20030311 2003-7ORDINANCE NO. 2003-7
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-3, RESIDENTIAL TO C-2(p), RETAIL
COMMERCIAL WITH PROFFERS, "THE PROPERTY" IDENTIFIED AS CITY OF
FAIRFAX TAX MAP PARCEL 58-3-((2))-PART OF PARCEL G.
WHEREAS, Main Street Center, LLC, by Joan Smith, Manager/Agent, submitted
application No. Z-793-01-1 requesting a change in the zoning classification from R-3 to C-
2(p) for the parcel identified above, and more specifically described as follows:
Being part of Lot G Fairview Shopping Center Deed Book 2558 at Page 196
and also being part of the property of Total Crafts Plaza, LLC as recorded in
Deed Book 10728 at Page 1192 both among the Land Records of Fairfax
County, Virginia and being more particularly described as follows:
Beginning at a point said point being the Southwesterly comer
of Fairfax Square Limited Partnership Deed Book 7975 at Page
512 said point also lying on the Easterly line of Lot 105 of
Fairview Section 8 Deed Book 1169 at Page 96, thence running
with the Southerly line of said Fairfax Square L.P..
1.) South 73042'50'' East 120.00 feet to a point, said being the
Northwest comer of Belleau Wood Inc. Deed Book 5532 at
Page 1448, thence running with a portion of the Westerly line of
said Belleau Wood Inc.
2) South 16°17'10" West 168.33 feet to a point, thence leaving
said Westerly line and running in, through, over and across Lot
G of Fairview Shopping Center Deed Book 2558 at Page 196
3.) North 73°42'50'' West 120.00 feet to a point, said point
being the Southerly most comer of Lot 104 of the
aforementioned Fairview Section 8, thence running with the
Easterly line of Lot 104 and continuing the same with Lot 105
4.) North 16°17'10" East 168.33 feet to the point of beginning
containing 20,200 square feet or 0.46372 acres of land; and
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 R-3, Residential, to C-2(p), Retail Commercial with proffers.
BE IT FURTHER ORDAINED, that the above described property be subject to the
following reasonable conditions authorized by City Code Section 110-7, which are proffered
by the property owners:
SEE THE ATTACHED PROFFERED CONDITIONS DATED, MARCH 11,
2003 AND APPROVED BY CITY COUNCIL ON MARCH 11, 2003.
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 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.
Planning Commission heating: January 13, 2003
City Council hearing: March 11, 2003
Adopted: March 11, 2003
Mayor
Date
ATTEST:
The vote on the motion to adopt the ordinance was recorded as follows:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilwoman Winter
Vote
Aye
Aye
Aye
Aye
Aye
Aye
MAIN STREET CENTER, LLC
(Formerly Total Crafts Plaza, LLC)
PROFFERED CONDITIONS
ZONING MAP AMENDMENT
March 11, 2003
Pursuant to Section 15.5-2303(a) of the 1950 Code of Virginia, as
amended, and Section 110-7(b) of the Zoning Ordinance of the City of Fairfax,
Virginia, Main Street Center, LLC (the "Owner/Applicant"), and each of its
successors and assigns agree that any development of the Property that is the
subject of an application for Zoning Map Amendment Z-793-01-1 filed by the
Owner/Applicant, dated July 30, 2001, and shown on Tax Map 58-3-02, Part
of Parcel G (portion currently zoned R-3) (the "Property"), will be in
accordance with the following Proffered Conditions if the Zoning Map
Amendment is granted and the Property is rezoned to C-2. The
Applicant/Owner proffers the following conditions:
General Development Plan/Preliminary Site Plan. No permanent
structure other than screening fences will be constructed on the
Property.
o
The Property will be used for employee parking, vehicle turnaround
and accessory uses incidental to the principal structure (Main Street
Shopping Center).
Owner/Applicant will install an eight-foot tall board-on-board privacy
fence along the West boundary of the Property immediately adjacent to
the existing chain link fence where it abuts Lots 104 and 105 in the
Fairview Subdivision.
o
Owner/Applicant will remove the existing wire fence on the North and
East sides of the Property and will install supplemental low
maintenance plantings such as barberry to fill in gaps in the existing
vegetation to ensure a continuous vegetative screen subject to the
recommendations of the Zoning Administrator and review and
approval by the Board of Architectural Review.
o
Owner/Applicant will install "Unauthorized Vehicles Will Be Towed"
signage on the Property.
o
o
o
Owner/Applicant will ensure that trash and debris will be properly and
frequently removed from the Property.
Owner/Applicant will ensure the Property will be regularly monitored
and the police will be notified of unauthorized use of the Property.
Owner/Applicant will complete the requirements of Proffers 3, 4, and 5
within 60 days from the date of the rezoning.
TITLE OWNER OF TAX MAP 58-3-02
Part of Parcel G (portion currently zoned R-3)
MAIN STREET CENTER, LLC
By: ~_, Inc~anajger
BY: ,,/r,/.~//~/~~ '"
Jy.-Smi~n, Vi~e President