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19780314 1978-7ORDINANCE NO. 1978-7 AN ORDINANCE TO REZONE FROM R-3 to C-2, WITH REASONABLE CONDITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-2 ZONING DIS- TRICT, LOTS 38, 39 and 40 in SECTION 2 OF THE FAIRFAX HEIGHTS SUBDIVISION ON PREMISES KNOWN AS 10830, 10826 AND 10822 SECOND 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-623-77-1) 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 R-3 to C-2, Lots 38, 39 and 40 in Section 2 of the Fairfax Heights Subdivision on premises known as 10830, 10826 and 10822 Second Street and more specifically described as follows: "Beginning at a point, said point being located in the northerly right of way of Second Street and being a common corner to Lots 29 and 38 of Section 2, Fairfax Heights Subdivision; thence, leaving the point of beginning and running with the line of Lot 38 and Lots 29 thru 33 of the aforementioned subdivision, N. 63© 26~ 30" E. 184.15 feet to a point, said point being a corner to Lots 38 and 41 located in the line of Lot 33 of the aforementioned subdivision; thence, running with the line of LOt 41 and Lots 38, 39 and 40, respectively, N. 62© 01' 00" E. 193.02 feet to a point, said point being a corner to Lots 40 and 41 located in the westerly right of way of Walnut Street; thence, running with said right of way, S. 27© 59' 00" W. 150.00 feet to apoint being the northwesterly intersection of the right of way lines of Second Street and Walnut Street; thence, running with the northerly right of way of Second Street and the property herein described, N. 62© 01' 00" W. 299.85 feet to the point and place of beginning containing 36,199 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 receip~ 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 Com- mission in public hearing pursuant to such advertisement, and was duly adver- tised 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, 1978-7 WHEREAS, as a part of such written application, Walnut Street Associates, a Virginia general partnership, (Thompson, Greenspon, et al), 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 s~id 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 Commission 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 prof- fered 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 fro~ 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. Subject property will be developed pursuant to the pro- posed 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. - 2 - 1978-7 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 lo- cated 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 sub- division 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 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 pro- vided 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: March 14, 1978 Attest: - 3 - Illlll