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2020-17ORDINANCE NO. 2020-17 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO REZONE FROM RM RESIDENTIAL MEDIUM AND CR COMMERCIAL RETAIL TO PDM PLANNED DEVELOPMENT -MIXED USE WITH THE ARCHITECTURAL CONTROL OVERLAY DISTRICT TO REMAIN; ON THE LAND KNOWN AS NORTHFAX WEST AND MORE PARTICULARLY DESCRIBED AS AND IDENTIFIED AS 10516 ORCHARD STREET (TAX MAP 57-2- 02-003), 10517 ORCHARD STREET (TAX MAP 57-2-02-005), 3590 CHAIN BRIDGE ROAD (TAX MAP 57-2-02-017), 3580 CHAIN BRIDGE ROAD (TAX MAP 57-2-02- 018), 10505 ORCHARD STREET (TAX MAP 57-2-02-019), 3570 CHAIN BRIDGE ROAD (TAX MAP 57-2-02-020), MCLEAN AVENUE (TAX MAP 57-2-07-015-B), 10508 ORCHARD STREET (TAX MAP 57-2-08-005), 10510 ORCHARD STREET (TAX MAP 57-2-08-006), 10512 ORCHARD STREET (TAX MAP 57-2-08-007), 10514 ORCHARD STREET (TAX MAP 57-2-08-008), 10515 ORCHARD STREET (TAX MAP 57-2-08-010), 10507 ORCHARD STREET (TAX MAP 57-2-08-011), 10509 ORCHARD STREET (TAX MAP 57-2-08-012), 10511 ORCHARD STREET (TAX MAP 57-2-08-013)9 10513 ORCHARD STREET (TAX MAP 57-2-08-014), AND MCLEAN AVENUE (TAX MAP 57-247-000-A). WHEREAS, Northfax JV LLC c/o THE LANN COMPANIES, owner!'applicant, by Walsh Colucci Lubeley & Walch, P.C, agent/attorney, submitted application No. Z-20-00006 requesting a change in the zoning classification from RM — Residential Medium and CR — Commercial Retail to PDM — Planned Development -Mixed Use with the Architectural Control Overlay District to remain, for the parcels identified above, and more specifically described as: Beginning at a point on the westerly right-of-way line of Chain Bridge Road, Route 123, a variable width right-of-way said point being in the northerly line of the land of the City of Fairfax; Thence, departing Chain Bridge Road, Route 123 and with the northerly line of the land of the City of Fairfax and continuing with the northerly line of the land of Glascock & Sons, LP, the land of Schuling T. Alpine, Inc., and the land of branch Avenue Associates, LLC the following eight (8) courses and distances: 1) S 74°35'21" W a distance of 125.14 feet to a point; 2) N 75°16'39" W a distance of 57.55 feet to a point; 3) N 89°58'20" W a distance of 162.83 feet to a point; 4) N 33°16'38" E a distance of 12.00 feet to a point; 5) N 31 °52'02" E a distance of 29.51 feet to a point; 6) N 74°25'39" W a distance of 62.77 feet to a point; 7) S 37°59'08" W a distance of 44.08 feet to a point; 8) N 84*15'12" W a distance of 478.18 feet to a point, said point being the southeasterly corner of Fairfax Acres, Lot 18; Thence, with the easterly line of Fairfax Acres, Lot 18 and continuing with Lot 17, and unidentified parcel, Lot 16 N 05°44'48" E a distance of 400.00 feet to a point, said point being the northeasterly corner of Fairfax Acres, Lot 16; Thence, with the northerly line of Fairfax Acres, Lot 16 N 84' 15' 12" W a distance of 89.44 feet to a point, said point being the southeasterly comer of Fairfax Acres, Lot 15R; Thence, with easterly and the northerly lines of Fairfax Acres, Lot 15R the following two (2) courses and distances: 1) N 01 °09'51 " W a distance of 108.89 feet to a point; 2) S 88112'58" W a distance of 89.62 feet to a point, said point being the southeasterly corner of Parcel 1, Bajaj Property; Thence, with the easterly and the northerly lines of Parcel 1, Bajaj Property the following three (3) courses and distances: 1) N 01 °24'27" W a distance of 45.26 feet to a point; 2) N 29°26'56" W a distance of 127.71 feet to a point; 3) N 89°55'27" W a distance of 142.11 feet to a point, said point being in the easterly line of the land of Peter and Kathleen Tyson; Thence, with the easterly line of the land of Peter and Kathleen Tyson and continuing with the easterly right-of-way line of Perry Street, a 50 foot public right-of-way N 17°49'08" E a distance of 83.29 feet to a point on the westerly line of the land of Ronald and Barbara Fowler; Thence, with the westerly line of the land of Ronald and Barbara Fowler N 89°42'28" E a distance of 260.58 feet to a point, said point being in the westerly line of The Assembly, Parcel A-1; Thence, with the westerly and southerly line of The Assembly, Parcel A-1 and continuing with the southerly line of The Assembly, Lot 41 A, Lot 42A, Lot 43A, Lot 44A, Lot 45A, Lot 46A, Lot 47A, Lot 48A, Lot 49A, Parcel A- 1, Lot 53 and Parcel A-1 the following two (2) courses and distances: 1) S 06*51'32" E a distance of 150.99 feet to a point; 2) N 89142'28" E a distance of 585.06 feet to the northwesterly corner of Lot 4A, Fairfax Acres, Section 2; Thence, with the westerly line of Lot 4A, Fairfax Acres, Section 2 S 02°07'32" E a distance of 262.16 feet to a point in the northerly right-of-way line of Orchard Street, a 50 foot public right of way; Thence, with the northerly right-of-way line of Orchard Street the following three (3) courses and distances: 1) S 87°52'28" W a distance of 26.01 feet to a point; 2) with a curve turning to the left having a radius of 90.75 feet, an arc length of 19.96 feet, a central angle of 12936'07", a chord bearing of S 81 °34'25" W and a chord length of 19.92 feet to a point; 3) S 75' 16' l 8" W a distance of 211.84 feet to a point in the northern right of way line of Orchard Street at the northeast corner of a portion of Orchard Street (to be vacated); Thence crossing the Orchard Street along the proposed vacation line, the following two (2) courses and distances: 1) N90°00'00"E a distance of 99.56 feet, 2) N87°55'45"E a distance of 112,68' to a point in the southern right of way line of Orchard Street at the southeast corner of the portion of Orchard Street (to be vacated); Thence with the southern right of way line of Orchard Street, the following five (5) courses and distances: 1) N75016'18"E 318.55', 2) with a curve turning to the right having a radius of 40.75 feet, an arc length of 8.96 feet, a central angle of 12®36'07", a chord bearing of N 81 °34'25" E and a chord length of 8.94 feet to a point; 3) N 87°52'28" E a distance of 308.08 feet to a point; 4) S 02°03'45" E a distance of 1.66 feet to a point; 5) N 87°52'28" E a distance of 42.02 feet to a point in the aforementioned westerly right- of-way line of Chain Bridge Road, Route 123; Thence, with the westerly right-of-way line of Chain Bridge Road the following seven (7) courses and distances: 1) S 02003'45" E a distance of 13.70 feet to a point; 2) with a curve turning to the left having a radius of 13.00 feet, an arc length of 19.61 feet, a central angle of 86'24'39", a chord bearing of S 45°16'33" E and a chord length of 17.80 feet to a point; 3) S 88031'21" E a distance of 3.38 feet to a point; 4) S 01030'39" W a distance of 115.14 feet to a point; 5) S 89155'03" W a distance of 9.00 feet to a point; 6) S 01 °30'39" W a distance of 12.40 feet to a point; 7) with a curve turning to the left having a radius of 5,568.00 feet, an arc length of 194.52 feet, a central angle of 02°00'06", a chord bearing of S 00"30'36" W and a chord length of 194.51 feet to the point of beginning, Containing an area of 499,245 square feet or 11.46109 acres, more or less. WHEREAS, the City Council has carefully considered the application, the submitted Master 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 inia and the Code of the City of Fairfax Virginia; NOW, THEREFORE BE IT ORDAINED that the above described property be rezoned from RM Residential Medium and CR Commercial Retail to PDM Residential Planned Mixed Use with the Architectural Control Overlay District to remain, subject to the Master Development Plan dated on June 1, 2020 with Summary of Commitments dated on June 23, 2020; BE IT FURTHER ORDAINED, that the above application package and Master 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 be effective as provided by law. PUBLIC HEARING: July 14, 2020 ENACTED: July 14, 2020 ATTEST: City Clerk VOTE: Councilmember Harmon Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Aye Mayor Tv I y Date