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2015-18ORDINANCE NO. 2015-18 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM C-2 RETAIL COMMERCIAL, I-2 INDUSTRIAL AND HIGHWAY CORRIDOR OVERLAY DISTRICT, TO C-2 RETAIL COMMERCIAL WITH PROFFERS AND HIGHWAY CORRIDOR OVERLAY DISTRICT; ON THE LAND KNOWN AS 11101 AND 11091 FAIRFAX BOULEVARD AND 11160 LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 57-1-2-27,31,31A AND 31B. WHEREAS, Novus Fairfax Gateway, LLC, by Lynne J. Strobel, Agent/ Attorney -in -Fact, submitted application No. Z-13070069 requesting a change in the zoning classification from C-2 Retail Commercial, I-2 Industrial and Highway Corridor Overlay District to C-2 Retail Commercial with proffers and Highway Corridor Overlay District, for the parcels identified above, and more specifically described in the attached Legal Description. EREAS, the City Council has carefully considered the application, the proposed proffers, recommendation of the Planning Commission, the recommendation of staff, and the mony 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 C-2 Retail Commercial, I-2 Industrial and Highway Corridor Overlay District to C-2 Retail Commercial with proffers and Highway Corridor Overlay District; !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 February 24, 2015) IBE 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: January 26, 2015 City Council hearing: February 24, 2015 "Adopted: February 24, 2015 &Se-� Mayor Date ATTEST: lg4w4d�04=- City Clerk Votes Councilman DeMarco Aye Councilman Greenfield Nay Councilmember Loftus Aye Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye PROFFERS NOVUS FAIRFAX GATEWAY LLC ZONING MAP AMENDMENT February 24, 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, Novus Fairfax Gateway LLC, for the owner, and successors and/or assigns (hereinafter referred to as the "Applicant") in Z- 13070069 filed on property identified on the City of Fairfax tax map 57-1-27, 31, 31A, and 31B (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 C-2, Highway Corridor Overlay, and I-2 Districts to the C-2 and Highway Corridor Overlay Districts in conjunction with a general development plan for residential and commercial development. These proffers shall replace and supersede all previous proffers approved on the Application Property. In the event the rezoning is denied by the Council, these proffers shall immediately be null and void. 1. GENERAL DEVELOPMENT PLAN Development of the Application Property shall be in substantial conformance with the General Development Plan (GDP) prepared by Vika Virginia LLC and the Preston Partnership, LLC consisting of 35 sheets, dated May 2, 2013 as revised through February 19, 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. USES The following uses shall be permitted on the Application Property: A. Approximately 29,000 square feet of gross floor area (GFA) which may be occupied by any of the permitted uses or special use permit uses as shown on the GDP. Additional uses that require approval of a special use permit may be permitted with approval of a separate special use permit without necessitating an amendment to these proffers so long as the layout is in substantial conformance with the GDP. B. Multifamily residential up to a maximum of 395 dwelling units, except as may be increased in accordance with Proffer 2.D. The unit mix shall be consistent with that shown on the GDP. C. The Applicant proposes approximately 28,000 square feet of ground level GFA that will be accessory uses to the multifamily dwelling units as shown on the GDP. The Applicant reserves the right to convert up to 17,000 square feet of said Page 2 accessory use space to commercial uses as permitted in the C-2 Retail Commercial District and potentially eight (8) units of affordable housing without necessitating a proffered condition amendment or development plan amendment should future market conditions allow, subject to demonstration of adequate parking, as demonstrated in a parking study completed by a transportation engineer or planner, to the satisfaction of the Department of Community Development and Planning. D. Upon City Council approval, the Applicant will agree to convert 8,000 square feet of the 28,000 square feet of ground level accessory use GFA into eight (8) affordable housing units at incomes up to and including 60% of the Washington D.C. Metropolitan Statistical Area Median Income (referred to herein as "AMI") as determined by HUD adjusted for unit size and in accordance with the conditions described in Proffer 13.B. Should City Council approval these eight (8) additional units, the Applicant shall increase parking on the Application Property in a manner consistent with the remaining residential units. Should City Council not approve the conversion of the eight (8) additional affordable units, the Applicant reserves the right to retain the 8,000 square feet as accessory uses to the multifamily dwelling units or to convert this space to commercial uses as described in Proffer 2.C. above. The eight (8) affordable housing units described above and the selection of Proffer 13.A.(i) by the City Council will result in the provision of twenty-four (24) housing units affordable to persons having a median household income up to and including 60% of AMI as determined by HUD adjusted for unit size. Should the City Council select the $700,000.00 contribution in lieu of 16 affordable units described in Proffer 13.A.(i), the City Council can still approve that 8,000 square feet can be used for eight (8) affordable housing units as described above, thereby resulting in a contribution of $700,000.00 and eight (8) affordable units. E. The existing uses on the Application Property shall remain legally nonconforming until the commencement of construction. 3. TRANSPORTATION A. Fairfax Boulevard and Lee Highway. Prior to the issuance of the first Residential Use Permit (RUP) or Non -Residential Use Permit (Non-RUP) for the Application Property, the Applicant shall construct road improvements to enable vehicular access from both Fairfax Boulevard (Route 50) and Lee Highway (Route 29) as shown on the GDP. B. Fairfax Boulevard Right Turn Lane. Prior to the issuance of the first RUP or Non-RUP for the Application Property, the Applicant shall construct a right turn lane from Fairfax Boulevard into the Application Property as shown on the GDP. C. Fairfax Boulevard Circular Entry Feature. Subject to final design at time of site plan approval, the Applicant shall construct a circular entry feature in substantial Page 3 conformance with the GDP. Final signing and striping to be approved in coordination with the Director of Public Works. D. Lee Highway Sign. Prior to the issuance of the first RUP or Non-RUP for the Application Property, the Applicant shall install improvements as shown on the GDP and a sign prohibiting left turns into the Application Property from Lee Highway. The sign shall be placed in the median of Lee Highway, subject to the approval of the Director of Public Works and the Virginia Department of Transportation (VDOT). E. Signal Modifications. Prior to the issuance of the first RUP or Non-RUP for the Application Property, the Applicant shall fund signal modifications for the signal at Bevan Drive and Fairfax Boulevard should such modifications be required by VDOT. F. New Streets. Prior to the issuance of any RUP or Non-RUP for the first building located within the Application Property, the Applicant shall construct at its sole expense the streets, accessways, and sidewalks on the Application Property as shown on the GDP that are required to provide access to the building for which the RUP or Non-RUP is requested. Such streets shall be maintained by the Applicant as private streets. Special paving materials, raised 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 adjacent sidewalks. Such easements shall extend to the peripheral boundaries of the Application Property to permit extension of the private streets and accessways in the future. Upon demand by the City, that will take place no sooner than completion of all improvements on the Application Property, the Applicant shall dedicate right-of-way to convert the streets to public streets, and, once dedicated, the entirety of the project as designed and constructed will remain a legally conforming use in accordance with zoning approval, Board of Architectural Review (BAR) approval, site plan approval and building permits. The Applicant shall not be obligated to obtain off-site easements or right-of-way to facilitate extensions. Prior to the issuance of the final RUP or Non-RUP for the Application Property, all streets, accessways, and sidewalks shall have final paving and shall be complete in substantial conformance with the GDP. G. Sidewalks. The Applicant shall provide ADA compliant sidewalks on both sides of all internal streets. H. Internal Intersection Alignment. At time of site plan approval, the Applicant shall minimize the southern internal intersection skew to better align the intersection in coordination with the Director of Public Works. Page 4 I. Maintenance. The Applicant shall maintain the streets and sidewalks as private until such time as the City may demand dedication. J. Fairfax Boulevard Reservation. Prior to site plan approval, the Applicant shall reserve land area of approximately 5,510 square feet along the Application Property's Fairfax Boulevard frontage, which shall be dedicated to the City upon request to accommodate a slow lane as depicted in the City's Comprehensive Plan. Said reservation shall be made without cost to the City of Fairfax. K. Lee Highway Dedication and Reservation. The Applicant shall dedicate up to 50 feet from centerline of the Application Property's Lee Highway frontage to comply with the minimum right-of-way required by the Subdivision Ordinance. In addition, prior to site plan approval, the Applicant shall reserve land area of approximately 7,640 square feet along the Application Property's Lee Highway frontage, which shall be dedicated to the City upon request. Said reservation shall be made without cost to the City of Fairfax. L. Construction Timing. The Applicant shall coordinate phasing of transportation improvements with the Department of Public Works at time of site plan. M. Kamp Washington Study. Prior to the issuance of the final RUP or Non-RUP for the Application Property, the Applicant shall contribute $25,000.00 to the City to help fund a study regarding road design, pedestrian improvements, and/or bicycle improvements in the Kamp Washington area. 4. STORMWATER MANAGEMENT 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 building permit submission. At time of site plan, the Applicant shall consider low impact development techniques to the extent feasible which may include, but not be limited to, permeable pavers, infiltration, and/or bio -retention. 5. STREETSCAPE A. Prior to the issuance of the first RUP or Non-RUP for the Application Property, the Applicant shall install a streetscape generally consisting of landscaping, a minimum ten (10) foot wide sidewalk or shared use path, and acorn lights along the Application Property's Fairfax Boulevard and Lee Highway frontages as shown on the GDP and in accordance with the City's Public Facilities Manual standards. The Applicant shall grant access easements for maintenance, if required. The final streetscape design shall be approved at time of site plan. B. Prior to the issuance of a RUP or Non-RUP for the Application Property, the Applicant shall underground utilities located along the Application Property's Fairfax Boulevard and Lee Highway frontages and on the Application Property, Page 5 with the exception of temporary power poles necessary for construction of buildings and improvements not yet complete. 6. LANDSCAPING AND OPEN SPACE A. General. Landscaping on the Application Property shall be in general conformance with the landscape design shown on the GDP. Final selection of the type and location of vegetation and the design of landscaped areas and streetscape improvements/plantings shall be made as a component of the site plan approval process. B. Contemplative Open Space. Prior to the issuance of the final Non-RUP for Building 1 as identified on the GDP, the Applicant shall provide a publicly accessible landscaped open space in the northeastern portion of the Application Property adjacent to the Jermantown Cemetery which may include walkways, specialty plantings, and furniture, as approved at time of site plan. The Applicant shall consult with Historic Fairfax, Inc. regarding the design of the contemplative open space. C. Public Plaza. Prior to the issuance of the final RUP or Non-RUP, the Applicant shall provide a publicly accessible plaza in the center of the circular entry feature in the northern portion of the Application Property which may include furniture, specialty paving, and a water feature as approved on the site plan. D. Construction Timing. The Applicant shall coordinate phasing of landscaping and open space improvements with the Department of Public Works at time of site plan. 7. RECREATIONAL AMENITIES A. The Applicant shall provide up to 28,000 square feet, exclusive of rooftop swimming pool, of on-site recreational facilities to serve the residences of the Application Property that may include, but not be limited to, a fitness center, music practice rooms, and a dog spa. The Applicant shall have the right to convert up to 17,000 square feet of ground level amenities to commercial uses without necessitating an amendment to these proffers or development plan should future market conditions allow, as provided for in Proffer 2.C. B. Following the commencement of construction but prior to the issuance of the first RUP, the Applicant shall contribute an amount equivalent to $250.00 per residential unit to the City of Fairfax for use in the planning, design and/or construction of recreational amenities at Kutner and/or parks in the Westmore neighborhood area. C. The Applicant shall provide a minimum of one (1) location for public art within open space on the Application Property. Page 6 8. JERMANTOWN CEMETERY Commencing upon delivery of the first RUP on the Application Property, and provided that the cemetery owner grants access to the Applicant or its Designee, the Applicant shall maintain the landscaping within Jermantown Cemetery as a component of the landscape maintenance for the proposed project for a period not to exceed thirty (30) years. Landscape maintenance shall include mowing, seeding, edging, tree pruning, and trash removal. 9. 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. The proposed development shall consist of one -bedroom, two-bedroom, and two- bedroom with den units as shown on the GDP. D. Pursuant to the Virginia Statewide Fire Prevention Code, the Applicant shall provide approved alternative means of fire protection to the satisfaction of the Fire Marshal to mitigate the limited accessible perimeter of the proposed buildings. Such alternative means shall include, but not be limited to, NFPA 13 fire suppression systems where sprinkler systems are required throughout the development, and the use of non-combustible exterior finish materials as described in Proffer 9.A. E. At time of site plan, the Applicant shall identify accessible units in each proposed building as required by the then, in place, applicable municipal, state, and federal accessibility requirements. F. The Applicant shall incorporate design and construction techniques to direct restaurant exhaust away from the planned residential units, such as installing rooftop ventilation systems, as may be required by the applicable building code at time of building permit submission. Page 7 G. Prior to the issuance of a building permit for residential units, 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. 10. SUSTAINABLE DESIGN A. In order to promote energy conservation and green building techniques, the Applicant shall incorporate energy saving devices which may include, but not be limited to, use of ENERGY STAR® appliances, energy efficient mechanical systems, recycling for occupant refuse, energy efficient lighting and insulation that meets or exceeds applicable energy code requirements. B. At time of site plan submission, the Applicant shall submit a LEED checklist to demonstrate the incorporation of energy saving components as described above and as generally available in the marketplace. 11. PARKING MANAGEMENT A. The Applicant shall provide parking in conformance with the GDP. B. The Applicant shall assign parking management as one of the duties of its property manager. Parking management shall entail the efficient use of available constructed parking spaces, including the assignment of parking spaces to residents within the parking garage, and designation of guest parking as identified by signage. No fewer than two (2) conveniently located parking spaces will be reserved for vanpools and/or car sharing services. C. The Applicant shall assign one (1) parking space per unit that will be included in the monthly rent for each unit. The Applicant reserves the right to charge a fee or premium for preferred and/or additional parking spaces. Guest and commercial parking shall be clearly designated on the Application Property and distributed throughout the site. Code required parking for commercial uses shall be located either on the first or second level of the parking structures. D. The Applicant shall utilize measures as it deems appropriate, which may include but not be limited to signs and/or meters, to ensure that all on -street parking spaces are unreserved and time limited so that parking is available for commercial patrons. 12. 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: Page 8 A. Designation of a Transportation Management Coordinator ("TMC") which may be one of the duties assigned to its property manager. The TMC will provide on- site assistance to residents and employees in forming and maintaining carpools and vanpools. The TMC will display in the Application Property's leasing office information on local transit services, carpool programs, and ridesharing programs. The TMC will ensure that the displayed information is current. B. Covered bicycle storage facilities will be provided for residents within buildings on the Application Property. Bicycle racks will also be provided on the Application Property for site visitors and/or employees. The Applicant shall provide interior bike parking spaces of at least 1 space per 10 dwelling units and exterior bike parking spaces of at least 1 space per 50 dwelling units. The Applicant shall identify the location of bicycle storage facilities at time of site plan approval. C. At the time of the initial occupancy of each dwelling unit on the Application Property, the Applicant shall provide one (1) resident of the unit with a prepaid transit card with a value of twenty-five ($25.00). D. Designation of a space on the Application Property that may be used by residents for telework activities. The space will include access to a computer, printer, and copy machine. E. Installation of at least one interior or exterior electric vehicle charging station on the Application Property. F. Prior to the issuance of a RUP or Non-RUP for the Application Property, the Applicant shall install one (1) standard City bus shelter on the Application Property's Fairfax Boulevard frontage and one (1) on the Application Property's Lee Highway frontage to serve bus routes that serve Lee Highway and Fairfax Boulevard. G. The Applicant shall provide City staff with information obtained by resident surveys regarding the use of public transportation, carpooling, bikes, teleworking, and any other transportation options on an annual basis. 13. AFFORDABLE HOUSING A. Subject to City Council approval, the Applicant shall comply with one (1) of the following: (i) Designate 16 units (4% of the 395 residential units) constructed on the Application Property as affordable dwelling units to be affordable to persons having a median household income up to and including 60% of AMI as determined by HUD, adjusted for unit size, and as set forth below. Should this option be selected, the City Council can still approve the provision of eight (8) affordable housing units as described in Proffer 2.D.; or Page 9 (ii) A contribution to the City in the amount of $700,000.00 for the purposes of supporting affordable housing in the City. Should this option be selected, the City Council can still approve the provision of eight (8) affordable housing units as described in Proffer 2.D. B. The following conditions shall be applicable to the affordable units generated by Proffer 2.D. and, if option 13.A.(i) is selected by the City Council, those units described in Proffer 13.A.(i): (i) Income eligibility limits shall be adjusted based on unit size as follows: 80% for a one bedroom unit, 90% for a two bedroom unit, 100% for a two bedroom with den unit. (ii) Maximum monthly rental rates for the affordable dwelling units shall be adjusted annually based on changes in the AMI by: a. Multiplying the applicable AMI by the maximum income percentage in Paragraph 13.A.(i) above; b. Multiplying the product of subparagraph (i) by the adjustment factor for unit size in paragraph B; C. Dividing the product of subparagraph (ii) by twelve (12) to reflect the number of months in a year; and d. Multiplying the quotient of subparagraph (iii) by 30% to determine the rent that may be charged to renters in each income bracket. (iii) The units shall be integrated into and dispersed throughout the development to the extent feasible. (iv) The units shall be constructed of comparable materials and fixtures and maintained at comparable levels with market rate units (v) To the extent feasible, the number of bedrooms per affordable unit shall be proportional to the number of bedrooms per market unit on the Application Property. (vi) If an affordable unit is vacant and cannot be rented for more than 90 consecutive days, despite diligent marketing efforts as demonstrated to the City, the owner can rent the vacant affordable unit at market rates, provided that the next similar unit that is on the market is designated as an affordable unit to ensure consistency with the required percentage of affordable units. (vii) The tenants who lease the affordable units shall meet the income eligibility criteria identified herein, as well as typical background checks and other applications as may be required for the rental of the market rate Page 10 units as required by the Applicant. Said requirements shall be made available to the Department of Community Development and Planning on an annual basis upon request. (viii) Existing tenants who are income qualified upon initial occupancy shall remain eligible for affordable housing provided their income remains at or below 80% of AMI as adjusted herein for household size. Existing tenants whose income exceeds 80% of AMI will no longer qualify under the income eligibility criteria identified herein, and the Applicant, within its sole discretion, shall either allow the tenant to continue occupancy at market rates and designate another unit within the development as affordable, when available, or relocate the tenant to a market rate unit and continue to lease the previously designated affordable unit in accordance with the income eligibility criteria. (ix) 'Marketing of the affordable units shall include coordination with non- profit organizations. (x) The affordability restriction described herein shall remain in place for thirty (30) years after the issuance of the first RUP for an affordable unit on the Application Property at which time the provisions of this Proffer 13 shall be null and void and of no further force and effect. (xi) The Applicant shall furnish City Staff with information on the affordable units' occupancy/vacancy status and tenant eligibility information annually. (xii) Should the proposed development be converted to condominium ownership, the Applicant shall ensure that the affordable units are maintained as affordable rental units for the balance of the thirty (30) year affordability term. 14. NON-PROFIT OFFICE SPACE The Applicant shall construct, furnish, and make available up to 4,000 square feet of commercial space for a local non-profit organization at $0 rent for fifteen (15) years from receipt of the Non-RUP for the non-profit commercial space. 15. SCHOOL CONTRIBUTION Prior to the issuance of the first RUP, the Applicant shall contribute $200,000.00 to the City of Fairfax to mitigate impacts to City schools. 16. MISCELLANEOUS A. Occupancy Restrictions. To the extent permitted by State and Federal Fair Housing regulations, the occupancy of each dwelling unit in the development Page 11 shall be limited to no more than two (2) persons per bedroom plus one (1) additional person per unit. B. 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. C. Successors and Assigns. These proffers will bind and inure to the benefit of the Applicant and its successors and assigns. { A0651258.DOCX / 1 Proffers - 02.24.15 (cln) (Option A) 007552 000006 ) [SIGNATURES BEGIN ON NEXT PAGE] MWZ110-40 MGB Properties III, L.L.C., A Virginia Limited Liability Company By: MGB Properties, L.L.C. A Virginia Limited Liability Company By: Its: [SIGNATURES CONTINUE] APPLICANT NOVUS FAIRFAX GATEWAY LLC : Robert M. Seldin Its: CEO [SIGNATURES CONTINUE] CONTRACT PURCHASER NOVUS RESIDENCES LLC y: Robert M. Seldin Its: CEO [SIGNATURES END]