2007-26
ORDINANCE NO. 2007-26
AN ORDINANCE TO VACATE PORTIONS OF A DEDICATED PUBLIC STREET
:KNOVVN AS ""RIDGE AVENUE" ADJACENT TO TAX lVIAP PARCELS 48-3-((08))-
007, 48-3-((08))-008A, 48-3-((08))-008, AND 48-3-((08))-009
"VVHEREAS, D.R. Horton, Inc., by Lyn..ne Strobel, Attomey-in-fact, submitted application no.
Z-808-06-1 requ.esting a change in the zoning classification from R-2 Residential to RPD (p)-
Residential Planned Development District (~ith proffers), V\1"hich application included the
request to vacate portions of a dedicated public street lcru:>V\Tll as ''''Ridge Avenue";
V\THEREAS, the General DevelopmcT1t Plan for the proposed rezoning depicts vacation of
portions of the Ridge Avenue right-of-VV'"ay specifically described as Iollovvs:
PARCEL 1
BEGINN"~G AT A POINT ~ THE SOUTHVVESTERLY RIGHT-OF-VVAY LINE OF
RIDGE AVENUE, (VARIABLE VVIDTH), SAID PO~T BE~G N 44045'25" VV A
DISTANCE OF 5.19' FROJ'VI THE INTERSECTION OF THE NORTHERLY RIGHT-OF-
VVAY L~E OF OLD LEE HIGHVVAY, (VARIABLE VVIDTH) AND THE SAID
SOUTHVVESTERLY RIGHT-OF-VVAY LINE OF RIDGE AVENUE; SAID POINT BE~G
~ THE EASTERLY LINE OF LOT 7, SECTION TVVO, EAST FAIRFAX P~, SAID
POINT ALSO BE~G THE SOUTHERLY CORNER OF THE PROPERTY HEREIN
DESCRIBED; THENCE VVITH THE SAID NORTHEASTERLY L~E OF LOT 7 AND
CONTINU~G VVITH LOT 8, SECTION TVVO, EAST FAIRFAX PARK, N 44045'25" VV A
DISTANCE OF 118.14' TO A PO~T; THENCE PASSING THROUGH THE SAID RIDGE
AVENUE RIGHT-OF-VVAY THE FOLLOVV~G COURSES AND DISTANCES:
VVITH A CURVE TO THE LEFT, HAV~G A RADIUS OF 197.00', AN ARC
LENGTH OF 20.77' AND THE CHORD BEAR~G AND DISTANCE BEING
N51053'18" E 20.76' TO A PO~T;
VVITH A CURVE TO THE RIGHT, HAV~G A RADIUS OF 28.00', AN ARC
LENGTH OF 37.32' AND THE CHORD BEARING AND DISTANCE BEINGN
87003'19" E 34.62' TO A PO~T;
S54045'25" E A DISTANCE OF 72.70' TO A POINT;
VVITH A CURVE TO THE RIGHT, HAV~G A RADIUS OF 25.00', AN ARC
LENGTH OF 49.79' AND THE CHORD BEARING AND DISTANCE BEING S
02017'56" VV 41.96' TO A PO~T;
S 60006'44" VV A DISTANCE OF 29.32' TO THE PO~T OF BEGINN"ING
AND CONTA~~G 6,192 SQUARE FEET OR 0.1421 ACRE.
PARCEL 2
BEGINN"~G AT A POINT AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-
VV A Y L~E OF RIDGE AVENUE, (VARIABLE VVIDTH), AND THE SOUTHERLY
TERJ'VIINUS OF PARK STREET, (50' VVIDE), SAID PO~T BE~G A NORTHERLY
CORNER OF LOT 9, SECTION TVVO, EAST FAIRFAX P~; THENCE PASS~G
THROUGH THE RIDGE AVENUE RIGHT-OF-VVAY THE FOLLOVV~G COURSES
AND DISTANCES:
N 52059'36" E A DISTANCE OF 7.56'
S 59045'25" E A DISTANCE OF 131.04' TO A POINT;
VVITH A CURVE TO THE RIGHT, HAV~G A RADIUS OF 156.00' AN ARC
LENGTH OF 31.31' AND THE CHORD BEARING AND DIST ANCE BE~G S
54000'25" E 31.26' TO A PO~T;
S 48015'25" E A DISTANCE OF 216.69' TO A PO~T;
VVITH A CURVE TO THE LEFT, HAVING A RADIUS OF 358.00', AN ARC
LENGTH OF 40.62' AND THE CHORD BEARING AND DISTANCE BEING S
51030'25" E 40.60' TO A PO~T;
S 54045'25" E A DISTANCE OF 43.97' TO A POINT;
WITH A CURVE TO THE RIGHT, HA VING A RADIUS OF 34.00', AN ARC
LENGTH OF 59.79' AND THE CHORD BEARING AND DISTANCE BEING S
04022'30" E 52.38' TO A POINT IN THE NORTHEASTERLY LINE OF
PART OF LOT 8, SECTION TWO, EAST FAIRFAX PARK; THENCE WITH THE SAID
NORTHEASTERLY LINE OF PART OF LOT 8, SECTION TWO, EAST FAIRFAX
PARK, N 44045'25" W A DISTANCE OF 148.67' TO A POINT; THENCE N 44043'51" W
A DISTANCE OF 207.41' TO A POINT BEING THE EASTERLY CORNER OF LOT 9,
SECTION TWO, EAST FAIRFAX PARK; THENCE WITH THE NORTHEASTERLY
LINE OF THE SAID LOT 9, SECTION TWO, EAST FAIRFAX PARK, N 59047'09" W A
DISTANCE OF 147.42' TO THE POINT OF BEGINNING AND CONTAINING 7,731
SQUARE FEET OR 0.1775 ACRE.
WHEREAS, on May 21, 2007, the Planning Commission of the City recommended for
approval the request ofD.R. Horton, Inc., to rezone the property known as 3300 Old Lee
Highway, 9601 Ridge Avenue, 9609 Ridge Avenue, and 9619 Ridge Avenue from R-2 to
RPD (P), which request included the vacation of the above-described portions of Ridge
Avenue after the approval of 2-808-06-1 by the City Council;
WHEREAS, on May 22, 2007, the City Council adopted an ordinance approving the request
of D.R. Horton, Inc., to rezone the property known as 3300 Old Lee Highway, 9601 Ridge
Avenue, 9609 Ridge Avenue, and 9619 Ridge Avenue from R-2 to RPD (P), and the City
Council also approved variance applications V-1167-06-1 and V-1167-07-1 for variances in
support of the rezoning;
WHEREAS, upon application ofD.R. Horton, Inc., to vacate the above-described portions of
Ridge Avenue after the approval of 2-808-06-1, this matter was duly advertised for public
hearing before the City Council in the manner and for the time required by Section 15.2-2206
of the Code of Virginia (1950), as amended;
WHEREAS, the City Council has carefully considered the request to vacate the right-of-way
in conjunction with review of the zoning application and this vacation application, the
recommendation of the Planning Commission and staff, and the testimony received at the
public hearing; and
WHEREAS, the City Council has determined that the proposed vacation is proper and in
accordance with the Comprehensive Plan as well as with the pertinent provisions set forth in
the Code of Virginia (1950) and the Code of the City of Fairfax, Virginia.
NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that the City Council, having followed the procedures provided and mandated by
law, hereby vacates the above-described right-of-way effective with approval of the
subdivision of the property as indicated on the general development plan/preliminary site plan
submitted and approved with 2-808-06-1. The Clerk is directed to cause a certified copy of
this Ordinance to be recorded among the land records of Fairfax County, Virginia, upon the
expiration ofthirty days from the adoption hereof, ifno appeal from the adoption hereof has
been filed within such time, or upon the ordinance being upheld on appeal, whichever is later.
This ordinance shall become effective as provided by law.
PLANNING COMMISSION HEARING:
INTRODUCED: November 13, 2007
CITY COUNCIL HEARING: November 27,2007
ADOPTED: November 27,2007
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!/ /m/07
Date
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A;1!d~4'
City Clerk
VOTE:
Councilwoman Cross Nay
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye