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Public Hearing Meeting
Saturday, March 18, 1995 - - 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; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, and Mr. Cox, Urban Planner II, Planning and Zoning; Mr. Radauskas, Director of Code Enforcement; Ms. Hansen, Deputy Director of Housing; 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.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 11)
Planning Commission
3. TA #95-03 -- ADMINISTRATIVE APPROVAL FOR MINOR AMENDMENTS TO SPECIAL USE PERMITS - Public Hearing and Consideration of a text amendment to Sections 11-509 and 11-511 (Development Approvals and Procedures; Special Use Permit; changes in Permitted Use and administrative Approval of Minor changes) of the Zoning Ordinance to repeal the sunset provisions under which administrative authority for minor amendments expires on March 19, 1995. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 3/18/95, and is incorporated herewith as part of this record by reference.)


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4. SUP #94-0364 -- 951 NORTH FAIRFAX STREET -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned OCM-50/Office Commercial Medium. Applicant: Fillmore, Inc., by J.P. Lewis.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/18/95, and is incorporated herewith as part of this record by reference.)

5. SUP #94-0388 -- 500 KING STREET -- LA MADELEINE RESTAURANT - Public Hearing and Consideration of a review of a special use permit for a restaurant with carry-out service; zoned CD/Commercial Downtown. Applicant: La Madeleine, by Michael R. Wheeler.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/18/95, and is incorporated herewith as part of this record by reference.)

6 . SUP #94-0004 -- 512 SOUTH VAN DORN STREET, #B -- VAN DORN STATION SHOPPING CENTER - Public Hearing and Consideration of a request for a special use permit for a carry-out restaurant; zoned CG/Commercial General. Applicant: Bashir A. Atayee. COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/18/95, and is incorporated herewith as part of this record by reference.)

8. SUP #95-0008 -- 1213 KING STREET - Public Hearing and Consideration of a request for a special use permit for a parking reduction (off-site parking) for proposed residential use; zoned CD/Commercial Downtown. Applicant: John Savage, architect.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/18/95, and is incorporated herewith as part of this record by reference.)

11. SUP #95-0007 -- 3600 JEFFERSON DAVIS HIGHWAY -- BIJAN'S AUTO - Public Hearing and Consideration of a review of a special use permit for the automobile sales business; zoned OC/Office Commercial. Applicant: Bijan's Auto Sales.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/18/95, and is incorporated herewith as part of this record by reference.)







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19. ENCROACHMENT #95-0001 -- 118 KING STREET -- TROMPE L'OEIL PLAZA - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a bay window; zoned CD/Commercial Downtown. Applicant: Richard Wieboldt.

COMMISSION ACTION: Recommend Denial 5-2.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/18/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Wieboldt's letter dated March 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 3/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried unanimously, City Council withdrew Item Nos. 7, 9 and 10 from the Action Consent Calendar and considered them under separate motions, approved the Action Consent Calendar Item Nos. 1 through 6, 8 and 11, as presented, and noted the deferral of Item No. 19 to the April 22, 1995 Public Hearing Meeting. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the text amendment.

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.

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.

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

19. City Council deferred this item until the April 22, 1995 Public Hearing Meeting.

END OF ACTION CONSENT CALENDAR
The voting was as follows:
Donley "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich "aye"







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7. SUP #95-0006 -- 15 LEADBEATER STREET - Public Hearing and Consideration of a review of a special use permit for a child care home; zoned R-2-5/Residential. Applicant: Dorothy Rush.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman 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. The voting was as follows:

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

9. SUP #95-0012 -- 3225 DUKE STREET -- HECHINGER COMMONS - HANNIBAL'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of the restaurant; zoned CG/Commercial General. Applicant: Hannibal's Coffee Company, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/18/95, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Arrighetti dated March 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 3/18/95, and is incorporated herewith as part of this record by reference.)







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WHEREUPON, upon motion by Councilman Euille, 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. The voting was as follows:

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

10. SUP #95-0014 -- 4618 KING STREET -- TRIPS PIZZA - Public Hearing and Consideration of a request for a special use permit for a restaurant with carry-out service; zoned, OCM-100/Office Commercial Medium. Applicant: Trips Pizza, Inc., by Thomas L. Poe.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/18/95, 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 approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the deletion of Condition #15. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning commission (continued)
12. SUP #94-0394 -- 220 SOUTH UNION STREET -- VILLAGE ON THE STRAND - Public Hearing and Consideration of a request for a special use permit, with development plan, for a residential multi-family building with first-floor commercial uses. A special use permit is requested to allow the commercial uses to be retail and personal service, to increase the floor area ratio from 1.0 to 2.0 and to increase the height from 30 feet to 50 feet. Modifications to yards and crown coverage are requested. The property is zoned W-1/Waterfront Mixed Use. Applicant: Strand Development, L. L. C., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 5-2.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/18/95, 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. 12; 3/18/95, and is incorporated herewith as part of this record by reference.)


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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council closed the public hearing on this item; deferred consideration until the April 11, 1995 Legislative Meeting; requested that the Mayor help find a representative group of 7 or 8 people maximum who would be willing to be a part of the negotiating and any ongoing discussion to try to come to some kind of negotiated settlement, if that is possible; that those who are interested in participating should contact the Mayor's Office; staff will participate and report back to Council. The voting was as follows:

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

Thereupon, at 1:15 p.m., City Council reconvened the meeting and the following transpired:







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13. TA #95-01 -- AMEND DEFINITION OF HEIGHT OF BUILDING -- Public Hearing and consideration of a text amendment to Section 2-154 (Definitions; Height of Building) of the Zoning Ordinance to amend the definition of "height of building." Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 5-2.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/18/95, and is incorporated herewith as part of this record by reference.)

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

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

14. SUP #94-0391 -- 1400 DUKE STREET - Public Hearing and Consideration of a request for a special use permit for expansion of a commercial (technical) school with a reduction in the off-street parking requirements; zoned OCM-50/Office Commercial Medium. Applicant: Tesst Electronics and Computer Institute, by R. Wayne Moore.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/18/95, and is incorporated herewith as part of this record by reference.

A copy of a picture of the parking sign which was submitted by Mr. Young is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 3/18/95, and is incorporated herewith as part of this record by reference.)



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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 to amend Condition #2 and to add Conditions #6 and #7, and acknowledged for the record that the applicant is going to change the sign on the door. The voting was as follows:

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

15. TA #95-04 -- DRIVE-THROUGH BANKS - Public Hearing and Consideration of a text amendment to Section 4-503 (CD/Commercial Downtown Zone; Special Uses) of the Zoning Ordinance to add drive-through banks on Washington Street as a use allowed in the CD zone pursuant to a special use permit. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, 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, with an amendment that would require the drive to be contained solely on the property of the subject use. The voting was as follows:

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







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16. SECTION 9.06, CASE #95-01 -- BLIGHTING INFLUENCES LIST -- Public Hearing and 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:

COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/18/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated March 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 3/18/95, 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 simultaneously by Councilman Cleveland and Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations, and approved the City Manager's recommendations in her memorandum dated February 15, 1995, as follows: (1) approved the additions and deletions of the properties listed on page 3 of the memorandum, to the currently approved List of Blighting Influences in the Potomac East Conservation District and the Potomac West Neighborhood Strategy Area (NSA), and included the deletions listed in the City Manager's memorandum dated March 17, 1995, to the currently approved List of Blighting Influences in 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 five Potomac East and Potomac West properties to be added to the list (as listed above and on page 3 of 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. The voting was as follows:

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







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17. SUP #94-0386 3701 EISENHOWER AVENUE TOWNES AT CAMERON PARKE -- Public Hearing and consideration of a request for a special use permit, with development plan, for a residential townhouse cluster development, with outlot development and tandem parking. A modification to open space is requested. The property is zoned OCM-100/Office Commercial Medium. Applicant: The Townes at Cameron Parke, L.L.C., by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-1.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/18/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated March 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 3/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 6-to-1, 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 to amend conditions #45 and #46 and to add new condition #55, with the change to condition #11, reducing the minimum open space required to 36%, and the addition of new condition #54, outlining an on-site set aside for affordable housing, [contained in the City Manager's memorandum dated March 17, 1995]. The voting was as follows:

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

18. TA #94-12 -- AMEND CSL ZONE; INCREASE DENSITY ON SMALL LOTS -- Public Hearing and Consideration of a text amendment to Section 4-306 (B)(I), (Commercial Service Low Zone, Bulk Regulations, Floor Area Ratio, Non-residential) of the Zoning Ordinance to increase the permitted floor area ratio for small parcels in the Commercial Service Low zone. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated March 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/18/95, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker and carried unanimously, City Council referred the whole matter back to the Planning Commission and staff for further study. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code provisions regarding the declaration of a local emergency so they conform to state law. (#20 3/14/95) [ROLL-CALL VOTE]

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 Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3784

AN ORDINANCE to amend and reordain subsection (a) of Section 4-3-5 (DECLARATION OF LOCAL EMERGENCY), Chapter 3 (EMERGENCY SERVICES), Title 4 (PUBLIC SAFETY) of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (a) of Section 4-3-5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 4-3-5 Declaration of local emergency.

(a) A local emergency may be declared by the director of emergency services with the consent of council. In the event that council cannot convene due to the emergency or other exigent circumstances, the director or any member of council in the absence of the director may declare the existence of a local emergency, subject to confirmation by council at its next regularly scheduled meeting or at a special meeting within 14 days of the declaration, whichever occurs first. When in its judgment all emergency actions have been taken, council shall take appropriate action to end the declared emergency.







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Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 3/14/95
First Reading: 3/14/95
Publication: 3/15/95; 3/16/95
Public Hearing: 3/18/95
Second Reading: 3/18/95
Final Passage: 3/18/95



21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone vacated right-of-way along 2000 Duke Street and Englehardt Lane adjacent to the Carlyle site from the UT/Utilities and Transportation zone to the CDD/Coordinated Development District zone. (#21 3/14/95) [ROLL-CALL VOTE]

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 on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3785

AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the recently vacated right-of-way along the 2000 block of Duke Street and Englehardt Lane adjacent to the Carlyle site, from the UT/Utilities and Transportation zone to the CDD/Coordinated Development District zone (RZ No. 94-006), all in accordance with the said zoning map amendments heretofore approved by city council.

WHEREAS, the City Council of Alexandria finds and determines that:

1. An application has been made to amend the zoning of the recently vacated right-of-way along Duke Street and Englehardt Lane adjacent to the Carlyle site (Zoning Map and Tax Map 73.01, Block 2, Parcel No. 6) from the UT/Utilities and Transportation zone to the CDD/Coordinated Development District zone;

2. The said rezoning is in compliance with the 1992 Master Plan of the City of Alexandria, Virginia, as amended;

3. All requirements of law precedent to the adoption of this ordinance has been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 73.01 of the "Official Zoning Map of Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:

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Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 73.01 of the "Official Zoning Map of Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Attachment: Rezoning Plat

Introduction: 3/14/95
First Reading: 3/14/95
Publication: 3/15/95; 3/16/95
Public Hearing: 3/18/95
Second Reading: 3/18/95
Final Passage: 3/18/95







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22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make technical amendments to Ordinance No. 3762, enacted on December 17, 1994, which provided for the vacation of public rights-of-way at 4001 and 4007 Mount Vernon Avenue. (#22 3/14/95) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated March 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/18/95, 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 Councilman Euille, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:







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ORDINANCE NO. 3786

AN ORDINANCE to rescind Ordinance No. 3762 and to vacate a portion of the public alley right-of-way adjacent to 4001 and 4007 Mount Vernon Avenue, in the City of Alexandria, Virginia.

WHEREAS, United Action Corporation, t/a 24 Hour Express ("Applicant"), which owns the property at 4007 Mount Vernon Avenue, in the City of Alexandria, has applied for the vacation of the public alley right-of-way which abuts its property at 4007 Mount Vernon Avenue and the neighboring property at 4001 Mount Vernon Avenue, which is owned by the Exxon Corporation; and

WHEREAS, the public alley right-of-way to be vacated by this ordinance is shown on the plat prepared by Alexandria Surveys, Inc., and dated May 13, 1994 ("Plat") (attached hereto), as "Outlot B" and "Outlot C"; and

WHEREAS, the vacation of this public alley 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 values of the Outlot B and Outlot C portions of the public alley right-of-way to be vacated by this ordinance are $8,875 and $9,286, respectively; and

WHEREAS, the Exxon Corporation, the owner of the property at 4001 Mount Vernon Avenue, has expressed its support for the proposed vacation and has agreed to purchase Outlot C for $9,286; and

WHEREAS, pursuant to 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the Outlot B portion of the public alley right-of-way to be vacated by this ordinance be purchased by the Applicant for $8,875 and the Outlot C portion of said public alley right-of-way be purchased by Exxon Corporation for $9,286; and WHEREAS, the city council finds it necessary and desirable to rescind Ordinance No. 3672, enacted on December 17, 1994, and to enact this ordinance in its place, in order to correct an error contained in Ordinance 3672 regarding the persons eligible to obtain title to portions of the vacated Outlots B and C; and

WHEREAS, United Action Corporation and Exxon Corporation are the proper successors in interest to Permanesque Homes Village, Incorporated, which corporation dedicated the public alley right-of-way to be vacated by this ordinance to the City of Alexandria by deed recorded in Deed Book 139 at page 344, among the land records of the City of Alexandria, and are the proper parties to whom the said right-of-way should be conveyed upon its 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 agreement of the Applicant and Exxon Corporation to comply with the conditions set forth below and the condition that they purchase the Outlot B and Outlot C portions of the public alley right-of-way to be vacated by this ordinance for $8,875 and $9,286, respectively, the city council has concluded that said public alley right-of-way as shown on the Plat 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 Ordinance 3762, enacted on December 17, 1994, be, and the same hereby is, rescinded.

Section 2. That the hereinafter described public alley right-of-way, as shown on the Plat, be, and the same hereby is, vacated:
Outlot B
Outlot C
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Section 3. That this vacation is subject to the Applicant and Exxon Corporation complying with the condition that they purchase Outlot B and Outlot C for $8,875 and $9,286, respectively, and with each of the conditions set forth below:

Section 4. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received payments totaling $8,875 and $9,286 for the vacation of Outlot B and Outlot C, respectively, and such receipt is noted on the face of the ordinance prior to its recordation.

Section 5. 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 6. 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 7. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payments of $8,875 and $9,286 have been made to the city, as provided for in section 3, and the conditions set forth above 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 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 conditions set forth in Section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in the names of the CITY OF ALEXANDRIA and of UNITED ACTION CORPORATION, T/A 24 EXPRESS or of EXXON CORPORATION, or as otherwise may be appropriate, and such recordation shall be done by the Applicant at its own expense.

Attachment: Vacation Plat

Introduction: 3/14/95
First Reading: 3/14/95
Publication: 3/15/95; 3/16/95
Public Hearing: 3/18/95
Second Reading: 3/18/95
Final Passage: 3/18/95







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

23. SUP #94-0390 -- 726 NORTH HENRY STREET - Public Hearing and Consideration of a request for a special use permit for an expansion of a noncomplying automobile repair garage; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: TMB, Inc., Catoctin Circle, Inc., by Rodger Carroll.

24. SUP #95-0011 -- 460 SOUTH PICKETT STREET, #A - Public Hearing and Consideration of a request for a special use permit for an automobile repair business with storage facility; zoned CG/Commercial General. Applicant: Brothers Auto Repair, by Mahmood Sekander.

25. MPA #94-0004 -- 3200-3306 MOUNT VERNON AVENUE -- MOUNT VERNON COURT - Public Hearing and Consideration of an amendment to the Potomac West Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject property from CSL/Commercial Service Low and CG/Commercial General and RH/Residential High to RM/Residential Medium. Applicant: Bratti Residential and Restoration, Inc., by Duncan W. Blair, attorney.

26. REZONING #94-0008 -- 3206 MOUNT VERNON AVENUE -- MOUNT VERNON COURT- Public Hearing and Consideration of a request for a rezoning of the subject property from CSL/Commercial Service Low and CG/Commercial General, with proffers, and RC/Residential to RA/Residential. Applicant: Bratti Residential Restoration, Inc., by Duncan W. Blair, attorney.

27. SUP #94-0384 -- 3200-3306 MOUNT VERNON AVENUE -- MOUNT VERNON COURT - Public Hearing and Consideration of a request for special use permit, with site plan, for a residential townhouse development. A special use permit is requested to allow a reduction in lot size, tandem parking, and outlot development. Modifications to yards, open space and paving in required yards are requested. The site is zoned RA/Residential, CSL/Commercial Service Low, CG/Commercial General (with proffers), and RC/Residential with a pending rezoning of the entire site to RA/Residential. Applicant: Bratti Residential and Restoration, Inc., by Duncan W. Blair, attorney.

28. TA #95-02 -- AMENDMENT TO THE CD ZONE; ACCESSORY APARTMENTS - Public Hearing and Consideration of a text amendment to Section 4-508 (CD/Commercial Downtown Zone) of the Zoning Ordinance to allow more accessory apartments over commercial ground floor uses and to allow fewer parking spaces, tandem parking and off-site parking for such accessory apartments. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Deferred by Staff.







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29. SUP #94-0379 1721-1827 KING STREET -- METROPLACE - SUP #94-0380 -- 1721-1827 KING STREET -- METROPLACE -- SUP #94-0381 -- 1721-1827 KING STREET -- METROPLACE -- SUP #94-0382 -- 1721-1827 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request to grant a six-month extension to special use permits for the Metroplace development, including hotel use, increase in sign area and a transportation management plan; zoned OCH/Office Commercial High. Applicant: King Street Metro, L.P., by Harry P. Hart, attorney.

30. SUP #94-0393 -- 4600 WEST BRADDOCK ROAD -- STONEGATE -- Public Hearing and Consideration of a request to amend the Stonegate development special use permit, with site plan, for townhouse development on parcel C, with outlot development, tandem parking, and more than eight units in some rows. Modifications to open space, yard requirements and lot widths are requested. The property is zoned CDD #5/Coordinated Development District (Stone Tract). Applicant: Pulte Home Corporation, by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred.

31. SUP #95-0010 -- 1536 KENWOOD AVENUE -- RAMPARTS RESTAURANT - Public Hearing and Consideration of a request for a special use permit for expansion of a restaurant with a reduction in the off-street parking requirements; zoned CG/Commercial General. Applicant: Fares, Inc., by William C. Thomas, Jr., attorney.
WITHOUT OBJECTION, City Council noted the deferrals.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, at 2:25 p.m. the Public Hearing Meeting of Saturday, March 18, 1995, was adjourned. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "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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