19821109 1982-40 ORDINANCE NO. 19.82-40
AN ORDINANCE TO REZONE FROM R-T AND C-1 TO C-1 WITH PROFFERS, IN
ADDITION TO THE REGULATIONS PROVIDED FOR THE C-I DISTRICT, PARCEL
2A AND PART OF PARCEL 2C, CONTAINING 69,873 SQUARE FEET OF LAND
ON PREMISES KNOWN AS 4085 UNIVERSITY DRIVE AND 4087 UNIVERSITY DRIVE
AND MORE PARTICULARLY DESCRIBED ON CITY OF FAIRFAX TAX MAP AS
57-4-((2))-42B AND PART OF 57-4-((2))-42 AND TO ACCORDINGLY
CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE
OF THE CITY OF FAIRFAX, VIRGINIA
(Application No. Z-661-82-3)
WHEREAS, Richard W. and Henry A. Long, Trustees, have heretofore filed with
this Council a written application to have rezone from R-T and C-I to C-I with proffers,
Parcel 2A and part of Parcel 2C, containing 69,873 square feet of land on premises
known as 4085 University Drive and more specifically described as follows:
Beginning at a point on the easterly right-of-way line of University Drive, g0 feet wide,
said point being 578.32 feet in a northerly direction from the point of curvature of
Armstrong Street; thence, with the easterly right-of-way line of University Drive the
following courses and distances:
along the arc of a curve to the left 1540.00 feet in radius, an arc distance of
46.79 feet, the chord of said arc running N 11°18,01,, E, 46.78 feet to a point;
along the arc of a curve to the right 1460.00 feet in radius, an arc distance
of 146.06 feet, the chord of said arc running N 13°17~43'' E, 146.00 feet to a
point; N 15°45~11. E, 23.50 feet to a point at the southwesterly property
corner of the now or formerly Fairfax Volunteer Fire Department Inc.
property; thence, S 71o46,24" E, 326.64 feet with the southerly property line
of the now or formerly Fairfax Volunteer Fire Department Inc. property and
the northerly property line of Parcel 2A, Courthouse Square, to a point on a
westerly property line of Parcel 2C, Section 2, Courthouse Square; thence,
with Parcel 2C, Section 2, Courthouse Square and continuing through Parcel
2C, Section 2, Courthouse Square the following courses and distances:
S 15°18'29'' W, 215.66 feet to a point;
N 71o46'24'' W, 318.41 feet to the point of beginning and containing 1.6041
acres 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 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 15.1-493 of the Code of Virginia of 1950, as amended; and,
WHEREAS, as a part of such written application, Richard W. and Henry A. Long
have proffered certain conditions in addition to the regulations provided in the C-I
zoning district relative to the rezoning of the aforementioned premises, in accordance
1982-40 -2-
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
~VHEREAS, 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 application and the
said conditions as proffered by the manager and has reached its decision on said appli-
cation and the said conditions as proffered by the trustee to the requirements of the C-I
zoning district relative to the aforementioned premises; and
ll/HEREAS, the City Council after due consideration, has determined the condi-
tion proffered by the manager in addition to the requirements of the C-I zoning district
relative to the aforementioned premises to be reasonable, proper and in the best in-
terest of the public necessity, convenience, general welfare, and good zoning practice;
NO~V, 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 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-T and C-I to the C-]
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 zoning district, and further
subject to the following reasonable conditions proffered by the manager in addition to
the requirements of the C-I zoning district:
1. That parcel known as "part of Parcel 2-C, Section 2, Courthouse Square" (as
shown on that plat titled, Building Location and Boundary Survey of the B.P.M.& W.
Company Property, dated May l#, 1981, prepared by Bartlett & Chavez, Inc., P.C.,
Exhibit 1) (Hereinafter "Parcel known as Part of Parcel 2-C") will be used only for
automobile parking, ingress, egress and screening (as shown on the Preliminary
Development Plan, Exhibit #3). No building will be placed on it.
2. That parcel known as Part of Parcel 2-C will be developed as a surface parking
lot and both parcels will be so developed that there will be only one access to
University Drive which driveway will be used in common with 4085 University
Drive.
3. Parking lot illumination, if any, will be of low intensity and so directed as not
to cause any direct glare on nearby residential properties.
4. A six-foot high double face wooden screening fence and landscaped buffer area
will be installed: (1) on the south property line of the property sought to be rezoned
and (2) on the east property line of the property sought to be rezoned. Screening
and fencing will be in accordance with the Zoning Ordinance and applicants' exhibit
titled "Screening and Fence Detail" dated May 14, 1981, prepared by Ward and Hall
Associates, AIA, (Exhibit #2).
1982-40
-3-
5. Future development of the property to be rezoned will be in general accor-
dance with the architectural conceptual plan entitled "Preliminary Development
Plan" (Exhibit #3) and the conceptual architectural rendering entitled "Perspective
Drawing" (Exhibit ##), both dated May 14, 1981, prepared by Ward and Hall Asso-
ciates, AIA, subject to architectural and engineering modifications required by
final designs and City review or other applicable ordinance or regulation require-
ments. Gross floor area shall not exceed 35,000 square feet and height shall not
exceed 50 feet for both buildings.
6. As a part of the development of the entire site, the owners and applicants will
take those steps necessary to combine the two parcels that are the subject of this
rezoning into one lot (i.e. a part of Parcel 2-C and Parcel 2-A (also 2-C-2) through
the filing and approval of appropriate subdivision documents (see Exhibit #5), and
agree that a building permit for the contemplated improvements shall not be issued
until said subdivision approval is obtained. Further, the development of the parking
use pursuant to proffered conditions numbers I and 2 shall develop simultaneously
with the development of the building pursuant to proffered condition number 5.
7. Applicants agree that they and their successors will not to appeal to the Board
of Zoning Appeals or other public authorities for waivers or variances from these
proffered conditions.
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 C-I 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 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 9~ 1992
ATTEST:
(,~ity (Ilerk