2015-30ORDINANCE NO. 2015-30
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA BY ADOPTING AMENDMENTS TO THE GENERAL DEVELOPMENT
PLAN ASSOCIATED WITH THE COMMERCIAL PLANNED DEVELOPMENT
KNOWN AS MANTUA PROFESSIONAL CENTER AS IT PERTAINS TO THE
PROPERTIES LOCATED ON TAX MAP PARCELS 58-2-10-001-C AND 58-2-10-02-
001-A.
WHEREAS, The IDI-RJL Development LLC, by David Houston, attorney-in-fact, submitted
applications No. Z-15010010, 5E-15010011 and V-15030030 requesting modifications to the
General Development most recently revised in 2004, with special exceptions and variances,
for the parcels identified above, and more specifically described as follows:
Beginning at a point in the easterly right-of-way line of Pickett Road, Route 237, said point
being in the westerly line of Parcel IA, Phase 1, Mantua Professional Center Condominium;
Thence with the easterly right-of-way line of Pickett Road, Route 237 the following four (4)
courses and distances:
1. N O1°02'16" W a distance of 225.82 feet to a point;
2. S 88°57'44" W a distance of 3.49 feet to a point;
3. N 01'26'45 " E a distance of 287.78 feet to a point;
4. with a curve turning to the right with an arc length of 153.08 feet, with a radius of
1859.86 feet, with a chord bearing of N 03°48'52" E, with a chord length of 153.04 feet, with
a delta angle of 04°42'57" to a point;
Thence departing the easterly right-of-way line of Pickett Road, Route 237 and with the
southerly line of Parcel 1B, Mantua Professional Center Subdivision, and a new line the
following courses and distances:
1. N 84°26'39" E a distance of 105.80 feet to a point;
2. With a curve turning to the right with an arc length of 84.93 feet, with a radius of
150.00 feet, with a chord bearing of S 79°20'09" E, with a chord length of 83.80
feet, with a delta angle of 32°26'24" to a point;
3. S 63006'58" E a distance of 7.94 feet to a point;
4. with a curve turning to the right with an arc length of 74.83 feet, with a radius of
150.00 feet, with a chord bearing of S 48°49'27" E. with a chord length of 74.06
feet, with a delta angle of 28°35'01" to a point;
5. S 34°31'57" E a distance of 135.94 feet to a point;
6. S 53034'13" W a distance of 82.70 feet to a point;
7. With a curve turning to the left with an arc length of 177.03 feet, with a radius of
234.82 feet, with a chord bearing of S 31°58'21" W, with a chord length of 172.87
feet, with a delta angle of 43'l 1'43 " to a point;
8. S 56°04'31" E a distance of 43.65 feet to a point;
9. S 33056'25" W a distance of 12.79 feet to a point;
10. S 56003'35" E a distance of 28.37 feet to a point;
11. S 35°13'17" W a distance of 3 4.5 1 feet to a point;
12. S 56°03'35" E a distance of 75.09 feet to a point;
13. S 33°52'38" W a distance of 184.90 feet to a point;
14. S 88°57'44" W a distance of 109.13 feet to a point;
15. S O1°02'16" E a distance of 18.53 feet to a point;
16. S 88057'44" W a distance of 62.59 feet to the point of beginning.
Containing 157,559 square feet or 3.6171 acres of land more or less; and
WHEREAS, the City Council has carefully considered the application, the recommendation
of the Planning Commission and staff, and the testimony received at public hearing; and
WHEREAS, the City Council has determined that the proposed rezoning is proper and in
accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in
the Code of Virginia and the Code of the City of Fairfax, Virginia;
NOW, THEREFORE BE IT ORDAINED, that the General Development Plan associated
with the above described property be amended per the attached plans last revised on
September 1, 2015.
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 September 1, 20151
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development/preliminary site plan revised through September 1, 2015 be approved.
The Clerk of the Council is directed to transmit duly certified copies of this ordinance to the
applicant, Zoning Administrator, and to the Planning Commission of this City as soon as
possible.
This ordinance shall be effective as provided by law.
Planning Commission hearing: June 8, 2015
City Council hearing: September 8, 2015
Adopted: September 8, 2015
This Ordinance shall be effective July 1, 2015.
Mayor
Date
ATTEST:
Votes
Councilman DeMarco
Aye
Councilman Greenfield
Aye
Councilmember Loftus
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
PROFFERS
THE ENCLAVE RECEIVED
IDI-RJL DEVELOPMENT, LLC SEP 012015
September 1, 2015 Community Dev & Planning
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, dated
December 23, 2014, as revised through September 1, 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
eighty (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 ingress/egress easement for all private streets, accessways, and
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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 Strategies. 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
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(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).
H. Radar Speed Control Sian. If approved by the Department of Transportation, the
Applicant shall contribute the cost of purchase and installation of one solar
powered radar speed control sign on the northbound side of Pickett Road in the
vicinity of the Property to alert motorists of their speed and make travel safer.
The contribution shall be made to the City of Fairfax prior to site plan approval.
In the event the Department of Transportation does not approve the contribution
and speed control sign, then, in lieu thereof, the Applicant agrees to contribute
$6,000.00 to the City for other transportation safety improvements along Pickett
Road in the immediate vicinity of the Property, Pickett's Reserve and Barrister's
Keepe.
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.
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 the 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') tall 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.
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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.
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, repair and/or improvement of Thaiss Park.
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 include 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, but the predominant materials shall be
brick, stone and other masonry. 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.
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B. At the time of site plan submission, the Applicant shall submit a LEED checklist
to demonstrate the incorporation of energy saving components as described above
and as generally available in the marketplace.
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 $275,000 for the purpose
of supporting affordable housing programs in the City.
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;
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(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;
(x) 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
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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
and all of which when taken together shall constitute but one in the same
document.
B. Successors and Assigns. 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
By:
Its: T I?�s10EN?
OWNER
R.J.L. FAMILY ENTERPRISES AT
MANTUA, LLC
:C"eu1 L•
Its: Me�Y
[SIGNATURES CONTINUE]
Page 18
APPLICANT
IDI-RJL DEVELOPMENT, LLC
nD1Ro C'r 11/A4 Ei�T L e-
BY: Gl�Pv'r C�rifekt
I /W,4A1, 46cX-
[SIGNATURES END]
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