Loading...
19770412 1977-13ORDINANCE NO. 1977-13 AN ORDINANCE TO REZONE FROM C-2 to I-2, WITH REASONABLE CONDI- TIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE I-2 ZONING DISTRICT, THE REAR PORTION OF LOT 22 CONTAINING 27,886 SQUARE FEET ON PREMISES KNOWN AS THE 11100 BLOCK OF LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED ON FAIRFAX CITY TAX MAP 57-1( (2))-22, AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. (Application No. Z-621-76-1.) WHEREAS, E. H. Glover, Incorporated, owner, has heretofore filed with this Council a written application to have rezoned from C-2 to I-2 the rear portion of lot 22 containing 27,886 square feet on premises known as the 11100 block of Lee Highway and more particularly described on Fairfax City tax map 57-1((2))-22, and more specifically described as follows: Beginning at a point in the westerly line of Haft & Kay, Trustees, said point being near the corner common to Faircloth and to Col- bert, said point also being N 1© 02' E 200.87 feet from a pipe corner of Faircloth in the northerly line of Lee Highway (U. S. Routes 29 & 211); thence with the easterly line of Colbert in ~art and in part with the line of land of Liggett & Myers, Inc. N 1 02' E 238.27 feet to a point; thence in part with another line of the said Liggett & Myers tract and in part crossing an old 15-foot outlet road S 74© 49' 40" E (passing through a pipe at 138.16 feet) 153.17 feet to a point in the westerly line of Teal; thence with the said line of Teal S 12© 45' W 194.75 feet to a point; thence through the land of H~ft & Kay, Trustees on a course parallel to Lee Highway S 85v 42' 30" W 109.46 feet to the point of beginning, containing 27, 886 square feet of land. WHEREAS, the said application, having been found by this Council to be in proper form and accompanied by the required certified plat and the receipt showing payment of the fee required to be paid at the time of the filing thereof, was promptly referred to the Planning Commission of this City for its investigation and recommendations thereon, and was duly advertised for public hearing before the Planning Commission in the manner and for the time~ required by the Zoning Ordinance of this City, as amended, and by Section 15.1-493 of the Code of Virginia of 1950, as amended, and was heard by the Planning Commission in public hearing pursuant to such advertisement, and was duly advertised for public hearing thereon before the Council in the manner and for the time required by the Zoning Ordinance of this City, as amended, and by Section 15.1-493 of the Code of Virginia of 1950, as amended; and, 1977-13 WHEREAS, as a part of such written application, E. H. Glover, Incor- porated, owner, has proffered certain conditions in addition to the regula- tions provided for the I-2 zoning district relative to the rezoning of the aforementioned premises, in accordance with section 3.131:2 of the Zoning Ordinance of the City of Fairfax, Virginia, as amended, and section 15.1-491(a) of the 1950 Code of Virginia, as amended. WHEREAS, said public hearing on said application, together with the said conditions as proffered by the owner, has been this day held, and said ~ity Council has considered the recommendations of said City Planning Com- mission, duly filed, and the evidence presented at the public hearing in con- nection with said application and the said conditions as proffered by the owner, and has reached its decision on said application and the said conditions as proffered by the owner in addition to the requirements of the I-2 zoning district relative to the aforementioned premises; and, WHEREAS, the City Council after due consideration, has determined the conditions proffered by the owner in addition to the requirements of the I-2 zoning district relative to the aforementioned premises to be reasonable, proper and in the best interest of the public necessity, convenience, general welfare, and good zoning practice. NOW, THEREFORE, BE IT ORDAINED that the said application, together with the said conditions as proffered by the owner in addition to the regulations provided for the I-2 zoning district relative to the aforementioned premises be, and the same hereby is, granted, and that the aforesaid land hereinbefore and in said application more specifically described be, and it hereby is, re- :zoned from C-2 to I-2 zoning district, as set forth and defined in the said Zoning Ordinance and amendments thereto, subject to the use regulations per- mitted in such I-2 zoning district, and further subject to the following reasonable conditions proffered by the owner in addition to the requirements of the I-2 zoning district: 1. A chain link fence with cedar slats, at least six (6) feet in height, will be constructed and properly maintained around that portion of the subject property zoned I-2, except that portion of the property adjacent to the VEPCO property, where a fence presently exists. 2. This proffer shall not be subject to a variance or waiver at a later date by the Board of Zoning Appeals or other appropriate authorities. - 2 - 1977-13 The said conditions, as hereinabove set forth, shall apply to the subject property as if the same were a part of the regulations provided for the I-2 zoning district and any person violating such conditions shall be punished as provided in section 8 of the said Zoning Ordinance. BE IT FURTHER ORDAINED that the Zoning Administrator of the City be and he hereby is directed to correct the Zoning Map heretofore adopted as part of the Zoning Ordinance to properly show such change in the zoning of said land, including the existence of the said conditions in addition to the regulations provided for the I-2 zoning district, and that the Clerk of this Council be and she hereby 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 take effect immediately upon its passage by the City Council of the City of Fairfax, Virginia. Adopted: April 12, 1977 Attest: City C~erk