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19821123 1982-44ORDINANCE NO. 1982-t4. t4. AN ORDINANCE TO REZONE FROM R-2 TO CI-L WITH PROFFERS, IN ADDITION TO THE REGULATIONS PROVIDED FOR THE CI-L DISTRICT, PARCEL 62, CONTAINING 50,108 SQUARE FEET OF LAND ON PREMISES KNOWN AS 3613 CHAIN BRIDGE ROAD AND MORE PARTICULARLY DESCRIBED ON CITY OF FAIRFAX TAX MAP AS 57-2-((2))-62 AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA (Application No. Z-658-82-1) WHEREAS, 3ames S. and Marian G. Vincent, owners, have heretofore filed with this Council a written application to have rezoned from R-2 to C1-L with proffers, Parcel 62, containing 50,108 square feet of land on premises known as 3613 Chain Bridge Road and more specifically described as follows: Beginning at the northewestly corner of the land hereindescribed, said point being a nail and chiseled cross in the top of a concrete wall, said point also being a corner of Charles L. Dunn, et al., said point also being on the easterly variable width right-of-way of Chain Bridge Road, Route 123; Thence departing the easterly variable width right-of-way of Chain Bridge Road, Route 123, and running with the line of Charles L. Dunn, et al., S. 8t~o 05' 00" E 3t~9.60 feet to an iron pin in the line of Sherwood; Thence departing the line of Charles L. Dunn, et. al., and running with the line of Sherwood S 18° 16' 21" W 153.63 feet to an iron pipe, said iron pipe being a corner of Williams; Thence departing the line of Sherwood and running with the line of Williams N 8~° 05' 00" W 318.20 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 Williams and running with the easterly variable width right-of-way of Chain Bridge Road, Route 123 N 06° 28' 50" E (passing through a Virginia Department of Highways monument at 2.05 feet) 150.08 feet to the point of beginning; Containing 50,108 square feet 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 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-g93 of the Code of Virginia of 1950, as amended; and, 1982-44 -2- WHEREAS, as a part of such written application, 3ames S. and Marian G. Vincent, have proffered certain conditions in addition to the regulations provided in the C I-L 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 l~.l-l~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 CI-L zoning district 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 C1-L 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 manager in addition to the regulations provided for the C I-L 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 I-L zoning district, as set forth and defined in the said Zoning Ordinance and amendments thereto, subject to the use regulations permitted in such C I-L zoning district, and further sub- ject to the following reasonable conditions proffered by the manager in addition to the requirements of the C1-L zoning district: I. Prior to the subject property's occupancy for commercial uses, an access road no less than 22 feet in width, plus all necessary easements, shall be provided on the subject property, to the rear of the residence existing at the time of this rezoning application. Prior to the subject property's occupancy for commercial uses, such access road shall connect to the new access road through Parcels B and D, as those parcels are shown on the attached plat showing the boundary survey of the lands of games S. and Marian G. Vincent and Charles L. Dunn, et al. prepared by Patton, Harris, Rust and Associates dated 3anuary 7, 19~2, for access to Lee Highway. 2. The residence at the time of this rezoning application on the subject property shall remain on the subject property for uses allowed in the CI-L zone. No exterior modification, except for repair or maintenance shall be made to such residence. No exterior addition shall be made to the residence and no other building shall be 1982-44 -3- built on the subject property. Parking for all uses of the residence existing at the time of this rezoning application shall be arranged to the rear of such residence. 3. Access to and from the subject property onto Chain Bridge Road shall be used as designated from time to time by the Director of Public Works. #. 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 subject property as if the same were a part of the regulations provided for the C1-L 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 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 C I-L 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: November 23~ 1982 ATTEST: