19860513 1986-23ORDINANCE NO. 1986-23
AN ORDINANCE TO AMEND THE PROFFERS AND PROFFERED SITE PLAN FOR
CERTAIN REAL PROPERTY ZONED C-2 (COMMERCIAL), WITH PROFFERS,
SAID PROPERTY BEING IDENTIFIED AS CITY OF FAIRFAX TAX
MAP 57-4-((2)), 29 AND 30
WHEREAS, Tassos G. Triarhos, owner of Lot 29, Oliver Dibble, Owner of Lot
30 and Tassos G. Triarhos, contract owner of Lot 30, have submitted application No.
Z-702-86-2 requesting an amendment to proffers and proffered site plan for property
identified above; and specificallly described as follows:
Beginning at a point on the westerly side of Chain Bridge Road (Route
#123) with the intersection of the southerly side of Judicial Drive;
thence from the point of be$inning and running with westerly side of
said Chain Bridge Road S 32u 33' W 180.54 feet to an iron pipe found;
thence departing said Chain Bridge Road and running with the dividing
line between Fairfax Joint Venture (now or formerly) and the land
hereindescribed N 63° 22' W 164.82 feet to an iron pipe found in the
easterly line of Musolino (now or formerly); thence running with dividing
line between said Musolino (now or formerly) and the land herein-
described N 34° 57' 20" E 181.52 feet to a point in the southerly line of
the aforementioned Judicial Drive; thence running with southerly line of
said Judicial Drive S 63° 21' 20" E 157.17 feet to the point and place of
beginning, containing 28,915 square feet of land, more or less, and being
in accordance with a plat hereto attached and being made a part hereof.
WHEREAS, the City Council has carefully considered the application, the
~mmendation of the Planning Commission and staff, and the testimony received
at public hearing; and
WHEREAS, the City Council has determined that the proposed amendment to
the proffers and proffered site plan 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 by the City of Fairfax City Council
that the proffers for the above described properties be amended to read as follows:
Applicant shall convey in fee simple to the City of Fairfax or such other
public entity as the City may designate (and at no cost to the City), nine
(9) feet of the Dibble property (parcel 57-4-((2))-30) along its entire front-
age with Chain Bridge Road and ten (10) feet along the frontage on Judicial
Drive for construction of improvements to Chain Bridge Road and Judicial
Drive in accordance with the plan and profile prepared by Greenhorne &
O'Mara, Inc. dated February 13, 1985 (and subsequently amended to reduce
the required conveyance along Chain Bridge Road to nine (9) feet) and for
such other further improvements as the City Council in its sole discretion
may deem necessary, provided, however, that this proffer shall be con-
tingent upon the City Council granting the special exceptions necessary to
develop the subject properties in accordance with Development Plan A
dated October 1985 and revised April 1986 and submitted herewith.
Applicant or its successor in title to the Shaner property (tax map fei.
57-t~-((2))-29) shall convey in fee simple to the City of Fairfax (or such
other public entity as the City may designate (and at no cost to the City)),
9' of the Shaner property along its frontage with Chain Brige Road. Ap-
plicant shall construct such improvements as may be required by the City
of Fairfax or VDH&T (in accordance with usual and normal VDH&T stand-
ards) in the 9' conveyed to the City of Fairfax. Said improvements shall be
constructed at the time of development of the Shaner property in accord-
ance with a site plan approved by the City of Fairfax; provided, however,
that this proffer shall be contingent upon the City Council granting the
special exceptions necessary to develop the subject properties in accord-
ance with Development Plan A dated October 1985 and revised April 1986
and submitted herewith.
1986-23
Development of the property shall take place in accordance with Gener-
alized Development Plan A prepared by Hunsberger & Monaco, dated
October 1985 and revised April 1986 and submitted herewith, provided
however, that if the applicant does not receive the necessary special
exceptions, the development plan will be revised with special exceptions
already granted on these parcels.
Lighting fixtures of a design compatible with the building not exceeding an
average height of 15' shall be provided for lighting of the parking lot. Said
fixtures shall be directed inward so as to minimize any effect on adjacent
properties.
Except as otherwise provided herein and shown on Generalized Develop-
ment Plan A, as revised, Applicant agrees not to apply to the Board of
Zoning Appeals for any variance from these proffers or from the zoning
ordinance in effect at the time of the rezoning of the subject property.
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.
This ordinance shall take effect immediately upon its passage by the City
Council of the City of Fairfax, Virginia.
Adopted: May 13~ 1986
ATTEST: