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19770308 1977-08ORDINANCE NO. 1977-8 AN ORDINANCE TO REZONE FROM R-1 TO I-2, WITH REASONABLE CON- DITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE I-2 ZONING DISTRICT, 3.066 ACRES OF LAND LOCATED IN THE 3400 BLOCK OF PICKETT ROAD AND MORE PARTICULARLY DESCRIBED ON CITY TAX MAP 58-1-((2))-36, AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. (Application No. Z-607-74-3.) WHEREAS, The Pickett Company, owner, has heretofore filed with this Council a written application to have rezoned from R-1 to I-2, 3.066 acres of land in the 3400 block of Pickett Road, and more particularly described on City tax map 58-1-((2))-36, and more specifically described as follows: Beginning at a point lying on the easterly side of Pickett Road, Route 655, said point being the northwesterly corner of the Pickett Company Property and lying in the southerly line of the Krasnow Property; thence departing said Pickett Road and running with the southerly line of said Krasnow Property N 35o26'40,, E 354.50 feet to a.point being the northwesterly corner of the American Oil Company, Cities Service Oil Company, Gulf Oil Corporation and Texaco, Inc. (hereafter referred to as "oil companies") Property; thence departing said Krasnow Property and running with the westerly line of said "oil companies" Property S 12o11'43'' W 380.00 feet to a point; thence departing said "oil companies" Property and running through the Pickett Company Property with the dividing line between the present R-1 and I-2 zones S 85o26'40,, W 379.59 feet to a point lying in the easterly side of Pickett Road; thence running with said easterly side of said Pickett Road N 15°44'41,, E 387.98 feet to the point and place beginning and containing 3.066 acres of land, more or less. WHEREAS, the said application, having been found by this Council to 'be in proper form and accompanied by the required certified plat'and the re- ceipt showing payment of the fee required to be paid at the time of the filing thereof, was promptly referred to the Planning Commission of this City for its investigation and recommendations thereon, and was duly advertised for public hearing before the Planning Commission in the manner and for the time required by the Zoning Ordinance of this City, as amended, and by Section 15.1-493 of the Code of Virginia of 1950, as amended, and was heard by the Planning Commission in public hearing pursuant to such advertisement, and was duly advertised for public hearing thereon before the Council in the manner and for the time required by the Zoning Ordinance of this City, as amended, and by Section 15.1-493 of the Code of Virginia of 1950, as amended; and, 1977-8 WHEREAS, as a part of such written application, The Pickett Company, owner, has proffered certain conditions in addition to the regulations pro- vided for the I-2 zoning district relative to the rezoning of the aforemen- tioned premises, in accordance with section 3.131:2 of the Zoning Ordinance of the City of Fairfax, Virginia, as amended, and section 15.1-491(a) of the ~1950 Code of Virginia, as amended. WHEBEAS, said public hearing on said application, together with the said conditions as proffered by the owner, has been this day held, and said City Council has considered the recommendations of said City Planning Com- mission, duly filed, and the evidence presented at the public hearing in connection with said application and the said conditions as proffered by the owner, and has reached its decision on said application and the said condi- tions as proffered by the owner in addition to the requirements of the I-2 zoning district relative to the aforementioned premises; and, WHEREAS, the City Council after due consideration, has determined the conditions proffered by the owner in addition to the requirements of the I-2 zoning district relative to the aforementioned premises to be reasonable, proper and in the best interest of the public necessity, convenience, general welfare, and good zoning practice. NOW, THEREFORE, BE IT ORDAINED that the said application, together with the said conditions as proffered by the owner in addition to the regula- tions provided for the I-2 zoning district relative to the aforementioned premises be, and the same hereby is, granted, and that the aforesaid land hereinbefore and in said application more specifically described be, and it hereby is, rezoned from R-1 to I-2 zoning district, as set forth and defined in the said Zoning Ordinance and amendments thereto, subject to the use regulations permitted in such I-2 zoning district, and further subject to the following reasonable conditions proffered by the owners in addition to the requirements of the I-2 zoning district: 1. No buildings shall be located within the 50 foot open space buffer located along the north and east boundary lines nor shall any buildings be located within the 25 foot building restrictiQn area located along the western boundary line of the property. These buffer areas and building restriction areas are more particularly shown on the proffer plat which is attached hereto as Exhibit A and made a part hereof by reference. 1977-8 2. The 50 foot open space buffers along the north and eastern property lines shall be landscaped with six foot high evergreen trees as shown on the attached proffer plat and maintained; provided, how- ever, that the arrangement and spacing of trees in the 50 foot open space buffer along the northern property line may be varied, subject to approval by the City of Fairfax, so as to accommodate the existing water line in that area. 3. The 25 foot building restriction area located along the western property line shall be landscaped and maintained in such a manner as may be agreed upon by the owner of the property and the City of Fairfax. 4. No construction of any buildings or structures will take place within these open space buffers and building restriction areas, pro- vided, however, that a driveway may be built crossing the building restriction area along the western boundary line so as to provide ac- cess to the site from Pickett Road and signs may be constructed in the 25 foot building restriction area along Pickett Road advertising the industrial uses to be developed on the subject property, such signs being those as may be permitted and approved by the applicable agencies of the City of Fairfax. 5. The architectural facades of the building or buildings to be developed on the subject property shall be constructed with brick, concrete or stone exteriors, or a combination thereof, in basic con- formance with the architectural style presently existing on the other buildings located in the Pickett Industrial Park. 6. In the event that buildings being developed on ~he subject property are not located in such a manner as to provide for a building wall immediately adjacent to the building restriction lines on the north and east sides of the property, there will be constructed and maintained a stockade fence at least six feet in height on and along said building restriction line. 7. Any exterior lighting employed in the development of the subject property will be directional in nature and will be directed in such a manner as to be shielded from the adjacent residential property. The lighting standards utilized on the subject property shall not ex- ceed 26 feet in height; nor shall the mounting height of the lighting fixture exceed 25 feet. .8. The structures to be constructed upon the subject property shall not exceed 35 feet in height, measured in accordancewith the provision of the Zoning Ordinance of the City of Fairfax, Virginia, provided, however, that mechanical units (not to exceed six feet in height) located on top of the roof and any shields or screens relating thereto, shall not be included in calculating this 35 feet in height. Additionally, any such mechanical units will be shielded and screened from adjoining properties. 9. The development of the subject property shall be in accordance with the conditions set forth hereinabove and the plat attached hereto as Exhibit A and made a part hereof by reference. There shall be no amendment to these proffers unless mutually agreed upon by the Council of the City of Fairfax and the owner. No amendment will be obtained by the owner for variance or waiver before any other legislative or quasi-judicial body empowered to grant such variances pursuant to the statutes of the Commonwealth of Virginia and the ordinances of the City of Fairfax. The said conditions, as hereinabove set forth, shall apply to the subject property as if the same were a part of the regulations provided for the I-2 - 3- 1977-8 zoning district and any person violating such conditions shall be punished as provided in section 8 of the said Zoning Ordinance. BE IT FURTHER ORDAINED that the Zoning Administrator of the City be and he hereby is directed to correct the Zoning Map heretofore adopted as part of the Zoning Ordinance to properly show such change in the zoning of said land, including the existence of the said conditions in addition to the regulations provided for the I-2 zoning district, and that the Clerk of this Council be and she hereby 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 take effect immediately upon its passage by the City Council of the City of Fairfax, Virginia. Adopted: March 8, 1977 Attest: ~ ~-ty? Clerk - 4 -