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2007-26 ORDINANCE NO. 2007-26 AN ORDINANCE TO VACATE PORTIONS OF A DEDICATED PUBLIC STREET :KNOVVN AS ""RIDGE AVENUE" ADJACENT TO TAX lVIAP PARCELS 48-3-((08))- 007, 48-3-((08))-008A, 48-3-((08))-008, AND 48-3-((08))-009 "VVHEREAS, D.R. Horton, Inc., by Lyn..ne Strobel, Attomey-in-fact, submitted application no. Z-808-06-1 requ.esting a change in the zoning classification from R-2 Residential to RPD (p)- Residential Planned Development District (~ith proffers), V\1"hich application included the request to vacate portions of a dedicated public street lcru:>V\Tll as ''''Ridge Avenue"; V\THEREAS, the General DevelopmcT1t Plan for the proposed rezoning depicts vacation of portions of the Ridge Avenue right-of-VV'"ay specifically described as Iollovvs: PARCEL 1 BEGINN"~G AT A POINT ~ THE SOUTHVVESTERLY RIGHT-OF-VVAY LINE OF RIDGE AVENUE, (VARIABLE VVIDTH), SAID PO~T BE~G N 44045'25" VV A DISTANCE OF 5.19' FROJ'VI THE INTERSECTION OF THE NORTHERLY RIGHT-OF- VVAY L~E OF OLD LEE HIGHVVAY, (VARIABLE VVIDTH) AND THE SAID SOUTHVVESTERLY RIGHT-OF-VVAY LINE OF RIDGE AVENUE; SAID POINT BE~G ~ THE EASTERLY LINE OF LOT 7, SECTION TVVO, EAST FAIRFAX P~, SAID POINT ALSO BE~G THE SOUTHERLY CORNER OF THE PROPERTY HEREIN DESCRIBED; THENCE VVITH THE SAID NORTHEASTERLY L~E OF LOT 7 AND CONTINU~G VVITH LOT 8, SECTION TVVO, EAST FAIRFAX PARK, N 44045'25" VV A DISTANCE OF 118.14' TO A PO~T; THENCE PASSING THROUGH THE SAID RIDGE AVENUE RIGHT-OF-VVAY THE FOLLOVV~G COURSES AND DISTANCES: VVITH A CURVE TO THE LEFT, HAV~G A RADIUS OF 197.00', AN ARC LENGTH OF 20.77' AND THE CHORD BEAR~G AND DISTANCE BEING N51053'18" E 20.76' TO A PO~T; VVITH A CURVE TO THE RIGHT, HAV~G A RADIUS OF 28.00', AN ARC LENGTH OF 37.32' AND THE CHORD BEARING AND DISTANCE BEINGN 87003'19" E 34.62' TO A PO~T; S54045'25" E A DISTANCE OF 72.70' TO A POINT; VVITH A CURVE TO THE RIGHT, HAV~G A RADIUS OF 25.00', AN ARC LENGTH OF 49.79' AND THE CHORD BEARING AND DISTANCE BEING S 02017'56" VV 41.96' TO A PO~T; S 60006'44" VV A DISTANCE OF 29.32' TO THE PO~T OF BEGINN"ING AND CONTA~~G 6,192 SQUARE FEET OR 0.1421 ACRE. PARCEL 2 BEGINN"~G AT A POINT AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF- VV A Y L~E OF RIDGE AVENUE, (VARIABLE VVIDTH), AND THE SOUTHERLY TERJ'VIINUS OF PARK STREET, (50' VVIDE), SAID PO~T BE~G A NORTHERLY CORNER OF LOT 9, SECTION TVVO, EAST FAIRFAX P~; THENCE PASS~G THROUGH THE RIDGE AVENUE RIGHT-OF-VVAY THE FOLLOVV~G COURSES AND DISTANCES: N 52059'36" E A DISTANCE OF 7.56' S 59045'25" E A DISTANCE OF 131.04' TO A POINT; VVITH A CURVE TO THE RIGHT, HAV~G A RADIUS OF 156.00' AN ARC LENGTH OF 31.31' AND THE CHORD BEARING AND DIST ANCE BE~G S 54000'25" E 31.26' TO A PO~T; S 48015'25" E A DISTANCE OF 216.69' TO A PO~T; VVITH A CURVE TO THE LEFT, HAVING A RADIUS OF 358.00', AN ARC LENGTH OF 40.62' AND THE CHORD BEARING AND DISTANCE BEING S 51030'25" E 40.60' TO A PO~T; S 54045'25" E A DISTANCE OF 43.97' TO A POINT; WITH A CURVE TO THE RIGHT, HA VING A RADIUS OF 34.00', AN ARC LENGTH OF 59.79' AND THE CHORD BEARING AND DISTANCE BEING S 04022'30" E 52.38' TO A POINT IN THE NORTHEASTERLY LINE OF PART OF LOT 8, SECTION TWO, EAST FAIRFAX PARK; THENCE WITH THE SAID NORTHEASTERLY LINE OF PART OF LOT 8, SECTION TWO, EAST FAIRFAX PARK, N 44045'25" W A DISTANCE OF 148.67' TO A POINT; THENCE N 44043'51" W A DISTANCE OF 207.41' TO A POINT BEING THE EASTERLY CORNER OF LOT 9, SECTION TWO, EAST FAIRFAX PARK; THENCE WITH THE NORTHEASTERLY LINE OF THE SAID LOT 9, SECTION TWO, EAST FAIRFAX PARK, N 59047'09" W A DISTANCE OF 147.42' TO THE POINT OF BEGINNING AND CONTAINING 7,731 SQUARE FEET OR 0.1775 ACRE. WHEREAS, on May 21, 2007, the Planning Commission of the City recommended for approval the request ofD.R. Horton, Inc., to rezone the property known as 3300 Old Lee Highway, 9601 Ridge Avenue, 9609 Ridge Avenue, and 9619 Ridge Avenue from R-2 to RPD (P), which request included the vacation of the above-described portions of Ridge Avenue after the approval of 2-808-06-1 by the City Council; WHEREAS, on May 22, 2007, the City Council adopted an ordinance approving the request of D.R. Horton, Inc., to rezone the property known as 3300 Old Lee Highway, 9601 Ridge Avenue, 9609 Ridge Avenue, and 9619 Ridge Avenue from R-2 to RPD (P), and the City Council also approved variance applications V-1167-06-1 and V-1167-07-1 for variances in support of the rezoning; WHEREAS, upon application ofD.R. Horton, Inc., to vacate the above-described portions of Ridge Avenue after the approval of 2-808-06-1, this matter was duly advertised for public hearing before the City Council in the manner and for the time required by Section 15.2-2206 of the Code of Virginia (1950), as amended; WHEREAS, the City Council has carefully considered the request to vacate the right-of-way in conjunction with review of the zoning application and this vacation 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 (1950) and the Code of the City of Fairfax, Virginia. NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, 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 2-808-06-1. 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 ofthirty days from the adoption hereof, ifno 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 become effective as provided by law. PLANNING COMMISSION HEARING: INTRODUCED: November 13, 2007 CITY COUNCIL HEARING: November 27,2007 ADOPTED: November 27,2007 ~~~ !/ /m/07 Date ~ A;1!d~4' City Clerk VOTE: Councilwoman Cross Nay Councilman Greenfield Aye Councilwoman Lyon Aye Councilman Rasmussen Aye Councilman Silverthorne Aye Councilmember Winter Aye