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19790731 1979-14ORDINANCE NO. 1979-14 AN ORDINANCE TO REZONE FROM R-2 TO C-i, WITH REASONABLE CONDITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-1 ZONING DISTRICT 26,060 SQUARE FEET OF LAND ON PREMISES KNOWN AS 10506 ORCHARD STREET, AND MORE PARTIC- ULARLY DESCRIBED ON FAIRFAX CITY TAX MAP AS 57-2-((8))-4~ AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. (Application No. Z-638-79-1.) WHEREAS, W. Rembert Simpson and JoSue L. Simpson, owners, have here- tofore filed with this Council a written application to have rezoned from R-2 to C-1 26,060 square feet on premises known as 10506 Orchard Street, and more particularly described on Fairfax City tax map as 57-2-((8))-4, and more specifically described as follows: Beginning at a point in the northerly line of Orchard Street, said point being the southwesterly corner of Lot 3, Section Two, Fairfax Acres; thence with the said line of Orchard Street N. 88o22'20'' W 100.O0 feet to a point, said point be- ing the southeasterly corner of Lot 5, Section Two, Fairfax Acres; thence with the easterly line of the said Lot 5 N !° 37'40" E 262.20 feet to a point in the southerly line of"The Assembly"; thence with the southerly line of said "The Assembly" S 86°32'20'' E 100.05 feet to a point, said point being the northwesterly corner of the aforementioned Lot 3; thence with the westerly line of the said Lot 3 S lO37'40'' W 258.99 feet to the point of beginning, containing 26,060 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 filin 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, W. Rembert Simpson and JoSue L. Simpson, owners, have proffered certain conditions in addition to 1979-14 the regulations provided for the C-i zoning district relative to the rezoning of the aforementioned premises, in accordance with Section 3.]31:2 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; and, WHEREAS, said public hearing on said application, together with the said conditions as proffered by the owners,has been this day held, and said City Council has considered the recommendations of said City Planning Commission, duly filed, and the evidence presented at the public hearing in connection with the said application and the said conditions as proffered by the owners,and has reached its decision on said application and the said condi- tions as proffered by the owne~in addition to the requirements of the C-1 zoning district relative to the aforementioned premises; and, WHEREAS, the City Council after due consideration, has determined the conditions proffered by the owners in addition to the requirements of the C-1 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 owners in addition to the regula- tions provided for the C-1 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 R-2 to the C-1 zoning district, as set forth and defined in the said Zoning Ordinance and amendments thereto, subject to the use regulations permitted in such C-! zoning district, and further subject to the following reasonable conditions proffered by the owners in addition to the requirements of the C-1 zoning district. 1. Subject property will be used solely for surface parking in conjunction with development of the adjacent lots No. 2 and 3 owned by applicants which are presently zoned C-I. The building will be limited to four stories in height and constructed solely on lots No. 2 and 3. 2. The decadent rental houses located on subject parcel and the adjacent parcel will be removed within a reasonable period of time. -2- 1979-14 3. Landscaping will comply with City requirements. Applicants will screen the parking use from "The Assembly" which is adjacent to the north of subject property. Applicants will submit a site plan for approval before commencement of construction. The setback on the north side of Lot 4 as it adjoins "The Assembly" townhouse project will be 25 feet instead of the required 12 feet. 5. Applicants agree that they and their successors will not apply to the Board of Zoning Appeals or other public authorities for variances or waivers from these proffers. 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 C-i zoning district and any person violating such conditions shall be punished as ~rovided in Section 8 of the said Zoning Ordinance; and 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 ~rovided for the C-1 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: July 31, 1979 Mayor ATTEST: C-ity Clerk -3-