19780314 1978-8ORDINANCE NO. 1978-8
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, LOT 41 AND A PORTION OF LOTS 33, 34 and 42
OF SECTION 2 OF THE FAIRFAX HEIGHTS SUBDIVISION ON PREMISES
KNOWN AS 3930 WALNUT STREET, AND TO ACCORDINGLY CORRECT THE
ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY
OF FAIRFAX, VIRGINIA. (Application No. Z-627-78-1)
WHEREAS, Walnut Street Associates, a Virginia general partnership
(Thompson, Greenspon, et al), owners, have heretofore filed with this Council
a written application to have rezoned from C-2 to C-2 with reasonable condi-
tions in addition to the regulations provided for the C-2 zoning district,
Lot 41 and a portion of Lots 33, 34 and 42 of Section 2 of the Fairfax Heights
Subdivision on premises known as 3930 Walnut Street and more specifically
described as follows:
"Beginning at a point, said point being located in the westerly
right of way of Walnut Street and a corner to Lots 40 and 41,
Section Two, Fairfax Heights; thence, leaving the point of
beginning and ru~ning with Lots 40, 39 and 38 and the land herein
described, N. 62 01' 00" W. 193.02 feet to a point in the line
of Lot 33; thence, continuin~ with the line of Lot 38 and the
land herein described, S. 63 26' 30" W. 11.69 feet to a point,
said point being a corner to Lots 32 and 33 in the line of Lot 3~;
thence, running with Lot 32 and the land herein described, N. 26
33' 30" W. 28.00 feet to a point; thence, running through Lots 33
and 34 with the line of the property of Samuel H. Cohen and the
property herein described, N. 63° 26' 30" E. 100.00 feet to a
point in the line of Lot 35; thence, running with the line of
Lot 35 and the land herein described, S. 26 33' 30" E. 28.00
feet to the corner of Lots 34 and 35 in the line of Lot 42; thence,
running through Lot 42 with the line of the property of P.B.T.
Corporation and the land herein described, S. 68° 25' 30" E. 142.68
feet to the corner of Lots 41 and 42 in the westerly right of way
of Walnut Street; thence, running with the westerly right of way
of Walnut Street and the property herein described, S. 27° 59' 00" W.
87.86 feet to the point and place of beginning and containing 15,971
sq. ft., more or less."
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
1978-8
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,
WHEREAS, as a part of such written application, Walnut Street Asso-
ciates, a Virginia general partnership, (Thompson, Greenspon, et al) owners,
have proffered certain conditions in addition to the regulations provided for
the C-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 owners, has been this day held, and said
City Council has considered the recommendations of said City Planning Com-
mission, 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 con-
ditions 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,
rezoned 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
reasonable conditions proffered by the owners in addition to the requirements
of the C-2 zoning district:
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1978-8
1. Subject property will be developed pursuant to the
proposed development plan for rezoning prepared by Douglas M.
Detwiler & Associates, Inc., dated November 8, 1977.
2. The proposed addition will be approximately 11,142
square feet and limited to two stories in height.
3. The appearance of the addition will be of same style
as the existing building; both buildings will have mansard roofs
to improve the appearance.
4. Subject property will be used solely for professional
office space. There will be no retail sales.
5. Access to the site will be limited to Walnut Street. There
will be no access from Second Street. Curb, gutter and sidewalk
Will be constructed on Second Street and Walnut Street as shown on
the proposed development plan.
6. Parking area will have low profile lighting.
7. On Second Street and from the corner of Walnut Street to the
lot entrance, landscaping will consist of a double row of trees
located adjacent to the parking area for screening; the balance of
the setback area will be grass. There will be low plantings in
front of the existing building from the lot entrance on Walnut
Street north to the end of the property. (Applicants understand
that in addition, Section 3 of the Zoning Ordinance requires a
six-foot high stockade fence along the perimeter of the building
restriction lines on Second Street and Walnut Street, which will
be complied with.)
8. Applicants agree that they will submit a consolidated
subdivision plat for the development of all lots as one tract in
the event rezoning is granted.
9. Applicants agree that they and their successors will not
apply to the Board of Zoning Appeals or other public authorities
for 'variances or waivers from these proffers.
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 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.
1978-8
This ordinance shall take effect immediately upon its passage by
the City Council of the City of Fairfax, Virginia.
Adopted: March 14, 1978
Attest:
City~le~k' -
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