19850326 1985-8ORDINANCE NO. 1985-8
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE CITY OF FAIRFAX BY AMENDING THE ZONING MAP TO
REZONE FROM R-3 (RESIDENTIAL) TO C1-L (COMMERCIAL LIMITED
OFFICE) WITH PROFFERS, PROPERTY IDENTIFIED AS CITY OF
FAIRFAX TAX MAP 57-3-((2))-8A, AND TO REZONE FROM C1-L WITH
EXISTING PROFFERS TO CI-L WITH AMENDED PROFFERS, PROPERTY
IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-3-((2))-10.
WHEREAS, Mark-Clark Bates has submitted application No. Z-690-
85-1 requesting a new zoning classification and has submitted a general
development plan and proffers; and
WHEREAS, the City Council has carefully considered the
recommendation of the Planning Commission and staff and the testimony
received at public hearing; and
WHEREAS, the City Council has determined that the proposed
rezoning is consistent with the future land use plan and will not adversely
affect the character of the area;
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City
of Fairfax on this the twenty-sixth day of March, 1985 that the application,
together with the proffers and general development plan, be and it hereby
is granted for the aforesaid land specifically described as follows:
Parcel 8A:
Beginning on the South side of Jones Street a corner of Friedlander
Tr. and the Estate of Hunter R. Cupp, thence with the South side of Jones
Street S. 66° 51' 00" E. 220.01' to a pipe a corner of James Alfred and
Carol K. MacNeil thence departing from /Jones Street and running with
MacNeil S. 23° 09' 00" W.' 188.73' to a Ope in the line of Ardmore
Subdivision, thence with said Subdivision N. 63'~ 19' 00" W. 163 93' to a pipe
a corner of Friedlander Tr., thence with Friedlander Tr., N. 05° 02' 50" E.
187.9~' to the beginning containing 35,280 Sq. Ft.
Parcel 10:
Beginning at an axle found on the southerly side of Jones Street (30)
feet wide) and being the northerly most corner of Trapin and running
thence with the westerly line of Trapin
S 21° 33' b0" W 212.16 feet to a point being N 63° 18' 35" W 1.15
feet from a drill hole found, thence with part of the rear line of Ardmore
Subdivision
N 63° 18' 35" W 215.57 feet (passing over a pipe found at 132.61
feet) to an iron pipe found, thence with the easterly line of Cupp
N 23° 09' 37" E 198.73 feet to an iron pipe to be set being S 06° 35'
3g" E 0.2g feet from a bent iron pipe found, thence with southerly side of
Jones Street
S 66° 51' 32" E 209.2t~ feet to the place of beginning containing
~3,567 square feet or 1.0002 acres of land and being more particularly
described by the attached plat.
BE IT FURTHER ORDAINED that the above described properties be
and hereby are, rezoned from the R-3 to the CI-L zoning district, subject
to the following reasonable conditions proffered by the applicant and
property owners:
1985-8 -2
Development of the site shall be in substantial conformance
with the General Development Plan prepared by Darcy Diniz,
Architect, dated 1-17-85, except that, in the event the Board
of Zoning Appeals does not grant a variance to permit
screening from adiacent residential properties to be as shown
on the plan, such screening will conform to the requirements
of the Zoning Ordinance of the City of Fairfax or to such
standards as the Board of Zoning Appeals may authorize by
variance.
2. Each office building shall have an exterior brick facade.
All uses shall be restricted to those permitted by right in the
C1-L District. (Limited Office District).
Applicant or assigns shall establish a condominium association
or other appropriate entity which will be responsible for the
maintenance of all common areas, including the landscaping
delineated on the General Development Plan.
Parking lot lighting fixtures shall be no greater than fifteen
feet in height, with light directed downward and inward to the
site.
The owners 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 conditions shall apply to the subject properties as if the same were a
part of the regulations provided for the CI-L zoning district and any person
violating such conditions shall be punished as provided in Section 26-7 of
the Zoning Ordinance.
BE IT STILL FURTHER ORDAINED that the Zoning Administrator
of the City is directed to modify the Zoning Map to show the chan,~e in the
zoning of these premises, including the existence of the conditions, and
that the Clerk of this Council is directed to transmit duly certified copies
of this ordinance to the applicant, Zoning Administrator, and to the
Plaming Commission 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 this twenty-sixth day of March, 1985.
ATTEST: