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2014-06 ORDINANCE NO. 2014-06 AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE OF THE CITY OF FAIRFAX, VIRGINIA BY ADOPTING AMENDMENTS TO THE PROFFERED CONDITIONS ASSOCIATED WITH THE C-2, OFFICE COMMERCIAL DISTRICT (WITH PROFFERS) AND OLD TOWN FAIRFAX TRANSITION OVERLAY DISTRICT ON THE PROPERTY DESCRIBED AS CITY OF FAIRFAX TAX MAP PARCEL 57-2-42-001. WHEREAS, Premier Suites, LLC, by Inda Stagg, agent, submitted application No. Z(PA)- 13010064 requesting an amendment to the proffered conditions contained in Ordinance No. 1996-9 enacted July 10, 1996 concerning the parcel described above; 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 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 proffered conditions associated with the zoning of the above described property are hereby amended in their entirety to read as follows: 1. The uses permitted within Mosby Tower shall be: offices; those uses permitted by-right, and with special use permit in the C-1 office district, personal service establishments, pharmacies or medical supplies, restaurants and refreshment areas, and specialty food establishments. All new applications for Non-RUPs shall be accompanied by an updated owner-provided chart that specifies all tenant names, suite numbers, non- office area, office area, and totals of areas. Non-office uses shall be limited to a maximum of 29,533 gross square feet in the entire building. 2. The Owners agree that they shall not apply to the Board of Zoning Appeals or other public authorities for variances or waivers from these proffers except as provided in Section 26-6(g) of the Zoning Ordinance of the City of Fairfax, Virginia. 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. Planning Commission hearing: March 10, 2014 City Council hearing: April 8, 2014 Adopted: April 8, 2014 Mayor z-Vig zi.// Date ATTEST: i(//, 2 City Clerk Votes Councilman DeMarco Absent Councilman Drummond Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Schmidt Aye Councilman Stombres Aye