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19860128 1986-60~:)~ NO. 1986-6 AN ORDINANCE TO AME~D AND REORDAIN THE ZfX~I%~G ORDINANCE OF THE CITY OF FAIRFAX BY AMENDI~G ~E ZONING MAP TO RECLASSIFY FRCM C-1 (CC~TS~qCIAL) AND R-3 (RESIDenTIAL) TO C-2 (COMMENCIAL), WITH PRDFFERS, PROPERTY ID~X~TIFIED AS CITY OF FAIRFAX TAX MAP 57-4-002, 29 AND 30. WHEREAS, Tassos G. Triarhos, owner of Lot 29, Oliver Dibble, owner of Lot 30 and Tassos G. Triarhos, contract owner of Lot 30, have submitted appli- cation No. Z-702-85-1 requesting a new zoning classification (with proffers) for property identified above; and specifically described as follows: Beginning at a point on the westerly side of Chain Bridge Road (Route # 123) with the intersection of the southerly side of dR?._~."cial Drive; thence frcm the point of beginninq and running w~th westerly side of said Chain Bridge Road S 32° 33' W 180.54 feet to an iron pipe found; t~ence departing said Chain Bridge Road and running with the dividing line between Fairfax Joint Venture (now or formerly) and the land hereindescribed N 630 22' W 164.82 feet to an iron pipe found in the easterly line of Musolino (now or formerly); thence running with dividing line between said N 34© 57' 20"E 181.52 feet to a point in the southerly line of the aforementioned Judicial Drive; thence running with southerly line of said Judicial Drive S 63© 21' 20" E 157.17 feet to the point and place of beginning, containing 28,915 square feet of land, more or less, and being in accordance with a plat hereto attached and being made a part hereof. R~{EREAS, the City Council has carefully cc~sidered the application, the r~dation of the Planning Cc~mission and staff, and the testimony received at public 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 that the above described properties be rezoned as follc~s: Lot 29 frcm C-1 to C-2 (Cc~ercial) and Lot 30 frcm R-3 to C-2 (Cc~uercial) subject to the following reasonable conditions proffered by the property owners. 1. Applicant shall convey in fee simple to the City of Fairfax or such other public entity as the City may designate (and at no cost to the City), 10' of the Dibble property (parcel 57-4-002-30) along its entire frontage with Judicial Drive and 9' along its frontage with Chain Bridge Road for con- struction of improvements to Chain Bridge Road and Judicial Drive in accor- dance with the plan and profile prepared ~f Greenhorne & O'Mara, Inc. dated Feb. 13, 1985 (and subsequently amended to reduce the required conveyance along Chain Bridge Road to 9') and for such other and further improvements as the City Council in its sole discretion may deem necessary; provided, however, that this proffer shall be contingent upon the City Council granting the spe- cial exceptions necessary to develop the subject properties in accordance with Development Plan A dated October 1985 and submitted with the subject rezoning application. 1986 -6 -2- 2. Applicant or its successor in title to the Shaner property (tax map ref. 57-4-002-29) shall convey in fee simple to the City of Fairfax (or such other public entity as the City may designate (and at no cost to the City), 9' of the Shaner property along its frontage with Chain Bridge Road. Appli- cant shall construct such improvements as my be required by the City of Fairfax or VDH&T (in accordance with usual and normal VDH&T standards) in the 9' conveyed to the City of Fairfax. Said improvements shall be constructed at the time of development of the Shaner property in accordance with a site plan approved by the City of Fairfax; provided, however, that this proffer shall be contingent upon the City Council granting the special exceptions necessary to develop the subject properties in acco.r.d.~.ce with Development Plan A dated October 1985 and submitted with the subject rezoning application. 3. Development of the property shall take place in accordance with Generalized Development Plan A prepared by Hunsberger & Monaco dated October 1985 and submitted with the rezoning application; provided, .however, that in the event that the BZA does not grant the variance required to permit develop- ment in accordance with the plan, the plan be rodified as necessary to c~tply with the applicable zoning ordinances. 4. Parking and landscaping of the parking lot shall be constructed in accordance with Generalized Development Plan A submitted with the subject application. Applicant shall apply for the special exception required under the City parking ordinance in time to permit hearing of said Special Exception simultaneously with this rezoning application. Applicant shall apply for any required variances within 30 days frc~ the date of rezoning of the subject property to the C-2 category. 5. Lighting fixtures of a design compatible with the building not exceed- ing 15' in height shall be provided for lighting of the parking lot. Said fixtures sb~ll be directed inward so as to minimize any effect on adjacent properties. 6. Except as otherwise provided herein and shown on Generalized Develop- ment Plan A, Applicant agrees not to apply to the Board of Zoning Appeals for any variance frcm these proffers or frcm the zoning ordinance in effect at the time of the rezoning of the subject property. These Proffers shall replace and supercede all proffers previously sukxmitted in connection with P~zoning Application Z-702-85-1. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes 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 Planning Commission of this City as soon as possible. This ordinance shall take effect ~ately upon its passage by the City Council of the City of Fairfax, Virginia. Adopted: January 28, 1986 Attest: