2022-03ORDINANCE NO.2022-03
AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX,
VIRGINIA TO REZONE CR COMMERCIAL RETAIL, RMF MULTIFAMILY, AND
RH RESIDENTIAL HIGH TO PDM PLANNED DEVELOPMENT -MIXED USE
WITH ARCHITECTURAL CONTROL OVERLAY DISTRICT (ACOD) TO
REMAIN; ON THE LAND KNOWN AS BREEZEWAY MOTEL AND MORE
PARTICULARLY DESCRIBED AS AND IDENTIFIED AS 10829 FAIRFAX
BOULEVARD (TAX MAP 57-1-14-043), 10807 CEDAR AVENUE (TAX MAP 57-1-14-
055A), 3937 WALNUT STREET (TAX MAP 57-1-14-083), 3930 OAK STREET (TAX
MAP 57-1-14-077A), 3932 OAK STREET (TAX MAP 57-1-14-076A), AND 3934 OAK
STREET (TAX MAP 57-1-14-075A).
WHEREAS, Pulte Home Company, LLC, applicant, by Walsh Colucci Lubeley & Walch,
P.C, agent.'attomey, submitted application No. Z-18-00539 requesting a change in the zoning
classification from CR — Commercial Retail, RMF — Multifamily and RH — Residential High
to PDM Planned Development -Mixed Use with the Architectural Control Overlay District
to remain, for the parcels identified above, and more specifically described as:
Beginning at an Iron Pipe Set, on the northerly right of way line of Cedar
Avenue, having a right of way width of 50 feet, said point also lying on the
southwesterly most corner of Tax Map Parcel 057-1((14))-0059 (3922 Oak
Street). Thence, departing the line of Tax Map Parcel 057-1((14))-0059 (3922
Oak Street) and running; with the said right of way line of Cedar Avenue, South
88` 26' 45" West, 212.69 feet to a point of curvature; thence continuing with
the said right of way of Cedar Avenue and the easterly right of way line of
Walnut Street, (also having a 50 foot right of way width), 140.37 feet along the
arc of a curve, deflecting; to the right, having; a radius 125.20 feet, and a chord
bearing and distance of North 59126' 09" West, 133.13 feet to an Iron Pipe Set
at a point of tangency; thence continuing with the said easterly right of way
line of Walnut Street, north 27" 18' 45" West, 200.00 feet to a Drill Hole Set,
said point lying; at the northeastern corner of said Walnut Street and also lying;
on the southerly right of way line of Fairfax Boulevard, U.S. Route 29, having;
a variable right of way width; thence with said southerly right of way line of
Fairfax Boulevard, North 62' 41' 15" East, 250.00 feet to an Iron Pipe Found;
said point also lying; on the northwesterly most corner of Tax Map Parcel 057-
1((14))-0048 (10805 Fairfax Blvd.), thence departing the southerly right of
way line of Fairfax Boulevard and running; with the southwesterly line of Tax
Map Parcel 057-1((14))-0048. South 27' 18' 45" East, 200.00 feet to an Iron
Pipe Found, said pipe lying on the southeasterly comer of Tax Map Parcel
057- l ((14))-0048, thence continuing; with the southeasterly line of parcel 48,
and continuing with Tax Map Parcels 057-1((14))-0049 & 50, North 62' 41'
15" East, 150.00 feet to an Iron Pipe Set, said pipe lying; on the southeast
comer of Parcel 50 and also on an angle point at the rear of Tax Map Parcels
057-1((14))-0062, thence departing; the line of Parcel 50 and running with the
line of Parcel 62 and continuing; with Tax Map Parcels 057-1((14))-0061,
0060, and 0059, South 06' 32' 45" West, 247.08 feet to the point of beginning;.
Beginning at an Iron Pipe Set on the southeasterly right of way line of Walnut
Street, having a right of way width of 50 feet; said point also lying on the
northwesterly most corner of Tax Map Parcel 057-1((14))-0066 (l 0818 Second
Street) thence departing parcel 66 and running with the said southeasterly right
of way line of Walnut Street and continuing to the southerly right of way line
of Cedar Avenue, having; a right of way width of 50 feet; 250.76 Feet along; the
arc of a curve, deflecting; to the right, having a radius of 234.69 Feet and a
Chord Bearing and distance of North 57° 50' 19" East, 239.00 Feet to an Iron
Pipe Found at a point of tangency, thence continuing with the southerly right
of way of Cedar Avenue, North 88' 26' 45" East, 288.74 Feet to an Iron Pipe
Found at a point of curvature; thence with said southerly right of way line of
Cedar Avenue to the westerly line of Oak Street, having a right of way width
of 50 feet, 29.36 feet along the arc of a curve, deflecting to the right and a
1
Radius of 15.00 feet, having a chord bearing and distance of S35° 28' 45" East,
24.89 Feet to an Iron Pipe Found at a point of tangency; thence with said
westerly right of way line. South 20' 35' 45" West, 335.56 Feet to an Iron Pipe
Found, said point also lying on the northeasterly most corner of Tax Map
Parcel 057-1((14))-0074 10802 Second Street; thence departing the line of Oak
Street and running with the rear line of Parcel 74 and continuing with Tax Map
Parcel 057-1((14))-0071, 72, 71, 70, 69,68, 67 and 66, North 62" 46' 15" West,
435.64 Feet to the point of beginning.
Containing an area of 201,817 square feet or 4.63 acres, more or less.
WHEREAS, the City Council has carefully considered the application, the submitted Master
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 inia and the Code of the City of Fairfax Virginia;
NOW, THEREFORE BE IT ORDAINED that the above -described property be rezoned from
CR — Commercial Retail, RMF Multifamily and RH — Residential High to PDM — Planned
Development -Mixed Use with the Architectural Control Overlay District to remain, subject to
the Master Development Plan dated February 15, 2022;
BE IT FURTHER ORDAINED, that the above application package and Master 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 be effective as provided by law.
Planning Commission hearing: November 22, 2021
City Council hearing: March 8, 2022
Adopted: March 8, 2022
ATTEST:
- ( . - le
City Clerk
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Naye
Councilmember Miller
Naye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Naye
4a?'W' Awl
Mayor
_5A11 A�
Date
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