20050726 2005-12ORDINANCE NO.2005-12
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM R-2, RESIDENTIAL DISTRICT, TO P-D(p),
PLANNED DEVELOPMENT WITH PROFFERS, "THE PROPERTY" IDENTIFIED AS
CITY OF FAIRFAX TAX MAP PARCEL 57-4-2-148 AND 57-4-2-149.
WHEREAS, LANDMARK PROPERTY DEVELOPMENT, LLC, by JOHN H.
THILLMANN, AGENT, submitted application No. Z-800-04-1 requesting a change in the
zoning classification from R-2 to P-D(p) for the parcel identified above, and more specifically
described as follows:
Beginning at a point on the southerly right-of-way line of Main Street, Route #236; thence
departing said southerly right-of-way of Main Street and running first with Lot 1, Screen
Printing Association International, Deed Book 8653 Page 554, then with Franklin K. Ardinger
1) S08°48'35"W, a distance of 492.26 feet to a point in the aforementioned Ardinger
Property; thence continuing with said Ardinger
2) S87°43'57"W, a distance of 83.70 feet to a point in the easterly right-of-way line of
Orchard Drive; thence departing said Ardinger and running with the easterly
right-of-way line of Orchard Drive the following (2) courses and distances
3) N38°47'56"W, a distance of 261.14 feet to a point;
4) N08°48'35"E, a distance of 332.33 feet to a point in the aforementioned southerly
right-of-way line of Main Street, Route #236; thence departing said easterly
right-of-way line of Orchard Drive and running with said southerly right-of-
way line of Main Street
5) S81°10'56"E, a distance of 275.00 feet to the point of beginning and containing
122,162 square feet or 2.80445 acres, more or less; and
WHEREAS, the City Council has carefully considered the application, the recommendation
of the Planning Commission and staff, and the testimony received at public heating; 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-2, Residential District, to Planned Development 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 JUNE 7, 2005, AND
APPROVED BY CITY COUNCIL ON JULY 26, 2005.
BE IT FURTHER ORDAINED, that the above conditions, application package and general
development plan/preliminary site plan be approved, and that variances and a waiver be
granted from City Code §86-7(1) for a variance to permit a public street to have a surfaced
width of less than 36 feet and to permit the right-of-way width to be less than 50 feet, from
§86-7(3) for a variance to permit a minor street alignment to have a curve radius of less than
175 feet for the new public street, from §86-7(7) for a variance to permit a dead-end street to
be designed with a turnaround having a minimum radius for the vertical curb face of less than
40 feet, from § 110-634(2) for a variance to allow less than a 20-foot-wide front yard open
space area for the existing home, and from § 110-634(5)b for a waiver from the requirement to
provide a minimum of 200 square feet of commercial gross floor area per dwelling unit in the
Planned Development District.
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 hearing: May 9, 2005
City Council hearing: July 12, 2005 and July 26, 2005
Adopted: July 26, 2005
Mayor
'! ~ Date
ATTEST:
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthome
Councilmember Winter
Vote
Aye
Nay
Aye
Aye
Nay
Aye