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5 2. Adelphia is in violation of Section 10.01(C) of the Franchise for failure to remit the outstanding franchise fees and auditor’s full costs and expenses. BE IT FURTHER RESOLVE D that the City shall, pursuant to Section 10.06, provide Adelphia with a copy of this Resolution which shall constitute written notice of the violation and the possibility for penalties to be drawn from the security fund in accordance with the Franchise. RESOLUTION i. : Approving Special Permit to Allow Warehouses at 1225 Harris Street WHEREAS , Mr. Charles W. Hurt, as Trustee for Virginia Land LLC (owner of Parcel 90.1 on Tax Map 34) and Allied/Harris Street Land Trust (owner of Parcel 90.B on Ta x Map 34), both properties located at 1225 Harris Street (“Property”), has applied for a special use permit to allow warehouse development on the Property; such property being further identified as Parcels 90.1 and 90.B on 2003 City Real Property Tax Map 3 4, having approximately 623 feet of frontage on Harris Street, 120 feet of frontage on Allied Street, and containing approximately 168,229 square feet of land or 3.86 acres; WHEREAS , a joint public hearing on this application was held before the City Coun cil and Planning Commission on June 10, 2003, following notice to the public and to adjacent property owners as required by law; and WHEREAS, this Council finds that such use will conform to the criteria applicable to special permits generally under Chap ter 34 of the City Code; now, therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a special use permit is hereby approved and granted to allow warehouse buildings at 1225 Harris Street on land which is currently zoned B - 3 . ORDINANCE j. : "AN ORDINANCE TO AUTHORIZE CONVEYANCE OF A PORTION OF THE BROWN STREET RIGHT - OF - nd WAY TO BRAD WORALL AND DONNA CHEN" (2 reading) ORDINANCE k. : "AN ORDINANCE AMENDING AND REORDAINING SECTION 28 - 31 OF CHAPTER 28 (STREETS AND SIDEWA LKS) PROHIBITING SOLICITATIONS WITHIN CERTAIN nd CITY RIGHTS - OF - WAY USED FOR VHICULAR TRAVEL" (2 reading) ORDINANCE l. : "AN ORDINANCE AMENDING AND REORDAINING SECTION 2 - 8 OF THE CHARLOTTESVILLE CITY CODE, 1990, AS AMENDED, REVISING THE TERM LIMITS FOR MEMBERS OF CITY BOARDS AND COMMISSIONS" (carried over) PUBLIC HEARING/ORDINANCE : REZONING 108 HARTMAN'S MILL ROAD FROM R - 1A TO R - 1A PUD Mr. Cox said he is disqualifying himself from participating in the discussion because the applicant is represented b y his architecture firm and his wife. Mr. O'Connell explained that the rezoning will allow 18 single family attached and unattached units. He said the public hearing is required because there was not a quorum of Council at the Planning Commission meetin g. Ms. Claudette Grant, Planner in Neighborhood Development Services, said that the request is to rezone the property from R - 1A to R - 1A PUD and the Planning Commission unanimously recommended the rezoning. Ms. Grant said the price of the units might cha nge from what was mentioned. Mr. Schilling asked if the tax revenue generated from the development will in fact cover the cost of additional maintenance from acceptance of the private street, and Ms. Grant said she does not know.