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19950627 1995-17ORDINANCE NO. 1995 - 17 AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA, BY AMENDING THE ZONING MAP TO RECLASSIFY FROM C-2 AND I-2 TO C-2 (RETAIL COMMERCIAL) WITH PROFFERS PROPERTY IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 48-3-10-014A. WHEREAS, Ross and Norma Keith submitted application No. Z-761-95-1 requesting a change in the zoning map classification from C-2 and I-2 to C- 2(p) for the tax map parcel identified above, and more specifically described as follows: Beginning at a point being the southeast corner of Lot 15A, Section One, Beech Park, said point being in the northerly line of Lee Highway (Routes 29, 211 and 50); thence with said Lot 15A, N 07 degrees 04' 46" E, 279.9 feet to a point in the southerly line of Lot 13A, said Beech Park; thence with said line of Lot 13A, S 81 degrees 19' 31" E, 150.08 feet to a point in the westerly line of Lot 56, East Fairfax Park Subdivision, S 09 degrees 58' 00" W, 253.55 feet to a point in the aforementioned northerly line of Lee Highway; thence with said northerly line of Lee Highway, S 87 degrees 44' 30" W, 139.10 feet to the point of beginning and containing 38,235 square feet or 0.8778 Acres, more or less; and 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 in the interest of the public welfare and good zoning practice and in accordance with the Comprehensive Plan as well as the pertinent provisions set forth in the Code of Virginia and the Code of the City of Fairfax; NOW, THEREFORE BE IT ORDAINED, that the above described property be rezoned from C-2 and I-1 to C-2(p) and the general development plan and application package be approved subject to the following reasonable conditions authorized by City Code Section 26-143 which are proffered by the property owner: 1. General Development Plan. The general character of the development of the Property shall be in substantial conformance with the General Development Plan entitled "Horizon Bank", dated January 17,1995, with final revision dated May 12, 1995. Final designs shall be submitted with the final site plans. 2. Landscape Plan. The landscape plan shall be in substantial conformance with "Horizon Bank Landscape Plan" dated May 12, 1995, prepared by Merrifield Garden Center subject to approval by the Board of Architectural Review. Its design shall comply with the Community Appearance Plan and the City zoning ordinance requirements and incorporate high quality planting materials. Landscaping shall be completed at the sole expense of the Owners prior to issuance of a Certificate of Occupancy for the bank. 3. Lighting. Lighting within the parking area shall be of the "shoebox" design less than 20' in height in accordance with the Community Appearance Plan. These fixtures shall direct light downward and inward 1995,,17 -2 so that light will not shine off the site. Street lights (acorn style) shall be provided along the Lee Highway frontage to contribute to the "boulevard image." Lighting shall be completed at the sole expense of the Owners prior to issuance of a Certificate of Occupancy for the bank. 4. Architecture. Subject to approval by the Board of Architectural Review, the bank's building design shall be in substantial conformity with the "Horizon Bank Building Elevations" dated May 12, 1995 prepared by Barkley Pierce Associates. Its design and structure shall be of high quality and shall be an asset to the Lee Highway corridor per the goals of the Community Appearance Plan. 5. The Owners agree that they shall not apply to the Board of Zoning Appeals or other public authorities for variances or waivers from these proffers except as provided in Section 26-6(g) of the Zoning Ordinance of the City of Fairfax, Virginia. 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 the 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 be effective as provided by law. Planning Commission Hearing: May 22: 1 qq.q City Council Hearing: dune 27, 1995 Attest: Ci~ Cl{~rk