Monday night’s 4-1 vote by the Falls Church City Council for a second reading final approval of a zoning change singling out assisted living uses to require a special vote of approval by the Council did not exclude plans already submitted to the City in recent months. The Council had operated under the assumption that plans for the Kensington assisted living project proposed for the current Burger King site on W. Broad would be exempted from the impact of the new ordinance, but found out from City Attorney John Foster tonight that it could not be, since the ordinance goes into full effect from the moment the Council vote is taken.

Only Council member Phil Duncan voted against the measure, on grounds expressed by the City’s Economic Development Authority that a single use should not be singled out for such treatment without considering what other uses might also be included.

Meanwhile, the News-Press received further information that, should the Kensington project fail to be approved by the Council, that the alternative will be a long-term continued use of the site for the Burger King that is currently there.