19810414 1981-4ORDINANCE NO. 1981-4
AN ORDINANCE TO REZONE FROM R-3 TO C-i, WITH REASONABLE
CONDITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR
THE C-1 ZONING DISTRICT, 66,624 SQUARE FEET OF LAND
LOCATED ADJACENT TO THE FAIRFAX CITY CEMETERY AND
FRONTING ON PAGE AVENUE, AND ACCORDINGLY TO CORRECT THE
ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF
THE CITY OF FAIRFAX, VIRGINIA. (APPLICATION NO. Z-650-81-1.)
WHEREAS, City Square Partnership, contract owner, has
heretofore filed with this Council a written application to have
rezoned from R-3 to C-l, 66,624 square feet of land on premises
more particularly described as follows:
Beginning at a point on the line dividing the City of
Fairfax and Fairfax County, said point being the
southeasterly corner of Parcel 2, City Cemetery;
thence, running with the said division line and
with the said Parcel 2, City Cemetery, S.87°44'07"W.
250.00 feet to a point; thence, running through the
said Parcel 2, City Cemetery, N.02°15'53"W. 235.56 feet
N.78°09'51"E. 125.19 feet, and $29°12'40"E. 181.19 feet
to a point on the aforesaid division line between the
City of Fairfax and Fairfax County, said point also
lying on the easterly line of the said Parcel 2, City
Cemetery; thence, running with the said division line
and with the said Parcel 2, City Cemetery, S.10°47'20"W.
221.17 feet to the point and place of beginning,
containing 66,624 square feet, more or less, and being
more particularly shown on a plat entitled "Plat for
Rezoning of a 66,624 Sq. Ft. Portion of Parcel 2,
City Cemetery" as prepared by Douglas M. Detwiler &
Associates, Inc., of Fairfax, Virginia, and dated
March 12, 1981, and revised March 16, 1981.
WHEREAS, the said application, having been found by this
Council to be in proper form and accompanied by the required
certified plat, 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
1950 Code of Virginia, 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 1950
Code of Virginia, as amended; and
1981-4
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WHEREAS, as a part of such written application, City Square
Partnership, contract owner, has proffered certain conditions in
addition to the regulations provided for the C-1 zoning district
relative to the rezoning of the aforementioned premises, in
accordance with Section 26-6 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 contract owner, 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
said application and the said conditions as proffered by the
contract owner, and has reached its decision on said application
and the said conditions as proffered by the owner in addition to
the requirement of the C-1 zoning district relative to the afore-
mentioned premises; and
WHEREAS, the City Council after due consideration, has deter-
mined the conditions proffered by the contract owner 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 owner in
addition to the regulations 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-3 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-1 zoning
district, and further subject to the following reasonable
1981-4
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conditions proffered by the contract owner in addition to the
requirements of the C-1 zoning district:
1. The subject property will be developed for an
office building containing a maximum of
30,000 square feet (gross) space and required
parking. The location of the office building
and the required parking area will be generally
in accordance with the attached schematic plan.
2. The building height will not exceed 50 feet
measured from the existing average grade of
Page Avenue as of the date of rezoning.
3. These proffers 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 property as if the same were a part of the regulations
provided for the C-1 zoning district and any person violating
such conditions shall be punished as provided in Section 26-7 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 here-
tofore 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 C-1 zoning district, and that the Clerk of this Council
be and 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: April 14, 1981
ATTEST:
CI'TY (~J~E RK
MAYOR