19781017 1978-20ORDINANCE NO. 1978-20
AN ORDINANCE TO REZONE FROM C-2 TO I-2, WITH REASONABLE
CONDITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR
THE I-2 ZONING DISTRICT A PORTION OF THE REAR OF LOT 22-A
CONTAINING 4,721 SQUARE FEET ON PREMISES KNOWN AS THE
11174 BLOCK OF LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED
ON FAIRFAX CITY TAX MAP 57-1( (2))-22-A, AND TO ACCORDINGLY
CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDI-
NANCE OF THE CITY OF FAIRFAX, VIRGINIA. (Application No.
Z-630-78-1. )
WHEREAS, E. H. Glover, Incorporated, owner, has heretofore filed
with this Council a written application to have rezoned from C-2 to I-2 a por-
tion of the rear of lot 22-A containing 4,721 square feet on premises known
as the 11174 block of Lee Highway and more particularly described on Fairfax
City tax map 57-1((2))-22-A and more specifically described as follows:
Beginning at the northeasterly corner of Parcel 22-A, Kamp
Washington Park, said point also being a corner of Parcel
23-A, Kamp Washington Park; thence with the westerly line of
the said Parcel 23-A S 2o20' E 186.31 feet to a point;
thence through Parcel 22-A, parallel with the northerly line
of Lee Highway and 195 feet therefrom, S 85o42'30'' W 50.71
feet to a point; thence continuing through the said Parcel
22-A, binding with the I-2 zoning line heretofore established,
N 12o45' E 194.75 feet to the point of beginning, containing
4,721 square feet of land.
WHEREAS, the said application, having been found by this Council to
be in proper form and accompanied by the required certified plat and the
receipt 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,
WHEREAS, as a part of such written application, E. H. Glover,
Incorporated, owner, has proffered certain conditions in addition to the regu-
lations provided for the I-2 zoning district relative to the rezoning of the
aforementioned 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(ai
of the 1950 Code of Virginia, as amended.
1978-20
WHEREAS, 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 Commis-
sion, duly filed, and the evidence presented at the public hearing in connec-
tion with said application and the said conditions as proffered by the owner,
and has reached its decision on said application and the said conditions 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 the C-2 to the 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 owner in addition to the
requirements of the I-2 zoning district:
1. A chain link fence with cedar slats, at least six (6)
feet in height, will be constructed and maintained
properly around that portion of the subject property
zoned I-2, in conjunction with property previously
zoned I-2 in Z-621-76-1 on April 12, 1977, except that
portion of the property adjacent to the VEPCO property,
where a fence presently exists.
2. This proffer shall not be subject to a variance or
waiver at a later date by the Board of Zoning Appeals
or other appropriate authorities.
The said conditions, as hereinabove set forth, shall apply to the subject pro-
perty as if the same were a part of the regulations provided for the I-2 zonin¢
district and any person violating such conditions shall be punished as pro-
vided in Section 8 of the said Zoning Ordinance.
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1978-20
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: October 17, 1978.
Mayor
Attest:
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