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19851112 1985-31ORDINANCE NO. 1985-31 AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX BY AMENDING THE ZONING MAP TO REZONE FROYl C-1 (COMMERCIAL), R-2 (RESIDENTIAL) AND R-3 (RESIDENTIAL) TO C-P-D AT 10660, 10670, AND 106§0 MAIN STREET AND 10611 AND 10615 MOORE STREET AND MORE PARTICULARLY DESCRIBED AS TAX MAP 57-1-((19))-A #, 5, 6, 7, 10 AND 11. WHEREAS, Mainland Enterprises has submitted application No. Z-693-85-1 requesting a rezoning from C-I, R-2 and R-3 to C-P-D with proffers for six parcels of land consisting of 2.813 acres located at 10660, 10670, and 10680 Main Street and 10611 and 10615 Moore Street; and WHEREAS, the City Council has carefully considered the application, the recommendaton of the Planning Commission and staff, and the testimony received at pubic hearing; and WHEREAS, the City Council has determined that the proposed rezoning is proper and in accordance with the pertinent considerations set forth in the Codes of Virginia and of the City of Fairfax; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Fairfax on this the 17th day of December, 1985, that application Z-693-85-1, together with the proffers submitted by the City of Fairfax, be and hereby is approved for the afore- said land specifically described as follows~ Beginning at the southeasterly corner of the tract herein described, said point being on the northerly variable width right-of-way line of Main Street, Route 236 and a corner to Parcel "B", Railroad Square; thence departing said Parcel "B", Railroad Square and running with said right-of- way line N 64° 59' 08" W 119.85 feet to a point; thence departing said variable width right-of-way line of Main Street, Route 236 and running through Lot 5 and Lot 10, Moore and Oliver Subdivision N 25° 07' 19" E 387.19 feet to a point, said point being on the southerly variable width right-of-way line of Moore Street; thence running with said right-of-way line S 6~° 55' 02" E 121.18 feet to a point, said point being a corner to Lot 12, Moore and Oliver Subdivision; thence departing said southerly variable width right-of-way line of Moore Street and running with said Lot 12 and the same line extending with aforementioned Parcel "B", Railroad Square S 25° 19' 06" W 387.05 feet to the point of beginning and containing 1.07101 acres more or less. Subject, however, to all easements, rights-of-way and restrictions of record. This description has been prepared without the benefit of a title report and does not, therefore, necessarily indicate all encumbrances on the property. BE IT FURTHER ORDAINED that the above described property be and hereby is, rezoned from the C-l, R-2 and R-3 to C-P-D zoning district, subject to the fol- lowing reasonable conditions proffered by the applicant and property owners; 1. Both the office building and the parking facility will be faced in similar brick facades. 2. Existing trees adjacent to Keith Avenue shall be preserved, or replaced, as far as practical, considering the locating of the office building on the site. 3. The applicant will dedicate 10' along the frontage of Moore Street, as shown on the general Development and Preliminary Site Plan, prepared by Innova Architecture, dated 4. The applicant will dedicate 10' along the frontage of Keith Avenue, as shown on the General Development and Preliminary Site plan, prepared by Innova Architecture, dated 1985-31 -2- 5. The applicant will construct street improvements along Moore Street in- cluding curb, gutter, and q' wide sidewalks, as shown on the General Develop- ment and Preliminary Site Plan, prepared by Innova Architecture, dated 12/#/85, at such time as requested by the City. Sufficient funds to cover the cost of such improvements shall be escrowed with the City, or other arrangements satis- factory to the City shall be made to cover such cost. 6. The applicant will coordinate the construction of the two single family houses to be architecturally compatible and harmonious with the Dandridge House and surrounding neighborhood. 7. The applicant will pay up to the sum of $15,000.00 towards traffic flow improvements along Route 236 in front of the subject property. 8. The applicant/owner and/or their successors agree not to apply to the Board of Zoning Appeals or other public authorities for waivers or variances from the provisions of these proffers. These regulatons shall apply to the subject property as if the same were a part of the regulations provided .for the C-P-D zoning district and any person violating such conditions shall be punished as provided in Section 26-7 of the Zoning Ordinance. BE IT FURTHER ORDAINED that the required General Development and Preliminary Site Plan proposed for the subject property, prepared by Innova Archi- tecture Ltd., dated December ~, 1985, hereby is approved and that any developments on the subject property shall be in accordance with said plan, with only such minor deviations which are permitted under Fairfax City Code Section 26-1#3(f). Excepting that the labeling of all three buildings on Moore Street include the words "single family residences" and further excepting that the size of the commercial building be reduced so as to make commercial gross area therefore approximately 60,000 square feet and further excepting that landscaping shall be finalized upon submission of the applicants final site plan subsequent to its meeting with the BAR. BE IT STILL FURTHER ORDAINED that the Zoning Admnistrator of the City is directed to modify the Zoning Map to show the change in the zoning of these premises, including the existence of the conditions, and that the clerk of the council is directed to transmit duly certified copies of this ordinance to the applicant, Zon- ing Administrator, Planning Commission, and Real Esate Assessor of this City as soon as possible. This ordinance shall take effect immediately upon its passage by the City Council for the City of Fairfax, Virginia. Adopted: December 17, 1985 ATTEST: dlty (/lerk