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2015-27ORDINANCE NO. 2015-27 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM RM - RESIDENTIAL MULTIFAMILY TO RPD — RESIDENTIAL PLANNED DEVELOPMENT WITH PROFFERS; ON THE LAND KNOWN AS 10742 TO 10764 MAIN STREET AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCEL 57-1-02-116. WHEREAS, Oak Knolls Realty Corporation, by Lynne J. Strobel, Agent, submitted application No. Z-14060098 requesting a change in the zoning classification from RM --- Residential Multifamily to RPD — Residential Planned Development with proffers, for the parcel identified above, and more specifically described as BEGINNING AT AN IRON PIPE FOUND ON THE NORTHERN RIGHT-OF-WAY LINE OF MAIN STREET, VIRGINIA ROUTE 236 , VARIABLE WIDTH RIGHT-OF-WAY; SAID PIPE BEING THE SOUTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL; THENCE N62'14'26"W 368.10' WITH THE NORTHERN RIGHT-OF-WAY OF MAIN STREET TO AN IRON PIPE SET AT THE POINT OF CURVATURE AT THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY LINE OF OAK STREET, 50'RIGHT-OF-WAY, THENCE DEPARTING THE NORTHERN RIGHT-OF-WAY LINE OF MAIN STREET AND WITH THE EASTERN RIGHT-OF-WAY LINE OF OAK STREET, THE FOLLOWING COURSES AND DISTANCES: ALONG THE ARC OF A CIRCLE 17.50'IN RADIUS, CURVING TO THE RIGHT AN ARC DISTANCE OF 25.31' THE CHORD OF SAID ARC RUNNING N20'48'31'W 23.16' TO A CHISEL HOLE IN CONCRETE; N20'37'25'E 562,14'TO A POINT AT THE SOUTHWESTERN CORNER OF THE NOW OR FORMERLY AMERICAN LEGION #177 PROPERTY; THENCE S69'2235'E 499.59'DEPARTING THE EASTERN RIGHT-OF-WAY LINE OF OAK STREET AND WITH THE SOUTHERN LINE OF THE AMERICAN LEGION #177 PROPERTY TO AN IRON PIPE FOUND ON THE WESTERLY LINE OF LOT 3 SHERWOOD SUBDIVISION; THENCE S31'2405°W 636.46'WPTH THE WESTERN LINE OF SHERWOOD SUBDIVISION AND THE NOW OR FORMERLY CHILKA PROPERTY TO THE POINT OF BEGINNING AND CONTAINING 266,036 SQUARE FEET OR 6.10735 ACRES OF LAND. 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 rezoning is proper and in accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in the Code of Virginia and the Code of the City of Fairfax. Virginia; NOW, THEREFORE BE IT ORDAINED, that the above described property be rezoned from RM — Residential Multifamily to RPD — Residential Planned Development with proffers; BE IT FURTHER ORDAINED, that the above described property be subject to the following reasonable conditions authorized by City Code Section 110-7, which are proffered by the property owners: [See attached proffered conditions dated May 18, 2015.] BE IT FURTHER ORDAINED, that the above conditions, application package and general development plan/preliminary site plan be approved; The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes in the zoning of these premises, including the existence of the proffered conditions, and the Clerk of the Council is directed to transmit duly certified copies of this ordinance to the applicant, Zoning Administrator, and to the Planning Commission of this City as soon as possible. This ordinance shall be effective as provided by law. Planning Commission hearing: April 13, 2015 City Council hearing: May 26, 2015 Adopted: May 26, 2015 Councilman DeMarco Aye Councilman Greenfield Aye Councilmember Loftus Aye Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye Mayor Date PROFFERS MOUNT VINEYARD ZONING MAP AMENDMENT May 18, 2015 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, Oak Knolls Realty Corporation, for itself and successors and/or assigns, (hereinafter referred to as the "Applicant") in Z-14060098 filed on property identified on the City of Fairfax tax map 57-1-02-116 (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 R -M District to the RPD 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, if any. In the event the rezoning is denied by the Council, these proffers shall immediately be null and void. 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 Smith Engineering consisting of 8 sheets, dated May 16, 2014 as revised through May 11, 2015. The Applicant shall have the flexibility to make minor modifications to site design and improvements shown on the GDP/PSP based on final engineering and design subject to the approval of the Director of Community Development and Planning. 2. TRANSPORTATION A. Main Street. Prior to site plan approval for the Application Property, the Applicant shall dedicate right-of-way, approximately 7.5 feet in width, along the Application Property's Main Street frontage to accommodate the minimum required arterial right-of-way width as shown on the GDP/PSP. B. Main Street Median. Subject to the approval of the Department of Public Works and VDOT, and prior to the issuance of the first Residential Use Permit (RUP) on the Application Property, the Applicant shall remove the existing left turn lane from eastbound Main Street into the Application Property and install trees in the median as shown on the GDP/PSP in accordance with City and VDOT standards and subject to existing utilities. The Applicant shall install signs to preclude u - turns for eastbound traffic on Main Street at the resultant median break subject to VDOT approval. C. Prior to the issuance of the first RUP, the Applicant shall restripe southbound Oak Street at its intersection with Main Street to allow for one left turn lane and one shared through/right turn lane, and remove/install applicable signs. Page 2 3. STORMWATER MANAGEMENT A. Design and construction of stormwater management facilities shall comply with 4VAC50-60 Virginia Stormwater Management Program (VSMP) Permit Regulations, as may be amended. At time of site plan review, the Applicant shall consider low impact development techniques beyond those shown on the GDP/PSP to the extent feasible which may include, but not be limited to, permeable pavers, infiltration, and/or bio -retention. B. At the time of site plan review, the Applicant, within its discretion, may replace the proposed above ground stormwater management (SWM) facility shown on the GDP/PSP with landscaped open space provided that all State stormwater requirements are met through other measures. 4. STREETSCAPE A. Prior to the issuance of the first RUP for an elevatored multifamily building located on the Application Property, the Applicant shall install a streetscape generally consisting of landscaping, a minimum six (6) foot wide concrete sidewalk, and acorn lights along the Application Property's Main Street frontage as shown on the GDP/PSP and in accordance with the City's Public Facilities Manual standards. The final streetscape design shall be approved at time of site plan. B. Prior to the issuance of the first RUP for a single-family attached dwelling unit located on the Application Property, the Applicant shall install landscaping, which shall incorporate existing trees, a minimum four (4) foot wide concrete sidewalk, and decorative street lights along the Application Property's Oak Street frontage as shown on the GDP/PSP. The final streetscape design shall be approved at time of site plan. C. Prior to the issuance of the first RUP for the Application Property, the Applicant shall underground utilities located along the Application Property's Main Street and Oak Street frontages and on the Application Property as shown on the GDP/PSP. Existing utility poles shall be removed, relocated or remain as shown on the GDP/PSP. 5. LANDSCAPING AND OPEN SPACE A. Landscaping on the Application Property shall be in general conformance with the landscape design shown on the GDP/PSP. Final selection of the type and location of vegetation and the design of landscaped areas and streetscape improvements/plantings shall be made as part of the site plan approval process. B. The Applicant shall retain a certified arborist, landscape architect, or a registered consulting arborist to develop a tree preservation plan for existing trees located on the Application Property and shown on the GDP/PSP to be preserved. The tree Page 3 preservation plan shall be prepared with the objective to achieve maximum survival of the existing trees as shown on the GDP/PSP. The establishment and care of a root zone treatment area for existing trees designated for preservation shall be a priority. Recommended treatments designed to enhance root systems shall be implemented and tree preservation activities shall include, but not be limited to, soil treatments, fertilization, crown pruning, root pruning, construction activity regulation, and mulching. Said tree preservation plan shall be submitted at time of site plan. C. Prior to the issuance of the final RUP, the Applicant shall install a commemorative plaque related to Ratcliffe Plantation/Mount Vineyard at the location as shown on the GDP/PSP. The text and/or graphics on the plaque shall be prepared in coordination with Historic Fairfax City, Inc. D. Prior to the issuance of the final RUP and subject to the receipt of permission from the property owner at no cost, the Applicant shall install approximately ten (10) trees, which shall be a combination of evergreens and deciduous trees, to replace overstory trees located along the northern property line of the Application Property. Said trees shall be planted on the north side of the retaining wall as shown on the GDP/PSP. Evergreens shall be approximately 6 to 8 feet in height and deciduous trees shall be approximately 2 %i inch caliper at time of planting. E. The Applicant shall coordinate phasing of landscaping and open space improvements with the Department of Public Works at time of site plan review. 6. ARCHITECTURAL DESIGN A. The architectural design and style of the buildings shall be generally consistent with the conceptual elevations as shown on the GDP/PSP. 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, cementitious board, and may include other high quality materials as reviewed and approved by the Board of Architectural Review (BAR). Architectural elements, such as varied wall setbacks, balcony locations, roof embellishments, signs, building entries, brick banding, soldier coursing and/or relief patterns, shall be incorporated into the overall design to be presented for review and approval by the BAR. B. All residential units shall comply with all applicable municipal, state and federal accessibility and anti -discrimination requirements in place at the time of building permit submission. C. All townhomes and two -over -two units shall be equipped with fire sprinkler systems, including attics. Page 4 D. At time of site plan review, the Applicant shall identify accessible units in each proposed building as required by the then, in place, applicable municipal, state, and federal accessibility requirements. E. Prior to the issuance of a building permit, the Applicant shall submit documentation to the City that exterior materials and construction techniques are effective in ensuring interior average noise levels of approximately 55 dBA between 7:00 a.m. and 9:00 p.m. and approximately 45 dBA between 9:00 p.m. and 7:00 a.m. for those buildings adjacent to Main Street. 7. PARKS AND RECREATION The Applicant shall contribute the sum of two hundred fifty dollars ($250.00) per residential unit to Fairfax City for recreation improvements. Said contribution may be reduced by an amount equivalent to the cost of installing a trail connection from the existing sidewalk parallel to Oak Street to Pat Rodio Park within existing dedicated right- of-way. If it is determined at time of site plan that a trail connection is not feasible, and/or that off-site easements are required, the Applicant shall contribute the total sum of thirty-three thousand dollars ($33,000.00) to Fairfax City that may be used for a future trail connection or for other recreation improvements in the area within the City's discretion. 8. 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. The Applicant shall install pervious pavers in the driveways of dwelling units identified as 1-9, inclusive, and 33-68, inclusive, as shown on the GDP/PSP. The type of pervious paver is subject to review and approval by the BAR. 9. 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. Bicycle Facilities. Secure, enclosed bicycle storage facilities shall be available for multifamily residents on the Application Property. A bicycle rack will also be provided on the Application Property for site visitors. The Applicant shall provide a minimum of one (1) outdoor visitor space per fifty (50) multifamily units and one (1) indoor space per ten (10) multifamily units The Applicant shall identify the location of bicycle storage facilities at time of site plan approval. Outdoor bicycle racks are subject to review and approval by the BAR. Page 5 B. Bus Shelter. Prior to the issuance of the first RUP for the Application Property, the Applicant shall install a bus shelter along the Application Property's Main Street frontage as shown on the GDP/PSP. Final design of the bus shelter is subject to review and approval by the BAR. C. Reduction of Single Occupant Vehicles. The Applicant shall provide initial purchasers with information on local transit services, carpool programs and ridesharing programs. In addition, at time of'purchaser of each dwelling unit on the Application Property, the Applicant shall provide the initial purchaser(s) of the unit with a single prepaid transit card having a value of twenty-five dollars ($25.00). 10. AFFORDABLE HOUSING Prior to issuance of the first RUP, the Applicant shall make a contribution to the City in the amount of four hundred forty thousand dollars ($440,000.00) for the purpose of supporting housing affordability within the City. 11. TENANT RELOCATION The Applicant shall provide for tenant relocation in accordance with the plan attached hereto as Exhibit A. 12. ARCHAEOLOGICAL ASSESSMENT AND HERITAGE RESOURCES A. Prior to any land disturbance on the Application Property, the Applicant shall conduct a Phase I Archaeological Site Assessment in coordination with the City; for certain areas located on the Application Property, subject to the provisions of U.S. Department of the Interior Regulation 36 CFR, and provide the results of such study to the City within thirty (30) days of completion. The Phase I study shall include a metal detection survey of potentially undisturbed areas of the Application Property, including the raised knoll in the center of the existing courtyard on the Application Property. Upon request by the City within thirty (30) days of submission of the Phase I Archaeological Site Assessment, the Applicant shall conduct a Phase II Archaeological Site Assessment on only those areas of the Application Property identified for further study. The study or studies shall be conducted by a qualified archaeological professional approved by the City Office of Historic Resources, and their review shall not delay commencement of construction. All artifacts obtained from the Application Property shall be submitted for review by the City Office of Historic Resources which shall have the option of keeping such artifacts in the City archives. B. Prior to the issuance of the first RUP, the Applicant shall contribute one thousand eight hundred ($1,800.00) to Historic Fairfax, Inc. for the replacement of an existing Mount Vineyard Plantation historical marker with a new sign that will include modified text associated with "knoll" located on the Application Property Page 6 C. Two (2) existing historic markers located in the right-of-way adjacent to the Application Property may be temporarily removed by the Applicant and stored in a protected and secure location for the duration of construction activity at their respective locations. Said markers shall be reinstalled by the Applicant upon completion of construction. 13. CONSTRUCTION MANAGEMENT A. Prior to site plan approval, the Application shall submit a construction management plan for approval by the City Manager, or designee, to address the following: (i) Hours of construction; (ii) Truck routes to and from the Application Property; (iii) Location of parking areas for construction employees; (iv) Truck staging and cleaning areas; (v) Storage areas; (vi) Fencing details; (vii) Trailer and sanitary facility locations; (viii) Traffic control measures; and (ix) Maintenance of entrances. B. Prior to commencement of construction, the Applicant shall identify a community liaison who will be available throughout the duration of construction on the Application Property. The name and telephone number of the community liaison shall be provided to community representatives living in proximity to the Application Property, adjacent commercial property owners, a representative of Paul VI High School, and the Department of Community Development and Planning. 14. OWNERS ASSOCIATION A. Formation of Condominium Owner Association and Homeowners Association. (i) Prior to the issuance of the first RUP for the Application Property, the Applicant shall establish a Condominium Owners Association (COA), as necessary for each phase of owner -occupied condominium units in accordance with Virginia law. Page 7 (ii) Prior to the issuance of the first RUP for the Application Property, a Homeowners Association (HOA) shall be established for the single family attached dwelling units. (iii) The COA and HOA documents shall provide for the granting of easements by the respective Boards and not a majority vote of the residents. B. Maintenance Obligations (i) The COA and the HOA shall have specific land areas of the Application Property within its boundaries, and shall assume all maintenance obligations required by these proffers for infrastructure, including, but not limited to, private streets, open space and landscaping, within those boundaries. (ii) Maintenance obligations may be shared by the COA and HOA pursuant to a shared maintenance agreement. (iii) Purchasers of individual condominium units and individual single family attached units shall be advised prior to entering into a contract of sale, and in the COA and/or HOA documents, that the COA and/or HOA shall be responsible for those obligations listed in these proffers. C. Disclosure Purchasers shall be advised in writing prior to entering into a contract of sale and in the COA documents and the HOA documents that the property to the north is owned and occupied by the American Legion which periodically hosts events for its membership and the community. 15. PUBLIC WORKS Existing Sanitary Line. Prior to site plan approval for the Application Property, the Applicant shall analyze approximately 1,350 feet of the receiving existing sanitary sewer line located in Oak Street and on the north end of the American Legion property to determine its condition and capacity. The condition analysis shall be conducted using photographic equipment to observe cracks and significant wear. The results of the analysis shall be provided to the Department of Public Works prior to site plan approval. Upon receipt of the analysis, the Department of Public Works shall determine whether or not any repairs or replacement is needed. The Applicant shall make any identified repairs to the sanitary sewer line prior to the issuance of the first RUP on the Application Property. 16. MISCELLANEOUS A. 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 Page 8 Applicant's control, later dates for compliance may be permitted as determined appropriate by the Department of Community Development and Planning, except for those time limitations associated with special use permit and/or BAR approval. B. Successors and Assigns. These proffers will bind and inure to the benefit of the Applicant and its successors and assigns. (A0663418.DOCX / 1 Draft Proffers - 05.18.15 (c1n) 007167 000019 ) [SIGNATURES ON NEXT PAGE] APPLICANT/TITLE OWNER OAK KNOLLS REALTY CORPORATION By: Stephen A. Bannister Its: President [SIGNATURES CONTINUE] CONTRACT PURCHASER PULTE HOME CORPORATION By: Pulte Diversified Companies, Inc. its sole shareholder By: Pulte Group Inc., its sole shareholder -.."Z By: r 4 Its: o [SIGNATURES END] PROFFERS THE ENCLAVE IDI -RTL DEVELOPMENT, LLC June 12, 2015 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, IDI-RJL Development, LLC, for the owner, and successors and/or assigns (hereinafter referred to as the "Applicant") in Z-15010010 filed on property identified on the City of Fairfax tax map 58-2-10-02-001-A, 58-2-10-001-C and 58-2-10-001 (hereinafter referred to as the "Property") hereby proffers the following, provided that the Fairfax City Council approves this General Development Plan Amendment and associated Special Exceptions and Variances for the Property, located in the Commercial Planned Development ("CPD") Zoning District, and in conjunction with an amended general development plan permitting residential development. These proffers shall replace and supersede all previous proffers approved on the Property. In, the event the rezoning is denied by the Council, these proffers shall immediately be null and void. 1. GENERAL DEVELOPMENT PLAN Development of the Property shall be in substantial conformance with the General Development Plan Amendment ("GDP") prepared by christopher consultants, consisting of 9 sheets, dated December 23, 2014, as revised through June 2, 2015. The Applicant shall have the flexibility to make minor modifications to site design and improvements shown on the GDP based on final engineering and design subject to the approval of the Director of Community Development and Planning. 2. USE The Property shall be used for multifamily residential development up to a maximum of 80 dwelling units. A condominium regime shall be created for the Property and all of the units shall be marketed as such. 3. TRANSPORTATION A. New Streets. Prior to the issuance of the first Residential Use Permit for the first building located within the Property, the Applicant shall construct at its sole expense the streets, accessways, and sidewalks on the Property as shown on the GDP that are required to provide access to the building for which the Residential Use Permit is requested. Such streets shall be maintained by the Applicant and adjoining landowners as private streets. Crosswalks and on -street parking within these shall be provided, subject to the approval of the Department of Public Works. The Applicant shall install signs and/or pavement markings for bicycles, subject to the approval of the Department of Public Works. The Applicant shall provide a public ingresslegress easement for all private streets, accessways, and Page 11 adjacent sidewalks. Prior to the issuance of the final Residential Use Permit for the Property, all streets, accessways, and sidewalks shall have final paving and shall be complete in substantial conformance with the GDP. B. Pickett Road Reservation. Prior to site plan approval, the Applicant shall reserve land area of approximately 2,644 square feet along the Property's Pickett Road frontage, which shall be dedicated to the City upon request to accommodate road improvements as depicted in the City's Comprehensive Plan. Said reservation shall be made without cost to the City of Fairfax. The Applicant reserves intensity/density credit as may be permitted by the provisions or regulations of the City for such dedication. C. Construction Timing. The Applicant shall coordinate phasing of transportation improvements with the Department of Public Works at the time of site plan approval. D. Bus Shelter. Prior to the issuance of the first Residential Use Permit for the Property and subject to the approval of the City, the Applicant shall install a bus shelter per City standards, or as approved by the Transportation Director, near the Property at the existing bus stop along northbound Pickett Road. E. Bicycle Facilities. Secure, enclosed bicycle storage facilities shall be available for the residents on the Property. A bicycle rack will also be provided on the Property for site visitors. The Applicant shall provide a minimum of one (1) outdoor visitor space per fifty (50) multifamily units and one (1) indoor space per ten (10) multifamily units. The Applicant shall identify the location of bicycle storage facilities at the time of site plan approval. F. Stop Signs. The Applicant shall install stop signs at three internal access points to existing Silver King Court. The location of the stop signs shall be determined during the site plan process, but shall be generally located at the appropriate areas within both the Property and the commercial portion of the Mantua Professional Center and shall be subject to the approval of the Department of Transportation. G. Transportation Demand Management Strgees. In an effort to reduce the number of vehicle trips generated by the Property, the Applicant shall implement Transportation Demand Management (`"TDM") strategies. These measures shall include, but not be limited to, the following: (i) Installation of the Bus Shelter referenced in Proffer 3(D) above; (ii) Installation of the Bicycle Facilities referenced in Proffer 3(E) above; (iii) The Applicant shall provide initial purchasers with information on local transit services and routes, carpool programs and ridesharing programs; and Page 12 (iv) At the time of initial purchase of a dwelling unit, the Applicant shall provide the initial purchaser of the unit with a single prepaid transit card having a value of twenty-five dollars ($25.00). 4. STORMWATER MANAGEMENT The Applicant shall provide underground stormwater management ("SWM") as generally shown on the GDP. The design and construction of stormwater management facilities shall comply with 4VAC50-60 Virginia Stormwater Management Program ("VSMP") Permit Regulations, as may be amended or other relevant standard in place at the time of site plan submission The Applicant shall consider low impact development techniques to meet water quality requirements of the VSMP regulations to the extent feasible which may include, but not be limited to, permeable pavers, infiltration, manufactured BMP facilities, and/or bio -retention. 5. LANDSCAPING AND TREE PRESERVATION A. General. Landscaping on the Property shall be in general conformance with the landscape design shown on the landscape plan of the GDP/PCA/SE. Final selection of the type of species, sizes and location of vegetation shall be made as part of the site plan approval process. B. Tree Preservation. The Applicant shall generally conform to the limits of clearing and grading for the tree preservation areas as shown on the landscape plan of the GDP, subject to minor adjustments during site plan review with the approval of the Zoning Administrator. The Applicant's certified arborist and a representative from Department of Community Planning and Development shall walk the Property during site plan review and make a final determination of reasonable and practical limits of clearing and grading for tree preservation based on sound engineering and horticultural practices. C. North Building Landscaping. The Applicant will provide a minimum of six (6) ten foot (10') tail evergreen trees along the northeast corner of the north building as depicted on Sheet 9 (Landscape Plan) of the GDP to screen and buffer the building from The New School. D. Construction Timing. The Applicant shall coordinate phasing of landscaping and open space improvements with the Department of Public Works at the time of site plan approval. 6. RECREATIONAL AMENITIES A. The Applicant shall provide indoor and outdoor on-site recreational facilities to provide social, cultural and recreational opportunities for future residents of the Property that may include, but not be limited to, exercise rooms, gyms, club room, media centers, private plazas and outdoor amenity areas. Page 13 B. Following the commencement of construction but prior to the issuance of the first Residential Use Permit for the project, the Applicant shall contribute an amount equivalent to $378.00 per residential unit to the City of Fairfax for use in the planning, design, construction and/or repair of recreational and cultural amenities in the general vicinity of the Property. 7. ARCHITECTURAL DESIGN A. The architectural design and style of the buildings shall be generally consistent with the conceptual elevations as shown on the GDP, and shall be generally consistent in style on all sides of the buildings. 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. Building materials shall be predominately brick, cementitious board, and may also include stone, cultured stone, simulated stone, and/or metal paneling, as may be approved by the Board of Architectural Review. Architectural elements, such as varied wall setbacks, balcony locations, roof embellishments, signage, building entries, brick banding, soldier coursing and/or relief patterns, shall be incorporated into the overall design to be presented for review and approval by the Board of Architectural Review. B. All residential units shall comply with all applicable municipal, state and federal accessibility and anti -discrimination requirements in place at the time of building permit submission. C. At the time of site plan submission, the Applicant shall identify accessible units in each proposed building as required by the then, in place, applicable municipal, state, and federal accessibility requirements. 8. 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 the time of site pian 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. 9. AFFORDABLE HOUSING Subject to City Council approval, prior to issuance of the first Residential Use Permit, the Applicant shall make a contribution to the City in the amount of $216,960 for the purpose of supporting affordable housing programs in the City. Page 14 10. SCHOOL CONTRIBUTION Prior to the issuance of the first Residential Use Permit, the Applicant shall contribute $40,000.00 to the City of Fairfax to mitigate impacts to City schools. 11. CONSTRUCTION MANAGEMENT A. The Applicant shall abide by all provisions of the City of Fairfax Noise Ordinance with respect to construction activities at that site which include, in part, that construction equipment may not be used outside before 7:00 a.m. and after 6:00 p.m. on weekdays, before 8:30 a.m. and after 5:00 p.m. on Saturdays and federal and state holidays, and at any time on Sundays, except in the case of urgent necessity in the interest of public health and safety, and then only when authorized by the building official. Interior work which does not generate noise discernible at the property line shall not constitute a prohibited act. B. Prior to site plan approval, the Applicant shall submit a construction management plan for approval by the City Manager, or designee, to be implemented during construction of each building, as appropriate, and to ensure safe and efficient pedestrian and vehicle circulation at all times on the Property and on the public roadways adjoining the Property. Prior to submitting the construction management plan to the City, the Applicant agrees to meet and consult with The New School to coordinate with and receive the School's input on the Plan. The construction management plan shall: (i) establish hours of construction; (ii) identify anticipated construction entrances; (iii) identify construction staging areas; (iv) identify construction vehicle routes; (v) identify trailer and sanitary facility locations; (vi) designate the location of parking areas for construction employees; (vii) designate truck staging and cleaning areas; (viii) agree to schedule major deliveries to not disrupt The New School's morning and afternoon peak pick up and drop off times; (ix) develop procedures for coordination with other users of the Mantua Professional Center concerning construction material deliveries, lane closures, or other construction related activities to minimize disturbance on the surrounding road network; Page 15 NN prohibit construction vehicles and construction worker vehicles from using any of the parking spaces assigned to The New School; (xi) prohibit construction workers from trespassing on The New School property; (xii) require the installation of an attractive screening fence around the construction site; (xiii) establish a method for reasonable construction dust suppression on the Property and removal of mud from the internal roads; and (xiv) agree to maintain the Property so that no construction debris (including trash and waste generated by the construction employees) litters the other portions of the Mantua Professional Center and all such debris is regularly and promptly removed. C. Prior to commencement of construction, the Applicant shall identify a community liaison that will be available throughout the duration of construction on the Property. The name and telephone number of the community liaison shall be provided to the other owners in the Mantua Professional Center, the Home Owners Associations or Neighborhood Associations for Pickett's Reserve, Barrister's Keepe and Mantua, and the Department of Community Development and Planning. In addition, the community liaison or other designated representative of the Applicant agrees to meet with the Principal or other designated representative of The New School every two (2) weeks during the construction process. 12. OWNERS ASSOCIATION Prior to the issuance of the first Residential Use Permit for the Property and occupancy by the initial individual owner of a dwelling unit, the Applicant shall establish a Condominium Owners Association ("COA") in accordance with Virginia law. The COA documents shall provide for the granting of easements by the Board of Directors and not a majority vote of the residents. The COA shall assume all maintenance obligations for the Property required by these proffers for infrastructure, including, but not limited to, private streets, open space and landscaping; provided however, that the maintenance obligations may be shared by the COA with the other owners of the Mantua Professional Center pursuant to a separate shared maintenance agreement. Purchasers of individual condominium units shall be advised prior to entering into a contract of sale, and in the COA documents, that the COA shall be responsible for those obligations listed in these proffers. 13. MISCELLANEOUS A. Counterparts. These proffers may be executed in one or more counterparts, each of which when so executed and delivered shall be deemed an original document Page 16 and all of which when taken together shall constitute but one in the same document. B. Successors and Assign. These proffers will bind and inure to the benefit of the Applicant and its successors and assigns. Each reference to "Applicant" in these Proffers shall include within its meaning and shall be binding upon the Applicant's successor(s) in interest and/or developer(s) of the site or any portion of the site. [SIGNATURES BEGIN ON NEXT PAGE] Page 17 OWNER MANTUA COMMERCIAL CONDOMINIUM OWNERS ASSOCIATION OWNER R.J.L. FAMILY ENTERPRISES AT MANTUA, LLC rL Its: M.aiv o�iR}4 M�r+►g�tt.., [SIGNATURES CONTINUE] Page 18 APPLICANT IDI-RJL DEVELOPMENT, LLC (�A;fw'( Bey: CIU:�PI C�GC�ct I �N.4G�iZ. [SIGNATURES END] Page 19 PROFFERS MOUNT VINEYARD ZONING MAP AMENDMENT May 26, 2015 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, Oak Knolls Realty Corporation, for itself and successors and/or assigns, (hereinafter referred to as the "Applicant") in Z-14060098 filed on property identified on the City of Fairfax tax map 57-1-02-116 (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 R -M District to the RPD 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, if any. 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 Smith Engineering consisting of 8 sheets, dated May 16, 2014 as revised through May 11, 2015. The Applicant shall have the flexibility to make minor modifications to site design and improvements shown on the GDP/PSP based on final engineering and design subject to the approval of the Director of Community Development and Planning. 2. TRANSPORTATION A. Main Street. Prior to site plan approval for the Application Property, the Applicant shall dedicate right-of-way, approximately 7.5 feet in width, along the Application Property's Main Street frontage to accommodate the minimum required arterial right-of-way width as shown on the GDP/PSP. B. Main Street Median. Subject to the approval of the Department of Public Works and VDOT, and prior to the issuance of the first Residential Use Permit (RUP) on the Application Property, the Applicant shall remove the existing left turn lane from eastbound Main Street into the Application Property and install trees in the median as shown on the GDP/PSP in accordance with City and VDOT standards and subject to existing utilities. The Applicant shall install signs to preclude u - turns for eastbound traffic on Main Street at the resultant median break subject to VDOT approval. C. Prior to the issuance of the first RUP, the Applicant shall restripe southbound Oak Street at its intersection with Main Street to allow for one left turn lane and one shared through/right turn lane, and remove/install applicable signs. Page 2 3. STORMWATER MANAGEMENT A. Design and construction of stormwater management facilities shall comply with 4VAC50-60 Virginia Stormwater Management Program (VSMP) Permit Regulations, as may be amended. At time of site plan review, the Applicant shall consider low impact development techniques beyond those shown on the GDP/PSP to the extent feasible which may include, but not be limited to, permeable pavers, infiltration, and/or bio -retention. B. At the time of site plan review, the Applicant, within its discretion, may replace the proposed above ground stormwater management (SWM) facility shown on the GDP/PSP with landscaped open space provided that all State stormwater requirements are met through other measures. 4, STREETSCAPE A. Prior to the issuance of the first RUP for an elevatored multifamily building located on the Application Property, the Applicant shall install a streetscape generally consisting of landscaping, a minimum six (6) foot wide concrete sidewalk, and acorn lights along the Application Property's Main Street frontage as shown on the GDP/PSP and in accordance with the City's Public Facilities Manual standards. The final streetscape design shall be approved at time of site plan. B. Prior to the issuance of the first RUP for a single-family attached dwelling unit located on the Application Property, the Applicant shall install landscaping, which shall incorporate existing trees, a minimum four (4) foot wide concrete sidewalk, and decorative street lights along the Application Property's Oak Street frontage as shown on the GDP/PSP. The final streetscape design shall be approved at time of site plan. C. Prior to the issuance of the first RUP for the Application Property, the Applicant shall underground utilities located along the Application Property's Main Street and Oak Street frontages and on the Application Property as shown on the GDP/PSP. Existing utility poles shall be removed, relocated or remain as shown on the GDP/PSP. 5. LANDSCAPING AND OPEN SPACE A. Landscaping on the Application Property shall be in general conformance with the landscape design shown on the GDP/PSP. Final selection of the type and location of vegetation and the design of landscaped areas and streetscape improvements/plantings shall be made as part of the site plan approval process. B. The Applicant shall retain a certified arborist, landscape architect, or a registered consulting arborist to develop a tree preservation plan for existing trees located on the Application Property and shown on the GDP/PSP to be preserved. The tree Page 3 preservation plan shall be prepared with the objective to achieve maximum survival of the existing trees as shown on the GDP/PSP. The establishment and care of a root zone treatment area for existing trees designated for preservation shall be a priority. Recommended treatments designed to enhance root systems shall be implemented and tree preservation activities shall include, but not be limited to, soil treatments, fertilization, crown pruning, root pruning, construction activity regulation, and mulching. Said tree preservation plan shall be submitted at time of site plan. C. Prior to the issuance of the final RUP, the Applicant shall install a commemorative plaque related to Ratcliffe Plantation/Mount Vineyard at the location as shown on the GDP/PSP. The text and/or graphics on the plaque shall be prepared in coordination with Historic Fairfax City, Inc. D. Prior to the issuance of the final RUP and subject to the receipt of permission from the property owner at no cost, the Applicant shall install approximately ten (10) trees, which shall be a combination of evergreens and deciduous trees, to replace overstory trees located along the northern property line of the Application Property. Said trees shall be planted on the north side of the retaining wall as shown on the GDP/PSP. Evergreens shall be approximately 6 to 8 feet in height and deciduous trees shall be approximately 2 % inch caliper at time of planting. E. The Applicant shall coordinate phasing of landscaping and open space improvements with the Department of Public Works at time of site plan review. 6. ARCHITECTURAL DESIGN A. The architectural design and style of the buildings shall be generally consistent with the conceptual elevations as shown on the GDP/PSP. 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, cementitious board, and may include other high quality materials as reviewed and approved by the Board of Architectural Review (BAR). Architectural elements, such as varied wall setbacks, balcony locations, roof embellishments, signs, building entries, brick banding, soldier coursing and/or relief patterns, shall be incorporated into the overall design to be presented for review and approval by the BAR. B. All residential units shall comply with all applicable municipal, state and federal accessibility and anti -discrimination requirements in place at the time of building permit submission. C. All townhomes and two -over -two units shall be equipped with fire sprinkler systems, including attics. Page 4 D. At time of site plan review, the Applicant shall identify accessible units in each proposed building as required by the then, in place, applicable municipal, state, and federal accessibility requirements. E. Prior to the issuance of a building permit, the Applicant shall submit documentation to the City that exterior materials and construction techniques are effective in ensuring interior average noise levels of approximately 55 dBA between 7:00 a.m. and 9:00 p.m. and approximately 45 dBA between 9:00 p.m. and 7:00 a.m. for those buildings adjacent to Main Street. 7. PARKS AND RECREATION The Applicant shall contribute the sum of fifty thousand dollars ($50,000.00) to Fairfax City for recreation improvements. Said contribution may be reduced by an amount equivalent to the cost of installing a trail connection from the existing sidewalk parallel to Oak Street to Pat Rodio Park within existing dedicated right-of-way. If it is determined at time of site plan that a trail connection is not feasible, and/or that off-site easements are required, the Applicant shall contribute the total sum of fifty thousand dollars ($50,000.00) to Fairfax City that may be used for a future trail connection or for other recreation improvements to Pat Rodio Park or in proximity to Pat Rodio Park within the City's discretion. 8. 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. The Applicant shall install pervious pavers in the driveways of dwelling units identified as 1-9, inclusive, and 33-68, inclusive, as shown on the GDP/PSP. The type of pervious paver is subject to review and approval by the BAR. 9. 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. Bicycle Facilities. Secure, enclosed bicycle storage facilities shall be available for multifamily residents on the Application Property. A bicycle rack will also be provided on the Application Property for site visitors. The Applicant shall provide a minimum of one (1) outdoor visitor space per fifty (50) multifamily units and one (1) indoor space per ten (10) multifamily units The Applicant shall identify the location of bicycle storage facilities at time of site plan approval. Outdoor bicycle racks are subject to review and approval by the BAR. Page 5 B. Bus Shelter. Prior to the issuance of the first RUP for the Application Property, the Applicant shall install a bus shelter along the Application Property's Main Street frontage as shown on the GDP/PSP. Final design of the bus shelter is subject to review and approval by the BAR. C. Reduction of Single Occupant Vehicles. The Applicant shall provide initial purchasers with information on local transit services, carpool programs and ridesharing programs. In addition, at time of purchaser of each dwelling unit on the Application Property, the Applicant shall provide the initial purchaser(s) of the unit with a single prepaid transit card having a value of twenty-five dollars ($25.00). 10. AFFORDABLE HOUSING Prior to issuance of the first RUP, the Applicant shall make a contribution to the City in the amount of five hundred fifty thousand dollars ($550,000.00) for the purpose of supporting housing affordability within the City. 11. TENANT RELOCATION The Applicant shall provide for tenant relocation in accordance with the plan attached hereto as Exhibit A. 12. ARCHAEOLOGICAL ASSESSMENT AND HERITAGE RESOURCES A. Prior to any land disturbance on the Application Property, the Applicant shall conduct a Phase I Archaeological Site Assessment in coordination with the City; for certain areas located on the Application Property, subject to the provisions of U.S. Department of the Interior Regulation 36 CFR, and provide the results of such study to the City within thirty (30) days of completion. The Phase I study shall include a metal detection survey of potentially undisturbed areas of the Application Property, including the raised knoll in the center of the existing courtyard on the Application Property. Upon request by the City within thirty (30) days of submission of the Phase I Archaeological Site Assessment, the Applicant shall conduct a Phase II Archaeological Site Assessment on only those areas of the Application Property identified for further study. The study or studies shall be conducted by a qualified archaeological professional approved by the City Office of Historic Resources, and their review shall not delay commencement of construction. All artifacts obtained from the Application Property shall be submitted for review by the City Office of Historic Resources which shall have the option of keeping such artifacts in the City archives. B. Prior to the issuance of the first RUP, the Applicant shall contribute one thousand eight hundred ($1,800.00) to Historic Fairfax, Inc. for the replacement of an existing Mount Vineyard Plantation historical marker with a new sign that will include modified text associated with "knoll" located on the Application Property Page 6 C. Two (2) existing historic markers located in the right-of-way adjacent to the Application Property may be temporarily removed by the Applicant and stored in a protected and secure location for the duration of construction activity at their respective locations. Said markers shall be reinstalled by the Applicant upon completion of construction. 13. CONSTRUCTION MANAGEMENT A. Prior to site plan approval, the Application shall submit a construction management plan for approval by the City Manager, or designee, to address the following: (i) Hours of construction; (ii) Truck routes to and from the Application Property; (iii) Location of parking areas for construction employees; (iv) Truck staging and cleaning areas; (v) Storage areas; (vi) Fencing details; (vii) Trailer and sanitary facility locations; (viii) Traffic control measures; and (ix) Maintenance of entrances. B. Prior to commencement of construction, the Applicant shall identify a community liaison who will be available throughout the duration of construction on the Application Property. The name and telephone number of the community liaison shall be provided to community representatives living in proximity to the Application Property, adjacent commercial property owners, a representative of Paul VI High School, and the Department of Community Development and Planning. 14. OWNERS ASSOCIATION A. Formation of Condominium Owner Association and Homeowners Association. (i) Prior to the issuance of the first RUP for the Application Property, the Applicant shall establish a Condominium Owners Association (COA), as necessary for each phase of owner -occupied condominium units in accordance with Virginia law. Page 7 (ii) Prior to the issuance of the first RUP for the Application Property, a Homeowners Association (HOA) shall be established for the single family attached dwelling units. (iii) The COA and HOA documents shall provide for the granting of easements by the respective Boards and not a majority vote of the residents. B. Maintenance Obligations (i) The COA and the HOA shall have specific land areas of the Application Property within its boundaries, and shall assume all maintenance obligations required by these proffers for infrastructure, including, but not limited to, private streets, open space and landscaping, within those boundaries. (ii) Maintenance obligations may be shared by the COA and HOA pursuant to a shared maintenance agreement. (iii) Purchasers of individual condominium units and individual single family attached units shall be advised prior to entering into a contract of sale, and in the COA and/or HOA documents, that the COA and/or HOA shall be responsible for those obligations listed in these proffers. C. Disclosure Purchasers shall be advised in writing prior to entering into a contract of sale and in the COA documents and the HOA documents that the property to the north is owned and occupied by the American Legion which periodically hosts events for its membership and the community. 15. PUBLIC WORKS Existing Sani Line. Prior to site plan approval for the Application Property, the Applicant shall analyze approximately 1,350 feet of the receiving existing sanitary sewer line located in Oak Street and on the north end of the American Legion property to determine its condition and capacity. The condition analysis shall be conducted using photographic equipment to observe cracks and significant wear. The results of the analysis shall be provided to the Department of Public Works prior to site plan approval. Upon receipt of the analysis, the Department of Public Works shall determine whether or not any repairs or replacement is needed. The Applicant shall make any identified repairs to the sanitary sewer line prior to the issuance of the first RUP on the Application Property. 16. MISCELLANEOUS A. 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 Page 8 Applicant's control, later dates for compliance may be permitted as determined appropriate by the Department of Community Development and Planning, except for those time limitations associated with special use permit and/or BAR approval. B. Successors and Assigns. These proffers will bind and inure to the benefit of the Applicant and its successors and assigns. (A0670825.DOCX / 1 Proffers - 05.26.15 (cln) (REVISED) 007167 000019) [SIGNATURES ON NEXT PAGE] APPLICANT/TITLE OWNER OAK KNOLLS REALTY CORPORATION By: Stephen A. Bannister Its: President [SIGNATURES CONTINUE] CONTRACT PURCHASER PULTE HOME CORPORATION By: Pulte Diversified Companies, Inc. its sole shareholder By: Pulte Group Inc., its sole shareholder By: fJ Its: n dl [SIGNATURES END] EXHIBIT A Tenant Relocation Plan Redevelopment of Oak Knolls Apartments For tenants in good standing at Oak Knolls, the following relocation measures will be provided: 1. Each tenant shall receive a written notice of the need to relocate from Oak Knolls Apartments a minimum of one hundred twenty (120) days prior to the start of construction and in accordance with all State and Federal requirements. This notice shall be delivered to all tenants including those on month-to-month leases. 2. Tenants receiving the notice to vacate who are residents in good standing at that time will receive a reimbursement for moving expense of $1,000.00 to help defray such costs. This reimbursement will be paid after the notice to vacate has been delivered and to those tenants requesting assistance. 3. A return of the security deposit posted by each tenant receiving a notice to vacate will be processed within two (2) weeks upon request by the vacating tenant, and subject to inspection of the unit. 4. To the extent possible, the management company for Oak Knolls Apartments will provide an ongoing listing of available rental residential units in Fairfax County and/or Fairfax City communities that are of a similar condition and price point as Oak Knolls Apartments that will include Cardinal Court Apartments located in the City. Said listing shall be available to relocating tenants who have been in good standing during residency at Oak Knolls. In addition, tenants who have been in good standing during residency at Oak Knolls will be given priority status if the tenants wish to relocate to Cardinal Court Apartments. 5. As leases mature within 12 months of the anticipated construction start date, any new leases will be executed on a month-to-month basis. No new month-to-month leases will be entered into within three (3) months of the construction start unless the tenant acknowledges in writing receipt of notification of impending construction and the need to relocate. { A0670827.DOCX / 1 Exhibit A to Proffers - Tenant Relocation Plan - 05.26.15 (cln) 007167 000019 }