20060425 2006-04
ORDINANCE NO. 2006-04
N ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
IRGINIA TO RECLASSIFY FROM R-3 RESIDENTIAL TO C-l OFFICE
OMMERCIAL WITH PROFFERS AND OLD TOWN FAIRFAX TRANSITION
VERLAY DISTRICT "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX
AX MAP PARCEL 57-3-((2))-008D.
HEREAS, NRM Investments, Inc, by William C. Thomas, Jr, Attorney/Agent, submitted
application No. Z-802-05-1 requesting a change in the zoning classification from R-3
esidential District to C-l Office Commercial with proffers and Old Town Fairfax Transition
Overlay Districts for the parcel identified above, and more specifically described as follows:
Beginning at a point on the southerly right-of-way of Judicial Drive, width
varies, said point being 10 feet from the northeastern comer of the land of
Mark R. Dycio.
Thence with the southerly right-of-way of Judicial Drive, S72053' 40"E 187.52
feet to a point, said point being the northwestern comer of the land of Charles
E. & Barbara M. Jenkins.
Thence departing the southerly right-of-way of Judicial Drive and with the
westerly line of the land of Charles E. & Barbara M. Jenkins, SI7006'20"W
238.21 feet to a point on the northerly line of Lot 26B, Ardmore, Section 2.
Thence with the northerly lines of Lots 26B, 27 A, 27B, 28A and 28B,
Ardmore, Section 2, N69021 '40"W 187.88 feet to a point, said point being the
southeastern comer of Judicial Court, a Condominium.
Thence with the easterly line of Judicial Court, a Condominium, NI7006'20"E
226.63 feet to the point of beginning and containing 1.0005 acres ofland; and,
HEREAS, the City Council has carefully considered the application, the recommendation
ofthe Planning Commission and staff, and the testimony received at public hearing; and
HEREAS, 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
he Code of Virginia and the Code of the City of Fairfax. Virginia;
OW, THEREFORE BE IT ORDAINED, that the above described property be rezoned
from R-3 Residential District to C-l Office Commercial with proffers and Old Town Fairfax
ransition Overlay Districts.
BE IT FURTHER ORDAINED, that the above described property be subject to the
following reasonable conditions authorized by City Code Section 110-7, which are proffered
y the property owners:
SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH MARCH
31,2006, AS AMENDED THROUGH APRIL 25, 2006 TO INCLUDE PROFFERS BY
THE APPLICANT FOR THE CONSTRUCTION OF CURB, GUTTER, SIDEWALK
AND FENCE IN FRONT OF THE PROPERTY AT 10607 JUDICIAL DRIVE, AND
APPROVED BY CITY COUNCIL ON APRIL 25, 2006.
BE IT FURTHER ORDAINED, that the above conditions, application package and
Generalized Development Plan revised through March 17, 2006, be approved.
The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show
he 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
ossible.
This ordinance shall be effective as provided by law.
Planning Commission hearing: February 27.2006
City Council hearing: AVril 25. 2006
Adopted: April 25. 2006
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Mayor
6-/2 /o~
, / Date
ATTEST:
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The vote on the motion to approve was recorded as follows:
Mayor Lederer Aye
Councilwoman Cross Aye
Councilman Greenfield No
Councilwoman Lyon No
Councilman Rasmussen Aye
Councilman Silverthorne No
Councilmember Winter Aye