19990209 1999-3ORDiNANCE NO. 1999-3
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM C 1-L (LIMITED OFFICE) TO C-I(P) (OFFICE
COMMERCIAL, WITH PROFFERS), "THE PROPERTY" IDENTIFIED AS CITY OF
FAIRFAX TAX MAP PARCEL 57-4-((02))-33.
WHEREAS, J.D.L.L.C., by Berl M. Erlich, Chairman (contract purchaser),
submitted application No. Z-781-98-1 requesting a change in the zoning classification from
C 1-L to C-1 (p) for the parcel identified above, and more specifically described as follows:
Beginning at a point in the southerly right-of-way of Judicial Drive, width varies,
said point being the northwesterly comer of now or formerly Musolino.
Thence departing the southerly right-of-way of Judicial Drive and with the
westerly line of now or formerly Musolino S28°14'41"W 265.47 feet to a point in
the northerly line of now or formerly Chancery Square, said point being the
southwesterly comer of now or formerly Musolino.
Thence with the northerly line of now or formerly Chancery Square N66°38'21"W
151.23 feet to a point, said point being the southeasterly comer of now or formerly
Duvall.
Thence departing the northerly line of now or formerly Chancery Square and with
the easterly line of now or formerly Duvall N20°34'40"E 255.76 feet to a point in
the aforementioned southerly right-of-way of Judicial Drive, said point being the
northeasterly comer of now or formerly Duvall.
Thence with the southerly right-of-way of Judicial Drive S69°25'20"E 186.47 feet to
the point of beginning and containing 1.0066 acres of land.
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 Comprehensive Plan as well as with the pertinent provisions set
forth in the Code of Virginia and the Code of the City of Fairfax Virginia;
NOW, THEREFORE BE IT ORDAINED, that the above described property be
rezoned from C1-L (Limited Office) to C-l(p) (Office Commercial, with proffers) subject to
the following reasonable conditions authorized by City Code Section 26-6, which are
proffered by the applicant:
I
1999-3 -2
o
10.
11.
The exterior of the office building shall be predominantly brick, subject to
BAR review and approval.
All uses shall be restricted to those permitted in the C 1-L district.
The height of the parking lot light fixtures shall not exceed twelve feet
(12') with light directed downward and inward and not to spill over onto
adjoining properties.
Prior to issuance of any occupancy permit, the applicant shall dedicate to
the City of Fairfax a ten foot (10') wide strip across the full frontage of
Judicial Drive and shall construct to City standards curb, gutter,
sidewalk, and road widening, subject to review and approval by the
Director of Public Works.
The height of the building shall not exceed forty-eight feet (48').
Prior to issuance of any occupancy permit, the applicant shall install a
security gate in the driveway approximately twenty-five feet (25') back
from the new property line.
The owners, contract owners and/or their successors agree not to apply to
any public authority for waivers or variances from the provisions of these
proffers except as provided for by law.
At the time of site plan approval, the applicant shall dedicate to the City of
Fairfax a 15'-wide sanitary sewer easement, as depicted on the special
exception plat, in the driveway and travel lane from Judicial Drive south
to five feet before the rear property line, and then turning east to the
property line contiguous with the Musolino property.
Development of the subject site shall be done in accordance with the
special exception plat prepared by Huntley, Nyce & Associates, Ltd.,
dated September 24, 1998 and revised through January 21, 1999,
subject to concurrent approval of the five special exception requests.
The architecture of the proposed office building shall be done in
substantial accordance with the schematic drawings prepared by Gauthier,
Alvarado & Associates, Inc. and dated September 11, 1998.
Landscaping of the site shall be done in substantial accordance with the
landscape plan prepared by J. Buckley & Associates, Inc., dated October
28, 1998 and revised through January 22, 1999.
BE IT FURTHER ORDAINED, that the above conditions, application package, and
rezoning plat be approved.
The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show
the changes in the zoning of this premises, including the existence of the conditions, and the
Clerk of the 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 be effective as provided by law.
1999 -3 -3
Planning Commission public hearing: January 25, 1999
City Council public hearing: February 9, 1999
Adopted: February 9, 1999
Mayor
Date
ATTEST:
city ~l~rk
The motion to adopt the ordinance was approved unanimously.
Councilman Coughlan
Councilman Greenfield
Councilman Lederer
Councilman Petersen
Councilman Rasmussen
Councilman Silverthorne
Vote
Aye
Aye
Aye
Aye
Aye
Aye