20050322 2005-04ORDINANCE NO. 2005-4
a.N ORDINANCE TO VACATE A DEDICATED PUBLIC STREET KNOWN AS
"YORKTOWN DRIVE" ADJACENT TO TAX MAP PARCELS 57-1-((2))-119, 120
AND 121; 57-1-((20))-1, 2 AND 7; 57-3-((2))-5; AND 57-3-((3))-3, 4, 5 AND 6.
WHEREAS, Jaguar Development, LC, by Lynne J. Strobel, Attorney-in-fact, submitted
application No. Z-789-01-1requesting a change in the zoning classification from RM Multi-
family and R-3 Residential to PD Planned Development (with proffers) which application
included the request to vacate a dedicated public street known as "Yorktown Drive";
WHEREAS, the Generalized Development Plan for the proposed rezoning depicts vacation of
the Yorktown Drive fight-of-way specifically described as follows:
Beginning at a point on the northerly line of Higginbotham Associates
L.P. et al, said point marking the southwesterly comer of Lot 5,
Williamsburg Gardens; thence with the northerly line of Higginbotham
Associates L.P. et al N86°17'3Y'W, 53.46 feet to a point marking the
southeasterly comer of Lot 4, Williamsburg Gardens; thence with the
easterly line of Lot 4 and continuing with the easterly and the northerly
line of Lot 3, Williamsburg Gardens the following courses:
N24°26'27"E, 425.94 feet; with a curve to the left, whose radius is
25.00 feet and whose chord is N17°33'33"W, 33.46 feet, an arc
distance of 36.65 feet and N59°33'3Y'W, 80.27 feet to a point on the
easterly line of Fairfax Nursing Home, Inc.; thence with the easterly
line of Fairfax Nursing Home, Inc. N24°26'27"E, 50.28 feet to a point
marking the southwesterly comer of Lot 2, Williamsburg Gardens;
thence with the southerly and the easterly lines of Lot 2 the following
courses: S59°33'3Y'E, 75.01 feet; with a curve to the left, whose
radius is 25.00 feet and whose chord is N72°26'27"E, 37.16 feet, an arc
distance of 41.89 feet and N24°26'27"E, 89.11 feet to a point marking
the southeasterly comer of Lot 1, Williamsburg Gardens; thence with
the southerly lines of Lot 1 and continuing with the easterly lines of
Higginbotham Associates L.P. et al the following courses: with a curve
to the right, whose radius is 170.00 feet and whose chord is
N52°56'33"E, 162.24 feet, an arc distance of 169.13 feet; with a curve
to the left, whose radius is 50.00 feet and whose chord is N52°56'33"E,
47.72 feet, an arc distance of 49.74 feet; N24°26'27"E, 174.61 feet and
with a curve to the left, whose radius is 25.00 feet and whose chord is
N09°04'45"E, 13.24 feet, an arc distance of 13.40 feet to a point on the
southwesterly right-of-way line of Main Street (Route 236); thence
with the southwesterly right-of-way line of Main Street S58°07'18"E,
67.42 feet to a point on the northerly line of Higginbotham Associates
L.P. et al; thence with the northerly line and continuing with the
westerly line of Higginbotham Associates L.P. et al with a curve to the
left, whose radius is 17.50 feet and whose chord is S87°49'54"W,
14.92 feet, an arc distance of 15.42 feet and S24°26'27"W, 171.97 feet
to a point marking the most northerly comer of Lot 7, Williamsburg
Gardens; thence with the westerly and southerly lines of Lot 7 the
following courses: with a curve to the right, whose radius is 100.00
feet and whose chord is S52°56'33"W, 95.44 feet, an arc distance of
99.49 feet; with a curve to the left, whose radius is 120.00 feet and
whose chord is S52°56'3Y'W, 114.52 feet, an arc distance of 119.39
feet; S24°26'27"W, 121.48 feet; with a curve to the left whose radius is
25.00 feet and whose chord is S20°33'3Y'E, 35.36 feet, an arc distance
of 39.27 feet and S65°33'33"E, 75.19 feet to a point on the westerly
line of Higginbotham Associates L.P. et al; thence with the westerly
line of Higginbotham Associates L.P. et al S24°26'27"W, 50.00 feet to
a point marking the northeasterly comer of Lot 6, Williamsburg
Gardens; thence with the northerly and the westerly line of Lot 6 and
continuing with the westerly line of the said Lot 5 the following
courses: N65°33'33"W, 75.19 feet; with a curve to the left; whose
radius is 25.00 feet and whose chord is S69°26'27"W, 35.36 feet, an
arc distance of 39.27 feet and S24°26'27"W, 375.19 feet to the point of
beginning, containing 61,179 square feet of land; and
WHEREAS, upon application of Jaguar Development, LC to vacate the above-described
portion of Yorktown Drive concurrent with Z-789-01-1, 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 City 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 has carefully considered the request to vacate the right-of-way
~n conjunction with review of the zoning application, the recommendation of the Planning
Commission and staff, and the testimony received at the public hearing; 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 set forth in
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 right-of-way
effective with approval of the subdivision of the property as indicated on the general
development plan/preliminary site plan submitted and approved with Z-789-01-1. 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.
Planning Commission hearing: January 10, 2005
Introduced: February 22, 2005
City Council hearing: March 22, 2005
Adopted: March 22, 2005 ~ ('~a~
ATTEST:
City Clerk
The motion to adopt the ordinance was approved 4-2.
Councilwoman Cross
Councilman Greenfield
Councilwoman Lyon
Councilman Rasmussen
Councilman Silverthorne
Councilmember Winter
Vote
aye
aye
nay
aye
nay
aye