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19860225 1986-1ORDINANCE NO. ~986-1 AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX BY AMENDING THE ZONING MAP TO RECLASSIFY FROM R-2 (RESIDENTIAL) TO PD (PLANNED DEVELOPMENT), WITH PROFFERS, PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP 57-1((2))130 and 131. WHEREAS, Commonwealth Investment Service Corporation, contract owner of Lots 130 and 131, has submitted application No. Z-703-85-1 requesting a new zoning classification (with proffers) for property identi~fied above; and specifically described as follows: Beginning at the northwesterly corner of the tract ~erein described, said point being an iron pipe found on the easterly r~ght-of-way line of Chain Bridge Road, Route 123 and a corner to Clark; Thence departing said easterly right-of-way line of Chain Bridge Road, Route 123 and running with said Clark and with t~e same line extended with Lots 501 and 504 Section I Layton Hall S 86~23'04'' E 268.38 feet to a s~one found, said stone being on the line of Lot 5 Section 1 Layton Hall; Thence continuing with said Section 1Layton Hall S 02059'56'' W 461.50 feet to an iron pipe found, said pipe being on the line of Lot 9 Section i Layton Hall and a corner to Parrish; Thence departing ~aid L~t 9 Section 1Layton Hall and running with said Parrish N 84 10'04' W 262.75 feet to a p.k. nail set in asphalt sidewalk on the aforementioned easterly right-of-way line of Chain Bridge Road, Route 123; Thence departing said Parrish and running wit~ said easterly right-of- way line of Chain Bridge Road, Route 123 N 05v49'56'' E 75.00 feet to the point of beginning and containing 2.75613 acres more or less; WHEREAS, the City Council has carefully considered the application, the recommendation of the Planning Commissilon,~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 Fairfa×; NOW THEREFORE, BE IT ORDAINED that the above described properties be rezoned from R-2 (Residential) to PD (Planned Development) subject to the following reasonable conditions proffered by the property owner. All townhouse units shall have an exteri"or of brick, or brick and frame facade and shall substantially conform to the architectural character shown on exhibit A. 1986-1 Subject to approvals by the City Council and the City Engineer, the applicant agrees to construct those road and right-of-way improvements as depicted on the Preliminary Site Plan, and dedicate them to the City in Fee Simple. 3. Site lighting fixtures shall be no greater than 15 feet in height, with light directed downward and inward to the site. The Applicant/Owner and/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 proffers. AND BE IT ORDAINED that the commercial development required in Planned Development Districts by Fairfax City Code, Section 26-141(e)(2) be waived for the subject property, since the proposed development will not have a detrimental impact on'the tax base of the City and there is no need for commercial floor space in this location; AND BE IT FURTHER ORDAINED that the required General Development and Preliminary Site Plan proposed for the subject property and prepared by Patton, Harris, Rust and Associates, dated February 13, 1986 hereby is approved, and that any development on the subject property shall be in accordance with said plan with only such minor deviations as are permitted under Fairfax City Code, Sec. 26-143(f)(3). 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 that 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: February 25~ 1986 ATTEST: rk 1986-1 Subject to approvals by the City Council and the City Engineer, the applicant agrees to place in escrow monies for construction of road and right-of-way improvements as depicted on the Preliminary Site Plan, and dedicate them to the City in Fee Simple. 3. Site lighting fixtures shall be no greater than 15 feet in height, with light directed downward and inward to the site. The Applicant/Owner and/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 proffers. AND BE IT ORDAINED that the commercial development required in Planned Development Districts by Fairfax City Code, Section 26-141(e)(2) be waived for the subject property, since the proposed development will not have a detrimental impact on the tax base of the City and there is no need for commer- cial floor space in this location; AND BE IT FURTHER ORDAINED that the required General Development and Preliminary Site Plan proposed for the subject property and prepared by Patton, Harris, Rust and Associates, dated February 13, 1986, hereby is approved, and that any development on the subject property shall be in accordance with said plan with only such minor deviations as are permitted under Fairfax City Code, Sec. 26-143(f)(3). 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 that 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 Citylas soon as possible. This ordinance shall take effect immediately upon its passage by the City Council of the City of Fairfax, Virginia. Adopted: February 25, 1986 ATTEST: 3i y~le~ ~aragraph 2 was revised subsequent to signature by the Mayor to correct a ~cribner's error. .~