19821123 1982-45ORDINANCE NO. 1982-t~5
AN ORDINANCE TO REZONE FROM R-2 TO CI-L WITH PROFFERS, IN
ADDITION TO THE REGULATIONS PROVIDED FOR THE CI-L DISTRICT, PARCEL
61, CONTAINING 5~,g21 SQUARE FEET OF LAND ON PREMISES KNOWN
AS 3605 CHAIN BRIDGE ROAD AND MORE PARTICULARLY DESCRIBED
ON CITY OF FAIRFAX TAX MAP AS 57-2-((2))-61 AND TO REZONE
FROM C-2 TO C-2 WITH PROFFERS, IN ADDITION TO THE REGULATIONS
PROVIDED FOR THE C-2 DISTRICT, PARCEL B, CONTAINING 13,708
SQUARE FEET OF LAND ON PREMISES KNOWN AS 3603 CHAIN BRIDGE ROAD
AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF
THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA
(Application No. Z-657-B2-2)
WHEREAS, Charles L. Dunn, owner, has heretofore filed with this Council a
written application to have rezoned from R-2 to CI-L with proffers, Parcel 61, con-
taining 5~,821 square feet of land on premises known as 3605 Chain Bridge Road and
more specifically described as follows:
Beginning at the northwest corner of the land hereindescribed, said point
being a corner of Mary A. Vincent, Estate, Vincent Parcel "B" said point also
being on the easterly variable width right-of-way of Chain Bridge Road,
Route 123, said point being an iron pin;
Thence departing the easterly variable width right-of-way of Chain Bridge
Road, Route 123 and running with the line of Mary A. Vincent Estate, Par-
cels "B" and "A' S 8t~° 05' 00" E 380.99 feet to an iron pin in the line of
Higginbotham, said iron pin also being a corner of Sherwood;
Thence departing the lines of Mary A. Vincent Estate, Vincent Parcel "A"
and Higginbotham and running with the line of Sherwood S 18° 16' 21" W
153.63 feet to an iron pin, said iron pin being a corner of 3ames A. and
Marine G. Vincent, Vincent Parcel "E";
Thence departing the line of Sherwood and runnin~ with the line of 3ames S.
and Marian G. Vincent, Vincent Parcel "E", N 8#v 05' 00" W 3t~9.60 feet to
an iron pipe on the aforementioned easterly variable width right-of-way of
Chain Bridge Road, Route 123;
Thence departing the line of 3ames S. and Marian G. Vincent, Vincent Parcel
"E" and running with the easterly variable width right-of-way of Chain
Bridge Road, Route 123 N 06° 28' 50" E 150.08 feet to the point of beginning,
containing 5q,g21 square feet of land, more or less; and
Subject, however, to all easements, rights-of-way, restrictions and
convenants of record.
WHEREAS, Charles L. Dunn, owner has heretofore filed with this Council a written
application to have rezoned from C-2 to C-2 with proffers, Parcel B, containing 13,70g
square feet of land on premises known as 3603 Chain Bridge Road and more specifically
described as follows:
Beginning at an iron pipe in the east right-of-way line of Chain Bridge Road,
Rte. 123, said pipe being the northwest corner of Parcel "D" of the land of
Dunn et al., thence with the east right-of-way line of Rte. 123 N 06° ~9' #2"
E 3#.01 feet to a point, corner to Parcel "C";
Thence leaving the said right of way line of Rte. 123 and running with the
south line of Parcel "C' N 72° 31' 20" E 178.00 feet to a point, corner to
Parcel "A";
Thence with the west line of Parcel "A" S 17° 29' 11" E 11~.06 feet to a point
in the north line of Parcel "D";
1982-45 -2-
Thence with the said north line of Parcel "D" S 84° 05' 00" E 209.21 feet to
the point of beginning.
Containing 13,708 square feet.
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 was heard by the Planning Commission in public hearing pursuant to such adver-
tisement, 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-~93 of the Code of Virginia of 1950, as amended; and,
WHEREAS, as a part of such written application, Charles L. Dunn has proffered
certain conditions in addition to the regulations provided in the C I-L and C-2 zoning
districts 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 15.1-1¢9(a) of the 1950 Code of Virginia, as amended, and
WHEREAS, said public hearing on said application, together with the said condi-
tions as proffered by the manager, 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 applications and the
said conditions as proffered by the manager and has reached its decision on said appli-
cations and the said conditions as proffered by the owner to the requirements of the
C I-L and C-2 zoning districts relative to the aforementioned premises; and
WHEREAS, the City Council after due consideration, has determined the condi-
tion proffered by the manager in addition to the requirements of the CI-L and C-2
zoning districts 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 applications, together with
the said conditions as proffered by the manager in addition to the regulations provided
for the CI-L and C-2 zoning districts relative to the aforementioned premises be, and
the same hereby is, granted, and that the aforesaid land hereinbefore and in said appli-
cation more specifically described be, and it hereby is, rezoned from the R-2 to the
-3-
CI-L zoning district, and is rezoned from the C-2 to C-2 zoning district, as set forth
and defined in the said Zoning Ordinance and amendments thereto, subiect to the use
regulations permitted in such CI-L and C-2 zoning districts, and further subiect to the
following reasonable conditions proffered by the manager in addition to the
requirements of the CI-L and C-2 zoning districts:
1. Parcels B and D, as those parcels are shown on the attached plat showing the
boundary survey of the lands of ~ames S. and Marian G. Vincent and Charles L.
Dunn, et al. prepared by Patton, Harris, Rust and Associates dated ~]anuar¥ 7, 1982,
shall be consolidated.
2. An access road no less than 22 feet in width, plus ingress and egress and other
necessary easements, shall be provided onto parcels B and D, as those parcels are
shown on the attached plat showing the boundary survey of the lands of ~]ames S.
and Marian G. Vincent and Charles L. Dunn et al. prepared by Patton, Harris, Rust
and Associates dated ~]anuar¥ 7, 1982. Such new access road shall be no closer to
Chain Bridge Road at any point than 150 feet. No ingress or egress shall be allowed
from Chain Bridge Road onto Parcel D.
3. The applicants agree that neither they nor their agents shall apply to the
Board of Zoning Appeals or other public authorities for variances or waivers from
these proffers.
The said conditions, as hereinbefore set forth, shall apply to the subiect property as if
the same were a part of the regulations provided for the CI-L and C-2 zoning districts
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 heretofore adopted as part of the Zoning
Ordinance to properly show such change in the zoning of said land, including the exist-
ence of the said conditions in addition to the regulations provided for the CI-L and C-2
zoning districts, 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:
ATTEST:
November 23~ 1982