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19770208 1977-6ORDINANCE NO. 1977-6 AN ORDINANCE TO REZONE FROM C-2 to C-2, WITH REASONABLE CON- DITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-2 ZONING DISTRICT, LOTS 31 THROUGH 40, INCLUSIVE, OF THE WEST- MORE SUBDIVISION LOCATED ON THE SOUTH SIDE OF MAIN STREET BETWEEN HALLMAN AND POPLAR STREETS, AND TO ACCORDINGLY COR- RECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. (Application No. Z-620-76-3. ) WHEREAS, Camber L. Giberson, Elsa Giberson, M. M. Hutchinson, Richard Line, Lura Line and Growth, Inc., owners, have heretofore filed with this Council a written application to have rezoned from C-2 to C-2 with reasonable conditions in addition to the regulations provided for the C-2 Zoning Dis- trict, Lots 31 through 40, inclusive, of the Westmore Subdivision located on the south side of Main Street between Hallman and Poplar Streets and more specifically described as follows: Beginning at a point being the corner of the south R/W line of Route 236 and the west R/W line of Poplar Street; thence S 00© 53' 53" W, 38.91 feet along the west R/W line of Poplar Street, being the north- east boundary line of Lot 31, to a point on said R/W line; thence S 27© 09' W, 79.00 feet along said R/W line, being the east boundary line of Lot 31, to a point, being the southeast corner of Lot 31 and the northeast corner of Lot 40 A (originally a 12 foot alley); thence N 59© 01' W, 250.56 feet along the common boundary line of Lots 31 through 40 and Lot 40 A to a point on the east R/W line of Hallman Street, being the southwest corner of Lot 40 and the northwest corner of Lot 40 A; thence N 27© 09' E, 81.68 feet along the east R/W line of Hallman Street, being the west boundary line of Lot 40, to a point on said R/W line; thence N 58© 27' 35" E, 35.00 feet along said R/W line, being the northwest boundary line of Lot 40, to a point on south R/W line of Route 236; thence S 59© 01' E, 215.00 feet along the south R/W line of Route 236 to the point of beginning. The de- scribed remainder of Lots 31 through 40 containing 0.647 acres. The parcel described above is the original Lots 31 through 40 less a 12.50 foot taking together with a small parcel from Lot 31 and Lot 40 for curb returns, all for the Route 236 widening and improvement project in 1969. 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 1977-6 Commission in public hearing pursuant to such advertisement, and was duly ad- vertised 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, WHEREAS, as a part of such written application, Camber L. Giberson, Elsa Giberson, M. M. Hutchinson, Richard Line, Lura Line and Growth, Inc., owners, have proffered certain conditions in addition to the regulations pro- vided for the C-2 zoning district relative to the rezoning of the aforemen- tioned 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 owners, has been this day held, and said City Council has considered the recommendations of said City ,Plan~i.n~'Co~ission,duly filed, and the evidence presented at the public hearing in connection with said application and the said conditions as proffered by the owners, and has reached its decision on said application and the said conditions as proffered by the owners in addition to the requirements of the C-2 zoning district relative to the aforementioned premises; and, WHEREAS, the City Council after due consideration, has determined the conditions proffered by the owners in addition to the requirements of the C-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 owners in addition to the regulations provided for the C-2 zoning district relative to the aforementioned premises be, and the same hereby is, granted, and that the aforesaid land hereinbefore ~nd in said application more specifically described be, and it hereby is, re- zoned from C-2 to C-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 C-2 zoning district, and further subject to the following rea- sonable conditions proffered by the owners in addition to the requirements of the C-2 zoning district: - 2 - 1977-6 1. Any building erected on the subject lots or the adjacent lots 40A-43A will Tot exceed three(3)stories or thirty-five (35) feet measured on all exposed external walls. 2. A tall evergreen screen shall be planted and maintained, subject to the approval of the City Horticulturist, along the Poplar Street boundary of l~%s 41, 42 and 43; continuing across the entire rear property line adjacent to the drainage channel and extending along the Hallman Street boundary of lots 43A and 40A. The screening shall be six (6) feet in height and be spaced one tree or shrub per five feet. 3. The trees on the rear property line adjacent to the drainage channel will not be removed except those which are or become diseased or dead, or such removal is approved by the City. 4. Ail vehicular access to lots 31-43A shall be limited to one driveway on Hallman Street and one driveway on Poplar Street at a depth from Main Street of no more than 125 feet subject to any emergency access required by the Fire Department. 5. Ail access shall be limited to the front of any building and parking shall be limited to the side and front of any building erected on lots 40A-43A. 6. No mechanical equipment shall be placed on the roof and any mechanical equipment placed outside the building must be adequately screened to harmonize with the general appearance and character of the building. 7. The applicants agree that they will not seek a variance by the Board of Zoning Appeals for any of the six (6) proffers sub- mitted with their rezoning applications. said conditions, as hereinabove set forth, shall apply to the subject pro- as if the same were a part of the regulations provided for the C-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 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 for the C-2 zoning district, and that the Clerk of this Council be she hereby is directed to transmit duly certified copies of this ordinance to the applicant, Zoning Administrator and to the Planning Commission of this as soon as possible. T~is D~dinance shall take effect immediately upon its passage by the City City' Clerk il of the City of Fairfax, Virginia. Adopted: February 8, 1977 - 3 -