Public Hearing Meeting
Saturday, December 13, 1997 - - 9:30 a.m.
* * * * *
Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Fire Chief Hawkins; Legislative Director Caton; Ms. Steele, Deputy City Manager; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Schott, Director of General Services; Ms. Johnson, Member of the Planning and Zoning Staff; School Board Chair Kenealy and Members; Superintendent of Schools Berg; and Lieutenant Butler, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
* * * * *
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) Norma Jean Byron, 4921 Seminary Road, Apt. 1514, sang her proposal for a new state song, "Come Back to Virginia"; a copy of Ms. Byron's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (a); 12/13/97, and is incorporated herewith as part of this record by reference.
Mayor Donley stated that the City has adopted its Legislative Package, but he stated that it would be appropriate for Council to make a formal request to our legislative delegation to ask them to consider her song as the official song of Virginia.
Councilman Cleveland indicated that he would do what he could do to help her.
Councilwoman Pepper suggested to Ms. Byron that she should come to sing her song at our General Assembly Delegation's public hearing to be held on Thursday, December 18, at 7:30 p.m., in the Council Chamber.
Ms. Byron will contact the City Clerk's Office to confirm the time and specifics.
(b) Katy Cannady, 24 East Linden Street, spoke to a recent article in the Alexandria Journal. She spoke to a statement made by the president of the Chamber of Commerce referring to the civic associations' committee now meeting with Commonwealth Atlantic (developer of Potomac Yard), as a self-appointed committee. She indicated that she is on that committee because she is the land use chair of the Rosemont Civic Association, not self-appointed. She also stated that there is an effort to revise the Federation of Civic Associations.
Mayor Donley stated that this is not a self-appointed group. It came about at his suggestion to Commonwealth Atlantic to defer its action, and requested them to convene such a group. He stated that certainly the comments Ms. Cannady read in the newspaper are not reflective, he believes, of the sentiments of the Council.
(c) Robert Montague, Prince Street, representing the Alexandria Commission for Historic Preservation and Restoration, suggested that Council reconsider the Woodrow Wilson Bridge issues, and stated that the time has come to initiate the issue of litigation.
Mayor Donley explained the City's position, and indicated it reserves the right to bring legal action.
(d) Jon Wilbor, Lee Street, representing Old Town Civic Association, opposed the Woodrow Wilson Bridge ROD.
(e) Santa Claus (aka Mike Oliver), 3113 Circle Hill Road (North Pole), representing the North Ridge Citizens' Association, announced the North Ridge Citizens' Association Christmas Tree Sale, on Saturday, December 13, 7 a.m. to 5 p.m., and Sunday, December 14, 9 a.m. to 3 p.m., at Beverly Hills Methodist Church, Old Dominion Boulevard at West Glebe Road.
(f) Hollis Wickman, Green Street, representing Old Town/Hunting Creek Civic Associations, expressed opposition to the Woodrow Wilson Bridge Alternative 4A.
(g) Judy Miller, representing Rosemont Civic Association, spoke in opposition to the Woodrow Wilson Bridge ROD, specifically, the increase in size of the Telegraph Road interchange.
(h) Mary Tyler Young, 1202 South Washington Street, representing Hunting Towers/Hunting Terrace residents, opposed the destruction of 1204 South Washington (Huntington Towers East Building), as part of the Woodrow Wilson Bridge Project.
(i) John Chapman Gager spoke.
(j) Julie Crenshaw, 816 Queen Street, spoke to the tree cutting that is taking place in Monticello Park, and opposed the signing of the Woodrow Wilson Bridge MOA.
Councilwoman Pepper requested staff to report back if the contractor for Monticello Park is removing trees outside the limits of construction.
(k) Ellen Pickering, 103 Roberts Lane, opposed the Woodrow Wilson Bridge MOA.
(l) Craig Krueger, 8560 Second Avenue, Silver Spring, MD, spoke to unjust court fees for parking tickets.
Staff was requested to report back on how court fees are determined.
(m) David Fromm, 2307 East Randolph Avenue, representing the Potomac West Alliance, announced that a public forum on Potomac Yard/Potomac Greens will be held on December 16, 1997, at 6:30 p.m., at the Mount Vernon Recreation Center.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-10)
Planning Commission
3. SPECIAL USE PERMIT #97-0139 -- 5571 HOLMES RUN PARKWAY -- Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RA/Residential. Applicant: Juanita Bates.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the report of the Planning Commission dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/13/97, and is incorporated herewith as part of this record by reference.)
4. SPECIAL USE PERMIT #97-0140 -- 5158 ECHOLS AVENUE -- Public Hearing and Consideration of a request for a special use permit for a child care home; zoned R-12/Residential. Applicant: Lourdes A. Blanco.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the report of the Planning Commission dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/13/97, and is incorporated herewith as part of this record by reference.)
5. SPECIAL USE PERMIT #97-0153 -- 300 MONTGOMERY STREET -- THE MONTGOMERY CENTER -- Public Hearing and Consideration of a request for an amendment to an approved special use permit to increase the allowed square foot area for a restaurant use, and to review the approved special use permit for a variety of uses; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Bruce Machanic.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the report of the Planning Commission dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/13/97, and is incorporated herewith as part of this record by reference.)
6. SPECIAL USE PERMIT #97-0151 -- 822 NORTH FAIRFAX STREET -- THE MONTGOMERY CENTER -- Public Hearing and Consideration of a request for a special use permit for a restaurant (coffee shop); zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Perks, by Feri Kashani.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the report of the Planning Commission dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/13/97, and is incorporated herewith as part of this record by reference.)
7. SPECIAL USE PERMIT #97-0155 -- 817 KING STREET -- Public Hearing and Consideration of a request for a special use permit for a massage therapy business; zoned CD/Commercial Downtown. Applicant: Marzie Mohammadi.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the report of the Planning Commission dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/13/97, and is incorporated herewith as part of this record by reference.)
8. SPECIAL USE PERMIT #97-0160 -- 615 NORTH SAINT ASAPH STREET -- PORTNER’S LANDING -- Public Hearing and Consideration of a request for an amendment to a special use permit, with site plan, regarding the height for a multi-family building; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Portner’s Landing Venture, LLC, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the report of the Planning Commission dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/13/97, and is incorporated herewith as part of this record by reference.)
9. MASTER PLAN AMENDMENT #97-0006 -- REZONING #97-0006 -- 134 NORTH PAYNE STREET -- Public Hearing and Consideration of a request for an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from RM/Residential Medium to CD/Commercial Downtown and to change the zoning designation from RB/Residential to CD/Commercial Downtown. Applicant: Michele J. Boggs. (#11 11/14/97)
COMMISSION ACTION: Recommend Denial 7-0
NOTE: The applicant has withdrawn this request; however, since this item was advertised, it was necessary to place it on the docket.
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of Ms. Boggs' letter dated November 28, 1997, withdrawing the Master Plan and Rezoning change, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of Mr. and Mrs. Huettner's letter dated November 17, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 9; 12/13/97, and is incorporated herewith as part of this record by reference.)
Board of Architectural Review
10. CASE BAR-97-0198 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a request for approval of a fence and archway to be constructed at 630 South Royal Street, zoned RM-Residential. APPLICANT AND APPELLANT: Carlos Chiriboga.
Staff has requested that this item be deferred until the January 24, 1998 Public Hearing Meeting, since the encroachment relating to this item has been deferred to January. Since this item was advertised for public hearing, it was necessary to place it on the docket.
(A copy of Peter Smith's memorandum dated December 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/13/97, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar as presented. The recommendations are as follows:
3. Councilwoman Pepper expressed concern about getting the children across the busy street.
City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council noted the withdrawal of this request.
10. City Council deferred this appeal to the Public Hearing Meeting to be held on Saturday, January 24, 1998.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Rich "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
11. Consideration of School Board Request for Supplemental Appropriation for HVAC Replacement and Associated Building Upgrades at George Washington Middle School. (#12 11/25/97) THIS IS NOT A PUBLIC HEARING ITEM.
(A copy of the City Manager's memorandum dated December 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/13/97, and is incorporated herewith as part of this record by reference.)
There was considerable dialogue between the Members of City Council, City Manager Lawson, School Board Chair Kenealy and Member Digilio, and Financial and Information Technology Services Director Gitajn.
Councilman Speck requested that the Schools identify at the end of the year additional monies that may be available as a result of unanticipated savings that may be applied to help produce the additional $4.4 million to complete this project.
Council Member Walker requested a work session as soon as possible with the School Board. Mayor Donley stated that they will take that up at the monthly City/Schools meeting with the Mayor, Vice Mayor, Chair, Vice Chair, City Manager and Superintendent.
City Manager Lawson stated that the first priority for us at the monthly meeting of the Mayor, Vice Mayor, Chair, Vice Chair, City Manager and Superintendent, is to try to get into the $70 million request with our experts and with the consultant expertise from the Schools, so that by the time Council takes this up in the context of the budget, Council has a better idea of what it is buying.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council (1) approved the School Board's request for the supplemental appropriation of $965,000. Although this is an unprecedented mid-year request for additional funding, the City Manager recommended the supplemental appropriation because of the time delays that would occur if the School Board were not able to order the equipment at this time. If this request were to be considered in the context of the City's budget deliberations this spring, the project would not be completed until 1999; and (2) strongly encouraged the School Board to immediately implement the four interim improvements recommended in the City staff report to improve the reliability of the system during this school year, and address safety concerns prior to the initiation of the site work next summer, including the installation of a remote dialing system that can notify Schools maintenance staff immediately if a system problem occurs outside of normal hours. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
12. CASE BAR-97-0104 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, granting, as amended, a request for approval of alterations and an addition to be constructed at 723 South Fairfax Street, Zoned RM-Residential. APPELLANT: Susan B. Kellom, on behalf of petitioners. (#42 9/13/97)
(A copy of the Board of Architecture Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated November 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 12/13/97, and is incorporated herewith as part of this record by reference.
Communications received from the appellant are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 12; 12/13/97, and is incorporated herewith as part of this record by reference.
Communications received in support of the development are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 12; 12/13/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Susan B. Kellom, 719 South Fairfax Street, appellant, spoke in support of the appeal;
Duncan W. Blair, P. O. Box 820, Alexandria, attorney representing Sonoma Development, spoke against the appeal and in support of the Board of Architectural Review decision;
Lynn Neihardt, 825 South Fairfax Street, representing the Board of Architectural Review, spoke against the appeal, and answered questions of Council;
Lynn Miller, 613 South Royal Street, spoke in support of the appeal; and
Barry Ford, 400 Gibbon Street, spoke in support of the appeal.
There was considerable discussion between the Members of Council, the appellant, and the attorney for the applicant.
WHEREUPON, a motion was made by Council Member Walker, seconded by Councilman Speck to uphold the Board of Architectural Review's decision and deny the appeal.
THEREUPON, a substitute motion was made by Council Member Rich, seconded by Councilwoman Pepper to send this back to the Board of Architectural Review and specifically requested that the addition be limited to one story; which motion FAILED on a vote of 3-to-4. The voting was as follows:
Rich "aye" Euille "no"
Pepper "aye" Cleveland "aye"
Donley "no" Speck "no"
Walker "no"
WHEREUPON, Council returned to the main motion made by Council Member Walker, seconded by Councilman Speck and carried on a vote of 4-to-3, City Council upheld the Board of Architectural Review's decision and denied the appeal. The voting was as follows:
Walker "aye" Euille "aye"
Speck "aye" Cleveland "no"
Donley "aye" Pepper "no"
Rich "no"
Mayor Donley commented to Mr. Blair and the applicant that any of the issues relating to construction and encroachments that were raised by Ms. Miller, that they "do it right." He indicated that he and Council do not want to hear about any problems associated with encroaching into property that is not part of this project or practices relative to construction that are out of the norm. He also would encourage any of the neighbors that if there are issues, they should be brought to the attention of the appropriate City staff.
Planning Commission (continued)
13. TEXT AMENDMENT #97-0004 -- CO PLANNED RESIDENTIAL/COMMERCIAL DEVELOPMENT -- Public Hearing and Consideration of a change to Section 12-600 of the Zoning Ordinance regarding the scope of permitted changes and the procedures for amending approved CO planned residential/commercial developments. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of Councilman Cleveland's Transaction Disclosure Statement dated December 13, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 12/13/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Howard Middleton, 510 King Street, attorney representing Carlyle Development Corporation, spoke in support; and
Ellen Pickering, 103 Roberts Lane, spoke.
Councilman Cleveland stated for the record that he owns property at Carlyle Towers and is a Member of the Carlyle Review Board; however, he stated that he is able to participate fairly, objectively and in the public interest.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the text amendment, with the amendment to the proposed language as suggested by the Planning Commission in Section 12-600 (B)(5)(b)(iii). The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
14. SPECIAL USE PERMIT #97-0157 -- 1900 DUKE STREET; 1800 EISENHOWER AVENUE -- CARLYLE SITE -- Public Hearing and Consideration of a request for amendments to a special use permit, with site plan, for (a) ground floor retail, (b) floor area allocation, (c) design guideline changes, and (d) maintenance of a public street right-of-way; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of Jonathan Rak's letter dated December 12, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of Councilman Cleveland's Transaction Disclosure Statement dated December 13, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 12/13/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Councilman Cleveland stated for the record that he owns property at Carlyle Towers and is a Member of the Carlyle Review Board; however, he stated that he is able to participate fairly, objectively and in the public interest.
Jonathan Rak, 11320 Random Hills Road, Fairfax, VA, attorney representing the applicant, spoke in support; and
Ellen Pickering, 103 Roberts Lane, asked questions.
Jonathan Rak, attorney for the applicant, stated that condition #16 should read: "16. Maintenance of George's Lane shall be the responsibility of the City upon acceptance by the City of the Street."
WHEREUPON, upon motion by Councilwoman Pepper, 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. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
15. SPECIAL USE PERMIT #97-0145 -- 2320 & 2340 JEFFERSON DAVIS HIGHWAY -- 403 FANNON STREET-- EXXON STATION -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a gas station with convenience store; zoned I/Industrial. Applicant: Exxon Corporation, by Jay du Von, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/13/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Jay du Von, 14717 Bayview Drive, Woodbridge, VA, attorney representing the applicant, spoke in support, and indicated that they are willing to meet with the adjacent property owners, Mr. and Mrs. Lewis, who own the building where Capital Catering is located, to discuss sharing parking between the sites.
Jill Hainline, 9425 Vernon Drive, Great Falls, VA, representing 2316 Jeff Davis General Partnership, one of the owners of the buildings adjacent to the potential Exxon station and also a tenant in the building. She indicated that she appreciates Exxon's offer to try to accommodate the tenants. She indicated that this is a big safety issue.
Mayor Donley indicated to the applicant that he was pleased to see that the applicant has agreed to condition #6, that no alcoholic beverages shall be sold. Mr. du Von indicated that the applicant does agree to this condition.
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 the deletion of condition #10 and the added conditions #20 and 21, with the understanding of the representation by Mr. du Von that they will do whatever they can to try to work out a shared parking arrangement with the tenants of the adjacent building. The voting was as follows:
Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
16. SPECIAL USE PERMIT #97-0146 -- 3006 JEFFERSON DAVIS HIGHWAY -- 406-408 EAST GLEBE ROAD -- MAACO -- Public Hearing and Consideration of a request for a special use permit, with site plan, to change a noncomplying use from truck storage and repair to general automobile repair, including construction of an addition with site plan modifications; zoned CSL/Commercial Service Low. Applicant: Rhodino Realty, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/13/97, and is incorporated herewith as part of this record by reference.)
Cathy Puskar, 307 North Washington Street, attorney representing the applicant, spoke in support, and stated that the applicant did agree to condition #33 which was added by the Planning Commission, but does not appear in the staff report, which reads as follows: "#33. The applicant agrees to a 50 cent per square foot contribution to affordable housing." It is the applicant's understanding that the contribution is based on the new construction that is going to be added to the existing building.
Ms. Puskar stated that the applicant agrees that there will be no parking on the sidewalk.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Planning Commission recommendation and approved the request, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations, with amendments to conditions #20, 21, 22 and 25, and the added condition #33, and amended condition #23 to read as follows: "23. The bay and the associated driveway, constructed with pavers and curb cut directly off of East Glebe Road, and the sidewalk directly adjacent to the building shall be used for official use only and labeled as such. No parking will be allowed in this area." The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
17. SPECIAL USE PERMIT #97-0143 -- 2710 MOSBY STREET -- Public Hearing and Consideration of a request for a special use permit to construct a single-family dwelling on a substandard lot; zoned R-8/Residential. Applicant: W.D.C. Construction Company, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated December 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/13/97, and is incorporated herewith as part of this record by reference.
A copy of a letter from Ms. Gray dated December 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 12/13/97, and is incorporated herewith as part of this record by reference.
Communications received in opposition to this project are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 17; 12/13/97, 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, P. O. Box 820, Alexandria, attorney representing the applicant, spoke in support of this application;
Curtis Brooks, 2718 Sycamore Street, spoke in favor of denial;
Alison Lattu, 216 Guthrie Avenue, representing owners of property at 2713 Holly Street, spoke in favor of denial;
David Fromm, 2307 East Randolph Avenue, representing the Del Ray Citizens Association and himself, spoke against approval of this special use permit; and
Steven Kiviat, 2706-A Mosby Street, spoke in opposition to this special use permit.
Members of City Council made comments.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 4-to-3, City Council upheld the Planning Commission recommendation on this item, and denied the special use permit. The voting was as follows:
Rich "aye" Euille "no"
Cleveland "aye" Pepper "aye"
Donley "no" Speck "aye"
Walker "no"
ORDINANCES AND RESOLUTIONS
18. Second Reading and Final Passage of AN ORDINANCE to amend the city code by changing the name of South Longview Drive to Witter Drive. (#25 11/15/97; #18 11/11/97) [ROLL-CALL VOTE] This is not a public hearing item.
(A copy of the City Manager's memorandum dated December 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/13/97, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its Second Reading and Final Passage. The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"
The substitute ordinance reads as follows:
ORDINANCE NO. 3967
AN ORDINANCE to amend Section 5-2-62 (CHANGES OF NAMES) of Article C (STREET NAMES), Chapter 2 (STREETS AND SIDEWALKS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 5-2-62 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (12) to read as follows:
(12) Change of name as of January 1, 1998:
New Name Old Name General Location
Witter Drive South Longview Drive Duke Street, approximately 730 feet, more or less, west of the intersection of Taylor Parkway west with
Duke Street
Section 2. That this ordinance shall become effective on January 1, 1998.
KERRY J. DONLEY
Mayor
Introduction: 11/11/97
First Reading: 11/11/97
Publication: 11/12/97; 11/13/97
Public Hearing: 11/15/97
Second Reading: 12/13/97
Final Passage: 12/13/97
* * * * *
19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 5-406(B) of the Alexandria Zoning Ordinance to permit, pursuant to a special use permit, an alternative type of mixed-use development project in the CRMU-X zone that does not contain residential uses, that extends the retail focus requirements of Section 6-503 to the entire project area, that increases the required retail square footage by 50% of the retail focus requirements, and that regulates the project frontages. (#20 12/9/97) [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 Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:
Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3968
AN ORDINANCE to amend and reordain Section 5-406 (FLOOR AREA RATIO) under Section 5-400 (CRMU-X/COMMERCIAL RESIDENTIAL MIXED USE (OLD TOWN NORTH) ZONE), of Article V (MIXED USE ZONES), of the City of Alexandria Zoning Ordinance (TA NO. 97-0011).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 5-406(B) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(B) Mixed use, residential or commercial/SUP. If a special use permit is approved, the floor area ratio may be increased to an amount not to exceed 2.5 and the following uses may be developed:
(2) Mixed use, provided that 41.8 percent of the floor area must be devoted to residential use unless (a) the CRMU-X site is within a retail focus area as provided in section 6-503, in which case the required residential floor area may be reduced to 33.33 percent, with 8.5 percent required for ground floor retail space; or (b) the residential component is devoted exclusively to townhouses and such townhouses and the parking therefor occupies one-third of the entire development site, in which case the required residential floor area may be reduced to 20 percent, or
(3) All commercial, provided: (a) that the retail focus area requirements of section 6-503 shall apply to the entire project area regardless of whether or not the entire project area is designated as a retail focus area in the Old Town North Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria; (b) the required retail square footage for the project calculated pursuant to section 6-503(A) shall be increased by an amount equal to 50 percent of the required retail square footage; and © the project incorporates along all major street frontages either (I) adequate retail space; (ii) adequate open and usable public space; (iii) substantial plantings; or (iv) appropriate architectural treatments to create a sense of vitality, activity and security attractive to pedestrians and enforcing the pedestrian oriented streetscape, as determined by city council.
Section 2. That Section 5-406 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 3. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or submission approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.
KERRY J. DONLEY
Mayor
Introduction: 12/09/97
First Reading: 12/09/97
Publication: 12/10/97; 12/11/97
Public Hearing: 12/13/97
Second Reading: 12/13/97
Final Passage: 12/13/97
* * * * *
20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 3-505(A) of the Alexandria Zoning Ordinance to clarify that 6,500 square feet of lot area is required to develop a two-family structure on a corner lot in the R-2-5/Single- and Two-Famly zone. (#21 12/9/97) [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 Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:
Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3969
AN ORDINANCE to amend and reordain Section 3-505 (LOT REQUIREMENTS) under Section 3-500 (R-2-5/SINGLE AND TWO-FAMILY ZONE), of Article III (RESIDENTIAL ZONE REGULATIONS), of the City of Alexandria Zoning Ordinance (TA NO. 97-0010).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Subsection (A) of Section 3-500 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(A) Lot size.
(1) Each principal use shall be located on a lot with a minimum land area of 5,000 square feet, except in the case of a corner lot in which case the minimum land area shall be 6,500 square feet.
(2) Each dwelling in a semi-detached building shall be located on its own lot, each of which shall contain 2,500 square feet of land area, except in the case of a corner lot in which case the dwelling requires a minimum of 4,000 square feet.
(3) Each duplex building shall be located on a lot with a minimum land area of 5,000 square feet, except in the case of a corner lot in which case the minimum land area shall be 6,500 square feet.
Section 2. That Section 3-500 of the City of Alexandria Zoning, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 3. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or submission approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.
KERRY J. DONLEY
Mayor
Introduction: 12/09/97
First Reading: 12/09/97
Publication: 12/10/97; 12/11/97
Public Hearing: 12/13/97
Second Reading: 12/13/97
Final Passage: 12/13/97
* * * * *
21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to revise the Coordinated Development District guidelines for the Eisenhower Avenue CDD. (#22 12/9/97) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that Cyril D. Calley, attorney for the applicant, was present to answer questions of Council.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3970
AN ORDINANCE to amend and reordain the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such small area plan chapter as Master Plan Amendment No. 97-0007, and no other amendments, and to repeal all provisions of the said small area plan chapter 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. 97-0007, an application has been made to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan by changing the Coordinated Development District guidelines for the Eisenhower Avenue Coordinated Development District.
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 text of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan, under the heading "Eisenhower Coordinated Development District - Development with a special use permit," Paragraph 10, be, and the same hereby is, amended to read as follows:
10. Projects within 1000 feet of metro shall also be considered for height and density bonuses if combined with a meaningful affordable housing program approved by the City Council. The affordable housing program must be on-site with an equivalent value of no less than $1.05 (adjusted for inflation) per net square foot of total development, including commercial. The contribution from commercial development may be used for either on site or off site housing at the discretion of the Council. Height with bonuses shall not exceed 250 feet for a signature building, with an overall average of 200 feet for the entire project. Density with bonuses shall not exceed 3.75 F.A.R. overall, with a minimum of 1,625 for the residential component.
Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan text amendment as part of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.
Section 3. That the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.
Section 4. 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 5. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 12/09/97
First Reading: 12/09/97
Publication: 12/10/97; 12/11/97
Public Hearing: 12/13/97
Second Reading: 12/13/97
Final Passage: 12/13/97
* * * * *
22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Official Zoning Map of the City of Alexandria, adopted by Section 1-300 of the Alexandria Zoning Ordinance, to provide for the rezoning of the property at 5019 Duke Street, and a portion of the property at 5005 Duke Street, from POS/Public Open Space to CG/Commercial General, with proffer limiting development plan. (#23 12/9/97) [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 Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck out of room
The ordinance reads as follows:
ORDINANCE NO. 3971
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 property at 5019 Duke Street and a portion of the property at 5005 Duke Street from POS/Public Open Space and Community Recreation Zone to CG/Commercial General Zone, with a proffer, in accordance with the said zoning map amendment heretofore approved by city council (REZ NO. 97-0007).
WHEREAS, the City Council of the City of Alexandria finds and determines that:
1. An application has been made to amend the zoning of the property known as 5019 Duke Street, and a portion of the property known as 5005 Duke Street, (Zoning Map and Tax Map Parcel Nos. 48.00-05-05 and 48.00-05-07(portion)), by changing the zoning designation thereof from POS/Public Open Space and Community Recreation Zone to CG/Commercial General Zone, with a proffer limiting the use and development of the property to the central public library development plan approved by city council.
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. 48.00 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:
5019 Duke Street, and a portion of 5005 Duke Street (Zoning Map and Tax Map Parcel Nos. 48.00-05-05 and 48.00-05-07(portion)), containing approximately 2.6 acres of land area, as shown on the sketch plan entitled "REZ No. 97-0007," dated November 10, 1997, attached hereto and incorporated herein by reference.
FROM: POS/Public Open Space and Community Recreation Zone
TO: CG/Commercial General Zone
Subject, however, to the following proffer:
This property will be used for public library purposes only, in conformity with Special Use Permit No. 97-0134, approved by city council on November 15, 1997, as the same may be amended from time to time.
Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment of the "Official Zoning Map of Alexandria, Virginia."
Section 3. That Sheet No. 48.00 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.
KERRY J. DONLEY
Mayor
Attachment: Rezoning Sketch Plans
Introduction: 12/09/97
First Reading: 12/09/97
Publication: 12/10/97; 12/11/97
Public Hearing: 12/13/97
Second Reading: 12/13/97
Final Passage: 12/13/97
* * * * *
INSERT PLAT
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (23 - 30)
Planning Commission (continued)
23. REZONING #97-0002 -- 700 NORTH ASHTON STREET -- Public Hearing and Consideration of a request to change the zoning designation of the property located between North Ashton Street and North Beauregard Street from R-12/Residential to RT/Residential, with a proffer limiting development on the site to no more than sixteen units. Applicant: Presidential Realty Corporation and Kent Lincolnia Joint Venture, by Robert J. Test, attorney, Trustee.
COMMISSION ACTION: Deferred; by Applicant’s Request
24. COORDINATED DEVELOPMENT DISTRICT (CDD) CONCEPT PLAN -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for approval of a Coordinated Development District (CDD) Concept Plan for the Mill Race-Old Town Commons site portion of the Eisenhower Avenue CDD. Applicant: Old Town Development Company, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred; Improper Notice
25. SPECIAL USE PERMIT #97-0097 -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a time share residential building and an office building, with site plan modifications; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: RBC International, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred; Improper Notice
26. SPECIAL USE PERMIT #97-0098 -- 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval for a proposed mixed use development; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: RBC International Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred; Improper Notice
27. VACATION #97-0003 -- 2310-2318 MILL ROAD -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: McCann Construction, by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred; Improper Notice
28. ENCROACHMENT #97-0010 -- 630 SOUTH ROYAL STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an existing brick arch and wall, a stone walkway, and landscaped areas; zoned RM/Residential. Applicant: Carlos J. Chiriboga.
COMMISSION ACTION: Deferred; Applicant Not Present
29. TEXT AMENDMENT #97-0012 -- NONCONFORMING USES -- Public Hearing and Consideration of an amendment to Section 12-200 (Nonconforming Uses) of the Zoning Ordinance to add new or amended rules for (1) the maintenance, repair and improvement of buildings and structures housing nonconforming uses, and (2) the maintenance, repair and replacement of trade fixtures used in connection with nonconforming uses. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Deferred 7-0
30. SPECIAL USE PERMIT #97-0154 -- 417 HUME AVENUE -- Public Hearing and Consideration of a request for a special use permit for a catering business; zoned CSL/Commercial Service Low. Applicant: Cherlyn Sanders.
COMMISSION ACTION: Deferred 7-0
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals.
ORDINANCES AND RESOLUTIONS (continued)
31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way of Jamieson Avenue located immediately to the east of the intersection of Jamieson Avenue and Holland Lane. (#14 11/25/97)
(A copy of Mr. Sanderson's memorandum dated December 12, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 12/13/97, and is incorporated herewith as part of this record by reference.)
The following person participated in the public hearing on this item:
Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support.
It was stipulated by Council that there will be no cost to the recipient.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3972
AN ORDINANCE to vacate a part of the public street right-of-way of Jamieson Avenue extended, located to the east of the intersection of Jamieson Avenue extended and Holland Lane, in the City of Alexandria, Virginia.
WHEREAS, Shurgard Storage Centers, Inc. ("Applicant"), the contract purchaser of property in the 300 block of Holland Lane in the City of Alexandria, Virginia, has applied for the vacation of a 5,943 square foot parcel that is located within the future public right-of-way of Jamieson Avenue, which will extend eastward from Holland Lane; and
WHEREAS, the 5,943 square foot parcel is shown on the plat prepared by R.C. Fields, Jr. and dated August 20, 1997 ("Plat") (attached hereto); and
WHEREAS, the vacation of this parcel has been disapproved 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, 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 parcel to be vacated by this ordinance be purchased by the Applicant for an amount to be determined by the city assessor; and
WHEREAS, having considered the report of the viewers regarding this vacation, other evidence relative thereto and the Applicant's agreement to comply with the conditions set forth below and the condition that it purchase the parcel to be vacated by this ordinance for an amount to be determined by the city assessor, the Council of the City of Alexandria has concluded that the parcel 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 hereafter described parcel of property, as shown on the Plat, be, and the same hereby, is vacated:
Beginning at a point on the East side of Holland Lane (variable width) and a point common to Lot 515, Carlyle, and the land of Virginia Power; thence with the land of Virginia Power South 88 degrees 19 minutes 33 seconds East, 181.16 feet; thence South 14 degrees 39 minutes 52 seconds West, 17.90 feet; thence South 89 degrees 36 minutes 32 seconds West, 160.62 feet to a point; thence departing the land of Virginia Power and running through Lot 515 South 07 degrees 55 minutes 06 seconds West, 31.17 feet; thence North 82 degrees 04 minutes 54 seconds West, 338.34 feet to a point on the Easterly side of Holland Lane; thence with Holland Lane North 08 degrees 25 minutes 20 seconds East, 5.88 feet; thence North 88 degrees 19 minutes 33 seconds West, 1.38 feet to the point of beginning, and containing 5,943 square feet, or 0.1364 acres, of land.
Section 2. That this vacation be, and hereby is, subject to Applicant complying with the condition that it purchase the parcel described in Section 1 for the amount determined by the city assessor and, further, is subject to the conditions set forth below:
1. Applicant shall provide, as shown by a final vacation plat, a storm sewer easement across the parcel being vacated by this ordinance for a future storm sewer bypass, to the satisfaction of the Director of Transportation & Environmental Services.
2. Applicant shall reserve and not interfere with any public and/or private utility and sewer easements or any of the existing utilities and sewers located within the parcel being vacated by this ordinance.
3. Applicant shall prepare and record among the land records of the City of Alexandria a plat of consolidation that consolidates the parcel being vacated by this ordinance and the adjacent parcel which Applicant is acquiring from Virginia Power.
4. Notwithstanding anything to the contrary in Section 1 or elsewhere in this ordinance, the vacation accomplished by the ordinance shall retain, and the final vacation plat submitted to the city shall reflect, a Jamieson Avenue alignment that preserves a minimum eight-foot sidewalk on the south side of the Hooff's Run bridge and a minimum five-foot sidewalk on the north side.
Section 3. That the city manager be, and hereby is, authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.
Section 4. That the city clerk be, and hereby is, authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of the amount determined by the city assessor has been made to the city by the Applicant 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. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of SHURGARD STORAGE CENTERS, INC., and such recordation shall be done by the Applicant at his own expense.
KERRY J. DONLEY
Mayor
Attachment: Vacation Plat
Introduction: 12/09/97
First Reading: 12/09/97
Publication: 12/10/97; 12/11/97
Public Hearing: 12/13/97
Second Reading: 12/13/97
Final Passage: 12/13/97
* * * * *
insert plat
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, at 1:50 p.m., the Public Hearing Meeting of Saturday, December 13, 1997 was adjourned. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
* * * * *
APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
_____________________________________________
Beverly I. Jett, CMC City Clerk
The meeting was adjourned at 1:50 p.m.
This docket is subject to change.
* * * * *
Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *
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.
* * * * *
The City Council Docket is available via e-mail and fax. If you would like to receive your docket via e-mail or fax, please call the City Clerk and Clerk of Council's Office at 838-4500.
* * * * *
Public Notice
A regional legislative meeting for Northern Virginia localities has been scheduled for Monday, January 5, 1998, at the Ritz Carlton Hotel at Tysons Corner. A reception will be held at 6:30 p.m., followed by dinner and the meeting at 7:30 p.m. The purpose of this and other regional meetings the Virginia Municipal League (VML) holds around the state is to discuss informally the legislative issues that are expected to arise during the 1998 General Assembly Session.
It is anticipated that more than two Members of Council will be attending.
* * * * *