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20050222 2005-01ORDINANCE NO. 2005-1 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM R-3 RESIDENTIAL AND RM MULTI- FAMILY TO PD(p) PLANNED DEVELOPMENT WITH PROFFERS AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57-1-((2))-119, 120, and 121, 57-1-((20))-1, 2, and 7, 57-3-((2))-5, and 57-3-((3))-3, 4, 5, and 6. WHEREAS, Jaguar Development L.C., by Lynne Strobel, Attorney/Agent, submitted application No. Z-789-01-1requesting a change in the zoning classification from R-3 and RM to PD(p) Planned Development with proffers and Old Town Fairfax Transition Overlay District for the parcels identified above, and more specifically described as follows: Beginning at a point on the southwesterly line of Main Street (Route 236), said point marking the northeasterly comer of Fairfax Nursing Home, Inc.; thence with the southwesterly line of Main Street the following courses: with a curve to the left whose radius is 4449.87 feet and whose chord is S65°40'45"E, 180.66 feet, an arc distance of 180.67 feet; S66°50'33"E, 176.58 feet; S24°31'00"W, 14.51 feet; with a curve to the right whose radius is 17.50 feet and whose chord is S87°52'35"E, 12.56 feet, an arc distance of 12.85 feet; S66°50'33"E, 83.41 feet and with a curve to the right whose radius is 17.50 feet and whose chord is S21°50'41"E, 24.75 feet, an arc distance of 27.49 feet to a point on the westerly line of Judicial Drive; thence with the westerly line of Judicial Drive the following courses: S23°09'11"W, 14.38 feet; with a curve to the left whose radius is 440.00 feet and whose chord is S12°21'34"W, 164.80 feet, an arc distance of 165.78 feet; S01°33'57"W, 101.02 feet; with a curve to the right whose radius is 380.00 feet and whose chord is S13°13'32"W, 153.59 feet, an arc distance of 154.66 feet; S24°53'06"W, 267.96 feet; with a curve to the left whose radius is 602.96 feet and whose chord is S17°05'02"W, 163.69 feet, an arch distance of 164.20 feet and with a curve to the right whose radius is 686.20 feet and whose chord is S09°34'38"W, 7.06 feet, an arc distance of 7.06 feet to a point marking the northeasterly comer of Fairfax County Board of Supervisors; thence with the northerly line of Fairfax County Board of Supervisors and continuing with the northerly line of Joyce Heights the following courses: N88°03'07"W, 118.12 feet; S04°01'56"W, 40.00 feet and N85°58'04"W, 422.68 feet to a point marking the southeasterly comer of Trustees of Presbytery of Washington; thence with the easterly line of Trustees of Presbytery of Washington and continuing with the easterly line of Fairfax Nursing Home, Inc. the following courses: N24°31'00"E, 873.27 feet; N65°25'33'', N105.00 feet and N24°34'27"E, 233.62 feet to the point of beginning, containing 10.93 acres; 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 and RM Multi-family to PD(p) Planned Development with proffers and Old Town Fairfax Transition Overlay District. 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: 1 SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH FEBRUARY 22, 2005 AND APPROVED BY CITY COUNCIL ON FEBRUARY 22, 2005. 3E IT FURTHER ORDAINED, that the above conditions, application package and general development/preliminary site plan be approved, and that a waiver be granted from City Code §110-634(5)(b) to allow development in the PD district without a commercial component, and that variances be granted from City Code §86-7(1 ) to permit reduced right- of-way width for a public street and to permit reduced width for a private accessway, City Code §86-7(7) to permit a dead end private accessway without the minimum turnaround radius and that exceeds the 600-foot maximum permitted length, and City Code §86-7(9) thru (11) to permit blocks that provide single tier lots, to permit blocks that are less than the minimum required length, and to permit arrangement of lots other than at right angles to street lines. 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 )ossible. Fhis ordinance shall be effective as provided by law. Planning Commission hearing: January 10, 2005 City Council hearing: February 22, 2005 Adopted: February 22, 2005 Mayor ATTEST: "( City C~erk~''- - ~. !The motion to adopt the ordinance was approved 4-2. Councilmember Cross Councilman Greenfield Councilmember Lyon Councilman Rasmussen Councilman Silverthorne Councilmember Winter Vote Aye Aye Nay Aye Nay Aye