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19980210 1998-6ORDINANCE NO. 1998-6 AN ORDINANCE TO AMEND THE PROFFERED CONDITIONS APPROVED WITH THE 1986 REZONING FROM R-1 (RESIDENTIAL) AND R-3 (RESIDENTIAL) TO RM(p) (MULTIFAMILY RESIDENTIAL WITH PROFFERS), FOR "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCEL 57-3-((16))-1 AND 2. WHEREAS, Avalon Properties, Inc., by Sarah E. Hall, Attorney, submitted application No. Z-774-97-1 requesting an amendment to the proffer statement approved with the 1986 change in the zoning classification from R-1 and R-3 to RM(p) for the parcels identified above, and more specifically described as follows: Parcel B (South of Canfield Street) Beginning at the southeasterly comer of the tract herein described, said point being on the westerly variable width right-of-way line of Chain Bridge Road, Route 123 and a comer to Parcel 39, Bradshaw Grooms; Thence departing said westerly variable width fight-of-way line of Chain Bridge Road, Route 123 and running with said Parcel 39, Bradshaw Grooms N 71° 29' 42" W 195.67 feet and S 18° 30' 18" W 97.90 feet to a point, said point being on the line of Klein; Thence departing said Parcel 39, Bradshaw Grooms and running with said Klein and with the same line extended with Murray, Ruffin and Smith N 71© 29' 42" 537.63 feet to a point, said point being a comer to City of Fairfax; Thence departing said Smith and running with said City of Fairfax N 18° 30' 18" E 320.51 feet to a point, said point being on the southerly variable width right-of-way line of Canfield Street; Thence departing said City of Fairfax and running with said southerly variable width right-of-way line of Canfield Street the following courses and distances: 90.07 feet along the arc of a curve to the left, said curve having a radius of 575.00 feet, a central angle of 08° 58' 30" and a chord which bears S 73° 33' 53" E 89.98 feet; S 78° 03' 08" E 32.17 feet; 182.39 feet along the arc of a curve to the fight, said curve having a radius of 475.00 feet, a central angle of 22© 00' 01" and a chord which bears S 67© 03' 09" E 181.27; S 56° 03' 08" E 243.83 feet; N 18° 30' 18" E 12.31 feet; S 55° 50' 42" E 194.50 feet To a point, said point being on the aforementioned westerly variable width fight-of-way line of Chain Bridge Road, Route 123; Thence departing said southerly variable width fight-of-way line of Canfield Street and running with the aforementioned westerly variable width right- of-way line of Chain Bridge Road, Route 123 S 20° 23' 18" W 59.56 feet and S 07° 01' 18" W 51.92 feet to the point of beginning and containing 4.36071 acres more or less. Parcel A (North of Canfield Street) Beginning at the southeasterly comer of the tract herein described, said point being on the northerly variable width fight-of-way line of Canfield Street and a comer to T. L. McCommell; / 1998-6 Thence departing said T. L. McCommell and running with said northerly variable width right-of-way line of Canfield Street N 55° 50' 42" W 67.31 feet and N 73° 01' 42" W 255.33 feet to a point, said point being a comer to City of Fairfax; Thence departing said northerly variable right-of-way line of width Canfield Street and running with said City of Fairfax N 18° 30' 18" E 334.19 feet and N 71° 47' 42" W 125.40 feet to a point, said point being a comer to Board of Supervisors Fairfax County; Thence departing said City of Fairfax and running with said Board of Supervisors Fairfax County N 26° 28' 18" E 94.00 feet to a point, said point being a comer to Marshall & Detjen; Thence departing said Board of Supervisors Fairfax County and running with said Marshall & Detjen S 69° 47' 42" E 137.40 feet to a point, said point being on the right-of-way line of a 20-foot street; Thence departing said Marshall & Detjen and with said right-of-way line of a 20-foot street the following courses and distances: S 28° 57' 18" W 89.80 feet; S 71° 47' 42" E 20.36 feet; N 28° 57' 18" E 179.12 feet to a point, said point being a comer to Jones; Thence departing said right-of-way of a 20-foot street and running with said Jones and with the same line extended with Colbert and McCarty S 69° 47' 42" E 138.85 feet to a point; Thence continuing with said McCarty N 33° 00' 18" E 202.65 feet to a point, said point being on the southerly variable width right-of-way line of West Drive; Thence departing said McCarty and running with said southerly variable width right-of-way line of West Drive S 69° 47' 42" E 217.43 feet to a point, said point being a comer to Page; Thence departing said southerly variable width right-of-way line of West Drive and running with said Page and with the same line extended with W. Rembert Simpson S 33° 00' 18" W 371.80 feet to a point; Thence continuing with said W. Rembert Simpson and with the same line extended with the aforementioned T. L. McCommell S 27° 32' 18" W 351.84 feet to the point of beginning and containing 5.30853 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 proffer amendment 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 proffer #12 of the proffer statement approved with the 1986 rezoning of the above described property from R-1 (Residential) and R-3 (Residential) to RM (Multifamily Residential with proffers) be amended to read as follows: 12. The density shall be 141 dwelling units. All other proffers shall remain in full force and effect. -2 l l 1998-6 -3 This ordinance shall be effective as provided by law. Planning Commission heating: January_ 12. 1998 City Council heating: February_ 10, 1998 Adopted: February_ 10. 1998 Mayor ATTEST: ,)City C16rk The vote to adopt was 5-0, recorded as follows: Vote: Councilman Coughlan Councilman Greenfield Councilwoman Lyman Councilman Rasmussen Councilman Silverthome Councilman Mershon aye aye aye aye aye (absent)