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2023-10ORDINANCE NO. 2023-10 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF FAIRFAX, VIRGINIA TO REZONE CR COMMERCIAL RETAIL ZONING DISTRICT TO RT RESIDENTIAL TOWNHOUSE ZONING DISTRICT IN THE ARCHITECTURAL CONTROL OVERLAY DISTRICT (ACOD) WITH PROFFERS; ON THE LAND MORE PARTICULARLY DESCRIBED AS AND IDENTIFIED AS 11006 PARK RD (TAX MAP 57-1-40-002). WHEREAS, Caglayan Investment Group, applicant, by Keith Martin, agent, submitted application No. Z- 22-00093 requesting a change in the zoning classification from CR Commercial Retail zoning district to RT Residential Townhouse zoning district in the Architectural Control Overlay District, for the parcels identified above, and more specifically described as: Beginning at a point in the northerly line of Park Road, a corner common to Lot 10, Section Four, Westmore; thence with the northerly line of Park Road S 881 50' 52" W 207.47to a point in the westerly line of Holly Street; thence with the westerly line of Holly Street S 00' 29' 14" W 31.19 to a point, a corner common to Lot 33, Section Five, Westmore; thence with Lots 33 and 32, Section Five, Westmore N 89' 30' 46" W 125.38' to a point, corner common to Ambest Lee Highway Investors, LLC (Now or Formerly); thence with the easterly line of Ambest Lee Highway, LLC (Now or Formerly) N 00' 29' 14" E 183.31 'to a point; thence through Caglayan Investment Group, LLC S 89' 16' 04" E 176.29 to a point in the westerly line of Lee Highway Associates, Inc. (Now or Formerly); thence with the westerly and southerly lines of Lee Highway Associates, Inc. (Now or Formerly) S 00' 21' 52" W 25.04' and N 88' 47' 52" E 166.20' to a point, a corner common to Lot 10, Section Four, Westmore; thence with Lot 10 S 04' 54' 52" W 125.66 to the point of beginning containing 50,778 square feet 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 Virginia 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 zoning district to RT Residential Townhouse zoning district in the Architectural Control Overlay District, subject to the General Development Plan dated August 21, 2023 and Proffers dated August 18, 2023; BE IT FURTHER ORDAINED, that the above application package, General Development Plan with proffers 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: September 11, 2023 City Council hearing: October 10, 2023 ATT -�T, City Clerk VOTE: Mayor Read Aye Councilmember Bates Aye Councilmember Doyle Feingold Aye Councilmember Greenfield Absent Councilmember Lim Aye Councilmember Ross Aye Councilmember Stehle Aye Mayor (9-1a-a'Lo,;'3 Date