19860225 1986-2ORDINANCE NO. 1986-2
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX
BY AMENDING THE ZONING MAP TO RECLASSIFY FROM R-3 (RESIDENTIAL) TO C-1
(COMMERCIAL), WITH PROFFERS PROPERTIES IDENTIFIED AS CITY OF FAIRFAX TAX MAP
57-4((2))138 (part).
WHEREAS, the City of Fairfax, owner of Lot 138 has submitted application
No. Z-689-84-2 requesting a new zoning classification (with proffers) for
properties identified above and specifically described as follows:
BEGINNING at the intersection of the southerly right-of-way line of
Little River Turnpike, Route 236 (variable width) with the easterly
right-of-way line of Locust Street (variable width); thence with
said Locust Street S 06 12' 24" W 373.58' to a point; thence ~hrough
the property of Cit~ of Fairfax, Virginia the fRllowing: N 67 29'
25" W 209.04', N 27v 13' 23" W 135.26' and N 21v 52' 01" E 256.83'
to a point in the southerly right-of-way line of said Little River
Turnpike; thence with said Little River Turnpike the following:
159.51' along the arc of a curve to the left having a radius of
1950.36' and a chord bearing and distance of S 71° 10' 05" E 159.47';
thence S 720 03' 35" E 51.29' to the point of beginning, containing
2.0045 acres.
LESS AND EXCEPT A PORTION OF LOCUST STREET TO BE DEDICATED:
BEGINNING at a point on the westerly right-of-way line of said Locust
Street,. said point being S 06o 12' 24" W 208.07' from the intersection
of said' right-of-way line with the southerly right-of-way line 8f
said Little River Turnpike; thence with said Locust Street S 06 12'
24" W 165.50' to a point; thence through said City of Fairfax,
Virginia property N 67v 29' 25" W 4.04' and N 07v 33' 35" E 164.41'
to the point of beginning, containing 0.0074 acres; and
BEGINNING at a point in the southerly right-of-way line of Little
River Turnpike, Route 236 (variable width); said point being the
northerly corner of the property of Joseph J. M~thy; thence with
said Little River Turnpike the following: S 67 26' 40" E 118.01'
and 47.00' along the arc of a curve to the left having a radius of
1950.36' and chord bearing and distance of S 68° 08' 05" E 47.00'
to a point; thence through t~e property of City of Fairfax,
Virginia the following: S 21 52' Ol" W 256.83' and N 680 07' 59"
W 165.00' to a point in the easterly line of the said Mathy
property; thence with Mathy N 21v 52' 01" E 258.24' to the point
of beginning, containing 0.9746 acres.
WHEREAS, the City Council has carefully considered the application, 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
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 from R-3 (Residential) to C-1 (Commercial) and that Tax Map 57-4((2))
138(Lot l) subject to the following reasonable conditions proffered by the
property owners.
1986-2
Development of the Property and the adjoining Annex property
sites shall be in substantial conformance with the
generalized development plan prepared by Paciulli,
Simmons, & Associates, revised Februaryl~,1986.
2.(a) Uses permitted by right on the property shall be limited
to uses permitted by right in the C1-L zone; and clinics
and schools of special instruction.
(b) Uses permitted by special use permit on the property
shall be limited to those uses permitted by special use
permit in the C1-L zone, except that no school of general
instruction for grades K-12 shall be permitted.
e
The maximum building height shall not exceed 41 feet and the
elevations of structures on the site shall be in
substantial conformance with those shown in Exhibit A dated
February 21, 1986.
e
Additions beyond the perimeter of the existing buildings
shall be limited to porches, porticos and parking structures
except that the owner shall have the right to extend the
perimeter as shown on the generalized development plan
(Note lO) in lieu of adding a third story at the rear of the
existing structure and provided that the total gross square
footage of the building does not exceed 55,000 square feet.
The permanent ingress/egress parking easement shown on the
generalized development plan between the structure and the
Annex will not be used for a period of 10 years from the
date of settlement except that it may be used during the
construction period as a temporary easement for construction
traffic. After the 10-year period, the easement may be used
if it is necessary for the use of the Property and the
adjoining Annex property.
The owners and 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 except as
noted on the Development Plan.
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 possibleJ
This ordinance shall take effect immediately upon its passage by the
City Council of the City of Fairfax, Virginia.
ADOPTED:
February 25, 198§
ATTEST