting of the Applicant's request for service by the public gas utility provider, the Applicant shall install gas lights compatible with those in the Old Town District along the Application Property's Layton Hall Drive frontage. The style of the gas lights shall be generally in conformance with that shown on the GDP/PSP. The spacing of the gas lights shall be coordinated with the Department of Community Development and Planning. Should the public gas utility provider not grant the Applicant's request for service, the Applicant shall install the lights with electric fixtures that have a similar appearance to a gas light. C. Utilities located along the Application Property's Layton Hall Drive frontage and on the Application Property shall be located underground. 4. LANDSCAPING AND OPEN SPACE A. Landscaping on the Application Property shall be in conformance with the landscape design shown on the GDP/PSP. Adjustments to the type and location of vegetation and the design of landscaped areas and streetscape improvements/plantings shall be permitted in consultation with the Department of Community Development and Planning. Supplemental planting of native species within the RPA shall be provided in coordination with the Department of Community Development and Planning at time of site plan. B. The retaining wall located at the rear of Buildings B and C as identified on the GDP/PSP shall be constructed of rubble stacked stone and shall have a maximum height of ten (10) feet. Additional retaining walls shall be constructed of rubble stacked stone and shall have a maximum height of fourteen (14) feet. A metal embossed black railing shall be installed on top of all walls that exceed a height of three and one-half(3.5) feet. 5. STORMWATER MANAGEMENT/BEST MANAGEMENT PRACTICES A. The Applicant shall implement an enhanced Stormwater Management (SWM) and Best Management Practices (BMP) plan to control the quantity and quality of stormwater runoff from the Application Property. Stormwater management facilities shall consist of several underground storage facilities with appropriate Page 3 BMP/LID measures. The Applicant reserves the right to pursue additional stormwater management measures provided the same are in substantial conformance with the GDP/PSP. B. At time of site plan approval, the Applicant reserves the right to install pervious pavers for parking that is located within the designated Resource Protection Area (RPA). 6. RECREATIONAL AMENITIES A. The Applicant shall provide on-site recreational facilities to serve the residences of the Application Property, including a swimming pool and community building as shown on the GDP/PSP. Within the community building shown on the GDP/PSP, amenities shall include, but not be limited to, an exercise room with equipment, media center, multi-purpose room, dressing rooms and a cyber café. A leasing office shall also be located in the community building. B. At time of site plan approval, the Applicant shall contribute the sum of thirty-five thousand dollars ($35,000.00) to the City of Fairfax for use in the planning, design and/or construction of recreational amenities at Van Dyke Park, which may include the establishment of a community garden. 7. PEDESTRIAN CONNECTIONS A. The Applicant shall install a trail connection on the Application Property in proximity to proposed Building C to an existing trail located parallel to University Drive that connects to the existing trail network at Van Dyke Park as shown on GDP/PSP. B. The Applicant shall install internal sidewalks on the Application Property as shown on the GDP/PSP. The concrete sidewalks shall be five (5) feet in width with brick banding. C. Subject to receipt of any necessary letters of permission at no cost, the Applicant shall resurface and widen the existing bicycle path/trail parallel to University Drive on the Application Property side of the existing floodplain from six (6) feet to eight (8) feet. D. The Applicant, in coordination with the Parks Director of the City of Fairfax and subject to receipt of any necessary letters of permission at no cost, shall construct a trail on the northeastern portion of the Application Property that provides a direct connection to Van Dyke Park. Should a connection location not be identified at time of site plan, the Applicant shall escrow the sum of twenty-five thousand dollars ($25,000.00) for the construction of a future trail connection by others. Page 4 8. ARCHITECTURAL DESIGN A. The architectural design of the buildings shall be consistent with the conceptual elevations as shown on the GDP/PSP, and shall be generally consistent in style on all sides of the buildings. Juliette and/or full-size balconies shall not extend more than four (4) feet from the building. The elevations may be refined as a result of final design and engineering so long as the character and quality of the buildings remain in substantial conformance with those shown on the GDP/PSP. Building materials shall be predominately brick with pre-cast concrete or pre-finished painted brick at entries. Architectural elements, such as varied wall setbacks, brick banding, soldier coursing and/or relief patterns, shall be incorporated into the overall design to be presented for review by the Board of Architectural Review. B. Mechanical equipment shall not be located on the roofs of the buildings. Any mechanical equipment located on the ground shall be screened by fencing, landscaping or a combination thereof C. At time of site plan and building plan approval, the Applicant shall demonstrate compliance of the residential buildings with the universal design criteria as set forth in the ICC/ANSI A117.1 (American National Standard Accessible and Usable Buildings and Facilities as referenced in the current edition of the Virginia Statewide Building Code) and the 1988 Fair Housing Design Manual. D. The proposed development shall consist of studios, one-bedroom and two- bedroom units, with a majority of the units comprised of studios and one-bed rooms. The layout of the units shall be as generally shown on the GDP/PSP as may be modified with final design and market demand. E. The Applicant shall install sprinkler systems in each proposed building. 9. SUSTAINABLE DESIGN A. In order to promote energy conservation and green building techniques, the Applicant shall incorporate energy saving devices which may include, but not be limited to, use of ENERGY STAR' appliances, energy efficient mechanical systems, recycling for occupant refuse, energy efficient lighting and insulation that meets or exceeds applicable energy code requirements. B. At time of site plan submission, the Applicant shall submit a LEED checklist to demonstrate the incorporation of energy saving components as described above and as generally available in the marketplace. C. All buildings shall be designed in accordance with the 2009 International Energy Conservation Code (IECC). Page 5 10. PARKING MANAGEMENT A. The Applicant shall assign parking management as one of the duties of its property manager. Parking management shall entail the efficient use of available constructed parking spaces, including the assignment of parking spaces to residents within the parking garage, and designation of guest parking as identified by signage. No fewer than two (2) conveniently located parking spaces will be reserved for vanpools and/or car sharing services. B. The Applicant shall assign one (1) parking space per unit that will be included in the monthly rent for each unit. The Applicant reserves the right to charge a fee or premium for preferred and/or additional parking spaces. A minimum of seven (7) guest parking spaces shall be provided adjacent to the community building. Additional guest parking shall be clearly designated on the Application Property and distributed throughout the site. 11. TRANSPORTATION DEMAND MANAGEMENT STRATEGIES In an effort to reduce the numbers of vehicle trips generated by the Application Property, the Applicant shall implement Transportation Demand Management ("TDM") strategies. These strategies will include, but not be limited to, the following: A. Designation of a Transportation Management Coordinator ("TMC") which may be one of the duties assigned to its property manager. The TMC will provide on- site assistance to residents and employees in forming and maintaining carpools and vanpools. The TMC will display in the Application Property's leasing office information on local transit services, carpool programs, and ridesharing programs. The TMC will ensure that the displayed information is current. B. Availability of covered bicycle storage facilities for residents in garages. A bicycle rack will also be provided on the Application Property for site visitors and/or employees. C. At the time of initial lease, the Applicant shall provide prepaid SmarTrip cards with a value of twenty-five ($25.00) to new residents. D. Designation of a centralized office space in the community building on the Application Property that may be used by residents for telework activities. The space will include access to a computer, printer, and facsimile machine. E. Installation of at least one interior or exterior electric vehicle charging station on the Application Property. 12. SIGNS In coordination with Department of Community Development and Planning, the Applicant shall install, or allow the City of Fairfax to fabricate and install, way-finding signs, district entry signs and/or trail signs consistent with those located in the Old Town Page 6 Fairfax Area at a cost not to exceed ten thousand dollars ($10,000.00). Any funds not expended on said signs shall be allocated to improvements to Van Dyke Park. 13. TENANT RELOCATION The Applicant shall provide for tenant relocation in accordance with the plan attached hereto as Exhibit A. 14. AFFORDABLE HOUSING In order to address the need for affordable housing in the City of Fairfax, the Applicant shall lease eighteen (18) of the units constructed on the Application Property as affordable units in accordance with the following conditions: A. Nine (9) units shall be affordable to households with an income of up to eighty (80) percent of the median income (AMI) for the Washington Standard Metropolitan Statistical Area as specified annually by HUD. Income eligibility limits shall be adjusted based on household size as follows: 70% for a one person household, 80% for a two person household, 90% for a three person household and a 100% for a four person household. B. Nine (9) units shall be affordable to households with an income of up to seventy (70) percent of the median income (AMI) for the Washington Standard Metropolitan Statistical Area as specified annually by HUD. Income eligibility limits shall be adjusted based on household size as follows: 70% for a one person household, 80% for a two person household, 90% for a three person household and a 100% for a four person household. C. The units shall be integrated into and dispersed throughout the development to the extent feasible. D. The number of bedrooms per unit shall be proportional to the number of bedrooms per unit in the market units. E. The tenants who lease the units shall meet the income eligibility criteria identified herein as documented annually to the Applicant and remain in good standing for the term of the lease. Said documentation shall be made available to the Department of Community Development and Planning on an annual basis upon request. F. Should a tenant leasing a unit no longer qualify under the income eligibility criteria identified herein, the Applicant, within its sole discretion, shall either allow the tenant to continue occupancy at market rates and designate another unit within the development as affordable, when available, or relocate the tenant to a market rate unit and continue to lease the previously designated affordable unit in accordance with the income eligibility criteria. Page 7 G. Marketing of the units shall include coordination with non-profit organizations including those that serve military personnel who have been wounded during service. H. The affordability restriction described herein shall remain in place for twenty (20) years after the issuance of the first occupancy permit for an affordable unit on the Application Property at which time this proffer shall be null and void and of no further force and effect. 15. MISCELLANEOUS A. Occupancy Restrictions. To the extent permitted by State and Federal Fair Housing regulations, the occupancy of each dwelling unit in the development shall be limited to no more than two (2) persons per bedroom. B. Construction. The improvements described herein shall be constructed concurrently with the development unless otherwise specified. Should any of the improvements described herein be delayed due to circumstances beyond the Applicant's control, later dates for compliance may be permitted as determined appropriate by the Zoning Administrator. C. Security. The Applicant shall include security features as a part of final architectural design. Any security cameras installed on the Application Property shall include a thirty (30) day retention of information. D. Demolition. The demolition of existing buildings shall be performed in accordance with all State and local regulations for the removal of asbestos. E. Successors and Assigns. These proffers will bind and inure to the benefit of the Applicant and its successors and assigns. 1A0561311 DOC/ I Draft Proffers 05.14.13(cln)-adu housing 000053 0002311 APPLICANT/OWNER OF TAX MAP 57-4 ((2)) 174 SEVENTEENTH CARR - LAYTON HALL LIMITED PARTNERSHIP By: GP-LAYTON HALL, L.L.C., a Virginia limited liability, General Partner By: J4 E. Cowles Its: Manager [SIGNATURES END]