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19860527 1986-25ORDINANCE NO. 1986-25 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FAIRFAX TO RECLASSIFY FROM R-1 (RESIDENTIAL) TO M-I (MULTI-FAMILY), WITH PROFFERS, PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-3-((2))- 1/4, 21, 22, 23, 2/4, 25, AND 26 AND FROM R-3, (RESIDENTIAL), TO M-1 (MULTI- FAMILY), WITH PROFFERS, PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAPS 57-3-((2))-33, 3/4, 35, AND 38 AND 57-3-((8))-17A, 1SA, 19A, and 20A. WHEREAS, Robert 3. Batal, Lawrence K. Doll, and Monte L. West, Trading as BDW 3oint Venture have submitted application No. Z-708-86-I requesting a new zoning classification (with proffers) and proposing a Generalized Development Plan for the property identified above; and specifically described as follows: Beginning at the southeasterly corner of the tract herein described, said point being on the westerly variable width right-of-way line of Chain Bridge Road, Route 123 and a corner to Parcel 39, Bradshaw Grooms; Thence departing said westerly variable width right-of-way line of Chain Bridge Road, Route 123 and running with said Parcel 39, Bradshaw Grooms N 71° 29' /42" W 195.67 feet and S 18° 30' 18" W 97.90 feet to a point, said point being on the line of Klein; Thence departing said Parcel 39, Bradshaw Grooms and running with said Klein and with the same line extended with Murray, Ruffin and Smith N 71° 29' #2" 537.63 feet to a point, said point being a corner to City of Fairfax; Thence departing said Smith and running with said City of Fairfax N 18° 30' 18" E 320.51 feet to a point, said point being on the southerly variable width right-of-way line of Canfield Street; Thence departing said City of Fairfax and running with said southerly variable width right-of-way line of Canfield Street the following courses and distances: 90.07 feet along the arc of a curve to the left, said curve having a radius of 575.00 feet, a central angle of 08° 58' 30" and a chord which bears S 73° 33' 53" E 89.98 feet; S 78° 03' 08" E 32.17 feet; 182.39 feet along the arc of a curve to the right, said curve having a radius of /475.00 feet, a central angle of 22° 00' 01" and a chord which bears S 67° 03' 09" E 181.27; S 56° 03' 08" E 2/43.83 feet; N 18° 30' 18" E 12.31 feet; S 55° 50'/42" E 19/4.50 feet to a point, said point being on the aforementioned westerly variable width right-of-way line of Chain Bridge Road, Route 123; Thence departing said southerly variable width right-of-way line of Canfield Street and running with the aforementioned westerly variable width right-of-way line of Chain Bridge Road, Route 123 S 20° 23' 18" W 59.56 feet and S 07° 01' 18" W 51.92 feet to the point of beginning and containing/4.36071 acres more or less. WHEREAS, the City Council has carefully considered the application, the recommendation of the Planning Commission and staff, and the testimony received at public hearing; and WHEREAS, the City Council has determined that the proposed rezoning is proper and in accordance with the pertinent considerations set forth in the Codes of Virginia and of the City of Fairfax; NOW, THEREFORE, BE IT ORDAINED that the above described property be rezoned as follows: Lots 1/4, 21, 22, 23, 25, 25, and 26, from R-l to M-I (Multi- 1986-25 family), subiect to the following reasonable conditions proffered by the property owners: Development shall be in substantial conformance with the development plan dated :January, 1986, revised February and March, 1996, prepared by Patton, Harris, Rust and Associates. On Route 123, construct a north-bound left turn lane at Canfield Street to VDH&T standards. 3. On the property frontage dedicate right-of-way to 33 feet from center line for Route 123 and construct widening. Improve Canfield Street to City of Fairfax public street standards, including the circle, as shown on the development plan. Construct private streets in the development to City of Fairfax public street base and topping standards. Maintenance of the streets shall be solely the responsibility of the owner and/or successors in interest. The School Street Pumping Station shall be upgraded by the applicants to current standards to serve the proposed development in accordance with the March 13, 1996, report of Patton, Harris, Rust & Associates. 7. Enclosed areas for trash containers shall be provided. Enclosed areas for heat pumps will be provided. A perpetual easement on relocated Canfield Street shall be established for the purposes of ingress and egress for the use and benefit of the City of Fairfax, its agents and employees, and the public, as deemed apropriate by the City. 10. Existing specimen trees shall be preserved to the extent possible where to do so would not unreasonably interfere with the location or installation of improvements to the site. Limits of clearing and grading shall be determined in consultation with the City staff and supplemental landscaping shall be provided as shown on the development plan and required by Sec. 26-2q. 11. $300.00 per dwelling unit (Stag,000.00) shall be contributed to be used for public works improvements as deemed appropriate by the City, to be paid at time of issuance of a building permit for the project. 12. The density shall be 1#0 apartment dwelling units, instead of the 160 provided for in the proffered development plan. 13. No more than two unrelated persons will be permitted to reside in a one-bedroom unit. No more than three unrelated persons will be permitted to reside in a two-bedroom unit. The owners and/or their successors agree not to apply to the BZA or other public authorities for waivers or variances from the provisions of these proffers. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes in the zoning of these premises, including the existence of the conditions, and the Clerk of this Council 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. 1986-25 -3- This ordinance shall take effect immediately upon its passage by the City Council of the City of Fairfax, Virginia. Planning Commission Hearing April 28, 1986 Adopted by City Council Hay 27, 1986 ATTEST: