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19770208 1977-5ORDINANCE No. 1977-5 AN ORDINANCE TO REZONE FROM R-3 to. C-2, WIT~ REASONABLE CON- DITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-2 ZONING DISTRICT, 46,620 SQUARE FEET OF LAND LOCATED APPROXI- MATELY 150 FEET FROM THE SOUTH SIDE OF MAIN STREET BETWEEN HALLMAN AND POPLAR STREETS, AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. (Application No. Z-609-75-1.) 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 R-3 to C-2, 46,620 square feet of land on premises more specifically described as follows: Beginning at a point in the easterly right-of-way line of Hallman Street, said point being the northwest corner of a 12 foot alley and the southwest corner of Lot 40, Westmore Subdivision as re- corded in Deed Book D 10, Page 211 of the Land Records of Fairfax County, Virginia; thence departing from said right-of-way line and running along the northerly line of the 12 foot alley, being the southerly line of Lots 31 through 40 S 59© 01' 00" E - 250.56 feet to a point in the westerly right-of-way line of Poplar Street; thence running along said right-of-way line S 27© 09' 00" W - 211.30 feet and 19.95 feet on the arc of a curve to the right which curve has a radius of 10.30 feet and a chord which bears S 82© 39' 00" W - 16.98 feet to a point in the northerly right-of-way line of N. Fairfax Park Road; thence running along said right-of-way line N 41© 51' 00" W - 252.80 feet to a point in the aforesaid easterly right-of-way line of Hallman Street; thence running along said right-of-way line N 27© 09' 00" E - 147.08 feet to the point of beginning, containing 46,620 square feet of land. Subject, however, to any easements, rights-of-way, or restrictions of record. W~.EREAS,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, 1977-5 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 Planning Commis- sion, duly filed, and the evidence presented at the public hearing, in con- nection with said application and the said conditions as proffered by the owners, and has reached its decision on said application and the said condi- tions 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 and in said application more specifically described be, and it hereby is, re- zoned from R-3 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 reasonable conditions proffered by the owners in addition to the requirements of the C-2 zoning district: 1. Any building erected on the subject lots or the adjacent lots 31-40 will not exceed three (3) stories or thirty-five (35) feet measured on all exposed external walls. - 2 - 1977-5 2. A tall evergreen screen shall be planted and maintained, subject to the approval of the City Horticulturist, along the Poplar Street boundary of lots 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 dis- eased 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. The said conditions, as hereinabove set forth, shall apply to the subject pro- perty 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 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 C-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: February 8, 1977 Attest: City Clerk