2020-01ORDINANCE NO.2020-01
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM IH — INDUSTRIAL HEAVY AND CR —
COMMERCIAL RETAIL TO CR — COMMERCIAL RETAIL WITH THE
ARCHITECTURAL CONTROL OVERLAY DISTRICT TO REMAIN, WITH
PROFFERS; ON THE LAND KNOWN AS 9700 FAIRFAX BOULEVARD AND
MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 48-3-09-056.
WHEREAS, Robert D. Brant, Attorney Agent for 9700 Fairfax Blvd. LLC submitted
application No. Z-19-00296 requesting a change in the zoning classification from IH —
Industrial Heavy and CR Commercial Retail to CR — Commercial Retail for the parcel
identified above, and more specifically described as
ALL THAT CERTAIN LAND SITUATE IN THE CITY OF FAIRFAX,
VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOTS FIFTY-SIX (56), FIFTY-SEVEN (57), FIFTY-EIGHT (58), FIFTY-
NINE (59) AND SIXTY (60), OF THE SUBDIVISION KNOWN AS EAST
FAIRFAX PARK, AS THE SAME APPEARS DULY DEDICATED,
PLATTED AND RECORDED IN DEED BOOK F-13, PAGE 543, PLAT
BOOK 3, PAGE 39, AMONG THE LAND RECORDS OF FAIRFAX
COUNTY, VIRGINIA.
LESS AND EXCEPT THAT PORTION OF SAID LOTS, FIFTY-SEVEN
(57), FIFTY-EIGHT (58), FIFTY-NINE (59) AND SIXTY (60), CONVEYED
TO THE COMMONWEALTH OF VIRGINIA FOR HIGHWAY PURPOSES,
BY DEED DATED DECEMBER 28, 1939 AND RECORDED JUNE 7, 1940,
IN DEED BOOK B-14, PAGE 368, AMONG SAID LAND RECORDS;
LESS AND EXCEPT THAT CERTAIN PARCEL CONVEYED TO THE
CITY OF FAIRFAX, VIRGINIA, FOR PUBLIC STREET PURPOSES BY
DEED DATED MAY 8, 1967 AND RECORDED JULY 2I, 1967 IN DEED
BOOK 2918, PAGE 156, AMONG THE SAID LAND RECORDS.
ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF LEE HIGHWAY, U.S. ROUTES 29 AND 50, POINT OF BEGINNING
BEING A CORNER COMMON TO THE PROPERTY OF ROSS AND
NORMA L. KEITH; THENCE RUNNING WITH THE LINE COMMON TO
KEITH, AND CONTINUING WITH THE LINE COMMON TO LOTS 14,13
AND 12, SECTION ONE, BEECH PARK, N 09 DEGREES 58' 00" E 306.53
FEET TO A CORNER COMMON TO LOT 55, EAST FAIRFAX PARK;
THENCE RUNNING WITH THE LINE COMMON TO LOT 55, EAST
FAIRFAX PARK, S 80 DEGREES 15' 00": E., 275.33 FEET TO A CORNER
COMMON TO LOT 55, EAST FAIRFAX PARK ON THE WESTERLY
RIGHT-OF-WAY LINE OF SPRING STREET, 50 FOOT RIGHT-OF-WAY;
THENCE RUNNING WITH THE WESTERLY RIGHT-OF-WAY LINE OF
SPRING STREET THE FOLLOWING: S 09 DEGREES 45' 00" W. 63.48
FEET TO A POINT AND S 02 DEGREES 15' 00" E. 145.26 FEET TO A
POINT; THENCE RUNNING S 42 DEGREES 45' 00" W 49.50 FEET TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LEE
HIGHWAY; THENCE RUNNING WITH THE NORTHERLY RIGHT-OF-
WAY LINE OF LEE HIGHWAY S 87 DEGREES 45' 00" W 285.99 FEET
TO THE POINT OF BEGINNING, CONTAINING 79,292 SQUARE FEET
OR 1.8203 ACRES OF LAND.
AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS, THE CURRENT SURVEY AND BEING REFERENCES TO
THE VIRGINIA COORDINATE SYSTEM OF 1983:
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF LEE HIGHWAY, U.S. ROUTES 29 AND 50, POINT OF BEGINNING
BEING A CORNER COMMON TO THE PROPERTY OF NRK REALTY
MANAGEMENT, LLC (DB 22052 PG 273); THENCE RUNNING WITH
THE LINE COMMON TO KEITH, AND CONTINUING WITH THE LINE
COMMON TO LOTS 14,13 AND 12, SECTION ONE, BEECH PARK, N 03
DEGREES 08' 17" E 306.53 FEET TO A CORNER COMMON TO LOT 55,
EAST FAIRFAX PARK; THENCE RUNNING WITH THE LINE COMMON
TO LOT 55, EAST FAIRFAX PARK, S 87 DEGREES 04' 43" E., 275.33
FEET TO A CORNER COMMON TO LOT 55, EAST FAIRFAX PARK ON
THE WESTERLY RIGHT-OF-WAY LINE OF SPRING STREET, 50 FOOT
RIGHT-OF-WAY; THENCE RUNNING WITH THE WESTERLY RIGHT-
OF-WAY LINE OF SPRING STREET THE FOLLOWING: S 02 DEGREES
55' 17" W. 63.48 FEET TO A POINT AND S 09 DEGREES 04' 43" E. 145.26
FEET TO A POINT; THENCE RUNNING S 35 DEGREES 55' 18" W 49.50
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
LEE HIGHWAY; THENCE RUNNING WITH THE NORTHERLY RIGHT-
OF-WAY LINE OF LEE HIGHWAY S 80 DEGREES 55' 17" W 285.99
FEET TO THE POINT OF BEGINNING, CONTAINING 79,292 SQUARE
FEET OR 1.8203 ACRES OF LAND.
WHEREAS, the City Council has carefully considered the application, the submitted General
Development Plan, the recommendation of the Planning Commission, the recommendation of
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 Vir 'nia and the Code of the City of Fairfax, Virginia;
NOW, THEREFORE BE IT ORDAINED that the above described property be rezoned from
IH — Industrial Heavy and CR — Commercial Retail to CR — Commercial Retail with the
Architectural Control Overlay District to remain, with proffers dated January 13, 2020,
subject to the General Development Plan dated November 1, 2019;
BE IT FURTHER ORDAINED, that the above application package and General
Development Plan be approved;
The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show
the changes in the zoning of these premises, 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 become effective as provided by law.
INTRODUCED: December 12, 2019
PUBLIC HEARING: December 12, 2019
ADOPTED: January 14, 2020
ATTEST:
City Clerk
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Nay
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Nay
J0", /_ A'e'J -:--
Mayor
Date