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2020-01ORDINANCE NO.2020-01 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO RECLASSIFY FROM IH — INDUSTRIAL HEAVY AND CR — COMMERCIAL RETAIL TO CR — COMMERCIAL RETAIL WITH THE ARCHITECTURAL CONTROL OVERLAY DISTRICT TO REMAIN, WITH PROFFERS; ON THE LAND KNOWN AS 9700 FAIRFAX BOULEVARD AND MORE PARTICULARLY DESCRIBED AS TAX MAP PARCELS 48-3-09-056. WHEREAS, Robert D. Brant, Attorney Agent for 9700 Fairfax Blvd. LLC submitted application No. Z-19-00296 requesting a change in the zoning classification from IH — Industrial Heavy and CR Commercial Retail to CR — Commercial Retail for the parcel identified above, and more specifically described as ALL THAT CERTAIN LAND SITUATE IN THE CITY OF FAIRFAX, VIRGINIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS FIFTY-SIX (56), FIFTY-SEVEN (57), FIFTY-EIGHT (58), FIFTY- NINE (59) AND SIXTY (60), OF THE SUBDIVISION KNOWN AS EAST FAIRFAX PARK, AS THE SAME APPEARS DULY DEDICATED, PLATTED AND RECORDED IN DEED BOOK F-13, PAGE 543, PLAT BOOK 3, PAGE 39, AMONG THE LAND RECORDS OF FAIRFAX COUNTY, VIRGINIA. LESS AND EXCEPT THAT PORTION OF SAID LOTS, FIFTY-SEVEN (57), FIFTY-EIGHT (58), FIFTY-NINE (59) AND SIXTY (60), CONVEYED TO THE COMMONWEALTH OF VIRGINIA FOR HIGHWAY PURPOSES, BY DEED DATED DECEMBER 28, 1939 AND RECORDED JUNE 7, 1940, IN DEED BOOK B-14, PAGE 368, AMONG SAID LAND RECORDS; LESS AND EXCEPT THAT CERTAIN PARCEL CONVEYED TO THE CITY OF FAIRFAX, VIRGINIA, FOR PUBLIC STREET PURPOSES BY DEED DATED MAY 8, 1967 AND RECORDED JULY 2I, 1967 IN DEED BOOK 2918, PAGE 156, AMONG THE SAID LAND RECORDS. ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LEE HIGHWAY, U.S. ROUTES 29 AND 50, POINT OF BEGINNING BEING A CORNER COMMON TO THE PROPERTY OF ROSS AND NORMA L. KEITH; THENCE RUNNING WITH THE LINE COMMON TO KEITH, AND CONTINUING WITH THE LINE COMMON TO LOTS 14,13 AND 12, SECTION ONE, BEECH PARK, N 09 DEGREES 58' 00" E 306.53 FEET TO A CORNER COMMON TO LOT 55, EAST FAIRFAX PARK; THENCE RUNNING WITH THE LINE COMMON TO LOT 55, EAST FAIRFAX PARK, S 80 DEGREES 15' 00": E., 275.33 FEET TO A CORNER COMMON TO LOT 55, EAST FAIRFAX PARK ON THE WESTERLY RIGHT-OF-WAY LINE OF SPRING STREET, 50 FOOT RIGHT-OF-WAY; THENCE RUNNING WITH THE WESTERLY RIGHT-OF-WAY LINE OF SPRING STREET THE FOLLOWING: S 09 DEGREES 45' 00" W. 63.48 FEET TO A POINT AND S 02 DEGREES 15' 00" E. 145.26 FEET TO A POINT; THENCE RUNNING S 42 DEGREES 45' 00" W 49.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LEE HIGHWAY; THENCE RUNNING WITH THE NORTHERLY RIGHT-OF- WAY LINE OF LEE HIGHWAY S 87 DEGREES 45' 00" W 285.99 FEET TO THE POINT OF BEGINNING, CONTAINING 79,292 SQUARE FEET OR 1.8203 ACRES OF LAND. AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, THE CURRENT SURVEY AND BEING REFERENCES TO THE VIRGINIA COORDINATE SYSTEM OF 1983: BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LEE HIGHWAY, U.S. ROUTES 29 AND 50, POINT OF BEGINNING BEING A CORNER COMMON TO THE PROPERTY OF NRK REALTY MANAGEMENT, LLC (DB 22052 PG 273); THENCE RUNNING WITH THE LINE COMMON TO KEITH, AND CONTINUING WITH THE LINE COMMON TO LOTS 14,13 AND 12, SECTION ONE, BEECH PARK, N 03 DEGREES 08' 17" E 306.53 FEET TO A CORNER COMMON TO LOT 55, EAST FAIRFAX PARK; THENCE RUNNING WITH THE LINE COMMON TO LOT 55, EAST FAIRFAX PARK, S 87 DEGREES 04' 43" E., 275.33 FEET TO A CORNER COMMON TO LOT 55, EAST FAIRFAX PARK ON THE WESTERLY RIGHT-OF-WAY LINE OF SPRING STREET, 50 FOOT RIGHT-OF-WAY; THENCE RUNNING WITH THE WESTERLY RIGHT- OF-WAY LINE OF SPRING STREET THE FOLLOWING: S 02 DEGREES 55' 17" W. 63.48 FEET TO A POINT AND S 09 DEGREES 04' 43" E. 145.26 FEET TO A POINT; THENCE RUNNING S 35 DEGREES 55' 18" W 49.50 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LEE HIGHWAY; THENCE RUNNING WITH THE NORTHERLY RIGHT- OF-WAY LINE OF LEE HIGHWAY S 80 DEGREES 55' 17" W 285.99 FEET TO THE POINT OF BEGINNING, CONTAINING 79,292 SQUARE FEET OR 1.8203 ACRES OF LAND. WHEREAS, the City Council has carefully considered the application, the submitted General Development Plan, the recommendation of the Planning Commission, the recommendation of staff, and the testimony received at public hearing; and WHEREAS, 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 the Code of Vir 'nia and the Code of the City of Fairfax, Virginia; NOW, THEREFORE BE IT ORDAINED that the above described property be rezoned from IH — Industrial Heavy and CR — Commercial Retail to CR — Commercial Retail with the Architectural Control Overlay District to remain, with proffers dated January 13, 2020, subject to the General Development Plan dated November 1, 2019; BE IT FURTHER ORDAINED, that the above application package and General Development Plan be approved; The Zoning Administrator of the City is hereby directed to modify the Zoning Map to show the changes in the zoning of these premises, 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 become effective as provided by law. INTRODUCED: December 12, 2019 PUBLIC HEARING: December 12, 2019 ADOPTED: January 14, 2020 ATTEST: City Clerk VOTE: Councilmember DeMarco Aye Councilmember Lim Nay Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Nay J0", /_ A'e'J -:-- Mayor Date