19961029 1996-14ORDINANCE NO. 1996-14
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO RECLASSIFY FROM C-2, RETAIL COMMERCIAL, TO C-3,
GENERAL COMMERCIAL WITH PROFFERS, "THE PROPERTY" IDENTIFIED
AS A PORTION OF CITY OF FAIRFAX TAX MAP PARCEL 58-3-((2))-23A.
WHEREAS, DavCo Restaurant, Inc., by Keith C. Martin, Attorney, submitted
application No. Z-770-96-1 requesting a change in the zoning classification from C-
2 to C-3(p) for the parcel identified above, and more specifically described as
follows:
Beginning at a point at the intersection of the Westerly Right-of-Way
Line of Pickett Road, Route 237 and the Northerly Right-of-Way Line
of Main Street, Route 236; Thence departing said intersection of the
Right-of-Way Line of Pickett Road and Main Street and running
through the Combined Properties Limited Partnership Property, N
72° 38' 29" W - 749.48 feet to a point, said point being the true point
of beginning. Thence, departing the true point of beginning and
running through the property of Combined Properties Limited
Partnership the following courses and distances:
1. N 81° 35' 36" W - 265.71 feet to a point;
2. N 08° 24'24" E ~ 128.17 feet to a point;
3. S 81° 35'36" E ~ 265.71 feet to a point;
o
S 08° 24'24" W ~ 128.17 feet to the true point of beginning and
containing 34,056 square feet or 0.78182 acres of land; 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 proper
and in accordance with the Comprehensive Plan as well as with the pertinent
provisions set forth in the Code of Virginia and the Code of the City. of Fairfax,
Virginia;
NOW, THEREFORE BE IT ORDAINED, that the above described property be
rezoned from C-2, Retail Commercial to C-3(p), General Commercial with
proffers.
BE IT FURTHER ORDAINED, that the above described property be subject to the
following reasonable conditions authorized by City Code Section 26-6, which are
proffered by the property owners:
Prior to the issuance of an occupancy permit, the Applicant
and/or owner shall install at its own expense, and shall
continuously maintain landscaping around the fast food
restaurant, at locations indicated on, and in accordance with
the landscaping shown on the General Development
Plan/Special Use Permit Plan (GDP/SUP), dated October 18,
1996, prepared by David A. Bryant and Associates. All dead,
diseased or dying landscaping shall be promptly removed by
the Applicant and/or Owner and new material shall be
promptly installed by the Applicant/Owner, subject to the
Zoning Administrator's prior review and approval.
1996-14 -2
o
o
The hours of operation of the fast food restaurant on the
property shall be permitted.
ao
Monday through Thursday - 6:00AM to I:00AM.
Friday and Saturday - 6:00AM to 2:00AM.
Sunday - 6:00AM to 12:00AM.
The loud speaker for the drive-thru window shall be directed
away from the nearest residentially zoned property and shall
be set and continuously maintained at a volume so as not to
exceed 40 decibels measured at the closest rezoning line, as
indicated on the GDP/SUP, to the loudspeaker.
Uses for the Property shall be limited to fast food restaurants
with drive-thru windows and all uses permitted by right or by
Special Use Permit in the C-1 and C-2 Zoning districts.
Prior to the issuance of an occupancy permit, the dumpster
and exterior refrigeration equipment shall be screened with an
architecturally compatible brick wall installed at the
Applicant's or Owner's expense and subject to the Board of
Architectural Review (BAR) approval.
Unless otherwise approved by the BAR, the exterior walls of
the building shall principally consist of brick. Appropriate
architectural building details shall be compatible with the
architecture of the shopping center.
The Applicant and/or Owner agree that they will not apply to
the Board of Zoning Appeals or other public authority for
waivers or variances from these proffers, except as provided in
Section 26-6(g) of the Zoning Ordinance of the City of Fairfax,
Virginia.
BE IT FURTHER ORDAINED, that the above conditions, application package and
general development/preliminary site plan be approved, and that waivers be
granted from City Code §26-177 to permit a fast-food restaurant within 500 feet of
another fast food restaurant, a school and a residential district.
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 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: October 28,
City Council hearing:__0_¢_l;.o.b.er 29:1996
Adopted: October 29, 1996
ATTEST:
City Clerk
1996
Mayor
Date