19820119 1982-3ORDINANCE NO. 1982-3
AN ORDINANCE TO REZONE FROM R-3 TO C1-L, WITH
REASONABLE CONDITIONS IN ADDITION TO THE REGULATIONS PROVIDED
FOR THE CI-L DISTRICT, PARCEL 8, CONTAINING 1.005 ACRES
OF LAND ON PREMISES KNOWN AS 10605 JONES STREET,
AND MORE PARTICULARLY DESCRIBED ON CITY OF FAIRFAX
TAX MAP AS 57-3-((2))-8 AND TO ACCORDINGLY CORRECT
THE ZONING MAP WHICH IS A PART OF THE ZONING
ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA.
(Application No. Z-654-81-1.)
WHEREAS, Thomas O. Lawson, Trustee/Contract Owner, has heretofore filed with
this Council a written application to have rezoned from R-3 to CI-L Parcel 8, containing
1.005 acres of land on premises known as 10605 ;]ones Street and more particularly de-
scribed on Fairfax City Tax Map as 57-3((2))-8 and more specifically described as follows..
Beginning at the northeasterly corner of the tract herein described, said point
being a corner to Hansbarger and also being a point on the southerly right-of-
way of Jones Street; thence departing the said right-of-way of 3ones Street
and running with said Hansbarger S 26° 30' 00' W 255.47 feet to a point, said
point being a point in the line of Ardmore Subdivision; thence departing said
Hansbarger and running with said Ardmore Subdivision N 63° 19' 00' 167.88
feet to a point, said point being a corner to Jenkins; thence departing said
Ardmore Subdivision and running with said Jenkins N 23° 09' 00, E 244.69 feet
to a point; said point being a point on the aforesaid right-of-way of 3ones
Street; thence departing said Jenkins and running with the said right-of-way
of Jones Street S 66° 51' 00' E 182.49 feet to the point of beginning, and
containing 43,770 square feet.
WHEREAS, the said application, having been found by this Council to be in pro
form and accompanied by the required certified plat and the receipt showing payment
the fee required to be paid at the time of the filing thereof, was promptly referred to
Planning Commission of this City for its investigation and recommendations thereon,
was duly advertised for public hearing before the Planning Commission in the manner
for the time required by the Zoning Ordinance of this City, as amended, and was heard b
the Planning Commission in public hearing pursuant to such advertisement, and was dui
advertised for public hearing thereon before the Council in the manner and for the tim
required by the Zoning Ordinance of this City, as amended, and by Section 15.1-493 ot
the Code of Virginia of 1950, as amended; and,
WHEREAS, as a part of such written application, Thomas O. Lawson, Trustee/Con.
tract Owner, has proffered certain conditions in addition to the regulations provided fm
in the CI-L zoning district relative to the rezoning of the aforementioned premises, ir
accordance with Section 26-6 of the Zoning Ordinance of the City of Fairfax, Virginia, a..
amended, and Section 15.1-149(a) of the 1950 Code of Virginia, as amended; and
WHEREAS, said public hearing on said application, together with the said condi.
1982-3
-2-
tions as proffered by the trustee/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 applica-
tion and the said conditions as proffered by the trustee/contract owner and has reached
its decision on said application and the said conditions as proffered by the trustee to the
requirements of the C1-L zoning district relative to the aforementioned premises; and
WHEREAS, the City Council after due consideration, has determined the conditions
proffered by the trustee/contract owner in addition to the requirements of the C I-L
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 trustee/contract owner in addition to the regulations
provided for the C I-L 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 I-L zoning
district, as set forth and defined in the said ~oning Ordinance and amendments thereto,
subject to the use regulations permitted in such CI-L zoning district, and further subject
to the following reasonable conditions proffered by the trustee/contract owner in addi-
tion to the requirements of the C I-L zoning district:
1. The exterior building materials and the architectural design of the
structures will be subject to approval by the Board of Architectural Review.
2. The applicant will dedicate ten feet where the property adjoins
3ones Street for the purpose of street widening and sidewalk.
3. No rooftop or mechanical equipment will be visible from any public
rights-of-way. All mechanical equipment, including the electrical trans-
formers, are to be screened to the satisfaction of the Zoning Administrator.
#. The lighting of the development, including the parking area, shall be
white lights not to exceed fifteen feet in height.
5. No development shall take place under the CI-L category until such
time as a dedicated #O-foot public street right-of-way exists in front of the
subject property, said right-of-way not to include the ten feet to be dedicated
by the County of Fairfax, Virginia.
6. Applicant or owner or their successors agree not to apply to the
Board of Zoning Appeals or other public authorities for waivers or variances
from the provisions of these amended 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 C1-L zoning district and any
1982-3 -3-
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 exis-
tence of the said conditions in addition to the regulations provided for the CI-L 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: ~anuary 19~ 1982.
Mayor