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2024-10ORDINANCE NO.2024-10 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO REZONE CR COMMERCIAL RETAIL TO CU COMMERCIAL URBAN WITH PROFFERS WHILE RETAINING THE ARCHITECTURAL CONTROL OVERLAY DISTRICT (ACOD); ON THE LAND KNOWN AS N29 RESIDENTIAL PHASE 1 AND MORE PARTICULARLY DESCRIBED AS AND IDENTIFIED AS 10306 EATON PLACE (TAX MAP 47-4-02-02-002A). WHEREAS, Capital City Real Estate, LLC, applicant, by Cozen O'Connor, agent/attorney, submitted application No. Z-22-00583 requesting a change in the zoning classification from CR Commercial Retail to CU Commercial Urban while retaining the Architectural Control Overlay District (ACOD), for the parcels identified above, and more specifically described as: Commencing at a point on the northerly right-of-way line of Eaton Place, a 60-foot public right-of-way, said point also being the southwesterly corner of Lot 3, Commonwealth Corporate Center; thence, with the northerly right-of-way line of Eaton Place N 86' 11'00" W a distance of 281.67 feet to the true point of beginning; thence, continuing with the northerly right-of-way line of Eaton Place the following two (2) courses and distances: N 86°1 F00" W a distance of 304.11 feet to a point; N 89°38'52" W a distance of 1.94 feet to a point, said point being the southeasterly corner of the land of Kenwood Eaton Place, LLC; thence, departing the northerly right-of-way line of Eaton Place and with the easterly line of the land of Kenwood Eaton Place, LLC, N 21°47'35" E a distance of 535.74 feet to a point, a corner common with the aforementioned Lot 3, Commonwealth Corporate Center; thence, with Lot 3, Commonwealth Corporate Center the following six (6) courses and distances: S 6892'25" E a distance of 52.51 feet to a point; S 869 F00" E a distance of 76.44 feet to a point; S 03°49'00" W a distance of 44.26 feet to a point; S 8691'00" E a distance of 105.00 feet to a point; S 03°49'00" W a distance of 157.20 feet to a point; with a curve to the right having a radius of 60.00 feet, an are length of 15.81 feet, a central angle of 15°05'36", a chord bearing of S 11'21'55" W and a chord length of 15.76 feet to a point; thence, departing Lot 3 and continuing through Lot 2 the following three (3) courses and distances: N 8691'00" W a distance of 17.45 feet to a point; S 48°41'51" W a distance of 100.21 feet to a point; S 03°56'26" W a distance of 205.17 feet to the point of beginning. Containing an area of 129,535 square feet or 2.97371 acres 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 City of Fairfax. Virginia; NOW, THEREFORE BE IT ORDAINED that the above -described property be rezoned from CR Commercial Retail to CU Commercial Urban with proffers while retaining the Architectural Control Overlay District (ACOD), subject to the General Development Plan dated June 19, 2024; 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. Planning Commission hearing: April 22, 2024 City Council hearing: July 9, 2024 Adopted: July 9, 2024 ATTEST: VOTE: Mayor Read Aye Councilmember Bates Aye Councilmember Doyle Feingold Absent Councilmember Greenfield Naye Councilmember Lim Aye Councilmember Ross Aye Councilmember Stehle Aye Mayor a -a� Date