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2023-09ORDINANCE NO.2023-09 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO REZONE CG COMMERCIAL GENERAL AND CR COMMERCIAL RETAIL TO CU COMMERCIAL URBAN IN THE OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT (TOD) TO REMAIN; ON THE LAND KNOWN AS CITY CENTRE WEST AND MORE PARTICULARLY DESCRIBED AS AND IDENTIFIED AS 10501, 10515 AND 10523 MAIN STREET (TAX MAP 57-4-02-076, TAX MAP 57- 4-02-072 AND TAX MAP 57-4-02-071). WHEREAS, Ox Hill Realty, LLC, applicant, by Walsh, Colucci, Lubeley & Walsh, PC, agent/attorney, submitted application No. Z-22-00054 requesting a change in the zoning classification from CG Commercial General and CR Commercial Retail to CU Commercial Urban in the Old Town Fairfax Transition Overlay District, for the parcels identified above, and more specifically described as: Beginning at an iron pipe set on the southernmost corner of the land of 10533 Main Street LLC, as recorded in Deed Book 19552 at Page 485 among the land records of Fairfax County, Virginia; Said point also being in the line of the land of Fairfax County Board of Supervisors, as recorded in Deed Book 1631 at Page 196 among the land records of Fairfax County, Virginia; Thence departing the land of said Fairfax County Board of Supervisors and running with the land of said 10533 Main Street LLC; North 18°29'39" East a distance of 170.49 feet to a drill hole set in the southerly right-of-way line of Main Street, Virginia State Route 236, a variable width right- of-way; Thence departing the land of said 10533 Main Street LLC and running with the southerly right-of-way line of said Main Street; South 65°57'21" East a distance of 86.99 feet to an iron pipe set; North 18°25'39" East a distance of 0.49 feet to a drill hole set; 123.36 feet along the are of a curve to the right having a radius of 22875.00 feet and subtended by a chord bearing South 66°38'37" East a distance of 123.36 feet to a drill hole set; South 66°29'21" East a distance of 31.35 feet to a drill hole set; South 13°37'09" West a distance of 1.22 feet to an iron pipe set; South 66°48'21" East a distance of 131.62 feet to an iron pipe set; South 33°52'38" East a distance of 18.41 feet to an iron pipe found; South 66°48'21" East a distance of 107.00 feet to an iron pipe found on a line of the land of the aforementioned Fairfax County Board of Supervisors; Thence departing the southerly right-of-way line of said Main Street and running with the land of said Fairfax County Board of Supervisors; South 21°21'39" West a distance of 141.88 feet to an iron pipe found; North 68°38'21" West a distance of 486.74 feet to the point of beginning and containing an area of 77,683 square feet or 1.7833 acres, more or less. 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 Virginia and the Code of the CiN of Fairfax, Virginia; NOW, THEREFORE BE IT ORDAINED that the above -described property be rezoned from CG Commercial General and CR Commercial Retail to CU Commercial Urban in the Old Town Fairfax Transition Overlay District, subject to the General Development Plan dated July 3, 2023; 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 be effective as provided by law. PUBLIC HEARING: July 11, 2023 ENACTED: July 11, 2023 ATTEST: ( —City Clerk f F VOTE: Mayor Read Aye Councilmember Bates Aye Councilmember Doyle Feingold Aye Councilmember Greenfield Naye Councilmember Lim Aye Councilmember Ross Aye Councilmember Stehle Aye Mayor Date AW�4 1