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Public Hearing Meeting
Saturday, April 17, 1993 - - 9:30 am

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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Police Chief Samarra; Mr. Moore Division Chief, Zoning/Subdivision Administration, and Lieutenant Robbins, Police Department.

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

OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(a) Vice Mayor Cleveland announced that the Alexandria Branch of the NAACP is sponsoring a community forum on criminal justice and police community relations concerns at the Charles Houston Recreation Center on Wednesday, April 28, 1993, at 7:30 p.m. Persons were urged to attend.

(b) Councilman Speck reminded everyone that in the Workroom today is hopefully the first of many Council bake sales for raising funds for Christmas in April in which we will be participating next Saturday. Members of Council have baked items on which there will be judging during the course of the meeting. Any of those in the audience who wish to go judge the items may do so during the course of the meeting and that will raise funds for the costs for the repairs and supplies for the house that we will be working on next Saturday.

(c) David M. Phillips, 23 Fendall Avenue spoke seeking the opportunity to reform an outdated restriction within our city Code, Section 5-7-1, with respect to the "swine law". He would like to legally own a miniature pig.

Council requested that staff look into this law to see what can be done to make it possible.
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Council asked the City Manager to particularly direct the staff to determine whether or not in the proposed new animal shelter there will be a separate section for the pigs. The Manager was requested to take a look at a possible amendment to the leash law that this may bring about as well as all of the different ramifications of different types of domestic animals which could be required to be leashed. Council requested a full report on this as soon as possible.

(d) Elsie Mosqueda, 900 Pendleton Street, Chair, Alexandria Cooperative Extension Advisory Committee, spoke regarding Extension programs. She invited everyone to attend the 1993 Extension and 4-H Youth Fair on Saturday, April 24, 1993, from 11:00 a.m. to 3:00 p.m. at Mount Vernon School, 2601 Commonwealth Avenue.

(e) Bernard Carie, 630 N. Ripley Street, representing Alexandria Soccer Association, as well as the parent select team, and president of Patrick Henry PTA, spoke regarding soccer fields in the City. He wanted to just put on the table as the City is getting ready to develop the land for Potomac Greens and any other land in the City, he wanted the Council to be reminded that there are not enough soccer fields in the City.

Vice Mayor Cleveland spoke to the possible proposed soccer field near Simpson stadium as a result of pending proposed development of Potomac Yard which still requires a lot of negotiating.

Councilman Donley requested that staff provide Mr. Carie with the names and phone numbers of potential representatives from the Norfolk/Southern development at Carlyle and Potomac Yard, and let the Soccer Association contact those groups directly for the use of open space there on an interim basis.

Councilman Donley spoke to the present condition of the fields. He knows that the staff works very closely with the Soccer Association each year to determine which fields are going to be used and how they are going to be used. He stated that what troubles the Soccer Association is that those fields are used by other groups as well so that they are under constant demand all of the time. He suggested that staff survey some of our fields and make sure that they are in as good a playing condition as possible. He stated that the Hammond School field does have some problems with exposed drains and exposed sprinkler heads and they probably need to be filled in. He indicated that at the Ft. Ward field perhaps some fencing could be installed to keep balls from getting out onto Van Dorn Street.

Councilwoman Pepper made comments concerning the possible leasing of the soccer field across from Potomac Greens off of Marina Drive.

Mr. Kauffman, Director of Recreation, Parks and Cultural Activities, gave an update on the use of the field mentioned by Councilwoman Pepper. At this time it is under permit to its Embassy League, and he will be pursuing a permit for next spring.

Mr. Kauffman stated with regard to interim use at both Carlyle and potentially at 2020, he pursued interim use at Carlyle and, of course, the major issue there is going to be contaminated soil at both locations and that has to be resolved. He stated the City will be picking up some space next to the sanitation plant by agreement with 2020 and also will be opening up a soccer field at Hensley Field. He will look into the fence issue at Ft. Ward.
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 14
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 3. 4, 6, 8 and 14 from the Action Consent Calendar and considered them under separate motions.

5. SUP #2670 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 55 South French Street; zoned R-2-5, Residential. Applicant: Zadie M. Hudson.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/17/93, and is incorporated herewith as part of this record by reference.)

7. SUP #2674 - Public Hearing and Consideration of a request for a Special Use Permit to operate a day care center located at 3900 King Street, within the Fairlington United Methodist Church; zoned RA, Residential. Applicant: NOVAM (Northern Virginia AIDS Ministry), by Kelley McElroy.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/17/93, and is incorporated herewith as part of this record by reference.)

9. SUP #2681 - Public Hearing and Consideration of a request for a Special Use Permit to operate a rooming house and for a parking reduction of one space for the property located at 106 Commerce Street; zoned CL, Commercial Low. Applicant: Robert Redden, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/17/93, and is incorporated herewith as part of this record by reference.)

10. SUP #2682 - Public Hearing and Consideration of a request for a Special Use Permit to install a trailer for office use for home sales on the property located at 3447 Duke Street; zoned RB, Residential. Applicant: Pulte Home Corporation, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/17/93, and is incorporated herewith as part of this record by reference.)
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11. SUP #2685 - Public Hearing and Consideration of a request for a Special Use Permit to operate a private school located at 2730 Eisenhower Avenue; zoned OCM-100; Office Commercial Medium. Applicant: Strayer College, Inc., by Donald R. Anderson.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/17/93, and is incorporated herewith as part of this record by reference.)

12. SUP #2686 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 3935-3937 Wheeler Avenue; zoned I, Industrial. Applicant: Kenneth D. Duggin.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/17/93, and is incorporated herewith as part of this record by reference.)

13. SUP #2687 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile body and paint garage located at 3915-3917 Wheeler Avenue; zoned I, Industrial. Applicant: First Class Auto Body, by Emil Khachatourian.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/17/93, and is incorporated herewith as part of this-record byreference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of Item Nos. 3, 4, 6,, 8 and 14 which were considered under separate motions. The Planning Commission recommendations are as follows:

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.

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.

9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Conditions #3 and #4.

10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #5.
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11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted Condition #3.

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #3 and added Condition #12.

13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #3.

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

3. TA #93-012 - Public Hearing and Consideration of amendments to Article IV (Commercial, Office and Industrial Zones), Sections 4-107(A), 4-207(A)(2), 4-307(A)(2), 4-407(A)(2), 4-507(A), 4-607(A), 4-807(A), 4-906(A), 4-1006(A) and 4-1106(A) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of amending the outdoor operations use limitation in the CL, CC, CSL, CG, CD and CD-X Commercial zones and the OC, OCM(50), OCM(100) and OCH Office zones, respectively, to allow outdoor restaurant seating with an approved special use permit. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed text amendments and referred to the City Attorney for processing an ordinance. The voting was as follows:

Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Jackson "aye" Rich "aye"
Speck "aye"
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4. SUP #2277-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing child care facility located at 1500 King Street, Suites 104 and 105; zoned OCH, Office Commercial High. Applicant: Tiny Tots Playroom, Inc., by Carol S. Gordon.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #3 to read: "The day care center's hours of operation shall be limited to 7:00 a.m. to 6:15 p.m., Monday through Friday, as requested by the applicant." The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

6. SUP #2673 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 6 South Jordan Street, known as "Alexandria Crab Carry-Out"; zoned CL, Commercial Low. Applicant: Thomas P. Reddington.

COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2, and Council added a Condition #13 to read: "13. That there be a one-year review". The voting was as follows:

Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Jackson "aye"
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14. SUP #2688 - Public Hearing and Consideration of a request for a Special Use Permit to allow reduction of off-street parking for changes in uses for the Oakville Industrial Park property located at 2610 Jefferson Davis Highway, 400-420 Calvert Avenue and 403-420 Swann Avenue; zoned I, Industrial. Applicant: G&E Oakville Corporation, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #4. The voting was as follows:

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

AT THIS POINT, it was decided that Docket Item No. 8 should have a separate motion.

8. SUP #2680 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant with carry-out service and live entertainment located at 44 Canal Center Plaza; zoned W-1, Waterfront Mixed Use. Applicant: Crescent City Limited Partnership, by Edward Stuckey.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/17/93, and is incorporated herewith as part of this record by reference.

A copy of Mr. Stucky's letter dated April 15, 1993, requesting a referral back to the Planning Commission is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 4/17/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council referred the matter back to the Planning Commission. The voting was as follows:

Speck "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Pepper "aye"
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ORDINANCES AND RESOLUTIONS

15. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to regulate the status of doctors and dentists who maintained a practice in residential zones and who were not in compliance with the home occupation provisions of the previous zoning code when the new zoning ordinance was adopted on June 24, 1992. (#23 4/13/93; 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 Councilman Speck, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3621

AN ORDINANCE to add a new section 12-213 (ABATEMENT OF CERTAIN HOME OCCUPATION USES) to Article XII (NONCOMPLIANCE AND NONCONFORMITY) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the City of Alexandria's Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 12-213 to read as follows:

Sec. 12-213 Abatement of Certain Home Occupation Uses.

(A) A home occupation accessory use, in connection with which there occurs any on site participation, employment or use of labor from persons who are not bona fide, full time residents of the dwelling, shall be categorized as an illegal use under this ordinance and prior law, and all such participation, employment or use of labor shall cease within 30 days of any written order issued by the director pursuant to sections 11-204 or 11-206, and such use shall thereafter comply with the requirements of section 7-300 of this ordinance.

(B) Notwithstanding the provisions of subsection (A), a home occupation accessory use, otherwise subject to subsection (A), which existed on June 24, 1992, may apply for an abatement special use permit pursuant to this subsection, provided that application therefor is filed within 60 days of April 17, 1993. In addition to any other provisions of law:

(1) The applicant for such permit shall be a natural person who shall have been a bona fide, full time resident of the dwelling since June 24, 1992.

(2) The permit may be issued only to the named applicant as permittee, and shall not be alienable or transferable in any manner.
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(3) The permit shall expire, and the home occupation shall cease or revert to compliance with section 7-300, within the time specified in the permit and, in any event, at the earlier of such specified time or such time as the permittee ceases to be a bona fide, full time resident of the dwelling. The uninterrupted absence of the permittee from the dwelling for a period of 60 days or longer shall create a rebuttable presumption that bona fide residence has ceased.

(4) In addition to any other conditions imposed, the following shall be required conditions of the permit:

(a) No intensification of the use as it existed on June 24, 1992, and as described in the permit application shall be permitted at any time.

(b) No advertising of the home occupation by television, radio or direct mail shall be permitted at any time.

(c) To the extent that any other provision of this ordinance is inconsistent with the provisions of this section 12-213 or any special use permit granted hereunder, the provisions of this section or the terms and conditions of such special use permit shall be controlling.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review, and to all such applications which may be filed after such date.
Introduction: April 13, 1993
First Reading: April 13, 1993
Publication: April 15, 1993; April 16, 1993
Public Hearing: April 17, 1993
Second Reading: April 17, 1993
Final Passage: April 17, 1993

16. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone the properties located at 442 North Henry Street and 1108 and 1112 Oronoco Street from CL/Commercial Low Zone to CSL/Commercial Service Low Zone. (#24 4/13/93; ROLL CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
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ORDINANCE NO. 3622

AN ORDINANCE to amend and reordain Sheet No. 64.01 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 properties at 442 North Henry Street and 1108 and 1112 Oronoco Street from CL/Commercial Low Zone to CSL/Commercial Service Low Zone.

WHEREAS, the Planning Commission of the City of Alexandria, on its own motion, has proposed to changed the zoning classification established by the official zoning map for the properties known as 442 North Henry Street (Zoning Map and Tax Map Parcel No. 64.01-6-4), 1108 Oronoco Street (Zoning Map and Tax Map Parcel 64.01-6-2) and 1112 Oronoco Street (Zoning Map and Tax Map Parcel No. 64.01-6-3) from CL/Commercial Low Zone to CSL/Commercial Service Low Zone, in order to bring the zoning of the subject properties into compliance with the adopted 1992 Master Plan for the City of Alexandria, Virginia; and

WHEREAS, the said rezoning is consistent with the 1992 Master Plan for the City of Alexandria, Virginia; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 64.01 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 properties hereinafter described:
Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.
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Section 3. That Sheet No. 64.01 of the "Official Zoning Map, 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. Introduction: April 13, 1993
First Reading: April 13, 1993
Publication: April 15, 1993; April 16, 1993
Public Hearing: April 17, 1993
Second Reading: April 17, 1993
Final Passage: April 17, 1993

(Attachment)
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17. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone the property at 601 Wilkes Street, known as the Tannery House, from CD/Commercial Downtown to RCX/ Residential Medium Density Apartment. (#25 4/13/93; ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3623

AN ORDINANCE to amend and reordain Sheet No. 74.04 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 property at 601 Wilkes Street (ZONING MAP AND TAX MAP PARCEL NO. 74.04-10-13) from CD/Commercial Downtown Zone to RCX/Medium Density Apartment Zone, subject to a proffer.

WHEREAS, Tannery House Condominium Association, by Joseph B. Mitchell, has filed an application to change the zoning classification established by the official zoning map for the property known as 601 Wilkes Street (Zoning Map and Tax Map Parcel 74.04-10-13) from CD/Commercial Downtown Zone to RCX/Medium Density Apartment Zone, with a proffer; and

WHEREAS, the said rezoning is consistent with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, 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. 74-04 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:
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Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 74.04 of the "Official Zoning Map, 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 date at the time of its final passage.
Introduction: April 13, 1993
First Reading: April 13, 1993
Publication: April 15, 1993; April 16, 1993
Public Hearing: April 17, 1993
Second Reading: April 17, 1993
Final Passage: April 17, 1993

(Attachment)
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
18. SUP #2654 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant known as Fuddruckers Restaurant located at 4141 Duke Street; zoned CC, Commercial Community. Applicant: Fuddruckers-ARVI, Alexandria, Inc., by Frank S. Miller.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #6, #8, #14 and #15, deleted Condition #16 and added Condition #18, and City Council amended Condition #17 by adding an additional sentence to read: "The applicant shall report back to the office on Employment Training six months after opening concerning the number of Alexandria residents offered employment at the site". The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

NOTE: Docket Item Nos. 19 and 20 where considered together; however, there was a separate motion made on each item.

19. SUP #2659 - Public Hearing and Consideration of a request for a Special Use Permit to construct a residential cluster development, known as "Rivergate," involving 58 townhouse dwelling units. The subject property, known as the "Norton site," is located at 100 Montgomery Street (Map 55.03-02-03), contains approximately 4.2 acres of land, and is zoned W-1, Waterfront Mixed Use. Applicant: Rivergate Associates Limited Partnership, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-1.

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20. SUP #2678 - Public Hearing and Consideration of a request for a Special Use Permit for a waiver from the parking regulations pursuant to Section 8-100(A) (4) of the Zoning Ordinance. The Zoning Ordinance requires 116 parking spaces to serve the proposed 58-dwelling unit townhouse development. The applicant is proposing to provide 116 parking spaces, but is seeking a waiver to allow 16 of the spaces to be provided as stacked parking (one space behind the other) instead of 16 standard parking spaces (each space individually accessible) as required by the Zoning Ordinance. The subject property, known as the "Norton site," is located at 100 Montgomery Street, and is zoned W-1, Waterfront Mixed Use. Applicant: Rivergate Associates Limited Partnership, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 19 and 20; 4/17/93, and is incorporated herewith as part of this record by reference.)
19. WHEREUPON, a motion was made by Councilman Speck, seconded by Councilwoman Pepper, that City Council approve the recommendation of the Planning Commission and approve the proposed cluster development SUP subject to compliance with all applicable codes, ordinances, and the staff-recommended conditions, except for R-19.
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THEREUPON, Council returned to the motion made by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed cluster development SUP subject to compliance with all applicable codes, ordinances, and the staff-recommended conditions, except for R-19. The voting was as follows:

Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"

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

Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"

21. SUP #1945-C - Public Hearing and Consideration of a request for a Special Use Permit to expand the seating capacity, change the hours of operation, add live entertainment and amend a condition to waive the flood plain regulations for storage of portable food carts at the Food Court located at 5 Cameron Street; zoned CD, Commercial Downtown. Applicant: Alexandria Waterfront Associates Limited Partnership, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 5-2.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/17/93, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 21; 4/17/93, and are incorporated herewith as part of this record by reference.)
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Councilwoman Pepper clarified for the record how she felt when she voted in 1986. What she was hoping for was that the City was going to have this big variety of uses and because that this was location, location, location, everybody would be stepping forward and we could pick and choose between what we wanted and that what we were going to have is sort of what we already have. It has kind of fallen in line to what she would like to see there, a deli, hamburgers are coming, a taco place, and a bakery. This kind of thing. Little bits of this and that is what she thought she would like to see there. She does not know if she would be enthusiastic about many full restaurants but she thinks that it is nice that there is this one and she is not particularly promoting this particular one, but that there is one that is functioning and apparently functioning well. This is not to say she is opposing this particular group, but she is just saying that what has happened in the end has been a pretty good balance. So, it is sort of what her concept was all along.

Members of City Council asked questions of Mr. Lynn, Director of Planning and Community Development.)

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

Duncan W. Blair, 222 Green Street, attorney representing the applicant, spoke in support of this application and answered questions directed to him by Members of City Council, as did Mr. Baker, representing AWRG;

Charles H. Huettner, 210 S. Fayette Street, president, Old Town Civic Association, spoke in opposition;

(Members of City Council and Mr. Lynn, Director of Planning and Community Development, entered into a dialogue with Mr. Huettner.)

Ann MacNeil, 101 Cameron Mews, representing Cameron Mews Homeowners Association, spoke against extending the evening hours;

Marc A. Tripp, 205 W. Alexandria Avenue, spoke in support;

Virginia W. Drewry, 118 Prince Street, representing herself and residents of lower Prince Street, spoke in opposition;

(Members of City Council and Mr. Lynn, Director of Planning and Community Development, Mr. Blair, and Mr. Anderson, owner of Radio Free Italy, addressed concerns raised by Ms. Drewry.)
H. Curtiss Martin, 118 Prince Street, spoke in opposition; and

Marilee Keefe, 103 Queen Street, representing herself and George Berger, spoke in support.)

(Further discussion transpired between Mr. Blair, the City Manager, Mr. Baker, the City Attorney and Members of City Council.
19

WHEREUPON, a motion was made by Councilman Speck, seconded by Councilman Donley that City Council approve the recommendation of the Planning Commission, as amended, and approved the request, and noted the applicant's statement to withdraw the request for live entertainment, subject to compliance with all applicable codes, ordinances and staff recommendations and added Conditions #16, #17, #18, #19 and #20, and City Council amended condition #15 to read: "15. The applicant shall require Food Court employees to use off-street parking."; amended Condition #12 to read: "12. Increase the permitted seating capacity from 200 seats to 350, provided that there shall be no more than 250 seats indoors at any given time, and no more than 150 seats outdoors at any given time conditioned upon meeting present building and health codes."; and amended Condition #11 to read: "11. The hours during which the restaurant is open to the public shall be limited to 8:00 a.m. to 11:30 p.m., seven (7) days a week."
THEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-2 city Council amended Condition #11 to read: "11. The hours during which the restaurant is open to the public shall be limited to 8:00 a.m. to 12:00 Midnight, seven (7) days a week." The voting was as follows:

Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "no"
Ticer "aye" Rich "aye"
Speck "no"

WHEREUPON, Council returned to the original motion, as amended, made by Councilman Speck, seconded by Councilman Donley and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, and noted the applicant's statement to withdraw the request for live entertainment, subject to compliance with all applicable codes, ordinances and staff recommendations and added Conditions #16, #17, #18, #19 and #20, and City Council amended Condition #15 to read: "15. The applicant shall require Food Court employees to use off-street parking."; amended Condition #12 to read: "12. Increase the permitted seating capacity from 200 seats to 350, provided that there shall be no more than 250 seats indoors at any given time, and no more than 150 seats outdoors at any given time conditioned upon meeting present building and health codes."; and amended Condition #11 to read: "11. The hours during which the restaurant is open to the public shall be limited to 8:00 a.m. to 12:00 Midnight, seven (7) days a week." The voting was as follows:

Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "no"
20


Thereupon, at 1:55 p.m., City Council reconvened the meeting and the following transpired:

22. SUP #2676 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant with carry-out service, located at 602 King Street; zoned CD, Commercial Downtown. Applicant: Dunkin' Donuts, Ashok B. Patel, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 5-to-2, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #4. The voting was as follows:

Pepper "aye" Cleveland "no"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "no"

23. TA #92-027 - Public Hearing and Consideration of possible amendments to Article IV (Commercial, Office and Industrial Zones) and Article V (Mixed Use Zones) of the Zoning Ordinance of the City of Alexandria, Virginia, the nature of which would be to allow single- and two-family dwelling units in the Commercial, Office and Mixed-Use Zones, but not in the Industrial Zone. Staff: Department of Planning and Community Development.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/17/93, and is incorporated herewith as part of this record by reference.
21

A copy of a letter dated April 13, 1993, from Ms. Beach is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request of the proposed text amendments subject to an amendment which would utilize the RM zone regulations for single and two-family dwellings in the CD zone (Attachment 1 to the Planning Commission report) and requested the City Attorney to prepare the ordinance and requested staff to work to correct any inequities that might exist between townhouses and single-family dwellings and those corrections would be made and heard with the ordinance in May. The voting was as follows:

Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

24. SUP #2660 - Public Hearing and Consideration of a request for a Special Use Permit to construct a 12-story, 136-foot high office building, to be known as the Tauber Building, with 575,246 square feet of building space in excess of the 100-foot building height allowed by right, and to provide a Transportation Management Plan (TMP). The property is located at 5001 Eisenhower Avenue, contains 16.0 acres, and is zoned OCM-100, Office Commercial Medium. Applicant: LNT Associates, by Barbara P. Beach, attorney.

COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/17/93, and is incorporated herewith as part of this record by reference.

A copy of a memorandum from Ms. Beach is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 4/17/93, and is incorporated herewith as part of this record by reference.)
22

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to the staff recommendations, with amendments to Conditions R-5, R-21 and R-22, with the extra caveat that when the policy is being considered in the future, if it negates anything that's required in this special use permit, that the applicant has an opportunity to come back in and discuss it; included the proffer that this land would stay on the tax rolls; and amended R-6 so that 25% of the transportation fund be paid at the time that the final site plan is approved and that the balance of that amount be paid six months after the CO is issued; and R-16 would remain the way it is, the contribution to the Housing Trust Fund would be issued at CO. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"

25. SUP #2675 - Public Hearing and Consideration of a request for a Special Use Permit to operate a catering business located at 111 Clermont Avenue; zoned OCM-100, Office Commercial Medium. Applicant: Potomac Catering Corporation, by David Magsumbol.

(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/17/93, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Jackson and Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with applicable codes, ordinances and staff recommendations and amended Conditions #2, and #3. The voting was as follows:

Pepper "aye" Ticer "aye"
Jackson "aye" Donley out of room
Cleveland "aye" Rich "aye"
Speck "aye"
23

26. SUP #2679 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant with carry-out service located at 1310 Braddock Place; zoned CRMU-H, Commercial Residential Mixed Use High. Applicant: Le Bon Cafe, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 4/17/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #6 and #9 and deleted Condition #12. The voting was as follows:

Pepper "aye" Cleveland "aye"
Jackson "aye" Donley out of room
Ticer "aye" Rich "aye"
Speck "aye"

27. SUP #2683 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile towing service, automobile storage lot and to install a trailer for office use on the property located at 3128 Colvin Street; zoned I, Industrial. Applicant: Summs Recovery and Collections, by Tony Newton.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission's report dated April 1, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 4/17/93, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council member Rich and Councilman Jackson and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the requests for the automobile towing and storage use, and noted the applicant's withdrawal of the request for an office trailer, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #14. The voting was as follows:

Pepper "aye" Ticer "aye"
Rich "aye" Cleveland "aye"
Jackson "aye" Donley out of room
Speck "aye"
24

ORDINANCES AND RESOLUTIONS (continued)
28. (a) Public Hearing. Second Reading and Final Passage of AN ORDINANCE authorizing an amendment to the charter of the Northern Virginia Criminal Justice Academy and the acquisition, financing and relocation of the Academy's facilities to University Center in Loudoun County, Virginia. (#26(a) 4/13/93; 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 Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0. City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Jackson "aye" Donley out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3624

AN ORDINANCE authorizing an amendment to the charter of the Northern Virginia Criminal Justice Academy ("Academy") and the acquisition, financing and relocation of the Academy's facilities to the University Center in Loudoun County, Virginia.

WHEREAS, the Academy was created by joint agreement of the Counties of Arlington, Loudoun, and Prince William and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park for the purpose of providing training for sworn law enforcement and correctional officers, and for other personnel who assist and support such officers; and

WHEREAS, Arlington County has requested that the Academy vacate its present training facilities, which are housed in an unused Arlington County public school building, so that Arlington can resume use of the building for school purposes; and

WHEREAS, the Academy has undertaken an extensive competitive regional search for a property that would meet the Academy's need for a permanent training facility and would represent a sound long-term investment of public funds; and

WHEREAS, the Academy has found an appropriate facility at the University Center in Loudoun County, Virginia, that can be purchased upon favorable terms; and

WHEREAS, Prince William County has given notice that it will withdraw from the Academy effective June 30, 1994, thereby necessitating amendment of the Academy's Charter; and
25

WHEREAS, city council has determined that the amendment to the Academy's Charter, which is attached hereto and incorporated by reference herein, is a necessary component of the overall effort to relocate the Academy's facilities to Loudoun County, Virginia, and should be approved; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That city council hereby approves the attached Amended Charter of the Northern Virginia Justice Academy, with such insertions, omissions or other revisions (including, without limitation, changes of the dates thereof) as may be approved by the city manager, whose approval shall be evidenced conclusively by her execution of the Amended Charter.

Section 2. That city council hereby approves the acquisition, financing and relocation of the Academy's facilities to University Center in Loudoun County, Virginia.

Section 3. That city council hereby authorizes the city manager to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect the attached Amended Charter and the acquisition, financing and relocation of the Academy's facilities to University Center in Loudoun County, Virginia, including the execution of the Amended Charter (with such insertions, omissions or other revisions as she deems appropriate) and the documents associated with said acquisition, financing and relocation.

Section 4. That the city council hereby authorizes the city clerk to attest the execution by the city manager of the Amended Charter and of any other documents that the manager has deemed necessary or desirable to carry into effect the Amended Charter or the acquisition, financing and relocation of the Academy's facilities to University Center in Loudoun County, Virginia, and to affix thereon the official seal of the City of Alexandria.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: April 13, 1993
First Reading: April 13, 1993
Publication: April 15, 1993; April 16, 1993
Public Hearing: April 17, 1993
Second Reading: April 17, 1993
Final Passage: April 17, 1993

(A copy of the Amended Charter referred to as an attachment in the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28(a); 4/17/93, and is incorporated herewith as part of this record by reference.)
26

28. (b) Public Hearing. Second Reading and Final Passage of AN ORDINANCE approving the financing lease between the Industrial Development Authority of Loudoun County, Virginia, and the City of Alexandria, the County of Arlington and the County of Loudoun which has been prepared in conjunction with the acquisition, financing and relocation of the Northern Virginia Criminal Justice Academy's police training facilities, and authorizing the city manager to execute the financing lease on behalf of the city. (#26(b) 4/13/93; ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Jackson "aye" Donley out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3625

AN ORDINANCE approving the financing lease between the Industrial Development Authority of Loudoun County, Virginia ("Loudoun IDA"), and the City of Alexandria, the County of Arlington and the County of Loudoun, Virginia, which has been prepared in conjunction with the acquisition, financing and relocation of police training facilities of the Northern Virginia Criminal Justice Academy ("Academy"), and authorizing the city manager to execute the financing lease on behalf of the city.

WHEREAS, the Academy was created by joint agreement of the Counties of Arlington and Loudoun, and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park for the purpose of providing training for sworn law enforcement and correctional officers, and for other personnel who assist and support such officers; and

WHEREAS, Arlington County has requested that the Academy vacate its present training facilities, which are housed in an unused Arlington County public school building, so that Arlington can resume use of the building for school purposes; and

WHEREAS, the Academy has undertaken an extensive competitive regional search for a property that would meet the Academy's need for a permanent training facility, and would represent a sound long-term investment of public funds; and

WHEREAS, the Academy has found an appropriate facility at the University Center in Loudoun County, Virginia, that can be purchased upon favorable terms; and

WHEREAS, the acquisition of the new Academy facility at University Center will be financed through the issuance of bonds by the Loudoun IDA; and
27

WHEREAS, under the terms of the proposed financing lease, which is attached hereto and incorporated herein by reference, the City of Alexandria and the Counties of Arlington and Loudoun are proposed to be the entities that lease the new Academy facility at University Center from the Loudoun IDA because their credit ratings will enable the Loudoun IDA to finance the acquisition of the facility at favorable rates; and

WHEREAS, all jurisdictions participating in the Academy will equitably share, through local contributions, the costs of acquiring and operating the new Academy facility; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That city council hereby approves the attached financing lease between the Loudoun IDA and the City of Alexandria, the County of Arlington and the County of Loudoun with such insertions, omissions or other revisions (including, without limitation, changes of the dates thereof) as may be approved by the city manager, whose approval shall be evidenced conclusively by her execution of the lease.

Section 2. That city council hereby authorizes the city manager to do on behalf of the City of Alexandria all things that she deems necessary or desirable to carry into effect the attached financing lease and to implement the terms and provisions of the lease, including the execution of the lease with such insertions, omissions or other revisions as she deems appropriate, and the execution of other instruments, documents or certificates, and, in addition, authorizes the manager, on behalf of the city, to approve one or more subleases of space in the new Academy facility at University Center as she deems appropriate and as may be acceptable to the chairman of the Academy Board based, inter alia, on tax considerations relating to the Loudoun IDA bonds, market rental rates and compatibility of the sublessee's use of the subleased space with the Academy's use of the facility.

Section 3. That the city council hereby authorizes the city clerk to attest the execution by the city manager of the financing lease between the Loudoun IDA and the City of Alexandria, the County of Arlington and the County of Loudoun, and of any other documents that the manager has deemed necessary or desirable to carry into effect any provisions of the financing lease, including any subleases of space within the new Academy facility.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: April 13, 1993
First Reading: April 13, 1993
Publication: April 15, 1993; April 16, 1993
Public Hearing: April 17, 1993
Second Reading: April 17, 1993
Final Passage: April 17, 1993

(A copy of the Proposed Financing Lease referred to as an attachment in the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28(b); 4/17/93, and is incorporated herewith as part of this record by reference.
28

A copy of proposed changes dated April 20, 1993, to the Financing Lease consisting of the cover page, page 3, and pages 11 and 11a are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1(a) of Item No. 28(b); 4/17/93, and is incorporated herewith as part of this record by reference.)

28. (c) Public Hearing. Second Reading and Final Passage of AN ORDINANCE approving the officer training agreement by and among the Northern Virginia Criminal Justice Academy, the City of Alexandria, the County of Arlington and the County of Loudoun which has been prepared in conjunction with the acquisition, financing and relocation of the Northern Virginia Criminal Justice Academy's police training facilities, and authorizing the city manager to execute the officer training agreement on behalf of the city. (#26(c) 4/13/93; ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Jackson "aye" Donley out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3626

AN ORDINANCE approving the Officer Training Agreement by and among the Northern Virginia Criminal Justice Academy ("Academy"), the City of Alexandria, the County of Arlington and the County of Loudoun which has been prepared in conjunction with the acquisition, financing and relocation of the Academy's police training facilities to University Center, Loudoun County, Virginia, and authorizing the city manager to execute the Officer Training Agreement on behalf of the city.

WHEREAS, the Academy was created by joint agreement of the Counties of Arlington and Loudoun, and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park for the purpose of providing training for sworn law enforcement and correctional officers, and for other personnel who assist and support such officers; and

WHEREAS, Arlington County has requested that the Academy vacate its present training facilities, which are housed in an unused Arlington County public school building, so that Arlington can resume use of the building for school purposes; and

WHEREAS, the Academy has undertaken an extensive competitive regional search for a property that would meet the Academy's need for a permanent training facility and would represent a sound long-term investment of public funds; and

WHEREAS, the Academy has found an appropriate facility at the University Center in Loudoun County, Virginia, that can be purchased upon favorable terms; and
29

WHEREAS, the Officer Training Agreement, which is attached and is incorporated herein by reference, sets out the ground rules for the City of Alexandria's participation in the Academy at its new facility at University Center, as well as outlining the Academy's budget and the obligations of other participants to share in the pro rata cost of the Academy's operating and debt service costs; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That city council hereby approves the Officer Training Agreement by and among the Academy, the City of Alexandria, the County of Arlington and the County of Loudoun, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the city manager, whose approval shall be evidenced conclusively by her execution of the agreement.

Section 2. That city council hereby authorizes the city manager to execute on behalf of the City of Alexandria the Officer Training Agreement with such insertions, omissions or other revisions as she deems appropriate.

Section 3. That the city council hereby authorizes the city clerk to attest the execution by the city manager of the Officer Training Agreement and to affix thereon the official seal of the City of Alexandria.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: April 13, 1993
First Reading: April 13, 1993
Publication: April 15, 1993; April 16, 1993
Public Hearing: April 17, 1993
Second Reading: April 17, 1993
Final Passage: April 17, 1993

(A copy of the Officer Training Agreement referred to as an attachment in the ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28(c); 4/17/93, and is incorporated herewith as part of this record by reference.)

28. (d) Consideration of a RESOLUTION authorizing the lease financing of a training facility on behalf of the Northern Virginia Criminal Justice Academy through the Industrial Development Authority of Loudoun County, Virginia. (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution. The voting was as follows:

Jackson "aye" Donley out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
30

The resolution reads as follows:
RESOLUTION NO. 1639
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ALEXANDRIA, VIRGINIA AUTHORIZING THE
LEASE FINANCING OF A TRAINING FACILITY ON BEHALF OF
THE NORTHERN VIRGINIA CRIMINAL JUSTICE ACADEMY
THROUGH THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF LOUDOUN COUNTY, VIRGINIA

WHEREAS, the principal members of the Northern Virginia Criminal Justice Academy ("Academy"), the City of Alexandria and the Counties of Arlington and Loudoun (the "Principal Members") have agreed to facilitate the financing of the acquisition, renovation and equipping of a new police training facility ("Project") for the Academy by arranging to have the Industrial Development Authority of Loudoun County, Virginia ("Authority") issue its lease revenue bonds in the maximum aggregate principal amount of $6,585,000 (the "Bonds"); and

WHEREAS, the Authority will acquire the Project on behalf of the Academy pursuant to a Purchase and Sale Contract between the Authority and University Center L-1 Associates Limited Partnership ("Purchase Contract"). The Bonds will be payable solely from the revenues derived by the Authority from a Financing Lease between the Authority and the Principal Members pursuant to which the Authority will lease the Project to the Principal Members who agree, jointly and severally, to make rental payments, subject to annual appropriations, sufficient to pay the principal of and interest on the Bonds, maintain certain reserve requirements and pay other costs, if any, associated therewith; and

WHEREAS, the Principal Members will enter into an Officer Training Agreement with the Academy which provides for the Academy to renovate, operate and maintain the Project on their behalf, and provides the terms upon which the Academy will charge the Principal Members and all other Academy participants to cover expenses for the use of the Project, including debt service on the Bonds; and

WHEREAS, the Bonds will be issued pursuant to the following documents: (i) an Indenture of Trust between the Authority and Crestar Bank ("Trustee") (attached as Attachment A); (ii) the Purchase Contract (attached as Attachment B); (iii) the Financing Lease (Attachment C); (iv) a Deed of Trust from the Authority to the individual trustees named therein, as trustees (attached as Attachment D); (v) an assignment of Rents and Leases between the Authority and the Trustee (attached as Attachment E); (vi) a Preliminary Official Statement and an Official Statement with respect to the issuance and sale of the bonds; and (vii) a Bond Purchase Agreement among Wheat, First Securities, Inc. ("Underwriter"), the Principal Members and the Authority (attached as Attachment F). All of the documents listed above, except the Preliminary Official Statement, Official Statement and the Bond Purchase Agreement, are to be dated for reference as of May 1, 1993. All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Resolution as the "Basic Documents."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ALEXANDRIA, VIRGINIA:

1. Issuance of Bonds. The City of Alexandria requests the Authority to issue its Bonds in the maximum amount of $6,585,000 to be paid from revenues derived from payments made by the Principal Members pursuant to the Financing Lease subject to paragraph 6.
31

2. Authorization of Financing_Documents. The Bonds and the Basic Documents, including the Exclusive Leasing Agreement which is Exhibit I to the Purchase Contract, are approved in substantially the forms on file with the City, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the city manager, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the city is a party. The city is authorized to execute and deliver the Basic Documents to which it is a party and is authorized to perform as required in connection therewith.

3. Execution of Documents. The city manager is authorized to execute on behalf of the city the Basic Documents, including any attachments to the Basic Documents, to which the city is a party, and, if required, the city clerk is authorized and directed to affix or to cause to be affixed the seal of the city to the Basic Documents executed by the manager and to attest such seal. Such officers or their designees are authorized to execute and deliver on behalf of the City such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the City are in all respects approved, ratified and confirmed.

4. Sale of Bonds. The city manager is authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriter and to execute and deliver the Bond Purchase Agreement; provided that (i) the true interest cost of the Bonds shall not exceed 7%; (ii) the aggregate principal amount of the Bonds shall not exceed $6,800,000; (iii) the sale price of the Bonds to the Underwriter excluding original issue discount, if any, shall not be less then 97% of the aggregate principal amount thereof; and (iv) the final maturity of the Bonds shall not be later than 22 years from their date. The approval of such officers shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement.

5. Approval of Official Statement. The Official Statement with respect to the issuance and sale of the bonds is hereby approved in substantially the form of the Preliminary Official Statement on file with the City. The distribution of the Preliminary Official Statement and the Official Statement is approved. The city manager, to the extent necessary or appropriate, is authorized to deem the portions of the Preliminary Official Statement applicable to the City "final" for purposes of Securities and Exchange Commission Rule 15c2-12.

6. Nature of Obligation. Nothing in this Resolution, the Bonds or the Basic Documents shall constitute a debt of the city, and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the Principal members under the Financing Lease. The city manager is authorized and directed to submit for each fiscal year a request to the city council for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease for the next fiscal year. The city manager is also authorized and directed to make additional requests for appropriations during the course of any fiscal year as necessary or appropriate for the performance of the city's obligations under the Financing Lease. The city's obligation to make payments to the Authority pursuant to this Resolution shall be subject to and dependent upon annual appropriations being made from time to time by the city council for such purpose. Nothing in this Resolution, the Bonds or the Financing Lease shall constitute a pledge of the full faith and credit of the city beyond the constitutionally permitted annual appropriations.
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7. Effective Date. This Resolution shall take effect immediately.

(A copy of the Attachments A through F referred to as attachments in the resolution are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28(d); 4/17/93, and is incorporated herewith as part of this record by reference.

Attachment C, Financing Lease, includes an updated cover page dated 4/20/93, together with a new page 3 and new pages 11 and 11a are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1(a) of Item No. 28(d); 4/17/93, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated April 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit Item No. 2 of Item Nos. 28(a-d); 4/17/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council authorized the City Manager to execute the required documents on behalf of the City and to take any necessary action to accomplish the intended acquisition, financing and relocation of the Academy's facilities. The voting was as follows:

Jackson "aye" Donley out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"

28. (e) Consideration of granting an easement to Prince William County on property owned by the Northern Virginia Criminal Justice Academy.

(A copy of the City Manager's memorandum dated April 17, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28(e); 4/17/93, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

OTHER
(A copy of Ms. Godfrey's letter dated April 16, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 4/17/93, and is incorporated herewith as part of this record by reference.).
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 30 - 41
Planning Commission (continued)
30. TA #92-030 - Public Hearing and Consideration of text amendments to Article VII (Supplemental Zone Regulations), Section 7-1200 (Utilities), Subsection 7-1202 (Special Use Utilities), of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of eliminating the special use permit requirement for freestanding pad-mounted transformers, and changing the term "static transformer stations" to "electric power substations". Staff: Department of Planning and Community Development
31. TA #93-011 - Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of Alexandria, Virginia, to allow owners of noncomplying structures to make vertical additions within the same footprint or additions in line with the existing building line with a special use permit. Staff: Department of Planning and Community Development
32. MPA #93-001 - Public Hearing and Consideration of an amendment to the Old Town Small Area Plan chapter of the Master Plan to modify the policy with respect to new restaurants in Old Town. Staff: Department of Planning and Community Development.
33. TA #92-018 - Public Hearing and Consideration of an amendment to Article V (Mixed Use Zones); Section 5-600 (CDD/Coordinated Development District), Subsection 5-602 (Coordinated Development Districts Created, Consistency with Master Plan, Required Approvals) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of increasing the by-right building heights permitted in CDD #3 (Cameron Center) from 77 feet to 100 feet. Staff: Department of Planning and Community Development.
34. SUP #2656 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 5514 Dawes Avenue; zoned R-20, Residential. Applicant: Revonda C. Gadoua.

35. SUP #2677 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 951 North Fairfax Street; zoned OCM-50, Office Commercial Medium. Applicant: Ya Ali, Inc.

COMMISSION ACTION: Deferred by Staff Prior to Hearing.
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36. ENCROACHMENT #93-002 - Public Hearing and Consideration of a request for an encroachment into the public street right-of-way for a brick fence and landscaping for the property located in the 200 block of Aspen Street; zoned R-8, Residential. Applicant: Virginia Building Corporation, by Carson Lee Fifer,Jr., attorney.
37. MPA #93-002 - Public Hearing and Consideration of an amendment to the Potomac Yard/Potomac Greens Small Area Plan chapter of the 1992 Master Plan by changing Coordinated Development District (CDD) principles for the Potomac Yard/Potomac Greens CDD. Applicant: RF&P Corporation, by Harry P. Hart, attorney.
38. TA #93-010 - Public Hearing and Consideration of an amendment to Article V (Mixed Use Zones), Section 5-600 (Coordinated Development Districts Created, Consistency with Master Plan, Required Approvals) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of increasing the CDD Special Use Permit building heights in CDD #3 (Cameron Center) from 200 feet, with a maximum average of 150 feet, to 225 feet, with a variety of building heights.
COMMISSION ACTION: Meeting Recessed to 5/4/93.

39. VACATION #93-002 - Public Hearing and Consideration of a request for vacation of a portion of the Mill Road public street right-of-way located near 2901 Eisenhower Avenue and 233 Telegraph Road; zoned CDD, Coordinated Development District. Applicant: Alexandria Research Center Limited Partnership, c/o Metropolitan Asset Management, Inc., by Harry P, Hart, attorney.

COMMISSION ACTION: Meeting Recessed to 5/4/93.

40. CDD #3 (CAMERON CENTER)--APPLICATION #93-1
SUP #2663 - Public Hearing and Consideration of a request for the following approvals in conjunction with the Foundry development project:
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COMMISSION ACTION: Meeting Recessed to 5/4/93.

41. Public Hearing and Consideration of an Appeal of the Decision of the Board of Architectural Review, Old and Historic District, on January 19, 1993, Denying Approval of a Rear Addition and Alterations to the Townhouse at 813 South Royal Street, by James N. Wilhoit, Applicant.
(A copy of the applicant's letter of withdrawal received March 23, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 4/17/93, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the deferrals and withdrawals.

New Business Item No. 1: WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council moved to convene an executive session at 6:30 p.m., on Monday, April 19, 1993, for purpose of consulting with and receiving a briefing from legal counsel pertaining to the following pending litigation involving the city, or a city officer or employee pursuant to section 2.1-344(7) of the Virginia Code: *City of Alexandria v. Potomac Greens Associates Limited . Partnership, a case pending in the U.S. Court of Appeals for the Fourth Circuit and in which the Virginia Supreme Court yesterday issued an opinion. The voting was as follows:

Jackson "aye" Cleveland "aye"
Pepper "aye" Donley out of room
Ticer "aye" Rich "aye"
Speck "aye"
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, at 3:15 p.m., the Public Hearing Meeting of Saturday, April 17, 1993, was adjourned. The voting was as follows:

Pepper "aye" Cleveland "aye"
Jackson "aye" Donley out of room
Ticer "aye" Rich "aye"
Speck "aye"




ATTEST:


____________________________
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.

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