ROBERTS ROAD INVESTMENT LC RZ 2017-BR-030

ROBERTS ROAD INVESTMENT LC RZ 2017-BR-030

PROFFER ST A TEMENT

May 6, 2019 June 19, 2019 June 21, 2019 July 17, 2019 July 23, 2019 July 26, 2019

Pursuant to Section l 5.2-2303(A), Code of Virginia (1950, as amended), and Section 18-204 of the Zoning Ordinance of Fairfax County (1978, as amended), Roberts Road Investment LC, as owner and applicant (referred to hereafter as the "Applicant"), for itself and its successors and/or assigns, proffers that the development of the parcels under consideration, identified as Fairfax County Tax Map Parcels 68-2-((l ))-21 , -22, -23 , -24 and -25 (the "Property"), containing 9 .56 acres, will be in conformance with the following proffered conditions ("Proffers") if, and only if, said rezoning application RZ 2017-BR-030 for the PDH-5 Zoning District (the "Application") is approved by the Board of Supervisors of Fairfax County, Virginia (the "Board"). In the event that the Application is denied, these Proffers shall be immediately null and void and will have no force or effect on the Property.

The Applicant, for itself and its successors and assigns, hereby agrees that the rezoning application was filed subsequent to the implementation of Virginia Code 15.2-2303.4 on July 1, 2016 (the "Proffer Legislation"). Since, the Property being located in a "non-exempt" area (as defined in the Proffer Legislation), the Applicant voluntarily includes reasonable Proffers that address the direct impacts from the proposed development of the Property. These Proffers shall be binding on the future development of the Property unless modified, waived or rescinded in the future by the Board, in accordance with applicable County and State statutory procedures.

The Proffers are:

I. GENERAL

1. Substantial Conformance. Subject to the provisions of Article 16 of the Fairfax County Zoning Ordinance (the "Zoning Ordinance"), the Property shall be in substantial conformance with the Conceptual Development Plan/Final Development Plan (CDP/FDP), titled "Roberts Road Investment LC," prepared by Bohler Engineering, consisting of thirteen (13) sheets, dated June 19, 2019.

2. Final Development Plan Amendment. Notwithstanding that the CDP consists of Sheets C-1 through C-9 and L-1 through L-4 and said CDP is the subject of Paragraph 1 above, it shall be understood that (i) the CDP elements shall consist of the plan shown on Sheet C-4 relative to the general layout, points of access to the existing public street network, limits of clearing and grading, and the minimum amount of open space on the Property; and (ii) the Applicant has the option to request Final Development Plan Amendment

("FDPA") approvals from the Planning Commission in accordance with Section 16-402 of the Zoning Ordinance with respect to the remaining elements. The Applicant also reserves the right to use and/or apply future revisions to the PDH District regulations of the Zoning Ordinance as long as such use or application is in substantial conformance with the proffered elements of the CDP and these Proffers.

3. Minor ModificationsN ariations. Pursuant to Section 16-403 and Section 18-204 of the Zoning Ordinance, minor modifications and/or minor variations from the approved CDPIFDP may be permitted as determined by the Zoning Administrator so long as such changes are in substantial conformance with the CDP/FDP and proffers and do not increase the number of units or decrease the amount of open space shown to be provided on the Property.

4. Architectural Design. The primary building materials shall be a combination of brick, stone and siding supplemented with trim and detail features; modifications may be made with final architectural designs. The Applicant commits to (i) stone or brick water table as standard, with water table defined as 24" above grade; (ii) Hardie Plank, or similar siding; (iii) trim shall be PVC or better; (iv) thirty (30) year architectural shingles on the roofs; and (v) all exterior doors will have lever hardware. Bay windows, patios, chimneys, areaways, stairs, mechanical equipment, and other similar appurtenances may encroach into the minimum yards as depicted on the "typical lot layout" as shown on the CDPIFDP and as permitted by Section 2-412 and Article 10 of the Zoning Ordinances. Decks, porches (including screened in porches) or sunrooms may be permitted in the rear yard in the area identified on the typical lot layout on Sheet 2 of the CDP/FDP. Deck modifications including, but not limited, to lattice work, pergolas, trellis, and overhang planter boxes may also be constructed within this area. No residential structure shall exceed forty-five (45) feet in height (as measured pursuant to the Zoning Ordinance) or have more than three (3) living levels above grade.

5. Noise Study.

A. The Applicant has submitted a Transportation Noise Impact Analysis and Barrier Analysis (the "Noise Analysis") of the Property prepared by Polysonics Acoustics and Technology Consulting dated March 15, 2019. The Applicant shall provide noise attenuation measures to achieve 45 dBA Ldn or less inside all affected units as follows:

i. In order to reduce interior noise to a level of no more than 45 dBA Ldn for residential units that are projected to be impacted by noise greater than 65 dBA Ldn (but not more than 70 dBA Ldn), the Applicant shall construct such units using the following acoustical measures:

a. Exterior walls shall have laboratory sound transmission class ("STC") rating of at least 39;

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b. Glazing shall have a laboratory STC rating of at least 28 STC to 33 STC for any fac;ade exposed to noise levels greater than Ldn 65 dBA;

c. All surfaces shall be sealed and caulked in accordance with methods approved by the American Society for Testing and Materials ("ASTM") to minimize sound transmission.

B. Noise Levels at Private Yard Areas. The Applicant shall provide a noise wall varying from four ( 4) to seven (7) feet in height, architecturally solid from the ground up with no gaps or openings, to be located in consultation with· UFMD along the rear of the privacy yards along Braddock Road for noise mitigation as shown on the CDP/FDP.

II. RECREATION FACILITIES

6. On-Site Recreation Facilities. Pursuant to Section 16-404 of the Zoning Ordinance regarding developed recreational facilities , as shown on the CDP/FDP the Applicant shall provide recreational facilities to serve the Property including, but not limited to , trails, corner parkette with hardscape and seating areas, children's playground and community gathering area. At the time of the issuance of the first Residential Use Permit ("RUP"), the Applicant shall demonstrate that the value of all proposed recreational amenities is equivalent to a minimum of $1,900 per dwelling unit for the forty-three ( 43) new homes to be built on the site. In the event this amount is not expended on-site by the Applicant, then the residual amount will be contributed to the Fairfax County Park Authority ("FCPA") at the time of, but prior to, issuance of the final RUP, and may be used for recreational facilities in the immediate area which would serve the Property.

7. Off-Site Recreation Facilities. The Applicant will contribute the total sum of $94,658.00 to the Fairfax County Park Authority for improvements to parks and/or other recreational facilities which are in the vicinity of and would serve the Property, in consultation with the Braddock District Supervisor. Such amount is calculated from 106 net new residents multiplied by $893 per resident.

Such contribution shall be made provided that no park facility improvement shall include any operating expense of an existing public facility, such as ordinary maintenance or repair, or any capital improvement to an existing public facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility. For purposes of this proffer, the term "public park" shall include playgrounds and other recreational facilities. The Applicant shall make such contribution in equal amounts of $2,201.34 prior to the issuance of each respective RUP.

8. Pedestrian Circulation System.

A. Sidewalks. Sidewalks on the Property shall be constructed to PFM standards generally as depicted on Sheet C-5 of the CDP/FDP. All sidewalks shall be constructed concurrent with the development of the adjacent Property. All onsite sidewalks and/or trails not located in public rights-of-way shall be maintained by

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the Home Owners Association. Sidewalk and/or trail improvements located within the existing right of way shall be subject to approval by VDOT.

B. Braddock Road. Subject to VDOT approval, and an agreement that the trail will be maintained by the Applicant, the Applicant shall construct a ten (10) foot wide (with the exception of those areas where the trail may be less than 10 feet in width to avoid conflicts with existing utilities) countywide trail along the Property frontage within the ROW of Braddock Road as generally shown in blue on the CDP/FDP. In the alternative, should VDOT not approve the aforesaid, said trail shall be constructed in consultation with UFMD and FCDOT and maintained by the Applicant on the Property, as generally shown on Sheet C-4A of the CDP/FDP.

C. Roberts Road. The Applicant shall construct a five (5) foot wide sidewalk along the Property frontage of Roberts Road from its intersection with Braddock Road and to connect to the existing crossing at Shenandoah Lane as shown on the CDP/FDP. The sidewalk extension north of the Property line is subject to obtaining permission and a public access easement from the owner of Tax Map Parcels 68-2-((1 ))-18A and -21 A.

9. Bicycle Lane. A bicycle lane shall be constructed along the Property frontage of Roberts Road as shown on Sheet C-4 of the CDP/FDP.

III. SCHOOLS

10. Contribution. The Applicant shall contribute the total sum of $110,358 to Fairfax County to transfer to the Fairfax County School Board. Such amount is calculated from a contribution of $12,262 per student multiplied by the proposed developments net generation of 9 new students (6 high school students, 3 middle school students). Such contribution is to be utilized for capital improvements provided that such funds are used for construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto. The Applicant shall make said contributions in equal amounts of $2,566.4 7 prior to the issuance of each respective RUP.

IV. ENERGY CONSERVATION

11. Energy Conservation. The dwelling units shall be constructed to achieve either condition A or B below. Prior to Bond Release, the Applicant shall show proof to Land Development Services ("LDS ") that all units met either condition A or B below.

A. Certification in accordance with the then current version of the National Green Building Standard (NGBS) using the ENERGY ST AR® Qualified Homes path for energy performance, to be demonstrated through a final field inspection report obtained from a home energy rater certified through the Home Innovation Research Labs, said inspection of each dwelling unit to be conducted and said report to be submitted to the Environment and Development review Branch of the Department of Planning and Zoning ("EDRB") prior to the issuance of the RUP

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for the respective dwelling unit, provided that each such inspection report must demonstrate that each respective dwelling unit has attained the certification.

B. Certification in accordance with the Earth Craft House Program, to be demonstrated through certification testing accomplished prior to the issuance of a RUP for each dwelling, and to be submitted to EDRB prior to the issuance of the RUP for each dwelling. The Certification testing requirement shall be met by emailing the building inspector the preliminary inspection report of a third party inspector prior to the issuance of a RUP. Provided that each such inspection report demonstrates that each respective dwelling unit has attained the certification, the final report shall be submitted to EDRB before the issuance of the RUP for the respective dwelling.

V. GARAGE CONVERSION

12. Garage Conversion. Any conversion of garages that will preclude the parking of vehicles within the garage shall be prohibited. Such restriction shall be included as a covenant recorded among the land records of Fairfax County, in a form approved by the County Attorney, prior to the sale of any lots, which covenant shall run with the land to the benefit of the HOA and the Board of Supervisors, be disclosed in the HOA documents, and be given to prospective purchasers, in writing, prior to entering into a contract of sale. The driveway provided for each unit shall be a minimum of seventeen ( 1 7) feet in width and nineteen ( 19) feet and eight (8) inches in length from the garage door to the sidewalk. Garages shall be designed to accommodate two (2) vehicles with interior dimensions of 20 feet by 20 feet measured from drywall to drywall.

VI. HOME OWNERS ASSOCIATION

13 . Reciprocal Easements. As part of the recording of the HOA governing documents, the Applicant shall create reciprocal easements along the common residential property lines, which shall provide future homeowners with reasonable rights of access to lots adjacent to their home to the extent reasonably needed to perform routine home maintenance functions .

14. HOA Document Elements. The HOA documents shall provide that all landscaping provided on the Property shall be native to the mid-Atlantic region to the extent available and feasible , and shall be non-invasive (defined as any plant species identified in the 2014, or latest version, Virginia Invasive Plant Species List published by the Virginia Department of Conservation and Recreation). The HOA documents shall also prohibit the temporary, short term (as may be amended from time to time by the "Zoning Ordinance") rental of a home or rooms or space within a home and shall specifically require the HOA to maintain the internal streets, comer park, ornamental perimeter walls, landscaping, and other common area elements in good condition.

15. HOA Reserve. At the time of issuance of the RUP for each respective dwelling unit, the Applicant shall contribute $1 ,000 for that unit into the HOA Reserve Fund to be utilized by the HOA for maintenance of the internal streets and other common area elements.

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16. Stormwater Management ("SWM")/Best Management Practices ("BMP") Maintenance. The HOA shall be responsible for maintenance of the SWM/BMP facilities on-site. The Applicant shall provide the HOA, after establishment, with written materials describing proper maintenance of the approved BMP facilities.

17. Disclosure. Prior to entering into a contract of sale, prospective purchasers shall be notified in writing by the Applicant of the maintenance responsibility for private streets, walkways, common area landscaping, stormwater management facilities, and all other open space amenities, and shall acknowledge in writing receipt of this information. The HOA governing documents shall expressly contain these disclosures, and shall contain clear language, (i) delineating the tree save areas as shown on the CDP/FDP; (ii) prohibiting the removal of the trees from such tree preservation area except those trees which are dead, diseased, noxious or hazardous as determined by the Urban Forest Management Division of DPWES ("UFMD"); and (iii) outlining the maintenance responsibility of the HOA and individual homeowners as members of the HOA.

VII. STORMW ATER MANAGEMENT

18. SWM/BMP. In accordance with the current County Storm Water Ordinances and Fairfax County Public Facilities Manual, as reviewed and approved by DPWES, the Applicant shall implement storm water management techniques to control the quantity and quality of storm water runoff from the Property. The storm water management techniques may include but not be limited to the following: rain gardens, dry ponds, filtera systems, infiltration ditches, bay filters, storm tech chamber, drainage swales, jellyfish filters and stormtech. Storm water management facilities/Best Management Practices ("BMP") shall be provided as generally depicted on the CDP/FOP. The Applicant reserves the right to pursue additional or alternative storm water management measures, provided those measures are in substantial conformance with the CDP/FOP. Applicant also reserves the right to pursue Nutrient Credits to meet the SWM requirements.

19. Temporarv SWM. At the beginning of development of the Property, the Applicant shall provide a temporary basin in the northeast comer of the site, as approved by DPWES at the time of subdivision plan approval, to detain the onsite runoff and reduce the sheet flow discharge from the portion of the Property draining to the northeast until final Stormwater Management controls are installed.

VIII. TREE PRESERVATION

20. Tree Inventory and Condition Analysis. The Applicant shall submit a Tree Inventory and Condition Analysis as part of the first subdivision plan submission. The Tree Inventory and Condition Analysis shall be prepared by a Certified Arborist or a Registered Consulting Arborist, and shall include such elements of PFM 12-0307 that are deemed appropriate to the Property, as determined by UFMD.

21. Tree Preservation Plan. The Applicant shall submit a Tree Preservation Plan and Narrative as part of the first subdivision plan submission and all subsequent plan

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submissions. The Tree Preservation Plan and Narrative shall be prepared by a Certified Arborist or a Registered Consulting Arborist, and shall include such elements of PFM 12-0309 that are deemed appropriate to the Property, as determined by UFMD.

22. Project Arborist/Pre-Construction Meeting. The Applicant shall retain the services of a Certified Arborist or a Registered Consulting Arborist ("Project Arborist") to attend the pre-construction meeting with responsibility to review the limits of clearing and grading with an UFMD representative and to determine where adjustments to the clearing limits can be made to increase the area of the tree preservation and/or to increase the survivability of trees at the limits of clearing and grading, after which such adjustments shall be implemented. Prior to the pre-construction meeting, the Applicant shall have the approved limits of clearing and grading appropriately marked, with a continuous line of flagging.

23. Tree Protection Fencing. The Applicant shall provide appropriate tree protection devices, based on site conditions and proposed construction activities, as reviewed and approved by UFMD. Tree protection fencing shall consist of four-foot high welded wire attached to six-foot steel posts driven 18 inches into the ground and spaced no further than 10 feet apart, or, in the alternative, super silt fence. In addition, the Applicant shall also further protect the Southern Magnolia by attaching to its top a lightning rod - type device grounded with a copper wire placed into the earth outside the drip line.

24. Tree Preservation Measures. Tree preservation measures shall be clearly identified, labeled, and detailed on the Erosion and Sediment Control Plan sheets and Tree Preservation Plan. Tree preservation measures may include, but are not limited to, the following: root pruning, crown pruning, mulching, watering, or other similar measures. The Tree Preservation Plan shall specify how preservation measures shall be implemented. Tree preservation activities shall be completed during implementation of Phase 1 of the Erosion and Sediment Control Plan.

25. Site Monitoring. The Applicant's Project Arborist shall be present on site during implementation of the Phase 1 Erosion and Sediment Control Plan, and monitor any construction activities conducted within or adjacent to the areas of trees to be preserved. Construction activities include, but may not be limited to, clearing, root pruning, and implementation of the Phase 2 Erosion and Sediment Control Plan. The Project Arborist shall visit the site on a regular basis to continue monitoring tree preservation measures, and to ensure that all activities are conducted as identified in the Tree Preservation Plan approved by UFMD. Written reports shall be submitted to UFMD and the Site Development and Inspection Division site inspector detailing site visits. A schedule for Project Arborist site visits, monitoring, and reports shall be described and detailed in the Tree Preservation Plan.

26. Invasive Plants. During the preconstruction meeting, the Applicant, in conjunction with the Project Arborist, shall identify invasive plants on the Property. The Applicant shall coordinate with the Project Arborist and UFMD for the removal of such identified invasive plants. The Applicant reserves the right to use hand tools, machines, and/or chemical means to remove the invasive plants, as determined to be appropriate by

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UFMD. Applicant acknowledges that trees identified for preservation on the CDP/FDP are not to be harmed in the removal activity.

27. Native Plant Rescue. Until the beginning of development activities on the Property, the Applicant shall continue to allow representatives of qualified organizations to enter upon the Property in the company of an Applicant representative to remove existing local native plants from areas that are to be disturbed and replanted elsewhere in the Braddock District.

IX. TRANSPORTATION IMPROVEMENTS

28. Private Streets. The private streets shall be designed and constructed with materials and pavement consistent with public street standards in accordance with the Public Facilities Manual ("PFM"), subject to the Land Development Services ("LDS") approval. The Homeowners Association shall be responsible for maintenance of private streets.

29. Pipestem Driveways. Owners of lots abutting and utilizing a pipestem driveway shall assume the obligation for maintenance of the pipestem driveway serving such lots as set forth in Sect. 2-103 .5 of the Public Facilities Manual.

X. MISCELLANEOUS

30. Severability. Any portion of the Property may be the subject of a PCA, CDP A and/or FDPA without joinder and/or consent of the other portions, if such PCA, CDPA and/or FDPA does not have any material adverse effect on such other portion. Previously approved proffered conditions or development conditions applicable to the portion(s) not the subject of such a PCA, CDPA, and/or FDPA shall otherwise remain in full force and effect.

31. Escalation. Except as qualified in specific Proffers, monetary contributions for public facilities specified in these Proffers shall escalate or de-escalate, as applicable, on a yearly basis according to the Consumer Price Index for all urban consumers not seasonally adjusted ("CPI-U") from the base month of January 2020 and changes effective each January 1 thereafter, as permitted by Section 15 .2 2303 .3 of the Virginia Code.

32. Successors and Assigns. Each reference to "Applicant" in this Proffer Statement shall include within its meaning, and shall be binding upon, Applicant's successor(s) m interest, assigns, and/or developer(s) of the Property or any portion of the Property.

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ROBERTS ROAD INVESTMENT LC

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