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19810414 1981-4ORDINANCE NO. 1981-4 AN ORDINANCE TO REZONE FROM R-3 TO C-i, WITH REASONABLE CONDITIONS IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-1 ZONING DISTRICT, 66,624 SQUARE FEET OF LAND LOCATED ADJACENT TO THE FAIRFAX CITY CEMETERY AND FRONTING ON PAGE AVENUE, AND ACCORDINGLY TO CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA. (APPLICATION NO. Z-650-81-1.) WHEREAS, City Square Partnership, contract owner, has heretofore filed with this Council a written application to have rezoned from R-3 to C-l, 66,624 square feet of land on premises more particularly described as follows: Beginning at a point on the line dividing the City of Fairfax and Fairfax County, said point being the southeasterly corner of Parcel 2, City Cemetery; thence, running with the said division line and with the said Parcel 2, City Cemetery, S.87°44'07"W. 250.00 feet to a point; thence, running through the said Parcel 2, City Cemetery, N.02°15'53"W. 235.56 feet N.78°09'51"E. 125.19 feet, and $29°12'40"E. 181.19 feet to a point on the aforesaid division line between the City of Fairfax and Fairfax County, said point also lying on the easterly line of the said Parcel 2, City Cemetery; thence, running with the said division line and with the said Parcel 2, City Cemetery, S.10°47'20"W. 221.17 feet to the point and place of beginning, containing 66,624 square feet, more or less, and being more particularly shown on a plat entitled "Plat for Rezoning of a 66,624 Sq. Ft. Portion of Parcel 2, City Cemetery" as prepared by Douglas M. Detwiler & Associates, Inc., of Fairfax, Virginia, and dated March 12, 1981, and revised March 16, 1981. WHEREAS, the said application, having been found by this Council to be in proper form and accompanied by the required certified plat, 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 1950 Code of Virginia, 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 1950 Code of Virginia, as amended; and 1981-4 --2-- WHEREAS, as a part of such written application, City Square Partnership, contract owner, has proffered certain conditions in addition to the regulations provided for the C-1 zoning district relative to the rezoning of the aforementioned premises, in accordance with Section 26-6 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; and WHEREAS, said public hearing on said application, together with the said conditions as proffered by the contract owner, 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 contract owner, and has reached its decision on said application and the said conditions as proffered by the owner in addition to the requirement of the C-1 zoning district relative to the afore- mentioned premises; and WHEREAS, the City Council after due consideration, has deter- mined the conditions proffered by the contract owner in addition to the requirements of the C-1 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 C-1 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 the R-3 to the C-1 zoning district, as set forth and defined in the said Zoning Ordinance and amendments thereto, subject to the use regulations permitted in such C-1 zoning district, and further subject to the following reasonable 1981-4 -3- conditions proffered by the contract owner in addition to the requirements of the C-1 zoning district: 1. The subject property will be developed for an office building containing a maximum of 30,000 square feet (gross) space and required parking. The location of the office building and the required parking area will be generally in accordance with the attached schematic plan. 2. The building height will not exceed 50 feet measured from the existing average grade of Page Avenue as of the date of rezoning. 3. These proffers shall not be subject to a variance or waiver at a later date by the Board of Zoning Appeals or other appropriate authorities. 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-1 zoning district and any person violating such conditions shall be punished as provided in Section 26-7 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 here- tofore 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-1 zoning district, and that the Clerk of this Council be and 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 14, 1981 ATTEST: CI'TY (~J~E RK MAYOR