Diane Cox Basheer, Trustee
2071 Chain Bridge Road
Suite 510
Vienna, VA 22182
(703) 749-0140 FAX (703) 749-0142
Kenneth O. Thompson, Trustee
12531 Clipper Drive
Suite 201
Woodbridge, VA 22192
{703 ) 690-7969 FAX (703) 690-7288

APPLICANTS’ PROPOSED
SPECIAL EXCEPTION DEVELOPMENT CONDITIONS

SE 2003-LE-036

April 19, 2004

If it is the intent of the Board of Supervisors to approve SE 2003-LE-036 located at Tax Map 92-1 ((8)) 1-18; 92-1 ((7)) 1-8, 27-45, 55-63; 82-3 ((18)) 46-48, 53-54; and portions of Split Rock Road, Wayside Place and Raven Place to be abandoned and/or vacated (6412 - 6429 Wayside Place, 6408-6414 Raven Place, and 4711 - 4739, 4801-4812 and 4900 Split Rock Road) (the "Application Property") to allow a cluster development pursuant to Sect. 9-615 of the Fairfax County Zoning Ordinance, staff recommends that the Board condition the approval by requiring conformance with the following development conditions. The Application Property is zoned R-3.

1. This special exception is granted for and runs with the Application Property and is not transferable to other land.

2. This special exception is granted only for the purpose(s), structures and/or use(s) indicated on the special exception plat, as qualified by these development conditions.

3. This Special Exception is subject to the provisions of Article 17, Site Plans, as may be determined by the Director, Department of Public Works and Environmental Services (DPWES). Any plan submitted pursuant to this special exception shall be in substantial conformance with the approved Special Exception Plat entitled "Special Exception Plat Rose Hill Park", prepared by Christopher Consultants dated September 15, 2003 and revised through February 24, 2004 and these conditions. Minor modifications to the approved special exception may be permitted pursuant to Par. 4 of Sect. 9-004 of the Zoning Ordinance.

4. Prior to subdivision plan approval, a geotechnical report of the Application Property shall be submitted to the Geotechnical Review Board and all recommendations of the Geotechnical Review Board and DPWES shall be incorporated into the design of the subdivision to alleviate potential structural problems, to the satisfaction of DPWES. The recommendations of the Geotechnical Review Board shall be implemented even if this results in the loss of lots.

5. Geotechnical inspection reports certified by a licensed professional engineer (the engineer of record) shall cover all aspects of the slope stabilization structures constructed on the Application Property, engineered fill construction, the foundation of all buildings including floor slab, roadways, public utilities and private driveways. To ensure that construction items certified are in compliance with the approved plans, the form of such certification shall be as determined by DPWES. If deemed necessary, DPWES may require the recordation of all or some of the certifications with the land records.

6. As specified below, the Applicant shall be obligated to repair and stabilize any portion of the contiguous off-site properties that may be damaged as a proximate result of the Applicant's faulty and negligent grading and construction activity. The work shall be performed by a bonded and insured licensed state contractor selected by the Applicant.

Before construction and grading begins, the Applicant shall mail, by certified mail, return receipt requested, a written request to the contiguous off-site property owners to request access to their property for purposes of inspection. The property owners shall be given ten (10) days from the date of the notice to permit the inspection of the contiguous off-site properties. Subject to property owner approval, the Applicant will then conduct and document an inspection of the structural conditions of the dwelling unit and foundations of the contiguous off-site properties, including interior inspection of basements without removal of paneling and/or sheetrock, to establish existing house structural conditions and existing off-site property conditions prior to such construction and grading. Said inspection shall be performed in the presence of the property owner. The property owner is obligated to disclose to Applicant at time of inspection any defects of which they are aware, and/or any corrective measures that have been taken with regard to the structure. Said inspection shall be performed by a qualified inspector, independent of the Applicant and acceptable to Fairfax County. A written report with photographs will be used to establish such existing conditions. Upon completion of the inspection, the Applicant will review the results with each landowner and both Applicant and landowner will sign the existing condition report to verify its correctness and each will retain a copy for future reference. A third copy will be provided to the Director of the Fairfax County DPWES for reference. The Applicant will be relieved of its responsibility to conduct such an inspection if the landowner refuses to allow access to the parcel and the house. Prior to being relieved of this responsibility, the Applicant shall mail a letter, by certified mail, return receipt requested, to the landowner stating that the Applicant has not been granted access within the initial ten (10) day period or has been refused access and this letter shall again request access. A copy of such letter request shall also be submitted to the Lee District Supervisor and the Director of DPWES. If the landowner who initially failed to grant access or who refused access again fails to grant the right of access within ten (10) days after the date of said second written request, then the Applicant shall be relieved of its obligations to inspect said landowner's parcel. Any landowner's failure, within ten (10) days of receipt to sign the completed inspection report that accurately reflects existing conditions, shall relieve the Applicant of any requirement to obtain said signature. In addition, any landowner's failure to grant access in a proper and timely manner or to sign the inspection report in a proper and timely manner shall relieve the Applicant of any and all legal obligations which the Applicant may owe to said landowner under these conditions. Any inspections and obligations to the property owner shall be transferable to a subsequent purchaser in accordance with the terms and conditions described herein.

7. Subject to the owner's consent and access, the Applicant will repair and stabilize any portion of the contiguous off-site properties that may have shifted and may have caused damage to any structures or property as a proximate result of the negligent and faulty grading or construction activity performed by Applicant's contractor. Such repairs and stabilization shall be commenced within ninety (90) days of written notification to the Applicant by a landowner specifying the damage done by the Applicant's negligent and faulty grading and construction activity unless reasonable additional time is needed to determine an appropriate course of action for repair. Upon receipt of said written notice, the Applicant and the landowner will meet to inspect the damage claim, to compare the damage claim with the existing condition report and to determine an appropriate course of action for repair. If a repair is warranted under the requirements of this condition, such repair shall be diligently pursued and completed without unreasonable delay. Any repair required pursuant to the requirement of this condition shall be subject to review and approval by DPWES, and shall be insured with a General Liability Policy as described in Condition 8. If, despite good faith efforts by both parties, an appropriate course of action for repair cannot be agreed upon, then the parties shall submit the matter to arbitration under the rules of the American Arbitration Association before taking any other action. The foregoing responsibility of the Applicant shall begin upon the commencement of development and shall remain effective until the later of: (a) two years after the issuance of the final residential use permit, or (b) not less than five years from the date of start of construction as determined by the date of issuance of site disturbance permits for the Application Property.

8. The Applicant shall, during development, obtain and maintain General Liability insurance coverage with a limit of Two Million Dollars ($2,000,000.00) per occurrence with a $2,000,000.00 aggregate, insuring against on and off-site property damage which results from faulty and negligent grading and construction by the Applicant or any subcontractor on the Application Property. Fairfax County shall be included as an additional insured party in the insurance policy required under this condition, and Fairfax County, as the additional insured, shall be given a forty-five (45) day notice of any proposed changes to the policy.

9. To further insure the Applicant's ability to protect on-site and contiguous off-site property owners, the Applicant shall require all contractors and subcontractors working on the Application Property to also obtain and maintain general liability insurance coverage in a commercially reasonable amount.

10. Upon conveyance of a dwelling unit, each initial purchaser shall be provided a ten (10) year warranty if then offered in the marketplace from HBW (Home Buyer's Warranty), RWC (Residential Warranty Corp.), QBW (Quality Builders Warranty), PWC (Professional Warranty Corporation) or other equivalently rated licensed insurer, licensed by the Commonwealth of Virginia, insuring structural stability for each dwelling unit constructed on the Subject site for the warranty period. Such warranty shall be transferable by the initial purchaser to subsequent purchasers.

11. A geotechnical engineer shall be retained by the Applicant to be on-site during all phases of construction that are affected by soil stability. During the on-going construction, a geotechnical engineer shall prepare and submit written inspection reports to DPWES regarding on-site compliance with the geotechnical report approved by DPWES, as required by the geotech board.

12. Construction methods that will minimize vibration and the disturbance of adjoining properties shall be utilized by the Applicant, as approved by DPWES. If such methods are recommended in the geotechnical studies, DPWES reserves the right to preclude such construction methods from being used. If approval is granted for such methods, Applicant shall coordinate with DPWES and the adjoining properties the hours of operation. The Applicant will not use dynamic compaction on the Application Property.

13. All slope stabilization features including but not limited to the piles, retaining walls and subsurface drains shall be bonded. The construction of private driveways shall be addressed in the geotechnical study and constructed to acceptable standards. The driveways shall also be included in an escrow by the homebuilder in conjunction with the issuance of a building permit for each dwelling unit.

14. During development of the Application Property, the telephone number of the superintendent that will be present on-site during construction shall be provided to the President of the Rose Hill Civic Association and the Lee District Supervisor's Office.

15. The Applicant will provide by covenant approved by the County Attorney and recorded in the land records of Fairfax County with the deed to each dwelling unit for affirmative disclosure that the subject units are built in an area containing marine clay. The Applicant shall provide a similar disclosure in each new home sales contract specifically stating that the dwelling unit was constructed on marine clay soils.

16. The homeowners association created for the Application Property shall be responsible for the maintenance of the perimeter of the stormwater management pond, all structural retaining walls, including those located on individual lots, as shown on the final subdivision plan, and the area encumbered by the preservation easement, which shall include the removal of dead, dying and diseased trees, and their reasonable replacement, that may present a hazard to the Application Property or the adjacent residential community. These responsibilities shall be included in the homeowners association documents prepared for the Application Property.

17. A copy of the approved subdivision plat shall be provided to the President of the Rose Hill Civic Association within fifteen (15) days of receipt of such plat by the Applicant from the County.

18. Any structural retaining walls shall be constructed of stone or decorative split-faced block.

19. Facades of the units and the design of the entrance feature shall be in substantial conformance with those shown on Attachment A.

20. During the development of the Application Property, the Applicant shall clear areas outside the limits of clearing and grading of any debris, including dead, dying, or diseased trees, that pose a hazard.

21. At the time of recordation of the record plat for the subdivision of the Application Property, the Applicant shall record a preservation easement around the perimeter of the Application Property, proximate to the adjacent residential community. The area of such preservation easement shall include all of the common area outside of the limits of clearing and grading as shown on the final approved subdivision plan for the Application Property, and shall provide an easement area that is a minimum of 50 feet wide as measured from the peripheral property lines of the Application Property and may extend onto individual lots(s) as necessary to provide such 50 feet. Such preservation easement area shall be exclusive of areas where clearing and grading is required for installation of utilities, stormwater management facilities, emergency access, the entry features, conditions required by geotechnical analysis and/or the Geotechnical Review Board or as otherwise shown on the SE Plat. Said preservation easement shall run to the benefit of the Board of Supervisors of Fairfax County in a form approved by the County Attorney. The preservation easement will require that the preservation easement area be preserved in its natural state (except for removal of dead, dying or diseased trees, that pose a hazard, and the removal of invasive species and fallen limbs, leaves, etc.), as supplemented by the plantings referenced herein, and maintained by the homeowners association created for the Application Property. The HOA documents shall provide that no buildings, play equipment, sheds, gazebos or the like may be permitted in any of the HOA common area(s) encumbered by the preservation easement. Areas within the preservation easement within 50 feet of the peripheral property line in which vegetation is sparse, shall be planted with six (6) foot high evergreen trees planted approximately twenty (20) feet on center, or with trees relocated from other portions of the property as described in Condition 22. The location and species of trees shall be coordinated with the Urban Forestry Division of DPWES.

22. The Applicant and representatives of the Lee District Land Use Advisory Committee and the Urban Forestry Division shall conduct a walk of the Application Property prior to submission of a final subdivision plan to review the proposed limits of clearing and determine whether enhancements to tree save areas may be made based on field conditions, and to finalize the location of areas for possible supplemental plantings of indigenous plant species to include, if possible, the relocation of on-site hollies and dogwoods. The final tree save area as determined by a second walk by the Applicant and representatives of the Lee District Land Use Advisory Committee and the Urban Forestry Division prior to clearing and grading shall be delineated by the placement of tree protection fencing. Tree protection fencing four foot high, 14-inch gauge welded wire attached to 6-foot steel posts driven 18-inches into the ground and placed no further than 10 feet apart shall be erected at the limits of clearing and grading as shown on the demolition, and phase I & II erosion and sediment control sheets. All tree protection fencing shall be installed prior to any clearing and grading activities, including the demolition of any existing structures. These measures shall remain in place during all construction activity.

23. The Applicant shall construct a stormwater management pond on the Application Property as shown on the SE Plat. In addition, and as a possible alternative to meeting BMP requirements, the Applicant shall explore bio-retention and other Iow impact development options. Said options shall be implemented as permitted in consideration of existing soils.

24. The Applicant shall construct a fence with a height of at least 42 inches around the proposed stormwater management pond.

25. The above conditions shall be binding on the Applicant, developer, or any builder to whom the Subject site is conveyed.

The above proposed conditions are staff recommendations and do not reflect the position of the Board of Supervisors unless and until adopted by that Board.

This approval, contingent on the above noted conditions, shall not relieve the applicant from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. The Applicant shall be responsible for obtaining the required Non-Residential Use Permit through established procedures, and this Special Exception shall not be valid until this has been accomplished.

Pursuant to Section 9-015 of the Zoning Ordinance, this special exception shall automatically expire, without notice, thirty (30) months after the date of approval unless the use has been established or construction has commenced and been diligently prosecuted. The Board of Supervisors may grant additional time to establish the use or to commence construction if a written request for additional time is filed with the Zoning Administrator prior to the date of expiration of the special exception. The request must specify the amount of additional time requested, the basis for the amount of time requested and an explanation of why additional time is required.

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