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Public Hearing Meeting
Saturday, September 17, 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. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Sanderson, Director of Real Estate Assessments; Ms. Steele, Deputy City Manager; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mrs. Godwin, Director of Management and Budget; Ms. Federico, Director of Historic Alexandria; Mr. Schott, Director of General Services; Mr. Neckel, Director of Finance; Ms. Hansen, Deputy Director of Housing; Ms. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Mr. Radauskas, Director of Code Enforcement; Mr. Crabtree, Chief of Surveys; and Lieutenant Robbins, 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.

2. Public Discussion Period.

(a) Michael Brown, 18 East Custis Avenue, president, Del Ray Citizens Association, spoke against the operation of Needle Exchange Programs (NEPs) in the City. He also spoke to the letter just received from Governor Allen's administration firmly opposing Needle Exchange Programs.

Mayor Ticer stated that this is certainly not an issue that has been initiated here and there are no plans to have it on Council's agenda.

(A copy of the Del Ray Citizens Association's letter dated September 17, 1994, together with resource material, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item 2(a); 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the letter dated September 16, 1994, from the Office of the Governor to Mayor Ticer is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 2(a); 9/17/94, and is incorporated herewith as part of this record by reference.)




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(b) Elizabeth A. Harrison, 303 Aspen Place, spoke on behalf of several hundred concerned citizens, who seek to preserve one of the few remaining natural forest habitats in the City. They are opposed to the Park and Recreation Commission's proposed plan to pave a bicycle trail through Forest Park from Roan Lane to Francis Hammond Parkway.

Ms. Harrison indicated that she has researched the deed for the property and found that the grantor specifically states that the City of Alexandria shall have no right to construct a bicycle trail over the easement. She spoke to Buffie Brownstein with respect to this who indicated that the City had already established a bicycle trail on this property as part of the 1978 bicycle trail plan, three years after the deed was written. Ms. Harrison requested that the city recognize that this provision of the law is invalid and immediately put a halt to this project. She also requested that the city council research this information further and report back to the people at a future meeting of the City Council.

Mr. Kauffman, Director of Recreation, Parks and Cultural Activities, stated that the subject of the bike trail through Forest Park connecting Chinquapin with Janney's Lane and Francis Hammond Parkway, is a subject of a public hearing before the Park and Recreation Commission for the purposes of getting input. He stated that they recognize there is some controversy to this even though the plan has been part of the CIP and the Park Master Plan for some time. He indicated that they would listen to those on September 22, 1994, and a recommendation by the Park Commission and perhaps a compromise can be reached that will not involve paving.

Vice Mayor Donley requested that prior to the public hearing that staff take a look at the deed issue. He indicated that we want to be consistent. He directed questions to Mr. Kauffman.

(A copy of the deed is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (c); 9/17/94, and is incorporated herewith as part of this record by reference.)

(c) John Chapman Gager spoke during this period.

New Business Item No. 1: Vice Mayor Donley stated that he had a meeting yesterday with the Inner City Civic Association, that showed him a lot of pictures of some problems that they are having in the area. There is a lot of trash, in particular, close to or in the proximity of the Jefferson Houston Elementary School. There were complaints about nuisance activity. He stated that this is coming after the City has invested a fair amount of resources in this area, additional police and everything else. He questions a little bit the deployment of the resources, but potentially the effectiveness of those resources. With the City Manager's concurrence, he requested that a mini-summit be scheduled between the leaders of the PTA, the Civic Association, with Department Heads, so that there is no mistake in the communication about what needs to be done there. He asked that Park and Recreation, Transportation and Environmental Services, the Police Department, the schools and the City Manager's Office, to schedule something at the staff level. He stated what he finds particularly disturbing is the amount of activity that occurs on or close to Jefferson Houston Elementary School. The plan should include picking up of the trash, cutting back the bushes, providing some type of patrol or some type of vigilance regarding outsiders on the school grounds, particularly activities that occur in daylight hours after school while the kids are walking home.

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Vice Mayor Donley requested that the City Manager convene this meeting so that there is no question as to the sentiments of the PTA and the Civic Association and there can be some direct communication with the Department Heads that are involved with a lot of these activities in the City government and the schools.

Council Member Rich concurred with Vice Mayor Donley's remarks. He also expressed concern about the litter and beer bottles on the school grounds, as well as one or more homeless people camped out on the school grounds.

Councilman Euille supported what Vice Mayor Donley stated. He also encouraged the Manager and the Department Heads not to focus their attention solely on the Inner City. This problem is throughout the entire City. He stated that the residents and the Civic Association in Lynhaven and others around the entire City have stated similar concerns.

The City Manager stated that Vice Mayor Donley discussed this matter with her yesterday and showed her the pictures of the trash and debris which also included a homeless person sleeping on the grounds at Jefferson Houston in some shrubbery. She stated that the first meeting probably should be the appropriate City departments, the schools, the school maintenance, the principal of Jefferson Houston, the president of the PTA and representatives of the Inner City. Then staff will move to other parts of the City from there.

Councilwoman Pepper addressed Docket Item No. 15 which is 221 North West Street, right there at the school. There is an alley behind that address that is just appalling. She would like to have somebody look at that. It is 1/2 block from the school. She stated that there was a discarded stove in the alley, a sofa waiting to be picked up and piles of debris. She requested that Code Enforcement and others go through that alley. It is quite close to the school.

New Business Item No. 2: Mayor Ticer stated that several Members of Council were at the replaquing of a time capsule at G. W. Junior High School. It had been buried in 1949. A school group researched exactly where it was. Today was the dedication for the new plaque. She stated that the City was founded in 1749, so the time that they are going to dig up the time capsule is 2049. They gave the City a plaque to hang in City Hall, she pointed out that there was a glaring mistake on it. They stated that, the City "fathers" are requested to open the cylinder during the celebration of Alexandria's tri-centennial, September 17, 2049. It was an excellent project that the kids did in researching this.







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 28
Planning commission
WITHOUT OBJECTION, CITY COUNCIL REMOVED DOCKET ITEM NOS. 5, 7, AND 11 FROM THE ACTION CONSENT CALENDAR. NOTE: CITY COUNCIL INCLUDED DOCKET ITEM NOS. 29, 30, 37, 38, THE DEFERRAL/WITHDRAWAL CONSENT CALENDAR AND DOCKET ITEM NO. 59 IN THE MOTION TO APPROVE THE ACTION CONSENT CALENDAR.

3. SUP #2047-C - Public Hearing and Consideration of a request for a special use permit to operate a vehicle towing and impound lot with office trailer located at 3120 Colvin Street; zoned I/Industrial. Applicant: T.R. Limited, by Jonathan C. Dean.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated July 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/17/94, and is incorporated herewith as part of this record by reference.)

4. SUP #1778-G - Public Hearing and Consideration of a request for a special use permit to delete the condition for the expiration date of the automobile repair garage located at 311 North Henry Street; zoned CL/Commercial Low. Applicant: Charles J. Rokus.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated July 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/17/94, and is incorporated herewith as part of this record by reference.)

6. TA #94-010 - Public Hearing and Consideration of a text amendment to allow open air food and crafts markets in the CL, CSL, CC, CG, CD, CDX, CR, OC, OCM(50), OCM(100), OCH, CRMU-L, CRMU-M, CRMU-H, W-1, CDD, POS, and WPR zones by special use permit. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/17/94, and is incorporated herewith as part of this record by reference.)

8. VACATION #94-006 - Public Hearing and consideration of a request for vacation of a portion of the public street right-of-way at 2000 Duke Street; zoned CDD#1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney; and appointment of Viewers for same.

COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/17/94, and is incorporated herewith as part of this record by reference.)







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9. SUP #1232-E - Public Hearing and Consideration of a request for a special use permit to expand the used automobile sales business located at 2412 Jefferson Davis Highway; zoned I/Industrial. Applicant: Lindsay Cadillac Company, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/17/94, and is incorporated herewith as part of this record by reference.)

10. SUP #2582-C - Public Hearing and Consideration of a request for a special use permit for expansion of a used automobile sales facility for Alexandria Toyota located at 2514 Jefferson Davis Highway; zoned I/Industrial. Applicant: Alexandria Toyota, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/17/94, and is incorporated herewith as part of this record by reference.)

12. SUP #2715-A - Public Hearing and Consideration of a review of a special use permit for a vehicle towing service and impound lot located at 3203 Colvin Street; zoned I/Industrial. Applicant: Henry's Wrecker Service, Inc., by Richard A. Quinn.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/17/94, and is incorporated herewith as part of this record by reference.)

13. SUP #2822 - Public Hearing and Consideration of a request for a special use permit to install lighting in the parking lot at Cameron Run Regional Park located at 4001 Eisenhower Avenue; zoned POS/Public Open Space. Applicant: Northern Virginia Regional Park Authority, by Tod Hafner.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/17/94, and is incorporated herewith as part of this record by reference.)

14. SUP #2823 - Public Hearing and Consideration of a request for a special use permit for a tanning salon (health club) located at 1514 King Street; zoned OCH/Office Commercial High. Applicant: Ron G. Rice.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/17/94, and is incorporated herewith as part of this record by reference.)





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15. SUP #2825 - Public Hearing and Consideration of a request for a special use permit to allow tandem parking for a single-family residential dwelling to be located at 221 North West Street; zoned RB/Residential. Applicant: Wanda Carter and Sarah Allen.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/17/94, and is incorporated herewith as part of this record by reference.)

16. SUP #2826 - Public Hearing and Consideration of a request for a special use permit for a child care home located at 4702 Richmarr Place; zoned R-8/Residential. Applicant: Kimberly Jo Patire.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/17/94, and is incorporated herewith as part of this record by reference.)

17. SUP #2827 - Public Hearing and Consideration of a request for a special use permit for a child care home located at 3007 Manning Street; zoned R-8/Residential. Applicant: Rita Robertson.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/17/94, and is incorporated herewith as part of this record by reference.)

18. SUP #2832 - Public Hearing and Consideration of a request for a special use permit to expand a noncomplying automobile repair garage located at 500-510 North Fayette street; zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Dennis Whitestone, Joseph Kelly, Stephen Schwartz, t/a Automotive Service Garage, Inc.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/17/94, and is incorporated herewith as part of this record by reference.)

19. SUP #2835 - Public Hearing and Consideration of a request for a special use permit for general automobile repair located at 3040-3106 Colvin Street; zoned I/Industrial. Applicant: Beiro Truck and Tractor Service, by Christopher J. Beiro.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/17/94, and is incorporated herewith as part of this record by reference.)






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20. SUP #2836 - Public Hearing and Consideration of a request for a special use permit for an increase in floor area ratio for the retail and office building at 915 King Street; zoned CD/Commercial Downtown. Applicant: Anthony M. Fabrizio, Jr.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/17/94, and is incorporated herewith as part of this record by reference.)

21. ENCROACHMENT #94-009 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a bay window located at 915 King Street; zoned CD/Commercial Downtown. Applicant: Wellington Goddin, Trustee.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/17/94, and is incorporated herewith as part of this record by reference.)

22. SUP #2839 -Public Hearing and Consideration of a request for a special use permit for a farmers market located at 2311-2313 Mount Vernon Avenue; zoned CL/Commercial Low. Applicant: The Avenue Partnership, by Karen A. Johnson.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/17/94, and is incorporated herewith as part of this record by reference.)

23. SUP #2837 - Public Hearing and Consideration of a request for a special use permit for a comprehensive sign program located at 4900-5000 Seminary Road; zoned CDD#4/Coordinated Development District, Winkler Tract. Applicant: The Mark Winkler Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/17/94, and is incorporated herewith as part of this record by reference.)

24. ENCROACHMENT #94-007 - Public Hearing and Consideration of a request for encroachment into the public street right-of-way for a replacement freestanding sign located at 4900-5000 Seminary Road at Nottingham Drive; zoned CDD#4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by Jeffrey S. Black.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/17/94, and is incorporated herewith as part of this record by reference.)





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25. ENCROACHMENT #94-008 - Public Hearing and Consideration of a request for encroachment into the public right-of-way for parking spaces for the Oakville Industrial Park property located at 2610 Jefferson Davis Highway; zoned I/Industrial. Applicant: G & E Oakville Corporation, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/17/94, and is incorporated herewith as part of this record by reference.)

26. SUP #2834 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant located at 700 King Street; zoned CD/Commercial Downtown. Applicant: California Pizza Kitchen Restaurant, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/17/94, and is incorporated herewith as part of this record by reference.)

27. SUP #2818 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct four residential townhouse units. A special use permit is required to allow private street frontage instead of public street frontage, and to allow tandem parking. Modifications to yards are requested. The site, located at 503 Mount Vernon Avenue, contains 0.29 acre; zoned CSL/Commercial Service Low. Applicant: Robert C. Byrnes.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/17/94, and is incorporated herewith as part of this record by reference.)

28. SUP #2829 - Public Hearing and Consideration of a request for a special use permit to allow a variety of future noncomplying and special uses as a group on the property located at 4536-4598 Eisenhower Avenue; zoned OCM-100/Office Commercial Medium. Applicant: Claremont Associates Limited Partnership, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/17/94, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

The following items were included in the motion adopting the Action Consent Calendar:







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
29. BAR-94-65 - Public Hearing on and Consideration of an Appeal from the decision of the Board of Architectural Review, Old and Historic Alexandria District, in regard to the granting of a certificate of appropriateness to capsulate portions of the rear of the building at 412 Queen Street. Appellant: John F. DePodesta.

(A copy of the Board of Architectural Review, Old and Historic Alexandria District, report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the Appeal dated June 29, 1994, is on file in the office of the City Clerk and Clerk Of council, marked Exhibit No. 2 of Item No. 29; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 9, 1994, from the appellant requesting that the appeal be withdrawn because the applicant has agreed to revisions to his earlier plans to accommodate concerns which had been raised, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 9/17/94, and is incorporated herewith as part of this record by reference.)

Planning Commission (continued)

30. SUP #2700-A - Public Hearing and Consideration of a request for a special use permit for extension of time for the office trailer at 1706 Osage Street, 1700 West Braddock Road, Radford Street and Kenwood Avenue; zoned RC/Residential. Applicant: Pulte Home Corporation, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated July 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 8, 1994, from Mr. Blair, attorney for the applicant, which requests a withdrawal of this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 9/17/94, and is incorporated herewith as part of this record by reference.)

37. SUP #2817 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 914 Juniper Place; zoned R-8/Residential. Applicant: Xipa Maninat.
COMMISSION ACTION: Recommend Denial 5-1

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 9/17/94, and is incorporated herewith as part of this record by reference.







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A copy of a letter dated September 14, 1994, from Mr. Raffucci, Jr., attorney for the applicant, which requests that this item be withdrawn, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 37; 9/17/94, and is incorporated herewith as part of this record by reference.)

38. VACATION #94-009 - Public Hearing and Consideration of a request for vacation of the public street cul-de-sac right-of-way of Valley Forge Drive at the 200 block of South Pickett Street; zoned RC/Residential. Applicant: Unit Owners Association of Hillwood Condominium, by Jerry Lake, president; and appointment of Viewers for same.
COMMISSION ACTION: Recommend Denial 6-0*

(A copy of the Planning Commission report dated September 8, 1994 , is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 12, 1994, from Mr. Palmieri, attorney for applicant, 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. 38; 9/17/94, and is incorporated herewith as part of this record by reference.)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (49 - 58)

49. SUP #2815 - Public Hearing and Consideration of a request for a special use permit to operate a funeral home at 1319 Powhatan Street; zoned CSL/Commercial Service Low. Applicant: BJN Corporation, t/a Lewis Funeral Home, by Phillip Bell.

COMMISSION ACTION: Deferred 6-0

50. TA #94-011 - Public Hearing and Consideration of a text amendment to amend the I/Industrial zone to require a special use permit for any use of land that abuts land zoned for residential use. Staff: Department of Planning and Community Development

COMMISSION ACTION: Deferred by Staff

51. SUP #2253-I - Public Hearing and Consideration of a request for special use permit to amend the Carlyle special use permit to allow an increase in the penthouse of the building located at 2101 Jamieson Avenue; zoned CDD#1/Coordinated Development District, Duke Street. Applicant: Carlyle Towers, Limited Liability Corporation, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Deferred 6-0

52. SUP #2276-B - Public Hearing and Consideration of a request for a special use permit to change the hours of operation of the automobile service station located at 501 South Washington Street; zoned CL/Commercial Low. Applicant: Exxon Company, U.S.A., by Nan E. Terpak, attorney.

COMMISSION ACTION: Deferred 6-0
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53. SUP #2625-A - Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of the carry-out restaurant located within the Van Dorn Plaza Shopping Center at 277 South Van Dorn Street; zoned CG/Commercial General. Applicant: Good fortune Enterprises, Inc., by Hua Ying Kuang.

COMMISSION ACTION: Deferred 6-0

54. SUP #2717-A - Public Hearing and Consideration of a review of a special use permit for a fraternal organization located at 2417 Mount Vernon Avenue; zoned CL/Commercial Low. Applicant: Stepping Stones Club, Inc., by Frank M. McIntyre.

COMMISSION ACTION: Deferred 6-0

55. SUP #2828 - Public Hearing and Consideration of a request for a special use permit for a child care home located at 1337 Pendleton Street; zoned RB/Residential. Applicant: Phyllis C. Patterson.

COMMISSION ACTION: Withdrawn 6-0

56. SUP #2824 - Public Hearing and Consideration of a request for a special use permit to relocate restaurant seats from portions of the Fish Market 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 6-0.
Reason: The applicant failed to meet the legal notice requirements.

57. SUP #2727-B - Public Hearing and Consideration of a request for a special use permit to change the hours of operation and allow exterior lighting at the automobile sales and auction business located at 110 South Floyd Street; zoned I/Industrial. Applicant: Tri-Star Enterprises, Inc., by Christopher J. Fanzo.

COMMISSION ACTION: Recommend Withdrawal 6-0

58. VACATION #94-008 - Public Hearing and Consideration of a request for vacation of the public right-of-way adjoining the property located at 4007 Mount Vernon Avenue; zoned CL/Commercial Low. Applicant: United Action Corporation, t/a 24 Express, Paul N. Papageorge.

COMMISSION ACTION: Deferred 6-0
Reason: The applicant failed to meet the legal notice requirements.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
ORDINANCES AND RESOLUTIONS (continued)
CONSENT CALENDAR
59. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Alexandria Zoning Ordinance to authorize open-air food and craft markets in various commercial and mixed-use zones.

(A copy of the ordinance referred to in the above item, of which each member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 59; 9/17/94, and is incorporated herewith as part of this record by reference.
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A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 59; 9/17/94, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 5, 7 and 11, which were considered under separate motions, and noted the withdrawal of Docket Items Nos. 29, 30 and 37 and the deferral of Docket Item No. 38, and noted the deferrals and withdrawals on the Deferral/Withdrawal Consent Calendar 49-58, and included Docket Item No. 59 under the Action Consent Calendar. 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 and amended Condition #12.

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.

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.

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, and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Rose Berler, Chair, and Jean Caldwell and Joan Furtaw, as Viewers.

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.

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.

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

15. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

16. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

17. 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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18. 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 amended conditions #2, #10 and #13 and deleted condition #14.

19. 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 #12.

20. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

21. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

22. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

23. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

24. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

25. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

26. 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.

27. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

28. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

29. City Council noted the withdrawal.

30. City Council noted the withdrawal.

37. City Council noted the withdrawal.







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38. City Council deferred public hearing and consideration of this item until the Public Hearing Meeting on Saturday, October 15, 1994.

49. City Council noted the deferral.

50. City Council noted the deferral by staff.

51. City Council noted the deferral.

52. City Council noted the deferral.

53. City Council noted the deferral.

54. City Council noted the deferral.

55. City Council noted the withdrawal.

56. City Council noted the deferral.

57. City Council noted the withdrawal.

58. City Council noted the deferral.

59. City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, September 27.

The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"







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5. SUP #2816 - Public Hearing and Consideration of a request for a special use permit to add outdoor seating to the restaurant located at 642 South Pickett Street; zoned I/Industrial. Applicant: N M C Limited, d/b/a Nick's, Nick J. Dugovich, by Cheryl Crider.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission Report dated July 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the letter from Environmental Recycling, Inc. dated September 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Nick J. Dugovich, applicant, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland 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 amended Conditions #5 and #6. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer out of room Rich "aye"
Walker "aye"

7. VACATION #94-007 - Public Hearing and Consideration of a request for vacation of the public right-of-way at 2345, 2347 and 2365 Mill Road and Jamieson Avenue; zoned CDD#1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation and Thomas Andrews, by Jonathan P. Rak, attorney; and appointment of Viewers for same.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:
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WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilmen Euille and Cleveland and carried unanimously, 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 authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Susan Kilpatrick, Chair, and Angus Lamond and Mimi Zwerling, as Viewers. The voting was as follows:

Donley "aye" Ticer "aye"
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Walker "aye"

11. SUP #2456-G - Public Hearing and consideration of a review of a special use permit for an automobile body and paint repair garage located at 3700 Jefferson Davis Highway; zoned CDD#7/Coordinated Development District, Route 1 Properties. Applicant: Bijan's Car City, Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/17/94, and is incorporated herewith as part of the record by reference.)

(The following person participated in the public hearing on this item:

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and removed Condition #23. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

At this point, City Council considered Docket Item No. 40 out of order.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
40. SUP #2784-A - Public Hearing and Consideration of a request for a special use permit to amend conditions concerning the hours of operation, the types and number of vehicles, and number of employees for the limousine dispatch and storage business located at 1331-1333 Powhatan Street; zoned CSL/Commercial Service Low. Applicant: Boston Coach, Inc., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0




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(A copy of the Planning commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried unanimously, 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 amended condition #7. The voting was as follows:

Donley "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

31. Public Hearing on and Consideration of the Report from the Working Group on the Torpedo Factory. (#16 6/14/94)

(A copy of the City Manager's memorandum dated June 1, 1994, together with the Report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 31; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated September 16 1994, is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 2 of Item No. 31; 9/17/94, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 31; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a partial verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 4 of Item No. 31; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:
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H. Alan Young, 1301 Duke Street, spoke in support of the minority report;

Murney Keleher, 317 South Royal Street, president, Torpedo Factory Artists' Association, spoke in support;

Richard G. Wohltman, 908 King Street, Suite 700, attorney representing the Torpedo Factory Art Center, spoke in support and answered questions asked by the Members of Council;

Penny C. Barringer, 3914 South 12th Street, Arlington, treasurer, Torpedo Factory Artists' Association, spoke in support and answered questions asked by Members of Council;

(Ms. Federico, Director of Historic Alexandria, answered questions asked by Members of Council with respect to number of visitors and how they are counted and the type of events held at the Torpedo Factory Center.)

Donald M. Cohen, 4521 Peacock Avenue, representing the Torpedo Factory Art Center, spoke in support;

Kim Roberts, 626 Quebec Place, N.W., Washington, D.C., executive director, Friends of the Torpedo Factory Art Center, spoke in support;

Matthew Johnston, 3420 16th Street, Washington, D.C., representing the Torpedo Factory Art Center, spoke in support;

Larry Robinson, 6211 South St. Asaph Street, representing the Old Town Civic Association, spoke in support;

Marian VanLandingham, 1100 Cameron Street, representing the Torpedo Factory Art Center, spoke in support and gave a history of the Center;

Edwin H. Seeger, 213 South Fairfax Street, spoke in support;

Gil Zimmerman, 601 Princess Street, spoke to repurchasing the Center;

(The City Manager spoke to the issue of repurchasing.)

Charles Bailey, 3307A Commonwealth Avenue, BFAAC representative on the Torpedo Factory Working Group, spoke in support; and

Amanda Lasker, 325 Cameron Street, Chamber of Commerce representative on the Torpedo Factory Working Group, spoke in support.)

(General Discussion. Vice Mayor Donley stated that one of the elements that he would be interested in is which artists have been there 1 to 5 years, 5 to 10 years, 10 to 15 years, and so on, so that we can get an idea of what the distribution is.

Council Member Rich asked questions to the turnover issue and if there are any minimum standards other than to pay rent.

Councilwoman Pepper stated that one of the options that might be available to us is ask BFAAC if they would look into whether or not it would be a good move at this time for us to consider purchasing the Torpedo Factory.


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The City Manager stated that when in 1983 the City sold Building 2 of the Torpedo Factory there was a provision in there that in fifteen years, which will be April 1998, the City had the option of purchasing back that building for 3.9 million dollars or the market value whichever was higher. She indicated that she will have the office of Management and Budget, the City Attorney and BFAAC to look into it. She stated that she does not believe that the way the contract is structured that the City has the option of unilaterally changing the date that it's going to be available to us or under what terms. She stated that the city has a promissory note yield that will cover approximately 3.4 million dollars of that, so they estimate that the difference will run around $475,000. She indicated that they are planning for it and strongly recommend that that building be repurchased at that time. They can look at whether or not it is to our advantage, if the other parties to this contract agree to it, to purchase it at a time sooner than April 1998. She indicated they have planned this, and the money has been set aside for most of it. She stated that the difference between what the City will have to pay for the Torpedo Factory which is estimated to be around $475,000 is in the Capital Improvement Program budget. She stated that she is planning to recommend strongly to Council that we purchase and secure this building for the Torpedo Factory Art Center.

Mayor Ticer personally asked the Artists' Association to write down what the Artists' Association mission is and to let Council know particularly in the management study which maybe could discuss some of those items, and the continuing evaluation of the artists, the jurying maybe, but that is strictly personal, because that is the function of the Artists' Association.

Councilwoman Pepper associated with Mayor Ticer's comments and complimented the Art Center and the quality of art.

Council Member Walker applauded the work of the working group. She spoke to the minority report by Mr. Young. She indicated that one thing that Mr. Young pointed out is very important that the Torpedo Factory Art Center and all cultural activities in the City should be looked at as part of a visioning process which City Council and the rest of the citizens in this community are going to be going through to decide exactly what kind of cultural activities we want. She highlighted some of the points called for in the management study.

Council Member Rich spoke to the scope of the management study and making it broad-based. How can we make the [Art Center] even more of an attraction, even more productive and even more of a cultural impact on the region. He personally would like to see an independent study.

Councilman Cleveland stated that they are doing an excellent job at the Torpedo Factory.

City Manager Lawson spoke to the work of the Working Group. She spoke to the survey done by OMB on other Art Centers. The City Manager indicated that the management study will be a comprehensive look at management practices, rent structures, and probably every issue addressed by Mr. Young in his minority report will be looked at in the study.



19



WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the City Manager's recommendations 1 through 4 as follows: (1) Received the report from the Torpedo Factory Art Center Working Group; (2) authorized the City Manager to have staff from the Office of Management and Budget work with the artists and relevant City staff to do a management study of the City's and the Torpedo Factory Artists' Association's operation of the Torpedo Factory Art Center; (3) requested the Chamber of Commerce, the Old Town Business Association, the Artists' Association and City staff to work on a plan for the joint promotion and marketing of the Torpedo Factory Art Center and the business community to promote downtown Alexandria as a place to visit, dine and shop. Include in their discussions the merits of having the Torpedo Factory Art Center open for business in the evening compared to using the Art Center for after-hours rentals and the willingness of the business community to participate financially in the promotion of evening hours; and (4) encouraged the combined efforts of the business community and the Recreation, Parks and Cultural Activities Department to schedule entertainment, such as classical performances or family-oriented events, in the gazebo behind the Art Center that will enhance the ambiance of the area while at the same time not adversely impacting the surrounding community. The voting was as follows:

Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"






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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
32. TA #94-006 - Public Hearing and Consideration of a text amendment that would require restaurants in the Special Parking District established by Section 5-8-71(12) of the City Code to ensure that employees who drive to work not park on any public right-of-way after 5:00 p.m. by requiring such restaurants, or permitting such restaurants in lieu of other parking requirements, to implement an employee parking management plan. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated July 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/17/94, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 32; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and denied the text amendment. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

Whereupon, at 12:20 p.m., City Council recessed for lunch.

Thereupon, at 1:10 p.m., the Meeting was reconvened and the following transpired:







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33. SUP #94-0307 - Public Hearing and Consideration of a request for a special use permit to operate a carnival (amusement enterprise) from September 21 through October 2, 1994, located at 2210 Eisenhower Avenue, east of the Eisenhower Avenue Metro Station; zoned CDD #2/Coordinated Development District, Eisenhower Avenue. Applicant: Carpenter's Shelter, by Peter Lunt.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the Planning and Zoning Director's memorandum dated September 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Peter H. Lunt, 4201 Maple Tree Court, representing the applicant, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, noting the three additional conditions that the Planning Director has added in his September 16, 1994 memorandum as follows: (1) A bond in the amount of $5000 be posted to ensure that all litter and debris is removed during and at the conclusion of the event (T & ES); (2) All required fees, including staff fees, shall be paid and all permits shall be procured prior to the opening of the carnival to the public (Parks and Recreation); and (3) A minimum of two off-duty police officers on weekdays and three on the weekend days shall be hired and be on duty for security purposes (Alexandria Police). The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

NOTE: DOCKET ITEM NOS. 34 AND 35 WERE CONSIDERED TOGETHER AND ONE MOTION WAS MADE FOR BOTH ITEMS.

34. SUP #2667-B - Public Hearing and Consideration of a review of a special use permit for a public parking lot located at 333 North Fairfax Street; zoned CD/Commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/17/94, and is incorporated herewith as part of this record by reference.)


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35. SUP #2668-B - Public Hearing and Consideration of a review of a special use permit for a public parking lot located at 300 North Lee Street; zoned CD/Commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 12, 1994, from the Mancias', is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 34 and 35; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on these items:

Edna Mancias, 126 Quay Street, spoke against and recommended a six-month review; and

David Morrison, 4001 North Fairfax Drive, Arlington, representing applicant, spoke in support.

Mr. Morrison has agreed to work with Mrs. Mancias whenever there is a problem.

(General Discussion. Members of Council participated in the discussion.

Mr. Morrison and the Planning staff were requested to get together at the time the vacation of the U.S. Magistrate and the new people come to develop an acceptable solution.)

WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried unanimously, city Council approved the recommendation of the Planning Commission, as amended, and approved the requests, subject to compliance with all applicable codes, ordinances and staff recommendations, and added to Condition #10 of SUP #2667-B "and the Director of Planning and Community Development." The voting was as follows:

Euille "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

36. SUP #2719-A - Public Hearing and Consideration of a special use permit review and request to add seating and an addition to the restaurant located at 2700 Jefferson Davis Highway; zoned I/Industrial. Applicant: Qasim Abbasi, t/a Kabul Cafe.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 9/17/94, and is incorporated herewith as part of this recorded by reference.)







23


(Harry P. Hart, 307 North Washington Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, 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 #13. The voting was as follows:

Rich "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Pepper "aye"

39. SUP #2428-D - Public Hearing and Consideration of a review and revocation of a special use permit for an automobile repair garage with detailing and cleaning service and storage for limousines at 615 South Pickett Street, Units C and D; zoned CG/Commercial General. Applicant: Hazim Al Asad.
CCOMMISSION ACTION: Recommend Revocation 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 9/17/94, 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.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and revoked the special use permit. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

41. CODE SECTION 9.06, CASE #94-002 - Public Hearing, Consideration and recommendations of amendments to the Office of Housing's "Blighting Influences Program", including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties. Staff: Office of Housing.

27 West Myrtle Street
624 Notabene Drive
815 Oronoco Street
817 Oronoco Street
100 East Reed Avenue
100-1/2 East Reed Avenue

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated September 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 41; 9/17/94, and is incorporated herewith as part of this record by reference.)
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It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, 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 approved the City Manager's recommendations in her memoranda dated August 26, 1994 and September 15, 1994 as follows: (1) approved the additions and deletions of the properties listed on page 3 of the memorandum dated August 26, 1994, to the currently approved list of blighting influences in the Potomac East Conservation and Southwest Quadrant Rehabilitation Districts and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the six Potomac East and Potomac West properties to be added to the list (as listed in the memorandum); and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines; and with respect to the September 15, 1994 memorandum, City Council (1) deleted 815 Oronoco Street from those proposed to be put on the List of Blighting Influences, because the code violations have been removed; and (2) deleted the 633 North Columbus Street and 603 North Alfred Street properties, which have been on the List of Blighting Influences for several years, because the code violations have been removed. The voting was as follows:

Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Walker "aye"

42. SUP #2820 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a 65-unit townhouse development. A special use permit is required to allow private street frontage instead of public street frontage, and to allow tandem parking. Modification to reduce side yards is requested. The site, located at 205 North Breckenridge Place, contains 3.13 acres of land; zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Wanagan 0. Hairabedian, by Mark Fields, agent.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the amended Condition #21 and new Condition #37 presented by the Developer at the Public Hearing Meeting is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 16, 1994, from The Southland Corporation, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 42; 9/17/94, and is incorporated herewith as part of this record by reference.)


25


(The following persons participated in the public hearing on this item:

John B. Conner, 8280 Greensboro Drive, McLean, attorney representing Mrs. Marian Burns, spoke in support subject to the amended conditions passed out to the City Council; and

Luther Blair, 625 Slaters Lane, representing applicant, spoke in support of the project and spoke to the amended Condition #21 and new Condition #37.

General Discussion. Members of City Council, Mr. O'Kane, Director of Transportation and Environmental Services, Ms. Johnson, Division Chief, Planning and Zoning, Mr. Conner and Mr. Blair participated in the discussion.

The Developer agreed to provide a footpath to the westerly side of the open space. The Developer was requested to continue to work and consult with Mr. O'Kane, Director of Transportation and Environmental Services and Ms. Johnson, Planning and Zoning Department, before he actually does it.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Conditions #24, 31, and 35, and amended Condition #21 to read: "21. Maintain the existing driveway to the Burns, property on the east side of the site, which driveway shall be 12 feet in width adjoining the westerly boundary of the Burns' property from Lincolnia Road to the southerly line of the 30-foot outlet parcel described in Deed Book 1466 at Page 620. The exact dimensions shall be subject to approval by the City of Alexandria Department of Transportation and Environmental Services at site plan approval and after site plan approval shall be evidenced by a recorded ingress/egress easement recorded among the land records of the City of Alexandria. Such access shall be for the exclusive use of Mrs. Burns, her invitees, successors and assigns."; and added a Condition #37 to read: "37. The site plan will include a vegetative barrier, impenetrable, if possible, to the satisfaction of the City Arborist and the Director of Planning and Zoning, between Mrs. Burns' property moving westerly to the townhouse closest to Mrs. Burns' property at a location just beyond and just southerly of the 12-foot ingress/egress easement specified in Condition #21 at a location to be agreed upon during the site plan process, with the approval of appropriate officials of the City of Alexandria." The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich out of room
Walker "aye"







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43. SUP #2819 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct 29 residential townhouse units. A special use permit is required to allow private street frontage instead of public street frontage, to reduce lot sizes, and to allow compact spaces and tandem parking to meet the parking requirement. Modifications to reduce yards, front vision clearance, and on-site landscaping, and to increase the amount of paving permitted in yards are requested. The site, located between North Royal Street and North Fairfax Street, and north of Second Street, contains 0.92 acre of land; zoned CDX/Commercial Downtown, Old Town North. Applicant: Hearthstone Builders, Limited Liability Corporation, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of the letter dated September 15, 1994, from Mr. Middleton, attorney for the applicant, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 43; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with condition #1 deleted and amendments to conditions #24-A, 24-B and 24-C, and incorporated a copy of the letter, with inclusion of some drawings which were requested as part of the final approval. The letter is dated September 15, 1994, to Sheldon Lynn from Howard Middleton, and is made part of the record. The voting was as follows:

Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

44. SUP #2657-B - Public Hearing and Consideration of a review and revocation of a special use permit for the recycling facility located at 619-625 Burnside Place; zoned I/Industrial. Applicant: Brent Trucking Company, Inc., by Eric E. Zicht.

COMMISSION ACTION: Recommend Revocation 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a Mr. Lynn's memorandum dated September 16, 1994, together with a group of photograph copies, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 44; 9/17/94, and is incorporated herewith as part of this record by reference.

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A copy of a letter dated September 17, 1994, from Mr. Hart, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 44; 9/17/94, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 16, 1994, from Cristar Garage Door and Controls, Inc., is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 44; 9/17/94, and is incorporated herewith as part of this record by reference.

Copies of photographs submitted by Mr. Hart are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item No. 44; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke against the revocation of the special use permit; and

Billy Rittenberry, 8127 Norwood Drive, representative from Prestige Fire Protection, Inc., spoke to the sprinkler system.

General Discussion. Members of City Council, Mr. Hart, Mr. Brent, the applicant, and Mr. Radauskas, Director of Code Enforcement, participated in the discussion.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council closed the public hearing and deferred this item until October 15, 1994. The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "no"
Ticer "aye" Euille "aye"
Walker "aye"

45. SUP #2658-B - Public Hearing and Consideration of a review and revocation of a special use permit for an automobile repair garage located at 3120 Duke Street; zoned CG/Commercial General. Applicant: Dinh Complete Auto Repair, Inc., t/a Dinh and Siam Auto Service.
COMMISSION ACTION: Recommend Revocation 6-0

(A copy of the Planning Commission report dated September 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Stephen Bamberger, 15710 Beacon Court, Dumfries, VA, attorney representing the applicant, indicated that a contract has been signed for relocating and requested a three-months' extension to keep the business open; and

Van Ly, 3120 Duke Street, applicant, spoke in support of an extension of three months to keep the business open and then they will relocate to another area.


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(General Discussion. Members of City Council participated in the discussion.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Rich and carried unanimously, City Council reviewed the Special Use Permit with the stipulation that the permit will expire three months from the day of this approval. The voting was as follows:

Donley "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"

ORDINANCES AND RESOLUTIONS

46. Public Hearing on and Consideration of adoption of the Old Town North Urban Design guidelines. Staff: Department of Planning and Community Development. (ROLL-CALL VOTE)

(A copy of the Planning Commission memorandum dated July 5, 1994, together with the guidelines, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 46; 9/17/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Lee Quill, 1111 North Pitt Street, representing Old Town North Urban Design Advisory Committee, spoke in support; and

Jean Thompson, 801 North Pitt Street, member of the Old Town North Urban Design Advisory Committee, spoke in support.)

WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Cleveland and Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:

Rich "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Walker "aye" Euille "aye"
Pepper "aye"

The resolution reads as follows:
RESOLUTION NO. 1706
WHEREAS, the Comprehensive Master Plan calls for the development of Urban Design Guidelines to guide the Planning Commission in reviewing site plan and discretionary zoning permit applications; and

WHEREAS, a duly advertised public hearing on said Urban Design Guidelines was held on the 5th of July, 1994, by the Planning Commission, with all public testimony and written comment considered; and

WHEREAS, a duly advertised public hearing on said Urban Design Guidelines was held on the 17th of September, 1994, by City Council, with all public testimony and written comment considered; and




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WHEREAS, the Council finds that:

1. The Department of Planning and Community Development, working with local citizens, has made appropriate surveys and studies of the existing conditions in Old Town North; and

2. The said Urban Design Guidelines are necessary or desirable to guide and accomplish a coordinated and harmonious development in Old Town North; and

3. The said Urban Design Guidelines are generally consistent with the Comprehensive Master Plan goals and objectives;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria that:

1. THE OLD TOWN NORTH URBAN DESIGN GUIDELINES is hereby adopted in its entirety.

2. This resolution shall take effect immediately upon its adoption.


47. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to provide an encroachment into the public sidewalk right-of-way at 1209-1211 King Street, for a bay window. (#18 9/13/94) (ROLL-CALL VOTE)

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 Councilman Cleveland 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" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3750

AN ORDINANCE authorizing the owners of The Lamplighter, a retail business occupying the real property at 1209-1211 King Street, the owners of said property and any successors to the owners of The Lamplighter or of the property to establish and maintain an encroachment into the public sidewalk right-of-way at 1209-1211 King Street, in the City of Alexandria, Virginia.

WHEREAS, The Lamplighter is a retail business occupying the real property located at 1209-1211 King Street, in the City of Alexandria, Virginia; and

WHEREAS, the owners of The Lamplighter desire to establish and maintain a storefront bay window which will encroach into the public sidewalk right-of-way at 1209-1211 King Street, in the City of Alexandria, Virginia; and

WHEREAS, the public right-of-way at that point on King Street will not be significantly impaired by this encroachment; and

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WHEREAS, this encroachment has been approved, subject to certain conditions, by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the owners of The Lamplighter, a retail business occupying the real property at 1209-1211 King Street, the owners of said property and any successors to the owners of The Lamplighter or of the property (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public sidewalk right-of-way at 1209-1211 King Street, in the City of Alexandria, said encroachment consisting of a storefront bay window, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment, and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that, in the event the City shall, in he future, have need for the area of the proposed encroachment, the applicant shall remove any structure or projection that encroaches into the public right-of-way, within 60 days, upon notification by the City.

Section 3. That the authorization hereby granted to establish and maintain the encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.




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Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in Section 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.

PATRICIA S. TICER
Mayor

Introduction: 9/13/94
First Reading: 9/13/94
Publication: 9/14/94; 9/15/94
Public Hearing: 9/17/94
Second Reading: 9/17/94
Final Passage: 9/17/94



48. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate approximately 2,890 square feet of Timberbranch Parkway that lie adjacent to property at 426 Timberbranch Parkway. (#19(b) 9/13/94) (ROLL-CALL VOTE)

The City Clerk read the docket item.

It was noted that Ben Brenman, Chair of the Viewers Committee, was available to answer questions.





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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. 3751

AN ORDINANCE to vacate a 2,890 square foot portion of the public street right-of-way of Timberbranch Parkway, 176.47 feet in length by 100.85 feet in depth, adjacent to the residential property located at 426 Timberbranch Parkway, in the City of Alexandria, Virginia.

WHEREAS, Ivan J. and Katherine Porterfield ("Applicants"), who own the property at 426 Timberbranch Parkway in the City of Alexandria, Virginia, have applied for the vacation of a 2,890 square foot portion of Timberbranch Parkway, measuring 176.47 feet in length by 100.85 feet in depth, which abuts their property at 426 Timberbranch Parkway; and

WHEREAS, the portion of the public street right-of-way to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated May 11, 1994 ("Plat") (attached hereto); and

WHEREAS, the vacation of this portion of the public street right-of-way 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, the city's real estate assessor has determined that the fair market value of the portion of the public street right-of-way to be vacated by this ordinance is $13,000; 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 and the condition that they purchase the portion of the public street right-of-way to be vacated by this ordinance for $13,000, the Council of the City of Alexandria has concluded that the 2,890 square foot portion of the public street right-of-way of Timberbranch Parkway is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the 2,890 square foot portion of the public street right-of-way of Timberbranch Parkway, as designated on the Plat as "To Be Vacated", be and the same hereby is vacated.


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Section 2. That this vacation is subject to the Applicants complying with the condition that they purchase the above-described portion of the public street right-of-way of Timberbranch Parkway for $13,000 and with each of the conditions set forth below:

(a) Applicants shall consolidate the portion of the public street to be vacated by this ordinance with their property and provide a plat of consolidation, prior to recordation, to the Department of Planning and Zoning; and

(b) If Applicants, or any successors to the property at 426 Timberbranch Parkway, elect to subdivide the consolidated property, they shall not seek any variances from any provisions of the City of Alexandria Zoning Ordinance.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment of $13,000 referenced in Section 2 above, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 4. 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 5. 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 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the payment of $13,000 has been made to the city by the Applicants and the condition set forth above in Section 2(a) has 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 as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the condition set forth in Section 2 (a) has been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of PORTERFIELD, and such recordation shall be done by the Applicants at their own expense.

PATRICIA S. TICER
Mayor

Attachment: Vacation Plat

Introduction: 9/13/94
First Reading: 9/13/94
Publication: 9/14/94; 9/15/94
Public Hearing: 9/17/94
Second Reading: 9/17/94
Final Passage: 9/17/94







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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, at 2:50 p.m., the Public Hearing Meeting of Saturday, September 17, 1994, was adjourned. The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "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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