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2013-14 ORDINANCE NO. 2013-14 AN ORDINANCE TO AMEND THE ZONING MAP OF THE TO P D OF FAI FAX,, VIRGINIA TO RECLASSIFY FROM R-2, RESIDENTIAL DEVELOPMENT (WITH PROFFERS) THE PROPERTY IDENTIFIE STRE D AND 1 AND 3603 JERMANTOWN ROAD AND 10823 AND 10825 PARTICULARLY DESCRIBED AS TAX MAP 47-3-2: 006, 007, 007A, AND 17-3-06- 002. Agent, submitted application No. Z- 12060114 Christopher Land LLC, by E. John Regan, A g 12060114 requesting a change in the zoning classification ro identified 2, Residential idential to m re P-D(p), Planned Development(with proffers), for parcels specifically described as follows: Beginning at a point lying on the southeasterly right of way line of Jermantown Road - Route #655 (width varies), said point marking a corner of the property, 181 ; of the Board of Supervisors of Fairfax County, Virginia said D.B.southeasterly, P 1 righ); thence leaving said point and running with a p courses and distances: of wa y line of Jermantown Road the following six (6) 1. North 25°21'51" East, 65.27 feet to a point;thence 2. South 64°56'34" East, 8.00 feet to a feet to point; a point; thence 3. North 26°12'11" East, 101.99 South 64°55'26" East, 22.46 feet to a point; thence 5. North 24°10'30" East, 122.65 feet to a point; thence 6. 39.66 feet along the arc of the tangent curve to the right having a radius of 25.00 feet and a chord bearing and distance of North 69°37'32" East, 35.63 feet to an iron pipe (found) marking the intersection of southwesterly right of way line of Carol S reet (50' wide) and the aforesaid southeasterly right of way line Jermantown Road; thence leaving said intersection and running with a portion of said southwesterly right of way line of Carol Street (found) markig 7. South 64°55'26" East, of Lot 4 tSec Section 2 pipe Heights (DAB.r the northwesterly corne 1020, Pg. 141); thence leaving the aforesaid southwesterly righ of way line of Carol Street and running with a portion of the west Irly line of said Section 2 —Bruin Heights,the following two (2) courses and distanbces: 8. South 21°42'31" West, 148.28 feet to an iron pipe (found); thcn 9. South 19°54'57" West, 293.03 feet to an iron pipe (found) lying) the northerly line of the aforesaid property of the Board of running Supervisors of Fairfax County (D.B. 425, Pg. 181); with a portion of said northerly line 10.North 50°29'38" West, OOf.00 or 3 87174 acres of land; and containing 168,653 square WHEREAS,the City Council has carefully considered the application, the proposed proffers, the recommendation of the Planning Commission, the recommendation of staff, and the testimony received at public hearing; and WHEREAS, the City Council has determined that the proposed n rezoning nii proset farad in accordance with the Comprehensive Plan as well as with pertinent Code of Virginia and the Code of the City of Fairfax Virginia; NOW, THEREFORE BE IT ORDAINED, that the above described property be rezoned from R-2, Residential to P-D(p), Planned Development (with proffers); BE IT FURTHER ORDAINED, that the above described property be Cit subjecto the h proffered following reasonable conditions authorized by City Code Section 110-7, whic by the property owners: 1. GENERAL DEVELOPMENT PLAN substantial The general character of the development of the Property shall be in(GDP/PSP), conformance with the General Development as Plan/Preliminary evised through May 14, 2013, pjrepared entitled"Avery Park" dated June by Charles P. Johnson& Associates, Inc. 2. LANDSCAPING ert in a. The Applicant reserves the right to install an entry feature on the Pr per y in proximity to its access points on Carol Street. Said features may include walls and/or fencing in addition to landscaping. 3. TREE PRESERVATION. pp a. rm The Applicant shall take necessary steps and actions to den ensure the o trees 5 survival, and continuing structural integrity and health of sh through 7 of 9 of the GDP/PSP to be preserved both on site landscape and t e ones s hotted as Ann Street. The off part of the subdivision/site p site in the outfall area from lan e site shall to conform to the GDP/PSP. Minor mo ifications be permitted to the extent that these do not change the designation of ndividual may p impacts to the areas outside the trees to be preserved or result in significant physical limits of clearing and grading shown on the GDP/PSP. Applicant shall retain the services b. Prior to subdivision/site plan submission t of the o ed site grading on the trees to be g g of a certified arborist to review the imp proposed preserved and on nearby off-site trees that may be impacted by site development. The eent. The certified arborist shall prepare a Tree Management Plan nch specifying if ing p�uni ry root practices to be used to maximize chances of tree survival,, p g, ide runin mulching, fertilization and others as necessary da and d ntifyin necessary g any trees sett that in the arborist's professional judgment would become should be removed. The Tree Management Plan shall be incorporated into the an subdivision/site plan for review and approval. c. All trees designated to be preserved shall be p rotected by t protection gauge tre e protection wire fencing. Tree protection fencing shall consist of 4-foot high, 14 the ge ne and wire attached to six (6) foot steel posts driven eighteen (18) rotection fencing shall, be installed be shown on the subdivision/site plan. All tree protection protection prior to any site clearing and grading activities. The f a certified d arborist or pandscape fencing shall be performed under the supervision of and accomplished in a manner that does not harm existing vegetation. the trees will be inspected by the d. At the time of bond release for each section,Applicant. Should any existing City and the certified arborist retained by the App individual tree shown for preservation not survive due to the impact of construction, the Applicant shall replace such trees as follows: inches in caliper failing to survive, one (1 • Foratreeupto five (5) � ) tree with a in caliper of not less than three and a half(31/2) inches shall be provided; • For a tree between five (5) and no less than sixteen (16) inches in caliper failing to survive, two (2) trees with a caliper of not less than three and a half(31/2) inches shall be provided; • For a tree with a caliper of sixteen (16) inches or greater failing to survive, three O 3 trees with a caliper of not less than three and a half(31/2) inches shall be provided; • cement trees shall be the same species of the failing tree except In general,the replacement that the Applicant may substitute trees of different species with the advice and consent of the Department of Community Development and Planning. 4. HOMEOWNERS' ASSOCIATION Applicant shall form a Homeowners' Association (HOA) for the Pro erty. a. The App t lot, shall be responsible for maintenance of the adjacent ents, The HOA s quality the HOA. Further, the HOA shall be responsible or the stormwater management facilities and water q pros ective and the open space owned by The Applicant shall notify all p enforcement of restrictions on the Property. in writing at the time of settle ent of purchasers in sales literature and purchasers and restrictions. Maintenanc onsbmol s shall ll these maintenance responsibilities include, but not be limited to,of HOA fac�lities.ravel aisle maintenance, common areas and the up keep 5. PRIVATE STREETS i public ingres -egress Plat recording, the Applicant shall grant a p At the time of Record private streets to permit access or trash easement to the City of Fairfax °VVehicles ccollection, recycling and emergency vehicles. 6. RESTRICTIVE COVENANTS t be limite to, the shall include, but no Restrictive covenants for the Property I following: a. No person will be allowed to construct an a exterior I 1 by the decks and fences) without the by larcitectural uidelines improvements (including which shall be guided Homeowners Association, established by the Applicant, review and approval of Community Develo ment and p Planning and receipt of necessary building permits. parking of vehicles within b. Conversion of garages that will preclude the p of vei the use in prohibited in the development. (This shall not preclude the garage will be p marketing of the development, garages as sales offices in the les offices hwill bee converted back to garages upon sale of with the understanding the s the models.) ance of the private streets, the stormwater deT s located water c. The maintenance featur facilities, walkways, retaining walls and other landscaping p common open space including the tot lot will be the resp nnsibill lity of he Thirteen (1 O lots.in otn perpetuity, and said maintenance adequate liability insubrancerto ed as protect against legal claims that The HOA shall obtain adequ 1 may arise from the maintenance of these facilities. Itunderstood of tha system ques t the C t shall be made to have the private streets taken into t Y d. Outside storage of recreational vehicles the Property shall be prohibited both on individual lots and elsewhere on the Property. 7. ARCHITECTURAL DESIGN The Single-Family detached houses shall have façades forty-six 46 pgaude of brick, stone,any cementitious siding, vinyl siding with o S minimum 6 shall have(brick or stone Fronts and combination of these materials brick or stone Right Sides. Lots 5 and 13 shall brick or stone Fronts and brick or stone Left Sides. The required brick or stone facades hawindows andt0orna�ent t on tend appurtenances such as bay windows, dormer detailing in other materials. The architectural design shall generally conform with the character and quality of the illustrative rendering depicted on sheet 9 of 9 of the GDP/PSP and the architectural renderings prepared by Devereaux & Associates,Inc. The Applicant reserves the right to modify final architectural design subject to City of Fairfax Department of Community Development & Planning approval. 8. JERMANTOWN ROAD IMPROVEMENTS a. Acorn lighting shall be installed along Jermantown Road. b. The Applicant shall be responsible for the engineering and cost of insthlling a city standard bus stop near the intersection of Jermantown and Carol Street. c. Street Trees shall be installed along Jermantown Road. 9. UNDERGROUNDING UTILITIES Subject to approval by City Council, the applicant shall underground the utilities on its property frontage along Jermantown Road. It is understood and agreed that if 0. utility pole is required to support a pole on the Northern side of Jermantown Road, then that pole shall remain. All above ground utilities shall remain above ground oil Carol Street. All other utilities that service the proposed project shall be underground) 10. 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 desi4nee 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; i. Maintenance of entrances, and j. Any provisions necessary to allow the current owners of 3601 Jermantown Road to stay in the house until a new house within the subdivision is reidy. The Applicant shall take every reasonable step to discourage traffic through nearby single-family neighborhood communities. The Applicant shall post signs that the construction traffic be routed all construction traffic to the site via Jermantown Road and the very northern section of Carol Street. The Applicant shall ban its employees and employees of contract6rs and subcontractors working on the site from parking on the north section of Car 61 Street and on other nearby City streets. The Applicant shall install signs to that effect if requested by the City's representative. The Applicant shall provide a plan for phased construction of the development one (1) 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 provide cash, bond, letter of credit in the amount of Twenty Thousand Dollars ($20,000) to provide for any damage to the road system fronting the Property due to construction traffic. A joint inspection with the DPW of the condition of such roads shall be made prior to the start of construction. At the conclusion of construction, a joint inspection with the DPW of the condition of such roads, and if there has been no damage due to construction traffic, said bond or letter of credit shall be released to the Applicant forthwith. The Applicant shall identify a person who shall serve as a liaison to the community throughout the duration of construction. The name and telephone number of this individual shall be provided in writing to residents and business owners abutting the site, and to the City of Fairfax's Department of Community Development & Planing. Construction activity shall be limited form 7:00 A.M. to 6:00 P.M. weekdays and 8:30 A.M. to 5:00 P.M., Saturdays. No construction activity shall take place on Sundays. 11. GREEN BUILDING DESIGN The Applicant shall design and construct the homes on the property to conform',with a known "Green Building Standard" such as the NAHB "National Green Building Standard" or "Earthcraft Homes of Virginia" program. Conformance shall be certified by a third party as selected by the applicant. 12. UNIVERSAL DESIGN All of the new homes on the property shall have the following universal design elements incorporated into their construction, in conformance with as many of the standards of the "Easy Living Homes of Virginia" program as practically possible. 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 sided of the house. b. Interior doors along the accessible route on the ground floor shall be a minimum of thirty-two (32) inches wide, with easy-open hardware. c. Minimum thirty-six (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. 13. NOISE STUDY Prior to second submission of the final site plan, the Applicant shall submit noise study to the Department of Community Development and Planning which shall include noise levels from I-66 and Jermantown Road to determine what, if any noise attenuation measures may be needed. Based on the findings of that report, the Applicant shall identify units on the site plan that are anticipated to be impacted by noise greater than 65 dBA Ldn in the rear yards and shall provide noise attenuation measures designed to reduce interior noise of those identified noise impacted units to a level of approximately 45 dBA Ldn. 14. JERMANTOWN ROAD DEDICATION The Applicant shall dedicate land along Jermantown Road for future improvement on Jermantown Road. The area is shown on the GDP/PSP. 15. 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. 16. SCHOOL CONTRIBUTION In recognition of the property's close proximity to Providence Elementary School, and likelihood that some of the residents of the new community planned for the property will attend Providence, applicant agrees to work with the City of Fairfax chool Board, City Superintendant of Schools, and the Providence Elementary chool principal to determine school needs that may be met by the applicant. The ap licant will provide in-kind funding in amount not to exceed Two Thousand Five H ndred Dollars ($2,500) for each newly approved dwelling unit to meet the agree upon needs, prior to the issuance of the first residential use permit for the property. 17. PARKS AND RECREATION i In recognition of the potential demand placed on recreational spaces in close proximity of the property by its future residents, the applicant agrees to work 'th the City's Director of Parks and Recreation to determine recreational needs that ay be met by the applicant. These needs shall be identified to exist at Fairchester Woods Park, or Kutner 'ark or Cobbdale Park or to fund the installation of the tot lot shown on the GDP/PSP. At the time of subdivision plan review, the Applicant shall demonstrate that th- value of any proposed recreational amenities is equivalent to a minimum of One Thousand Seven Hundred Dollars ($1,700) per dwelling unit. In the event it is demonstrat:d that the proposed tot lot does not have sufficient value, the Applicant shall contribute funds or provide in-kind funding in the amount needed to achieve the overall proffered amount to meet the agreed upon needs. This proffer needs to be satisfied prior to the issuance of the first residential use permit for the property. 18. STORMWATER MANAGEMENT Stormwater management shall be designed in accordance with 4VAC50-60-62 through 4VAC50-60-92. 19. TIMING OF DEMOLITION OF 3601 JERMANTOWN ROAD Prior to issuance of the tenth building permit, the existing house at 3601 Jermantown Road shall be demolished. BE IT FURTHER ORDAINED, that the above conditions, application package and g neral pp g development plan/preliminary site plan be approved, and that the following varianes be granted: • from City Code § 110-634 (2) to reduce the minimum required open space setb ck of at least 20 feet around the external walls of any structure to 15 feet in the fron yard for the main house and as shown for accessory structures; and • from City Code § 110-634 (5) to waive the requirement that a minimum of 200 square feet of commercial gross floor area be provided for each dwelling in the jD(p) District. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to(show Y g p 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 oif 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. PUBLIC HEARING: May 28, 2013 i ENACTED: May 28, 2013 e„....--' /e . yi...40:_..7— brat.4.4.." 4.311_44.4_,,.. Mayor 5--/ s/i3 Date ATTEST: City Clerk Votes Councilman DeMarco Aye Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye' it ICI RECEIV D MAY 1 4 2013 Dept PROFFERED CONDITIONS •of Comm null Development&PI nntng Christopher Land L.L.C. Z-12060114 Avery Park As Revised on May 14, 2013 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, Christopher Land L. L. . ("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-12060114 filed by the Applicant, =s amended, and shown on City of Fairfax Tax Map Parcels 47-3-02-6, 47-3-02-7, 47-3-02-7A, a d 47-3-06-2 containing 3.872 acres (collectively, the "Property"), will be in accordance with ti e following Proffered Conditions if the Zoning Map Amendment is granted and the Property is rezoned to the PD District in accordance with Applicant's General Developme t Plan/Preliminary Site Plan (GDP/PSP), dated June 21, 2012, as revised through May 14, 2013, showing Thirteen (13) residential units. The proffered conditions are: 1. GENERAL DEVELOPMENT PLAN The general character of the development of the Property shall be in substanfal conformance with the General Development Plan/Preliminary Site Plan (GDP/PS'), entitled "Avery Park" dated June 21, 2012, as revised through May 14, 2013, prepared m Charles P. Johnson & Associates, Inc. 2. LANDSCAPING a. The Applicant reserves the right to install an entry feature on the Property in proximity to its access points on Carol Street. Said features may include decorative wa Is and/or fencing in addition to landscaping. 3. TREE PRESERVATION. a. The Applicant shall take necessary steps and actions to ensure the long-te survival, and continuing structural integrity and health of trees designated on sheets 5 through 7 of 9 of the GDP/PSP to be preserved both on site and the ones shown off site in the outfall area from the site to Ann Street. The landscape plan submitted as part of t e subdivision/site plan shall conform to the GDP/PSP. Minor modifications may me permitted to the extent that these do not change the designation of individual trees to se preserved or result in significant physical impacts to the areas outside the limits of clearing and grading shown on the GDP/PSP. b. Prior to subdivision/site plan submission the Applicant shall retain the services of a certified arborist to review the impact of proposed site grading on the trees to be • USACTIVE-102846024.3 5/16/13 2 07 PM preserved and on nearby off-site trees that may be impacted by site development. T i e certified arborist shall prepare a Tree Management Plan specifying preservation practic s to be used to maximize chances of tree survival, such as crown pruning, root prunin_, mulching, fertilization and others as necessary and identifying any trees that in t i e arborist's professional judgment would become hazardous in the new setting and shou d be removed. The Tree Management Plan shall be incorporated into the subdivision/si e plan for review and approval. c. All trees designated to be preserved shall be protected by tree protection fencinc_. Tree protection fencing shall consist of 4-foot high, 14 gauge welded wire attached o six (6) foot steel posts driven eighteen (18) inches into the ground and shall be shown .n the subdivision/site plan. All tree protection fencing shall be installed prior to any s'te clearing and grading activities. The installation of all tree protection fencing shall Be performed under the supervision of a certified arborist or landscape architect a i d accomplished in a manner that does not harm existing vegetation. d. At the time of bond release for each section, the trees will be inspected by t e City and the certified arborist retained by the Applicant. Should any existing individ al tree shown for preservation not survive due to the impact of construction, the Applic.nt shall replace such trees as follows: • For a tree up to five (5) inches in caliper failing to survive, one (1) tree with a cali er of not less than three and a half(31/2) inches shall be provided; • For a tree between five (5) and no less than sixteen (16) inches in caliper failing to survive, two (2) trees with a caliper of not less than three and a half(31/2) inches shall Be provided; • For a tree with a caliper of sixteen (16) inches or greater failing to survive, three 13) trees with a caliper of not less than three and a half(31/2) inches shall be provided; • In general, the replacement trees shall be the same species of the failing tree exc:pt that the Applicant may substitute trees of different species with the advice and consent of the Department of Community Development and Planning. 4. HOMEOWNERS' ASSOCIATION a. The Applicant shall form a Homeowners' Association (HOA) for the Prope y. The HOA shall be responsible for maintenance of the private streets, sidewalks, tot 1 t, stormwater management facilities and water quality facilities, and adjacent easeme ts, and the open space owned by the HOA. Further, the HOA shall be responsible for he enforcement of restrictions on the Property. The Applicant shall notify all prospect ve purchasers in sales literature and purchasers in writing at the time of settlement of th se maintenance responsibilities and restrictions. Maintenance responsibilities shall inclu e, but not be limited to, snow removal, travel aisle maintenance, mowing of common ar as and the up keep of HOA facilities. )j - 2 - 5. PRIVATE STREETS At the time of Record Plat recording, the Applicant shall grant a public ingress-egre s easement to the City of Fairfax over the private streets to permit access for tra h collection, recycling and 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 structu .1 improvements (including decks and fences) without the review and approval by t e Homeowners Association, which shall be guided by architectural guidelines establish;d by the Applicant, review and approval of Community Development and Planning a d receipt of necessary building permits. b. Conversion of garages that will preclude the parking of vehicles within t, e garage will be prohibited in the development. (This shall not preclude the use of garag-s as sales offices in the model homes during marketing of the development, with t e understanding the sales offices will be converted back to garages upon sale of t e models.) c. The maintenance of the private streets, the stormwater detention/wa -r quality facilities, walkways, retaining walls and other landscaping features located in common open space including the tot lot will be the responsibility of the HOA in perpetuity, and said maintenance costs shall be shared as among all Thirteen (13) lo s. The HOA shall obtain adequate liability insurance to protect against legal claims t at may arise from the maintenance of these facilities. It is understood that no request sh 11 be made to have the private streets taken into the City of Fairfax street system. d. Outside storage of recreational vehicles on the Property shall be prohibit d both on individual lots and elsewhere on the Property. 7. ARCHITECTURAL DESIGN The Single-Family detached houses shall have façades comprised of brick, sto e, cementitious siding, vinyl siding with a minimum forty-six (46) gauge material, or a y combination of these materials. Lots 1 and 6 shall have brick or stone Fronts and brick or stone Right Sides. Lots 5 and 13 shall brick or stone Fronts and brick or stone Left Sid,s. The required brick or stone façades shall be deemed to allow architectural appurtenan•es such as bay windows, dormer windows and ornamentation and detailing in of er materials. The architectural design shall generally conform with the character and quality of t e illustrative rendering depicted on sheet 9 of 9 of the GDP/PSP and the architectu al renderings prepared by Devereaux & Associates, Inc. The Applicant reserves the right to modify final architectural design subject to City of Fairfax Department of Community Development & Planning approval. . - 3 - 8. JERMANTOWN ROAD IMPROVEMENTS a. Acorn lighting shall be installed along Jermantown Road. b. The Applicant shall be responsible for the engineering and cost of installing a ci y standard bus stop near the intersection of Jermantown and Carol Street. c. Street Trees shall be installed along Jermantown Road. 9. UNDERGROUNDING UTILITIES Subject to approval by City Council, the applicant shall underground the utilities on i s property frontage along Jermantown Road. It is understood and agreed that if a utili y pole is required to support a pole on the Northern side of Jermantown Road, then the t pole shall remain. All above ground utilities shall remain above ground on Carol Streit. All other utilities that service the proposed project shall be underground. 10. CONSTRUCTION MANAGEMENT PLAN Subsequent to rezoning approval but prior to site plan approval, the Applicant agrees o submit a management plan for approval by the City Manager or his designee fir 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; i. Maintenance of entrances, and j. Any provisions necessary to allow the current owners of 3601 Jermantown Road to stay in the house until a new house within the subdivision is ready. The Applicant shall take every reasonable step to discourage traffic through nearby single-family neighborhood communities. The Applicant shall post signs that the construction traffic be routed all construction traffic to the site via Jermantown Road and the very northern section of Carol Street. - 4 - j� " The Applicant shall ban its employees and employees of contractors and subcontracto s working on the site from parking on the north section of Carol Street and on other near y City streets. The Applicant shall install signs to that effect if requested by the City s representative. The Applicant shall provide a plan for phased construction of the development one (1 ) month prior to beginning construction to include the timetable for public and si e improvements and plans for any ancillary facilities such as sales or construction trailers. The Applicant shall provide cash, bond, letter of credit in the amount of Twen y Thousand Dollars ($20,000) to provide for any damage to the road system fronting t e Property due to construction traffic. A joint inspection with the DPW of the condition .f such roads shall be made prior to the start of construction. At the conclusion a f construction, a joint inspection with the DPW of the condition of such roads, and if thel e has been no damage due to construction traffic, said bond or letter of credit shall se released to the Applicant forthwith. The Applicant shall identify a person who shall serve as a liaison to the commun'ty throughout the duration of construction. The name and telephone number of t is individual shall be provided in writing to residents and business owners abutting the si e, and to the City of Fairfax's Department of Community Development & Planning. Construction activity shall be limited form 7:00 A.M. to 6:00 P.M. weekdays a d 8:30 A.M. to 5:00 P.M., Saturdays. No construction activity shall take place on Sunda s. 11. GREEN BUILDING DESIGN The Applicant shall design and construct the homes on the property to conform wit a known "Green Building Standard" such as the NAHB "National Green Buildi g Standard" or "Earthcraft Homes of Virginia" program. Conformance shall be certified y a third party as selected by the applicant. 12. UNIVERSAL DESIGN All of the new homes on the property shall have the following universal design eleme i is incorporated into their construction, in conformance with as many of the standards of 'he "Easy Living Homes of Virginia" program as practically possible. The universal desin 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 hou.e. b. Interior doors along the accessible route on the ground floor shall be a minim m of thirty-two (32) inches wide, with easy-open hardware. c. Minimum thirty-six (36) inch wide level route through the ground floor, except at doorways. - 5 - �� it d. Ground floor bathroom walls reinforced to provide for the possibility of ea h installation of grab bars at toilets, tubs and showers at a later time. e. Light switches, electrical outlets, thermostats and other controls installed 1 a accessible heights. 13. NOISE STUDY Prior to second submission of the final site plan, the Applicant shall submit a noise stu y to the Department of Community Development and Planning which shall include not e levels from I-66 and Jermantown Road to determine what, if any, noise attenuati n measures may be needed. Based on the findings of that report, the Applicant sh II identify units on the site plan that are anticipated to be impacted by noise greater than 5 dBA Ldn in the rear yards and shall provide noise attenuation measures designed o reduce interior noise of those identified noise impacted units to a level of approximate y 45 dBA Ldn. 14. JERMANTOWN ROAD DEDICATION The Applicant shall dedicate land along Jermantown Road for future improvement on Jermantown Road. The area is shown on the GDP/PSP. 15. SUCCESSORS AND ASSIGNS The Applicant, for itself, its successors and assigns, agree that these proffers shall bi d the future development of the Property, unless modified, waived or rescinded in t e future by the City Council, in accordance with applicable City of Fairfax a d Commonwealth of Virginia statutory procedures. I 16. SCHOOL CONTRIBUTION In recognition of the property's close proximity to Providence Elementary School, a d likelihood that some of the residents of the new community planned for the property w 11 attend Providence, applicant agrees to work with the City of Fairfax School Board, City Superintendant of Schools, and the Providence Elementary School principal to determi e school needs that may be met by the applicant. The applicant will provide in-ki d funding in amount not to exceed Two Thousand Five Hundred Dollars ($2,500) for ea h newly approved dwelling unit to meet the agreed upon needs, prior to the issuance of t e first residential use permit for the property. 17. PARKS AND RECREATION In recognition of the potential demand placed on recreational spaces in close proximity f the property by its future residents, the applicant agrees to work with the City's Direct r of Parks and Recreation to determine recreational needs that may be met by the applica t. These needs shall be identified to exist at Fairchester Woods Park, or Kutner Park or Cobbdale Park or to fund the installation of the tot lot shown on the GDP/PSP. - 6 - �C' i i At the time of subdivision plan review, the Applicant shall demonstrate that the value l I i f any proposed recreational amenities is equivalent to a minimum of One Thousand Sev n Hundred Dollars ($1,700) per dwelling unit. In the event it is demonstrated that t e proposed tot lot does not have sufficient value, the Applicant shall contribute funds r provide in-kind funding in the amount needed to achieve the overall proffered amount to meet the agreed upon needs. This proffer needs to be satisfied prior to the issuance of t e first residential use permit for the property. 18. STORMWATER MANAGEMENT Stormwater management shall be designed in accordance with 4VAC50-60-62 through 4VAC50-60-92. 19. TIMING OF DEMOLITION OF 3601 JERMANTOWN ROAD Prior to issuance of the tenth building permit, the existing house at 3601 Jermantown Road shall be demolished. Signature Pages To Follow III - 7 - t, // . III APPLICANT Christopher Land, LLC III By: Christopher Management, Inc., Manager By: E. J n eg r. Its: Execu ive Vice President USACTIVE-102846024 3 5/20113 11 57 AM - )t� II 10823 & 10825 Carol Street Tax map # 47-3-2 parcel 7A Tax map #47-3-6 parcel 2 L ,,,,,4- ------ i&h. cl- e buffs G. Mendez, III , _r. ,nom___ - l .,a By: Mercedes Mendez III II 1d % , 3601 Jermantown Road. Tax map # 47-3-2 parcel 7 By: Alonzo Baker, III y: inda Baker Ili II I�I US_ACTIVE-102846024 3 5/20/13 11 58 AM j(, � 3603 Jermantown Road. Tax map# 47-3-2 parcel 6 Four Mile Associates, LLC Kendric - . anager Jean M. Avlor Family Trust SC4,40/1/ta • Joa Aylor irby t- its: Sury}vor Trustee John R. B. Aylor µ Its: Survivor Trustee J ^L ✓ / / /�C l.L...'1 1.11 _ :, ' 1,1I i '1�r1 " By: Ch Jean ylor Its: Survivor Trustee Gary Lockowandt 2 (� By: Gar} Lockowandt Karen Lockowandt Harvey tiA-449 c//1.-(v y(///ttY By: Karen Lockowandt Harvey US ACTIVE-102848024 3 5/13113 12,42 PM