19990126 1999-1ORDINANCE NO. 1999-
AN ORDINANCE TO VACATE A PORTION OF A DEDICATED
PUBLIC STREET KNOWN AS "SCHOOL STREET"ADJACENT TO
TAX MAP PARCELS 57-3-((2))-51-58, PURSUANT TO SECTION 15.2-
2272 OF THE 1950 CODE OF VIRGINIA, AS AMENDED
WHEREAS, Stanley-Martin Homes, L.L.C., by Martin D. Walsh, Attorney-in-Fact, submitted
application No. Z-778-98-1 requesting a change in the zoning classification of 23 parcels
fronting on School Street from R-1 to PD(p) which application included the vacation of a
portion of a dedicated public street known as "School Street"; and
WHEREAS, the Generalized Development Plan/Preliminary Site Plan for the proposed
rezoning depicts vacation of approximately 31,756 square feet or 0.7290 acres of the School
Street right-of-way west of Chain Bridge Road and as further described as follows:
Beginning at a point in the easterly line of Parcel "A", Section One,
University Square, said point also being the southwesterly corner of Parcel 56,
Alfred Mickelson Subdivision; thence departing Section One, University
Square and running along and with the southerly line of said Parcel 56 and
continuing along and with the southerly line of Parcels 55, 53, 52, 51 and part
of 50, said lines being congruent with the northerly right-of-way line of School
Street,
North 88 36' 59" East, 635.00 feet to a point; thence departing Parcel
50 and crossing School Street,
South 01 23' 01" East, 50.00 feet to a point in the northerly line of
Parcel 58, the aforesaid Alfred Mickelson Subdivision; thence running along
and with the line of said Parcel 58 in part and continuing along and with the
northerly line of Parcels 58A, 61, 60, 59, 57A and 57, said lines being
congruent with the southerly right-of-way line of School Street,
South 88 36' 59" West, 635.23 feet to a point in the easterly line of the
aforesaid Parcel "A", Section One, University Square; thence departing Parcel
57 and running along and with the easterly line of said Section One, University
Square,
North 01 07' 13" West, 50.00 feet to the point of beginning.
Containing 31,756 square feet or 0.7290 acres of land, more or less;
and
WHEREAS, upon application of Stanley-Martin Homes, L.L.C. to vacate the above-
described portion of School Street concurrent with Z-778-98-1, this matter was referred to
the Planning Commission of this City for its investigation and recommendations thereon, and
was duly advertised for public hearing before the Planning Commission in the manner and for
the time required by Section 15.2-2204 of the 1950 Code of Virginia, as amended; and was
heard by the Planning Commission in public hearing pursuant to such advertisement; and was
duly advertised for public hearing before the Council in the manner and for the time required
by Section 15.2-2204 of the 1950 Code of Virginia, as amended; and
WHEREAS, the City Council carefully considered the request to vacate the right-of-way in
conjunction with review of the rezoning application, the recommendation of the Planning
Commission and staff, and the testimony received at the public hearing; and
1999-1 2
WHEREAS, on December 22, 1998, the City Council approved application No. Z-778-98-1
and the generalized development plan/preliminary site plan submitted therewith depicting the
proposed vacation; and
WHEREAS, the City Council has determined that the proposed vacation is proper and in
accordance with the Comprehensive Plan as well as with the pertinent provisions of both the
Code of Virginia and the Code of the City of Fairfax, Virginia;
NOW THEREFORE BE IT ORDAINED, that the City Council, having followed the
procedures provided and mandated by law, hereby vacates the above-described fight-of-way
subject to and effective with approval of the subdivision of the property as indicated on the
general development plan/preliminary site plan submitted and approved with Z-778-98-1. The
Clerk is directed to cause a certified copy of this ordinance to be recorded among the land
records of Fairfax County, Virginia, upon the expiration of thirty days from the adoption
hereof, if no appeal from the adoption hereof has been filed within such time, or upon the
ordinance being upheld on appeal, whichever is later.
This ordinance shall be effective as provided by law.
Public hearing before Planning Commission: November 23, 1998
Introduced: December 22, 1998
Public heating before City Council: January 26, 1999
Adopted: January 26, 1999
Vote
Councilman Coughlan Aye
Councilman Greenfield Aye
Councilman Lederer Aye
Councilman Petersen Aye
Councilman Rasmussen Ave
Councilman Silverthorne Abs
ATFEST:
Mayor
Date