19880308 1988-5ORDINANCE NO. 1988-5
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, COMMER-
CIAL PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-1((2)) PARCEL A (PORTION)
AND PARCEL B-1 (PORTION).
WHEREAS, William E. Daniels, Trustee, submitted Application No. Z-726-88-2
requesting a new zoning classification for the property identified above; and
specifically described as follows:
Beginning at a point in the east line of Westmore, Section One, said
point lying N 24 10' 21" E, 50.14 feet from the southwest corner of
Parcel A, William E. Daniels, Trustee, and the northwest corner of
Parcel B-l, Autunln l~oods; thence departing the east line of Westmore,
Section One, and running thru Parcel A, William E. Daniels, Trustee,
S 61 36' 55" E, 623.33 feet to a point in the west line of a twenty
foot outlet road; thence with the west line of a twenty foot outlet
road, S 24 41' 23" W, (passing over the southeast corner of Parcel A,
William E. Daniels, Trustee, and the northeast corner of Parcel B-l,
Autumn Woods, at 50.10 feet) 99.21 feet to a point; thence departing
the west line of a twenty foot outlet road and running thru Parcel
B-l, Autumn Woods, the following courses and distances, N 61 36' 55"
W, 315.63 feet to a point; thence S 28 23' 05" W, 18.00 feet to a
point; thence N 61 36' 55" W 68.78 feet to a point; thence N 74 25'
15" W, 239.22 feet to a point in the east line of Westmore, Section
One, N 24 10' 21" E, 170.48 feet to the point of beginning and con-
taining 73,519 square feet or 1.6878 acres more or less.
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 property be
rezoned from R-3, Residential to C-l, Commercial subject to the following
reasonable conditions proferred by the property owners:
The Project will be developed in accordance with the Development
Plan prepared by Walter L. Phillips, Inc., dated January 12, 1988.
The Parcels shall be limited in use to surface parking facilities to
serve existing buildings on Parcel A.
o
The applicants, upon rezoning of the parcels to the C-1 category,
will deed the remainder of Parcel B-1 that is not used for parking
to the City of Fairfax for open green space. The said area is
further delineated on the said Development Plan. Additionally, the
applicants/owners will clear and clean the stream bed as noted on
the Development Plan prior to conveyance to the City.
e
All lighting shall be directed away from all residential areas and
towards the existing commercial buildings.
e
The applicants/owners and/or their successors agree that once all
existing leases are terminated there will be no assigned parking
spaces in the building located at 10777 Main Street.
William E. Daniels, Trustee, and Ten Triple Seven Partnership will
provide landscaping in accordance with Fairfax City Code requirements
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1988-5 -2
as specified in the standards for screening section, and shall pro-
vide additional landscaping to the rear of the parking to be con-
structed.
William E. Daniels, Trustee, and Ten Triple Seven Partnership will
minimize the number of trees removed for purposes of constructing
the parking. All existing vegetation on site will be retained to
the maximum extent possible.
William E. Daniels, Trustee, and Ten Triple Seven Partnership will
continue to locate the refuse dumpster in its existing location on
the middle portion of the site, and will indicate such on the
January 12, 1988, Development Plan for Kelly Square submitted with
the proffers, but in no event shall the refuse dumpster be located
on the western portion of the site.
The applicants/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 provision of these proffers.
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 immediately upon its passage by the City
Council of the City of Fairfax, Virginia.
Planning Commission Hearing: February 8, 1988
Adopted by City Council: March 8, 1988
ATTEST:
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