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19821123 1982-43 ORDINANCE NO. 1982-g3 AN ORDINANCE TO REZONE FROM C-2 TO C-3 WITH PROFFERS, IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-3 DISTRICT, PARCEL 3A, CONTAINING 35,01g SQUARE FEET OF LAND ON PREMISES KNOWN AS 392g OLD LEE HIGHWAY AND MORE PARTICULARLY DESCRIBED ON CITY OF FAIRFAX TAX MAP AS 57-2-((20))-3A AND TO ACCORDINGLY CORRECT THE ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE CITY OF FAIRFAX~ VIRGINIA (Application No. Z-656-g2-1) WHEREAS, William H. Hansbarger, Attorney, has heretofore filed with this Council a written application to have rezoned from C-2 to C-3 with proffers, Parcel 3A, containing 35,01g square feet of land on premises known as 392g Old Lee Highway and more specifically described as follows: Beginning at the southwesterly corner of the tract herein described, said point being a corner to Parcel 3 Courthouse Plaza and a point on the northerly variable width right-of-way of Old Lee Highway Route #237; Thence departing the said right-of-way of Old Lee Highway Route #237 and running with said Parcel 3 N g7° 17t 50" W 2gg. 36 feet to a point, said point being a corner to said Parcel 3 and a point in the line of Parcel I Courthouse Plaza; Thence departing said Parcel 3 and running with said Parcel 1 N gl° 55' 56" E 101.22 feet to a point; Thence departing said Parcel I and running through parcel 3A Courthouse Plaza S 6g° 30' 50" E 15g.29 feet and S 31° 29' 1~" E 139.00 feet to a point, said point being a point on the aforesaid right-of-way of Old Lee Highway Route #237; Thence running with the said right-of-way of Old Lee Highway Route #237 the following courses and distances to the point of beginning 5 5g° 30~ #6" W 37.17 feet; A distance of 86.20 feet along the arc of a curve to the left, said curve having a radius of 2,093.00 feet; and containing 35,018 square feet 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 was heard by the Planning Commission in public hearing pursuant to such adver- tisement~ 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-g93 of the Code of Virginia of 1950~ as amended; and~ 1982-43 -2- ~VHEREAS, as a part of such written application, ~I/illiam H. Hansbarger has proffered certain conditions in addition to the regulations provided in the C-3 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 15.1-1gg(a) of the 1950 Code of Virginia, as amended, and ~VHEREAS, said public hearing on said application, together with the said condi- tions as proffered by the manager, has been this day held and said City Council has considered the recommendations of said Gity Planning Commission, duly filed, and the evidence presented at the public hearing in connection with said application and the said condition as proffered by the manager and has reached its decision on said appli- cations and the said conditions as proffered by the owner to the requirements of the C-3 zoning district relative to the aforementioned premises~ and V/HEREAS, the City Council after due consideration, has determined the condi- tion proffered by the manager in addition to the requirements of the C-3 zoning district relative to the aforementioned premises to be reasonable, proper and in the best inter- est of the public necessity, convenience, general welfare, and good zoning practice~ NOV/, THEREFORE, BE IT ORDAINED that the said applications, together with the said conditions as proffered by the manager in addition to the regulations provided for the G-3 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 C-2 to the C-3 zoning district, as set forth and defined in the said Zoning Ordinance and amendments thereto, subject to the use regulations permitted in such C-3 zoning district, and further subject to the following reasonable conditions proffered by the manager in addition to the requirements of the G-3 zoning district: 1. In the event the above-mentioned property is rezoned from the C-2 Commer- cial District to the C-3 Commercial District, as requested, the property shall be used only for a restaurant as that term is defined in Ghapter 26 of the Fairfax City Code, and a drive-in restaurant, as an ancillary use to the restaurant, as set forth in Section 26-175 of the Fairfax Gity Code. 2. In the event that the property is no longer used as a restaurant, as that term is defined in Chapter 26 of the Fairfax Gity Gode, and a drive-in restaurant, as an ancillary use to the restaurant, as set forth in Section 26-175 of the Fairfax City Code, then the property shall only be used for uses permitted in the C-2 Commer- cial District at such time as the restaurant and ancillary drive-in restaurant ceases. 3. No alcoholic beverages of any kind shall be sold or offered for sale on the premises. 1982-43 -3- 4. No food will be sold on the premises other than inside the restaurant and from the drive-thru window. There shall be no curb service of any kind. 5. The applicants agree that neither they nor their agents shall apply to the Board of Zoning Appeals or other public authorities for waivers or variances from these proffers. The said conditions, as hereinbefore set forth, shall apply to the subject property as if the same were a part of the regulations provided for the C-3 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 heretofore adopted as part of the Zoning Ordinance to properly show such change in the zoning of said land, including the exist- ence of the said conditions in addition to the regulations provided for the C-3 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: November 23~ 1992 ATTEST: ~ity (3~erk