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2011-14 revised ANIMISM ORDINANCE NO. 2011-14 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS ASSOCIATED WITH THE PD(p) PLANNED DEVELOPMENT DISTRICT AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT FOR A PORTION OF "THE PROPERTY" IDENTIFIED AS CITY OF FAIRFAX TAX MAP PARCELS 57- 1-20: 1 -12, 13A -19A, 20 -23, 24A -27A, 28 -36 AND A7. WHEREAS, C/H at Main Street, LC et al by Lynne J. Strobel, Attorney -in- Fact /Agent, submitted applications No. Z(PA)- 11040064 and V- 11050118 requesting to add four dwelling units to Phase I of a development proposal previously approved in a PD(p) Planned Development District (with proffers) and in the Old Town Fairfax Transition Overlay District, with a variance, and with continued authorization of previously approved special exceptions and variances, for the parcels identified above, and more specifically described as follows: Beginning at a point on the southerly line of Main Street (Route 236), said point being S24 °28'45 "W, 4.38 feet from a point marking the northeasterly corner of Fairfax Nursing Home, Inc.; thence with the southerly line of Main Street with a curve to the left whose radius is 4615.34 feet and whose chord bearing and distance is S65 °47'07 "E, 180.31 feet with an arc distance of 180.33, feet; thence continuing with the southerly line of Main Street the following courses and distances: S66°54'17"E, 115.45 feet, S59 °57'44 "E, 74.46 feet, S66°54'17"E, 79.16 feet to a point of a curve to the right whose radius is 20.00 feet and whose chord bearing and distance is S21 °55'13 "E, 28.28 feet with an arc distance of 31.41 feet to a point of tangent on the westerly line of Judicial Drive; thence with the line of Judicial Drive S23 °03'51 "W, 8.47 feet to a point of curve to the left whose radius is 442.50 feet and whose chord bearing and distance is 512°16'14"W, 165.74 feet with an arc distance of 166.72 feet to a point of tangent; thence S01 °28'37 "W, 101.02 feet to a point, said point being the southeasterly corner of PARCEL "A -7" and the northeasterly corner of PARCEL "A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence departing the westerly line of Judicial Drive and through PHASE ONE and with the southerly line of PARCEL "A -7" and the northerly line of PARCEL "A -5" JAGUAR/ YORKTOWN the following course and distances: N73 °27' 18 "W, 22.68 feet; S59 °37'56 "W, 15.43 feet; S18 °45'30 "W, 8.20 feet; N58 °20'43 "W, 16.84 feet; S84 °14'25 "W, 19.63 feet; S81 °35'54 "W, 24.26 feet; S65 °50'25 "W, 36.63 feet; S76 °14'57 "W, 58.60 feet; N81 °49'11 "W, 14.70 feet; S72 °47'53 "W, 16.82 feet; S63 °16'37 "W, 18.82 feet; S79 °25'33 "W, 38.52 feet; N85 °41'26 "W, 36.91 feet; N65 °35'29 "W, 29.96 feet; N54 °31'07 "W, 43.30 feet; N75 °04' 12 "W, 66.70 feet; N62° 18' 13 "W, 23.64 feet and N74 °38' 13 "W, 17.98 feet to a point in the line of Fairfax Nursing Home, Inc., said point being the southwesterly corner of PARCEL "A -7" and the northwesterly corner of PARCEL "A -5 ", PHASE ONE, JAGUAR/YORKTOWN; thence leaving the northerly line of PARCEL "A -7" and with the Fairfax Nursing Home, Inc. N24 °26'27 "E, 233.03 feet to a point; thence N65 °30'41 "W, 104.98 feet to a point; thence continuing with Fairfax Nursing Home, Inc. N24 °28'45 "E, 229.39 feet to the point of beginning, containing 4.32 acres of land; 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 and variance request are 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 proffered conditions associated with the zoning of the above described property be amended as requested by the property owners in accordance with City Code Section 110 -7 as follows: • [SEE THE ATTACHED PROFFERED CONDITIONS REVISED THROUGH June 10, 2011 AND APPROVED BY CITY COUNCIL ON July 12, 2011.] BE IT FURTHER ORDAINED, that the above conditions, application package and general development /preliminary site plan revised through June 10, 2011 be approved and that the previously approved special exceptions and variances be continued, and that a variance be granted from City Code § 110 -634 (2) to permit less than 20 feet around the external walls of all structures. The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes in the zoning of these premises, including the existence of the proffered 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 possible. This ordinance shall be effective as provided by law. City Council hearing: July 12, 2011 Adopted: July 12, 2011 \\ Zig Mayor Date ATTEST: A #4, 4 ,,/,„/ City Clerk Votes Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Absent Councilmember Schmidt Aye Councilman Silverthorne Aye Councilman Stombres Aye