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19960709 1996-9ORDINANCE NO. 1996 - 9 AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA, BY AMENDING THE ZONING MAP TO RECLASSIFY FROM C-1 TO C-2(p) (COMMERCIAL RETAtL WITH PROFFERS) THE PROPERTY IDENTIFIED AS A PORTION OF CITY OF FAIRFAX TAX MAP PARCEL 57-2-((2))-156. WHEREAS, John Hancock Mutual Life Insurance Company, submitted application No. Z-769-96-1 requesting a change in the zoning map classification from C-1 to C-2(p) for the tax map parcel identified above, and more specifically described as follows: Beginning at a point, an iron pipe in the ground, on the northerly edge of the right-of-way of Main Street, Virginia Route # 236, a corner in common with the Virginia Electric Power Company; thence departing said edge of right-of way and running with the line in common with Virginia Electric Power Company and continuing with a portion of the line of Parcel B, of J.W. Gilliam Subdivision, North 39° 19' 30" East 262.47 feet to a point; thence through the land of John Hancock Mutual Life Insurance Company South 56° 44' 25" East 513.33 feet to a point in the common line with the Truro Church; thence with the line of said church South 33° 08' 40" West 84.57 feet to an iron pipe; thence with another line in common with the Truro Church South 23° 10' 57" West 179.20 feet to a point in the northerly edge of the right-of-way of Main Street, Virginia Route # 236; thence with said edge of right-of-way North 56° 44' 25" West 572.58 feet to the point and place of beginning, containing 140,404 square feet (3.22319 acres) more or less. 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-1 to C-2(p) and the 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. Any new uses permitted by the rezoning to C-2(p) (Retail Commercial with proffers) will be restricted to the basement/(rear ground level and first floor of the existing office building and shall be limited to the following uses (as defined in the City Code): those uses permitted by right, and with special use permit, in the C-1 Office district, personal service establishments, pharmacies or medical supplies, restaurants and refreshment areas, and specialty food establishments. 1996-9 -2 2. The applicant and/or 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. This ordinance shall be effective as provided by law. Planning Commission Hearing: June 26~ 1996 City Council Hearing: July 9, 1996 Dat Attest: ~ity ~lerk -