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Public Hearing Meeting
Saturday, January 25, 2003 - - 9:30 a.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William C. Cleveland, Members of Council Claire M. Eberwein, William D. Euille, Redella S. Pepper, David G. Speck, and Joyce Woodson.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, City Attorney; Ms. Evans, Assistant City Manager; Mr. Jinks, Assistant City Manager; Public Information Officer Gordon; Ms. Fogarty, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Baier, Director of Transportation and Environmental Services; Mr. Culpepper, Deputy Director of Transportation and Environmental Services; Urban Planners Milone, Peterson and Hashemi; City Engineer Baker; Code Enforcement Director Dahlberg; Mr. Smith, Principal Staff, Boards of Architectural Review; Police Captain Spruill; and Police Lieutenant Uzzell.

Recorded by: Mrs. Beverly I. Jett, City Clerk and Clerk of Council.
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OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.

2. Public Discussion Period.

(a) John Smucker, 108 North Quaker Lane, asked that a resolution be adopted that the City of Alexandria goes on record against going to war in Iraq.

Mayor Donley, in response to Mr. Smucker's request, stated that he will discuss the matter with each Member of the Council, and if there is an indication that they would like to consider such a resolution, he will ask that it be docketed.
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New Business Item No. 1: Vice Mayor Cleveland noted that the State of the Union Address will take place on January 28, 2003; therefore, he has to work in his capacity as a Capitol Police Officer. He requested that the appointments for the Planning Commission and Board of Zoning Appeals be deferred to the first legislative meeting in February.
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(b) Tom Welsh, 2100 Mount Vernon Avenue, president, Potomac West Business Association, thanked the Council for its time, its effort, its continued support for the neighborhood and its efforts to improve the quality of life on Mount Vernon Avenue. In addition, Mr. Welsh thanked the Council for its vision on the Arlandria project, Potomac Yard, and the Monroe Avenue Bridge realignment. These projects will not only improve the Potomac West area, but will improve the quality of life and greatly benefit the City of Alexandria. As a token of appreciation, Mr. Welsh presented the Members of Council with 2003 PWBA calendars which are available for purchase at St. Elmo's on Mount Vernon Avenue.

(c) Julie Crenshaw, 816 Queen Street, addressed the Council's decision on Windmill Hill Park.

(d) Sarita Schotta, 104 Prince Street, spoke to her handouts regarding land use, environmental impact and decisions relating to Windmill Hill Park.

(Copies of Ms. Schotta's handouts are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2(d); 1/25/03, and is incorporated herewith as part of this record by reference.)

(e) Frances T. H. Hallihan, 104 Pommander Walk, expressed safety concerns regarding the existing configuration of the tunnel which does not have a clear line of sight at the Windmill Hill Park site.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Vice Mayor Cleveland to hold a public hearing on whether or not we want the dog park there on the west side of Union Street or can we leave it where it is with a request that all work be suspended in the area that they are working on right now with the dog park.

There was discussion on the motion. Councilwoman Woodson indicated that on Tuesday she will move to rescind the approval given by Council for the Windmill Hill Park Plan, and consider amendments to the plan at that time.

THEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Eberwein and carried on a vote of 5-to-2, City Council tabled the motion on the public hearing which would be predicated on whatever discussion we have next Tuesday, and then determine what we're going to do from there. The voting was as follows:

Speck "aye" Cleveland "no"
Eberwein "aye" Euille "aye"
Donley "aye" Pepper "no"
Woodson "aye"

Mayor Donley noted that a motion to table is not debatable.

After further discussion on this item, Councilwoman Woodson provided Council notice that at the January 28, 2003 legislative meeting, she intends to request that a motion to rescind the approval given by Council for the Windmill Hill Park Plan be docketed for a later meeting as Vice Mayor Cleveland will not be present on January 28.

(A copy of a verbatim transcript of this discussion is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 2(c-i); 1/25/03, and is incorporated herewith as part of this record by reference.)


(f) Phyllis Sidorsky, 111 Prince Street, shared her concern about safety with moving the sidewalk at Windmill Hill Park.

(g) Jonathan Wilbor, 310 South Lee Street, representing the Old Town Civic Association, addressed the new serpentine path that leads from the Wilkes Street tunnel out to the sidewalk and expressed that it is a major safety issue.

(h) Marjorie Scott, 114 Prince Street, representing the waterfront neighborhood, stated that now is not the time to lavish money on a park since the City does not have the revenue. She yielded the balance of her time to Ms. Crenshaw who provided reasons for asking for a public hearing on the issue of the Windmill Hill Park Concept Plan.

(i) Roger Wesley, 505 Janneys Lane, requested a full hearing on the volleyball court issue at Windmill Hill Park.

(j) Mary Jane DeWeerd, 7 East Cliff Street, requested that the Alexandria City Council resolve that it opposes war against Iraq at this time.

(A copy of Ms. DeWeerd's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 Item No. 2(j); 1/25/03, and is incorporated herewith as part of this record by reference.)

As indicated earlier, Mayor Donley will speak with each Member of Council, and if there is an indication that they would like to consider such a resolution, he will ask that it be docketed.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-8)

Planning Commission

3. SPECIAL USE PERMIT #2002-0108 -- 801 N PITT ST, UNIT 102 -- PORT ROYAL CONDO - LUNA MASSAGE -- Public Hearing and Consideration of a request for a special use permit to operate a massage therapy business; zoned RC/Residential. Applicant: Erica M. Gutheil, trading as Luna Massage Therapy, by Duncan W. Blair, attorney.
(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/25/03, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #2002-0111 -- 3819 MT VERNON AV -- MOUNT VERNON VILLAGE CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-6/Coordinated Development District. Applicant: Thoi Nguyen.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/25/03, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #2002-0066 -- 509 N HENRY ST -- Public Hearing and Consideration of a request for a special use permit to operate a group home facility for adolescent girls, with a reduction of off-street parking; zoned CSL/Commercial Service Low. Applicant: Potomac Community Development Corporation, by Wilburt Jenkins.
(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/25/03, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #2002-0109 -- 4370 KING ST -- Public Hearing and Consideration of a request for a special use permit to operate a delicatessen restaurant with catering and carry-out service; zoned OCM/Office Commercial Medium. Applicant: Air Culinair Inc., by Erika L. Byrd, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/25/03, and is incorporated herewith as part of this record by reference.

A copy of Ms. Byrd's letter dated January 13, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6; 1/25/03, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #2002-0112 -- 1601 MT VERNON AV -- EXXON STATION -- Public Hearing and Consideration of a review of a special use permit for the existing nonconforming automobile service station; zoned CL/Commercial Low. Applicant: Mount Vernon Service Center Inc., by Erik J. Dorn.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/25/03, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #2002-0113 -- 1024 CAMERON ST -- PASTA PEASANT RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for expansion and alterations to an existing restaurant; zoned CD/Commercial Downtown. Applicant: S & R Enterprises Inc., by Rasoul Termeh.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/25/03, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the Action Consent Calendar as presented. The action of City Council follows:

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Eberwein "aye"
Donley "aye" Speck "aye"
Woodson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

9. Public Hearing and Consideration of the Alternative Concept Plan for the Potomac Yard/Potomac Greens Coordinated Development District and the Straightening of the Monroe Avenue Bridge. (#16 12/10/02)

(A copy of the City Manager's memorandum dated December 4, 2002, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/25/03, and is incorporated herewith as part of this record by reference.)

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

Julie Crenshaw, 816 Queen Street, spoke to open space;

Marlin G. Lord, 2724 Hickory Street, spoke in support; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item;

Thomas Welsh, 2100 Mount Vernon Avenue, spoke in support;

Mariella Posey, 915 Second Street, spoke in support of the project with the conditions listed in the resolution adopted by the NorthEast Citizens' Association, and is opposed to the spine road;

Rob Krupicka, 409 East Alexandria Avenue, president, Del Ray Citizens Association, spoke in support;

Bill Hendrickson, 304 East Spring Street, spoke in support; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

David Fromm, 2307 East Randolph Avenue, spoke in support;

David LeDuc, 1121 Powhatan Street, president, NorthEast Citizens' Association, spoke to the conditions contained in the NorthEast Citizens' Association resolution; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Ellen Pickering, 103 Roberts Lane, questioned staff about development behind George Washington Middle School to which staff responded. Ms. Pickering spoke in opposition to staff's recommendation and expressed concerns from a public safety standpoint, increased traffic on Russell Road and Commonwealth Avenue to the job centers on east Eisenhower Avenue, going east on Monroe Avenue will give vehicles a straight shot to the new Main Street and the new Potomac Avenue and right into the Potomac Yard Shopping Center without ever confronting any traffic on Route One, and potential removal of parking on Route One, encouraged the construction of a Metro Station, stressed importance that the pedestrian way be constructed and that a warning light be placed on the bridge now, as is found at King Street, warning that the light is going to change at Monroe Avenue;

Nausika Lyubinsky, 501 East Monroe Avenue, representing the Gold Crust Baking Company, spoke in support; and

Judy Noritake, 605 Prince Street, spoke in support.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Woodson and carried unanimously, City Council held and closed the public Hearing. City Council adopted the following staff recommendations: (a) selected the Alternative Concept Plan as the Operative concept plan for the Potomac Yard/Potomac Greens CDD; (b) accepted responsibility, on behalf of the City, for the cost difference between the Concept Plan and the Alternative Concept Plan; and (c) authorized the City Manager to provide written confirmation of this selection and acceptance to Crescent Resources, incorporating the conditions as recommended by the NorthEast Citizens' Association, and the suggestion for the spine road reconfiguration. The voting was as follows:

Euille "aye" Cleveland "aye"
Woodson "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Speck "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. SPECIAL USE PERMIT #2002-0082 -- 815 KING ST -- Public Hearing and Consideration of a request for a special use permit to add residential apartments to the existing retail and office uses, with a reduction of required off-street parking; zoned CD/Commercial Downtown. Applicant: Rob Kaufman. (#22 12/14/02)

COMMISSION ACTION: Recommend Approval 6-0

(A copy of Ms. Fogarty's memorandum dated January 15, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/25/03, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated December 3, 2002, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 1/25/03, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 524 King Street, attorney representing the applicant, spoke in support of the application and was in agreement to the staff's recommended changes to conditions as stipulated in Ms. Fogarty's memorandum dated January 15; and

Carolyn Merck, 324 North Royal Street, president, Old Town Civic Association, spoke in opposition of giving these residents residential parking stickers.

Councilman Speck expressed concern about the deletion of condition nos. 9 and 10 (2) relating to the residential parking district permit system and not being able to obtain City of Alexandria residential parking stickers. Attorney Blair, Planning and Zoning Deputy Director Ross, Transportation and Environmental Services Deputy Director Culpepper, and other Members of Council participated in the discussion.

It was decided that a discussion and review regarding the residential parking district permit/sticker system should take place at some point in time.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Woodson and carried on a vote of 6-to-1, City Council approved the SUP with the conditions listed in the staff report with the deletion of condition no. 9, and the amended condition nos. 6 and 10 as stated in the memorandum dated January 15, 2003, from the Director of Planning and Zoning. The voting was as follows:

Euille "aye" Cleveland "no"
Woodson "aye" Eberwein "aye"
Donley "aye" Pepper "aye"
Speck "aye"

11. SPECIAL USE PERMIT #2002-0104 -- 3901 MT VERNON AV -- LILIAN'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to allow dancing in an existing restaurant; zoned CL/Commercial Low. Applicant: OAVAR's Inc., by Oswaldo A. Salinas.

COMMISSION ACTION: Recommend denial of the request to add dancing, recommend denial of the right to operate until 1:00 a.m., and recommend approval of the continued operation of the restaurant. 7-0

(A copy of the Planning Commission report dated January 7, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/25/03, and is incorporated herewith as part of this record by reference.

A copy of Ms. Fogarty's memorandum dated January 22, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 1/25/03, and is incorporated herewith as part of this record by reference.

A copy of Ms. Cabrera's fax dated January 24, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 1/25/03, and is incorporated herewith as part of this record by reference.)

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

Oswaldo A. Salinas, 3901 Mount Vernon Avenue, spoke in support of the application with dancing and with the right to operate until 1 a.m.;

Maria Carmen Cabrera, president, Arlandria Chirilaqua Housing Co-op, with the assistance of an interpreter, spoke in opposition to permit dancing until 1:00 a.m.; and

Santos Vegas, 3911 Bruce Street, representing the Arlandria Chirilaqua Housing Co-op, with the assistance of an interpreter, also spoke in opposition to permit dancing until 1:00 a.m.

Members of Council, Mr. Salinas, and Police Captain Spruill participated in a dialogue regarding security and other concerns.

Assistant City Manager Evans stated that Councilwoman Woodson's request to docket a report regarding the Police Department's activities in Arlandria will be docketed at the first meeting in February.

Councilman Speck pointed out that there is no such time as 12 a.m., it is 12 midnight.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

Pepper "aye" Cleveland "aye"
Speck "aye" Eberwein "aye"
Donley "aye" Euille "aye"
Woodson "aye"

ORDINANCES AND RESOLUTIONS

12. Public Hearing, Second Reading and Final Passage of an Ordinance to amend the Old Town North Small Area Plan Chapter of the Master Plan to change the land use designation of the block bounded by North Pitt, North Royal, Princess and Pendleton Streets from RM/Residential Medium to CRMU-X/Commercial Residential Mixed Use. (#18 1/14/03) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there we no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance upon its Second Reading and Final Passage. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Eberwein "aye"
Donley "aye" Speck out of room
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4287

AN ORDINANCE to amend and reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 2002-0004 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 2002-0004, an application has been made to amend the Old Town and Old Town North Small Area Plan Chapters of the 1992 Master Plan (1998 ed.) of the City of Alexandria, by changing the land use designation of the block bounded by North Pitt, North Royal, Princess and Pendleton Streets from RM/Residential to CRMU-X/Residential.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

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

Section 1. That the Land Use Plan Maps of the Old Town and Old Town North Small Area Plan Chapters of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, be, and the same hereby are, amended to change the land use designation of the block bounded by North Pitt, North Royal, Princess and Pendleton Streets from RM/Residential to CRMU-X/Residential, as shown on the plat entitled “Vicinity Map, Samuel Madden Homes, City of Alexandria, Virginia” dated September 17, 2002, attached hereto and incorporated fully herein by reference.

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing master plan map amendments, and conforming amendments to the proposed zoning maps, as part of the Old Town and Old Town North Small Area Plan Chapters of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 3. That all provisions of the Old Town and Old Town North Small Area Plan Chapters of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, as may be inconsistent with the provisions of this ordinance be, and same hereby are, repealed.

Section 4. That the 1992 Master Plan (1998 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 5. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment

Introduction: 1/14/03
First Reading: 1/14/03
Publication: 1/16/03
Public Hearing: 1/25/03
Second Reading: 1/25/03
Final Passage: 1/25/03
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Insert plat


ORD. NO. 4287

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13. Public Hearing, Second Reading and Final Passage of an Ordinance to rezone the block bounded by North Pitt, North Royal, Princess and Pendleton Streets to CRMU-X/Commercial Residential Mixed Use (Old Town North) Zone, subject to a proffer. (#19 1/14/03) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Carolyn Merck, 324 North Royal Street, president, Old Town Civic Association, spoke in support.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Eberwein 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" Cleveland "aye"
Eberwein "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4288

AN ORDINANCE to amend and reordain Sheet No. 64.02 and Sheet No. 65.01 of 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 block bounded by North Pitt, North Royal, Princess and Pendleton Streets from RM/Townhouse Zone to CRMU-X/Commercial Residential Mixed Use (Old Town North) Zone, subject to proffers, in accordance with the said zoning map amendment heretofore approved by city council as Rezoning No. 2002-0003.

WHEREAS, the City Council finds and determines that:

1. In Rezoning No. 2002-0003, an application has been made to rezone the block bounded by North Pitt, North Royal, Princess and Pendleton Streets from RM/Townhouse Zone to CRMU-X/Commercial Residential Mixed Use (Old Town North) Zone, subject to proffers;

2. The said rezoning is in conformity 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 have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 64.02 and Sheet No. 65.01 of the "Official Zoning Map, 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 hereinafter described:



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

Section 3. That Sheet No. 64.02 and Sheet No. 65.01 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective on the date and at the time of its final passage.
KERRY J. DONLEY
Mayor

Attachment

Introduction: 1/14/03
First Reading: 1/14/03
Publication: 1/16/03
Public Hearing: 1/25/03
Second Reading: 1/25/03
Final Passage: 1/25/03
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INSERT PLAT

ORD. NO. 4288

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14. Public Hearing, Second Reading and Final Passage of an Ordinance to approve a vacation of a portion of the public right-of-way at 1700 West Braddock Road. (#21 1/14/03) [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 Councilwoman Eberwein, seconded by Councilman Euille 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:

Eberwein "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Speck "aye"
Woodson "aye"

The ordinance reads as follows:
ORDINANCE NO. 4289

AN ORDINANCE to vacate a portion of the public street right-of-way of Radford Street between King Street and Braddock Road, in the City of Alexandria, Virginia.

WHEREAS, The Alexandria Redevelopment and Housing Authority (ARHA), has applied for the vacation of a portion of the public right-of-way of Radford Street between King Street and Braddock Road, to accommodate the renovation and construction of public housing in the City of Alexandria; and

WHEREAS, the Planning Commission of the City of Alexandria at one of its regular meetings recommended approval of the vacation of such portion of the public right-of-way at this location; and

WHEREAS, the Council of the City of Alexandria has approved the recommendation of the Planning Commission; and

WHEREAS, viewers, Judy Lowe, chair, Ross Bell and Lee Roy Steele, have been, and again by this ordinance are, duly appointed by the Council of the City of Alexandria, to make their report in conjunction with this vacation; 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, in consideration of the report of the viewers, of other evidence relative to this vacation and of compliance with the conditions set forth in this ordinance, the Council of the City of Alexandria, has determined that the public street right-of-way to be vacated 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 vacation of public right-of-way to ARHA, as shown on the plat of vacation attached hereto and incorporated herein by reference, be, and the same hereby is, approved.

Section 2. That the vacation made and provided by the preceding section of this ordinance be, and the same hereby is, subject the condition set forth below:

Section 3. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 4. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 5. That this ordinance shall be effective upon the date and at the time of its final passage; provided, however, that no recordation of this ordinance shall have any force or effect unless and to the extent annexed to a deed, executed by the city manager and attested by the city clerk, conveying the property vacated to ARHA. The execution of such deed shall constitute conclusive evidence of compliance with the provisions of this ordinance. Such deed shall be recorded and indexed in the name of the City of Alexandria, as grantor, and ARHA as grantee, and such recordation shall be done by the grantee at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Plat of vacation

Introduction: 1/14/03
First Reading: 1/14/03
Publication: 1/16/03
Public Hearing: 1/25/03
Second Reading: 1/25/03
Final Passage: 1/25/03
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Insert Plat
ORD. NO. 4289

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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review
Old and Historic Alexandria District

15. CASE BAR 2002-0305 -- Public Hearing and Consideration of an appeal of the decision of the Board of Architectural Review - Old and Historic Alexandria District - approving, as submitted, a request for a fence at 421 South Union Street, zoned WPR Waterfront. APPLICANT: City of Alexandria/RP&CA. APPELLANT: Old Town Civic Association.
(A copy of the Board of Architectural Review staff report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/25/03, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated January 2, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 1/25/03, and is incorporated herewith as part of this record by reference.

A copy of Ms. Ellis' letter dated January 21, 2003, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 1/25/03, and is incorporated herewith as part of this record by reference.

Copies of photographs presented by Ms. Merck are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 15; 1/25/03, and is incorporated herewith as part of this record by reference.)

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

Carolyn Merck, 324 North Royal Street, president, Old Town Civic Association, spoke in support of the appeal;

Julie Crenshaw, 816 Queen Street, spoke to the appeal and fences; and

Jonathan Wilbor, 310 South Lee Street, supported the testimony of Ms. Merck.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Eberwein and carried unanimously, City Council upheld the decision of the Board of Architectural Review and denied the appeal. The voting was as follows:

Speck "aye" Cleveland "aye"
Eberwein "aye" Euille "aye"
Donley "aye" Pepper "aye"
Woodson "aye"
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New Business Item No. 2: City Manager Sunderland reported that the City of Alexandria will conduct a full-scale hazardous materials drill on Saturday, February 8, at the Albert V. Bryan U.S. Courthouse. The exercise is expected to run from 8:00 a.m. until about 3:00 p.m.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, at 12:45 p.m., the Public Hearing Meeting of Saturday, January 25, 2003, was adjourned. The voting was as follows:

Cleveland "aye" Eberwein "aye"
Pepper "aye" Euille "aye"
Donley "aye" Speck "aye"
Woodson "aye"
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APPROVED BY:


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KERRY J. DONLEY MAYOR


ATTEST:


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Beverly I. Jett, CMC City Clerk



The Meeting was adjourned at 12:45 p.m.


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Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal Minutes of the meeting, when approved by Council, become the official record of the meeting and of Council decisions made at the meeting.

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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 who require translation services to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500. We request that you provide a 48-hour notice so that the proper arrangements may be made.
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