Public Hearing Meeting
Saturday, November 12, 1994 - - 9:30 am
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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Brannan, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Smith, Urban Planner, Planning and Zoning; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(a) Jack Sullivan, 4300 Ivanhoe Place, president, No Gridlock!, expressed concern on behalf of No Gridlock! and others about access by commercial developers to the George Washington Parkway.
(b) John Chapman Gager spoke during this period.
(c) Mayor Ticer announced the auction for the King Street Gardens Park, which is sponsored by KISMET, is to be held on Monday, December 5, 1994, at Carr's Antique and Auction House, 124 South West Street. The reception will start at 6:30 p.m., the buffet dinner will start at 7:00 p.m., and the auction will begin at 8:00 p.m. It is $15 in advance and $20 at the door.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR
Planning Commission (3 - 10)
3. SUP #94-0302 -- 2312 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for a special use permit to increase the hours of operation of an existing gasoline service station; zoned CL/Commercial Low. Applicant: Hamad Ghafoor.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/12/94, and is incorporated herewith as part of this record by reference.)
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4. SUP #94-0314 -- 3130 DUKE STREET - Public Hearing and Consideration of a review of a special use permit for the automobile rental business; zoned CG/Commercial General. Applicant: Premier Car Rental, Inc.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/12/94, and is incorporated herewith as part of this record by reference.)
5. TA #94-013 - Public Hearing and Consideration of a text amendment to amend Section 2-134 (Definitions; Director) of the Zoning Ordinance to change the reference to the Department of Planning and Community Development to the Department of Planning and Zoning. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/12/94, and is incorporated herewith as part of this record by reference.)
6. SUP #94-0309 -- 4401 WEST BRADDOCK ROAD - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a classroom addition and a storage shed and to increase student enrollment of the school; zoned R-8/Residential. Applicant: Church Schools in the Diocese of Virginia; St. Stephen's and St. Agnes School, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/12/94, and is incorporated herewith as part of this record by reference.)
7. SUP #94-0328 -- 362 SOUTH PICKETT STREET - Public Hearing and Consideration of a request for a special use permit to increase seating, amend the hours of operation and add delivery service to the restaurant; zoned CDD #8/Coordinated Development District, Trade Center. Applicant: Million Way, Inc., by Li Chen.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/12/94, and is incorporated herewith as part of this record by reference.)
8. SUP #94-0339 -- 1125 NORTH ROYAL STREET - Public Hearing and Consideration of a review of a special use permit for a catering business and off-street parking reduction; zoned CDX/Commercial Downtown. Applicant: Windows Catering Company, John A. Sobecki.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/12/94, and is incorporated herewith as part of this record by reference.)
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9 SUP #94-0342 -- 3856 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for a special use permit to operate a carry-out restaurant within a grocery store; zoned CL/Commercial Low. Applicant: Eduardo Migues.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/12/94, and is incorporated herewith as part of this record by reference.)
10. SUP #94-0343 -- 452-B SOUTH PICKETT STREET - Public Hearing and Consideration of a request for a special use permit for an automobile glass shop; zoned CG/Commercial General. Applicant: Trans Metro Glass, Ltd., by Thomas A. Clark.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/12/94, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the Action Consent Calendar as presented. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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10. City council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
11. CASE BAR-94-147 - Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic District, on September 21, 1994, denying a request for a Certificate of Appropriateness for approval of alterations to the house at 210 Thompson's Alley. Applicant: Eugene and June Trone.
(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/12/94, and is incorporated herewith as part of this record by reference.
A copy of a letter dated November 11, 1994, from Mr. Trone requesting a deferral of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 11/12/94, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated September 28, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 11/12/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this matter to the December 17, 1994 public hearing meeting. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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Planning Commission (continued)
12. SUP #94-0333 -- 3250 DUKE STREET - Public Hearing and Consideration of a request for a special use permit to increase seating and amend the hours of operation of the restaurant; zoned CG/Commercial General. Applicant: Mohammad Shahbaz Haji.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/12/94, and is incorporated herewith as part of this record by reference.
A copy of a letter from the applicant requesting a deferral is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 11/12/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper asked questions of Planning Director Lynn with respect to the required parking.
Mr. Haji, applicant, participated in the discussion of this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council deferred this item for up to three months. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
13. SUP #94-0341 -- 2000 MOUNT VERNON AVENUE - Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of the restaurant; zoned CL/Commercial Low. Applicant: Chanel, Inc., Tom Papageorge.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/12/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Council Member Walker recused herself from the discussion of this item due to a conflict of interest.)
WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and to amend Condition #15. The voting was as follows:
Rich "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Euille "aye"
Walker did not vote
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ORDINANCES AND RESOLUTIONS
14. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to change the name of the Alexandria-Leninakan Exchange Committee to the Alexandria-Gyumri Sister City Committee. (#17 11/9/94)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Cleveland and Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Rich "aye" Euille "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3758
AN ORDINANCE to amend and reordain Sections 1-2-1 (ESTABLISHED), 1-2-3 (SAME--MEMBERSHIP; APPOINTMENT; COMPENSATION; STRUCTURE), and 1-2-5 (SAME--POWERS AND DUTIES), of Chapter 2 (SISTER CITIES), Title 1 (GENERAL PROVISIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.
WHEREAS, the City of Leninakan, Armenia, has formally changed its name to Gyumri, Armenia; and
WHEREAS, the title "Sister City Committee" more accurately reflects the ongoing and active relationship between the City of Alexandria and the City of Gyumri than does the title "Exchange Committee;" and
WHEREAS, the title "Sister City Committee" more closely conforms to the practice of other sister city organizations in this country and abroad than does the title "Exchange Committee;" and
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 1-2-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Sec. 1-2-1 Established.
The cities of Dundee, Scotland, Helsingborg, Sweden, Caen, France, and Gyumri, Armenia, are adopted and established as sister cities to Alexandria, Virginia.
Section 2. That Section 1-2-3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Sec. 1-2-3 Same--membership; appointment; compensation; structure.
(a) The committee shall consist of 17 members, of which 13 shall be voting members and two shall be nonvoting members, appointed by the city council from the organizations and citizenry listed below. The members shall serve without compensation and at the will of the council.
(1) City council, one nonvoting member;
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(2) Public school board, one nonvoting member;
(3) Board of directors of the convention and visitors bureau, one voting member;
(4) Citizens, 10 voting members;
(5) Alexandria-Gyumri Sister City Committee, two voting members;
(b) In addition, there shall be one nonvoting member designated by the chief of police and one nonvoting member designated by the fire chief.
(c) The 12 voting members referenced in subsections (a)(4) and (a)(5), shall serve two-year terms, which terms shall be staggered so that six members appointed from these designations shall be appointed annually; provided, that one of the initial appointments pursuant to subsection (a) (5) shall be for a two-year term, and the other shall be for a one-year term. In the event of a vacancy on the committee, council shall appoint a new member to serve for the duration of the unexpired term. From and after June 15, 1990, voting members appointed to the committee pursuant to subsections (a)(4) and (a)(5), shall express on their applications for appointment a primary interest in one of the four sister cities, it being the intent of this chapter to achieve, among committee members, a balance in interest and support for each of the sister cities.
(d) The committee shall establish and maintain the following standing subcommittees:
(1) Helsingborg subcommittee;
The committee may establish other subcommittees from time to time.
Section 3. That Section 1-2-5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Sec. 1-2-5 Same--powers and duties.
It shall be the duty of the committee to:
(1) plan, develop, encourage and promote educational, professional, commercial and cultural exchanges between the cities of Dundee, Scotland, Helsingborg, Sweden, Caen, France, and Gyumri, Armenia, and the City of Alexandria; and
(2) to coordinate activities within the city relating to such exchanges.
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Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 11/9/94
First Reading: 11/9/94
Publication: 11/9/94; 11/10/94
Public Hearing: 11/12/94
Second Reading: 11/12/94
Final Passage: 11/12/94
15. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of-way at 2000 Duke Street, in the City of Alexandria. (#18 11/9/94)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3759
AN ORDINANCE to vacate a portion of the public street right-of-way adjacent to Duke Street, just south of the intersection of Duke Street and Diagonal Road, in the City of Alexandria, Virginia.
WHEREAS, Carlyle Development Corporation ("Applicant"), which owns the property at 2000 Duke Street, in the City of Alexandria, Virginia, has applied for a vacation of a portion of the public right-of-way adjacent to Duke Street, just south of the intersection of Duke Street and Diagonal Road; and
WHEREAS, the portion of the public right-of-way to be vacated by this ordinance is shown on the plat prepared by Patton Harris Rust & Associates, and dated March 10, 1994 (revised April 29, 1994) ("Plat") (attached hereto), as "Part One," "Part Two" and "Part Three"; and
WHEREAS, this vacation has been recommended for approval by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and
WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and
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WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto, and of the Applicant's agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the portion of the public street right-of-way adjacent to Duke Street, just south of the intersection of Duke Street and Diagonal Road, that is in question is no longer needed for public use and that it is in the public interest that it be vacated; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the portion of the public street right-of-way adjacent to Duke Street, just south of the intersection of Duke Street and Diagonal Road, as shown on the Plat as "Part One," "Part Two" and "Part Three" be, and the same hereby is, vacated:
Section 2. That this vacation is subject to compliance with all codes and ordinances and each of the conditions set forth below:
1. Applicant shall provide a temporary access easement to the Washington Metropolitan Area Transit Authority ("WMATA") to allow it access to the WMATA transformer facility, such easement to be recorded among the land records of the City of Alexandria and to be maintained at least until such time as Englehardt Lane has been constructed and public street easements over Englehardt Lane and Jamieson Avenue which provide WMATA access to the WMATA transformer facility have been recorded.
2. The Applicant shall provide an easement to the city that is sufficient to provide access to the retention wall and footing that is immediately adjacent to a portion of the area being vacated by this ordinance and that borders on Duke Street.
3. The Applicant shall reserve easements for all public and/or private utilities that may lie within the area being vacated by this ordinance.
4. The Applicant shall correct all plats currently spelling "Englehardt Lane" incorrectly.
5. The Applicant shall submit to the director of zoning and planning a plat of consolidation, consolidating the area being vacated by this ordinance with adjoining parcels in a manner satisfactory to the director.
Section 3. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary and desirable to carry into effect this vacation, including the execution of documents.
Section 4. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
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Section 5. That this ordinance shall be deemed to be enacted upon the date and at the time of its final passage, but shall not be effective until the Applicant has satisfied the conditions set forth above in Section 2, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the land records of the City of Alexandria as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the conditions set forth in Section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of CARLYLE DEVELOPMENT CORPORATION, and such recordation shall be done by the Applicant at its own expense.
Attachment: Vacation Plat
Introduction: 11/9/94
First Reading: 11/9/94
Publication: 11/9/94; 11/10/94
Public Hearing: 11/12/94
Second Reading: 11/12/94
Final Passage: 11/12/94
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16. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public street right-of -way at 2345, 2347 and 2365 Mill Road and Jamieson Avenue, in the City of Alexandria. (#19 11/9/94).
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Cleveland "aye" Euille "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3760
AN ORDINANCE to vacate a portion of the public street right-of-way at 2345, 2347 and 2365 Mill Road and Jamieson Avenue, in the City of Alexandria, Virginia.
WHEREAS, Carlyle Development Corporation and the Thomas H. Andrews Partnership ("Applicants") have applied for the vacation of a portion of the public street right-of-way of Mill Road which is currently unopened and unimproved and not used by the public; and
WHEREAS, the portion of public street right-of-way of Mill Road that is sought to be vacated by Applicants is designated on the plat prepared by Patton Harris Rust & Associates, dated August 30, 1994 ("Plat") (attached hereto), as "V-2"; and
WHEREAS, the portion of the right-of-way of Mill Road sought to be vacated by Applicants measures 4,624 square feet and is just east of the Metro tracks, at the western edge of the Carlyle Development's proposed Carlyle Towers Condominium project site; and
WHEREAS, the vacation that is sought by Applicants, if granted, will facilitate the realignment of the intersection of Mill Road and Jamieson Avenue, which is required by condition number 36 of special use permit number 2553 granted for the Carlyle Development; and
WHEREAS, the vacation that is sought by Applicants has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and
WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and
WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicants' agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the unopened and unimproved public right-of-way of Mill Road to be vacated by this ordinance is not needed for public use and that it is in the public interest that it be vacated; now, therefore,
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the hereinafter described portion of the public street right-of-way of Mill Road, as shown on the Plat as "V-2," be, and the same hereby, is vacated:
Beginning at a point being a corner to Lot 900, Carlyle and a corner to Parcel A, Carlyle, also being on the easterly right-of-way line of Mill Road; thence departing Lot 900 and Parcel A, and running through the variable width right-of-way of Mill Road, S 82o 23' 15" W 22.39 feet, and 68.24 feet along the arc of a curve to the right, said curve having a radius of 239.78 feet, a central angle of 16o 18' 25" and a chord which bears N 89o 27' 32" W 68.01 feet to a point, said point being on the southerly line of the property of Thomas H. Andrews Partnership and on the northwesterly variable width right-of-way line of Mill Road; thence continuing with the property of Thomas H. Andrews Partnership the following courses and distances: 6.90 feet along the arc of a curve to the left, said curve having a radius of 25.00 feet, a central angle of 15o 49' 02" and a chord which bears N 39o 44' 28" E 6.88 feet; N 31o 49' 02" E 54.78 feet; 53.44 feet along the arc of a curve to the right, said curve having a radius of 60.00 feet, a central angle of 51o 02' 09" and a chord which bears N 57o 19' 34" E 51.70 feet to a point on the westerly line on the aforementioned Lot 900, Carlyle; thence, S 06o 10' 39'' E 26.10 feet; thence, S 66o 12' 56" E 5.77 feet; thence, S 06o 10' 40" E 49.44 feet to the point beginning, and containing 4,624 square feet more or less.
Section 2. That this vacation is subject to compliance with each of the conditions set forth below:
1. Applicants shall consolidate the portion of Mill Road being vacated by this ordinance with the adjacent parcel owned by the Thomas H. Andrews Partnership, as shown on the Plat, and shall submit a plat showing such consolidation to the director of planning and zoning for his approval.
2. A letter, memorandum or other document shall be submitted to the director of planning and zoning that expresses, to the satisfaction of the director, the commitment of the Washington Metropolitan Area Transit Authority to dedicate or otherwise convey to the City of Alexandria, in fee or easement, the portion of WMATA property that is designated as "D-2" on the Plat, all costs associated with securing such commitment and the resulting dedication or other conveyance to be borne by Applicants.
3. Applicants shall convey easements for all public and/or private utilities that now lie within the portion of Mill Road being vacated by this ordinance.
4. Applicants shall convey surface and subsurface easements to the City of Alexandria over the portion of the area being vacated by this ordinance designated as "B" on the Plat, such easements being to the satisfaction of the director of transportation and environmental services.
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Section 3. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.
Section 4. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded, among the city land records. Certification by the clerk shall constitute conclusive evidence that the condition in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in the name of the City of Alexandria and the name of Thomas H.Andrews Partnership, and such recordation shall be done by Applicants at their expense.
Attachment: Vacation Plat
Introduction: 11/9/94
First Reading: 11/9/94
Publication: 11/9/94; 11/10/94
Public Hearing: 11/12/94
Second Reading: 11/12/94
Final Passage: 11/12/94
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (17 - 21)
17. SUP #94-0330 -- 101-109 KING STREET -- Public Hearing and Consideration of a request for a special use permit to relocate restaurant seats from portions of the Fish Market Restaurant at 101-103 King Street to a new location at 109 King Street; zoned CD/Commercial Downtown. Applicant: Old Towne Food Service Corporation, by Julian Karpoff.
COMMISSION ACTION: Deferred 7-0
Reason: Applicant requests deferral.
18. MPA #94-008 -- POTOMAC YARD: 901 SLATER'S LANE - Public Hearing and Consideration of a request for an amendment to the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan to change the development permitted on the piggyback yard portion of the Potomac Yards (the area north of Slater's Lane between the Metrorail tracks and the Potowmack Crossing Condominiums) without a Coordinated Development District Special Use Permit (CDD SUP). Currently without a CDD SUP the applicant is permitted to develop the site at RB/Townhouse densities. The proposed change would allow an increase in development at CRMU-L/Commercial Residential Mixed Use-Low densities. Applicant: RF&P Corporation, by Harry P. Hart, attorney.
COMMISSION ACTION: Deferred 7-0
Reason: Applicant requests deferral.
19. REZONING #94-010 - TA #94-005 -- POTOMAC YARD: SLATER'S LANE - Public Hearing and Consideration of a request to change the underlying zoning of the piggyback yard from RB/Residential to CRMU-L/Commercial Residential Mixed Use-Low, with a proffer limiting development to 580 residential units and 31,000 square feet of commercial development at heights up to 58 feet with special use permit approval. The 23.37-acre site is zoned CDD #10/Coordinated Development District, Potomac Yard/Greens. Applicant: RF&P Corporation, by Harry P. Hart, attorney.
COMMISSION ACTION: Deferred 7-0
Reason: Applicant requests deferral.
20. REZONING #94-005 -- 91 SOUTH EARLY STREET; 3681 WHEELER AVENUE - Public Hearing and Consideration of a request to remove proffers from the properties to permit development and use in accordance with the CSL/Commercial Service Low zone. Applicant: Early Street Properties, LLC, by Simpson Development Company, Donald F. Simpson, Sr.
COMMISSION ACTION: Deferred 7-0
Reason: Applicant requests deferral.
21. SUP #94-0308 -- 91 SOUTH EARLY STREET; 3681 WHEELER AVENUE - Public Hearing and Consideration of a request for a special use permit, with development plan, to construct a residential Townhouse cluster with tandem parking; zoned CSL/Commercial Service Low. Applicant: Early Street Properties, LLC, by Simpson Development Company, by Donald F. Simpson, Sr.
COMMISSION ACTION: Deferred 7-0
Reason: Applicant requests deferral.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, at 10:00 a.m., the Public Hearing Meeting of Saturday, November 12, 1994, was adjourned. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
APPROVED BY:
PATRICIA S. TICER MAYOR
ATTEST:
Beverly I. Jett, CMC, City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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