2022-09ORDINANCE NO.2022-09
AN ORDINANCE APPROVING A VAN DYCK PARK STREAM RESTORATION AGREEMENT
BETWEEN NORTHFAX JV LLC AND THE CITY OF FAIRFAX, TOGETHER WITH
ASSOCIATED DOCUMENTATION NECESSARY FOR THE APPROVAL, CONSTRUCTION
AND MAINTENANCE OF THE REFERENCED STREAM RESTORATION PROJECT,
INCLUDING BUT NOT LIMITED TO A DEED OF EASEMENT BETWEEN THE PARTIES.
WHEREAS, Northfax JV LLC ("Northfax JV") is obligated, pursuant to the requirements of
approved Zoning Map Amendment Z-10-00006 and related applications associated with the "Northfax
West" project to make certain off -site stream restoration improvements on approximately 2,190 linear feet
of the stream located within and adjacent to Van Dyck Park (the "Stream Restoration Project"); and
WHEREAS, the City and Northfax JV have negotiated the terms of a stream restoration agreement
(the "Van Dyck Park Stream Restoration Agreement"), to govern the terms of the Stream Restoration
Project, which will be conducted as a Nutrient Offset Trading Bank (NOTB) to be approved and permitted
by the Virginia Department of Environmental Quality.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that, the form of the Van Dyck Park Stream Restoration Agreement attached to this Ordinance be and
hereby is approved, to include any and all ancillary documentation associated therewith, including but not
limited to the form of Deed of Easement between the City and Northfax JV.
IT IS FURTHER ORDAINED that City staff is authorized to finalize the teens of any
documentation necessary to fully implement the Stream Restoration Project and that the City Manager,
with the concurrence of the City Attorney, is hereby authorized to execute any and all documentation
associated therewith.
This Ordinance shall become effective as provided by law.
INTRODUCED: May 10, 2022
PUBLIC HEARING: May 24, 2022
ENACTED: May 24, 2022
ATTEST;
` City Cle)
VOTE:
Mayor Meyer
Aye
Councilmember Hannon
Aye
Councilmember Lim
Aye
Councilmember Miller
Absent
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
1
Mayor
dI&Z iL
ae