19910226 1991-3ORDINANCE NO. 1991-3
AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE
OF THE CITY OF FAIRFAX BY AMENDING THE PROFFERED CONDITIONS
ON THE PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP
PARCEL 57-4-( (2))-138.
WHEREAS, the applicant has requested an amendment to the
proffered conditions contained in Ordinance No. 1986-2 enacted
February 26, 1986 concerning the parcel described above; and
WHEREAS, the City Council has carefully considered the
application, the recommendation of the Planning Commission and
the staff, and the testimony received at public hearing; and
WHEREAS, the City Council has determined that the proposed
proffer amendment is proper and in accordance with the
Comprehensive Plan and the pertinent provisions contained in the
Code of Virginia and the Code of the City of Fairfax, Virginia;
NOW, THEREFORE, BE IT ORDAINED that the proffered condi-
tions on the above described property are hereby amended in
their entirety to read as follows:
Development of the Property and the adjoining Annex
property sites shall be in substantial conformance with the
generalized development plan prepared by Paciulli, Simmons,
& Associates, revised February 14, 1986.
(a)
Uses permitted by right on the property shall be
limited to uses permitted by right in the Cl-L zone,
clinics, schools of special instruction and health
clubs.
(b)
Uses permitted by special use permit on the property
shall be limited to those uses permitted by special
use permit in the Cl-L zone, except that no school of
general instruction for grades K-12 shall be per-
mitted.
The maximum building height shall not exceed 41 feet and
the elevations of structures on the site shall be in
substantial conformance with those shown in Exhibit A dated
February 18, 1986.
Additions beyond the perimeter of existing buildings shall
be limited to porches, porticos and parking structures
except that the owner shall have the right to extend the
perimeter as shown on the generalized development plan
(note 10) in lieu of adding a third story at the rear of
the existing structure and provided that the total gross
square footage of the building does not exceed 55,000
square feet.
Se
The permanent ingress/egress parking easement shown on the
generalized development plan between the structure and the
annex will not be used for a period of 10 years from the
date of settlement except that it may be used durinc ehe
construction period as a temporary easement for con/
tion traffic. After the 10-year period, the easem~
be used if it is necessary for the use of the Prop
the adjoining Annex property.
1991-3
-2-
Se
The owners and 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
except as provided on the development plan.
The Clerk of this Council is directed to transmit duly
certified copies of this ordinance to the applicant, Zoning
Administrator and Planning Commission of this City as soon as
possible.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: February 25, 1991
City Council Public Hearing: February 26, 1991
City Council Adoption: February 26, 1991
ATTEST:
City C~er~J