19820824 1982-29 ORDINANCE NO. 1982-29
AN ORDINANCE TO REZONE FROM C-2 TO C-3 WITH PROFFER
IN ADDITION TO THE REGULATIONS PROVIDED FOR THE C-3 DISTRICT,
PARCEL 2A, CONTAINING t~0,000 SQUARE FEET OF LAND ON PREMISES KNOWN
AS 9901 LEE HIGHWAY, AND MORE PARTICULARLY DESCRIBED ON CITY OF
FAIRFAX TAX MAP AS gg-3-((13))-2 AND TO ACCORDINGLY CORRECT THE
ZONING MAP WHICH IS A PART OF THE ZONING ORDINANCE OF THE
CITY OF FAIRFAX, VIRGINIA.
(Application No. Z-660-$2-1)
WHEREAS, Kyle Meyer, Manager, has heretofore filed with this Council a writ-
ten application to have rezone from C-2 to C-3 Parcel 2A, containing #0,000 square
feet of land on premises known as 9901 Lee Highway and more specifically described
as follows:
Beginning at a point on the southerly right-of-way line of Lee Highway, Route 29-211-
50, said point being the northeasterly corner of the now or formerly Breed Property;
thence N87°~3'00"E 160.00' with the southerly right-of-way line of Lee Highway to a
point; thence SO2°17'00"E 250.00' through Lot 2 to a point on the northerly right-of-
way line of Rebel Drive (Private Street); thence Sg7%3'00"W 160.00' with the norther-
ly right-of-way line of Rebel Drive to a point at the southeasterly corner of the afore-
said Breed Property; thence NO2°IT'00"W 250.00' with the easterly line of the Breed
Property to the point of beginning and containing ~0,000 square feet of land.
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 recom-
mendations 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 pur-
suant 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-~93 of the Code of Virginia of 1950, as amended;
and,
WHEREAS~ as a part of such written application, Kyle Meyer, Manager, 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 15.1-1~9(a) of the 1950 Code of Virginia, as amended, and
WHEREAS, 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 City Planning Commission, duly filed, and the
1982-29 -2-
evidence presented at the public hearing in connection with said application and the
said conditions as proffered by the manager and has reached its decision on said appli-
cation and the said conditions as proffered by the trustee to the requirements of the
C-3 zoning district relative to the aforementioned premises; and
WHEREAS, 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 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 manager in addition to the regulations provided
for the C-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, subiect to the use regulations permitted in such C-3 zoning district, and
further subiect to the following reasonable conditions proffered by the manager in
addition to the requirements of the C-3 zoning district:
1. Pursuant to the provisions of Section 15.1-491.2, Code of Virginia 1950, as
amended, the undersigned do hereby proffer that, in the event the property is
rezoned from C-2 commercial district to C-3 commercial district, as requested,
property shall be used only for a restaurant as that term is defined in Section 26
of the Fairfax City Code, and a drive-in restaurants, provided that there shall be
"no outside service other than drive-through", and that "no alcoholic beverages
will be served", as an ancillary use to the restaurant, as set forth in Section 26-
175 of the Fairfax City Code.
2. In the event the property is no longer used as a restaurant, as that term is de-
fined in Section 26 of the Fairfax City Code, and drive in restaurant, as an ancil-
lary use to the restaurant, as set forth in Section 26-175 of the Fairfax City Code,
then property shall be used for uses permitted in C-2 commercial district at such
time as restaurant and ancillary drive-through closes.
3. Applicant or owner or successors agree not to appeal to the Board of Zoning
Appeals or other public authorities for waivers or variances from provisions of the
proffers.
The said conditions, as hereinbefore set forth, shall apply to the subiect 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 ,~lap heretofore adopted as part of the
Zoning Ordinance to properly show such change in the zoning of said land, including
1982-29
-3-
the existence of the said conditions in addition to the regulations provided for the C-3
zoning district, adh that the Clerk of this Council be and she hereby is directed to
transmit duly certified copies of this ordinance to the application, Zoning Admini-
strator, 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:
August 24~ 1982
A~tin~Ci~Y Clerk -