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Public Hearing Meeting
Saturday, December 13, 2008 - - 9:30 a.m.

* * * * *

Present: Mayor William D. Euille, Vice Mayor Redella S. Pepper, Members of Council Ludwig P. Gaines, K. Rob Krupicka, Timothy B. Lovain, Paul C. Smedberg and Justin M. Wilson.

Absent: None.

Also Present: Mr. Hartmann, City Manager; Mr. Pessoa, City Attorney; Mr. Spera, Assistant City Attorney; Ms. Evans, Deputy City Manager; Mr. Jinks, Deputy City Manager; Mr. Mason, Special Assistant to the City Manager; Police Captain Ogden; Ms. Hamer, Director, Planning and Zoning; Mr. Josephson, Deputy Director, Planning and Zoning; Ms. Wright, Planning and Zoning; Mr. Wagner, Planning and Zoning; Mr. Bray, Planning and Zoning; Ms. Mitten, Planning and Zoning; Ms. Ryan, Planning and Zoning; Ms. Rafferty, Planning and Zoning; Ms. Escher, Planning and Zoning; Ms. Oviatt, Planning and Zoning; Ms. Oaks, Planning and Zoning; Ms. Contrares, Planning and Zoning; Mr. Catlett, Director, Code Administration; Mr. Hunt, Code Administration; Mr. Kincannon, Director, Recreation, Parks and Cultural Activities; Mr. Kagawa, Recreation, Parks and Cultural Activities; Ms. Boyd, Director, Citizen Assistance; Mr. Johnson, Director, Office of Management and Budget; and Mr. Lloyd.

Recorded by: Jacqueline M. Henderson, City Clerk and Clerk of Council

OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the City Clerk called the roll; all the members of Council were present.

2. Public Discussion Period.

(a) Frank Shafroth, 410 Virginia Avenue, professor at George Mason University, noted that City employees Dianne Gittins and Shelly Santos will be receiving their masters in public administration this month. He also spoke about ethics and how it affects a community. He said the newly elected official on the School Board spent 10 years putting together a program on ethics and he would be an enormous resource, and there is also a person in the City who is the CEO and president of the American Association for Retirement Homes and Services for the Elderly and is one of the foremost non-profit ethics experts in the world, and he would hope the Mayor and Council could appoint a small group so Alexandria could be one of the leading communities on ethics across the United States.

(b) Nancy Jennings, 2115 Marlboro Drive, spoke about concerns with Ft. Ward Park, noting that in the past four years, they have seen activities that are better suited in an industrial area, as well as poorly designed projects being brought into the park and they negatively affect the Arboretum and the quality of life in the neighborhoods. She asked that they cease and desist in the park until a plan is developed that they all can live with.

(c) Thad Pilley, 4014 Ellicott Street, spoke about Ft. Ward Park and noted that since 2005, there is an increasing level of noise coming from the park, where people play loud music to where the windows in his house rattle.

(d) Tom Fulton, 4020 Ellicott Street, spoke about Ft. Ward Park and noted the uses for the park. He noted the history of the park and said their concern is that the story of Ft. Ward is not being told and there is a much bigger story, and the plan should incorporate those things and the uses of the park that impact the neighbors and the history that is not being addressed.

(e) J. Glen Eugster, 4022 Ellicott Street, spoke about Ft. Ward Park and said he has been communicating with more than 55 homeowners near the park. He said City park managers have routinely ignored, resisted and worked against taxpayer's concerns with crime, garbage, flooding, crowds, noise and cultural resource degradation. He said they also complained of the noise levels and large crowds at the park. He said that when asked, they were told that no plan exists for the park, but they did find a plan on the website dated October 2008, but the plan didn't address the concerns they have expressed and has no goal and objectives and does not include all areas of the park. He asked that time be taken to prepare a quality plan and remove the present study and call for a process to develop a plan rather than carry out a preconceived proposal. Mr. Eugster also presented comments for the record from Mr. Dennis Carroll, who could not be available to speak this morning.

Mayor Euille asked that there be a briefing at a January work session in terms of the issues and challenges with regard to the park and the status of the study, so Council will have a better understanding in terms of what the issues are about, and then Council can talk about the process for the protection and enhancement of the park.

Director of Recreation, Parks and Cultural Activities Kincannon addressed what staff has been doing to address the communities issues, and he responded to questions of City Council.

(f) Linda Couture, 505 Duke Street, representing the Old Town Civic Association, spoke about the current waterfront planning process, the consultants and the waterfront committee, and noted that the Waterfront Committee should be the project manager instead of the primary stakeholder, so all the citizens can be assured that they have had a voice at the appropriate and early stages of the planning rather than feel constrained to voice their thoughts after a plan is designed and brought to City Council.

Mayor Euille said this will be discussed and acted upon after the first of the year.

(g) Amy Slack, 2307 E. Randolph Avenue, extended seasons greetings to City Council and she sent out a special get-well to Judy Lowe as she recuperates after complications from surgery.

(h) H. Steven Dolan, 2906 Commonwealth Avenue, said he is across the street from the Mt. Vernon Commons, which is the old Chinese restaurant and yellow cab buildings which are vacant, and he said when the developer came in to City Council for an extension, he spoke about having the buildings taken down before they became a problem, and it's been six months and the buildings are still there.

Ms. Wright, division chief, Development Division, Planning and Zoning, said the issue is getting their financing.

Mayor Euille said staff has been asked to give an update.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR

Planning Commission

3. SPECIAL USE PERMIT #2008-0074
210 WESMOND DRIVE
FAMILY DAY CARE
Public Hearing and Consideration of a request to operate a home child day care; zoned RB/Residential. Applicant: Darnella and James Shelby Sr.

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/13/08, and is incorporated as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Gaines, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the consent calendar as follows:

3. City Council approved the Planning Commission recommendation.

The voting was as follows:

Gaines "aye" Krupicka "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

None.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

4. TEXT AMENDMENT #2008-0008
PUBLIC RECYCLING CENTERS IN INDUSTRIAL ZONES
Public Hearing and Consideration of a request for a text amendment to the Zoning Ordinance to allow public recycling centers in the industrial zone as a permitted use. Staff: Department of Planning and Zoning

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

5. SPECIAL USE PERMIT #2008-0079
320 KING STREET
SANDELLAS FLATBREAD CAFE
Public Hearing and Consideration of a request to operate a restaurant; zoned CD/Commercial Downtown. Applicant: DC Sandella's Franchise, LLC by Duncan Blair, attorney

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/13/08, and is incorporated as part of this record by reference.)

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

(a) Duncan Blair, 524 King Street, attorney representing the applicant, noted that the applicant agrees to the $500 contribution for the trash can.

Deputy Director of Planning and Zoning Josephson noted that a condition was left out of the report dealing with the $500 contribution for the litter fund and he asked Council to include that in the motion.

There was discussion about the tree policy, signs for the building, as well as the hours of operation for the restaurant.

Mayor Euille asked if the restaurant would be smoke-free, to which Mr. McGinniss, with BMK Architects, stated that it would be smoke-free.

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation, with the amendment presented by staff to add the condition to require the $500 contribution toward the litter fund. The voting was as follows:

Smedberg "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

6. DEVELOPMENT SPECIAL USE PERMIT #2007-0035
2903 MOUNT VERNON AVENUE
MIXED USE RETAIL/OFFICE BUILDING
Public Hearing and Consideration of a request for a form-based development special use permit, with site plan and modifications, to construct a retail/office mixed use building and a request for a technical parking reduction, under the Mount Vernon Avenue Plan Design Guidelines; zoned CL/Commercial Low. Applicant: Julie Wadler by Howard Maginniss of BMK Architects

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/13/08, and is incorporated as part of this record by reference.)

Ms. Contrares, Planning and Zoning, made a presentation of the report and responded to questions of City Council.

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

(a) Maryanne Thacker, 1 Clifford Avenue, spoke of her concerns with the parking, which is at the back gate of her house, and she spoke of the traffic being able to see getting out of the alley, as well as notice of the public meetings.

(b) Amy Slack, 2307 E. Randolph Avenue, speaking on behalf of the Del Ray Citizens Association, said the land use committee recommended support with the condition that does not permit vehicles to leave the site via the alley, and she said large vehicles would have difficulty navigating the turn from the parking lot into the 10 foot wide alley, and they request a "do not enter" sign at the access point from the parking lot into the alley.

(c) David Fromm, 2307 E. Randolph Avenue, president, Del Ray Citizens Association, spoke about the concerns of providing access to the alley, along with cut-through traffic from Hume Avenue through the parking lot, and they foresee that there will be cut-through traffic, and he asked that this go to T&ES for analysis to come up with an appropriate solution.

(d) Skip Maginniss, 209 Commerce Street, with BMK Architects, spoke in favor of the request and noted that they have been working on all the issues brought up.

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation, with the provision that access to the alley be reviewed by staff and the community with the objective of minimizing the uses of the alley as an egress and exit, understanding there are certain uses that may be appropriate for it, thereby giving the Planning Director and the community the ability to work through that.

Councilman Krupicka noted that the intersection stop light will need to be reevaluated, and he encouraged the applicant to sit down with the neighbors to understand the process and how it will impact them.

The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

7. DEVELOPMENT SPECIAL USE PERMIT #2008-0016
315, 317 AND 321 FIRST STREET
SAINT ANTHONY'S DAY SCHOOL
Public Hearing and Consideration of a request for a development special use permit, with site plan, for the expansion of a day care center, an increase in floor area ratio and a parking reduction; zoned CDX/Commercial Downtown. Applicant: Patricia Hall Choiniere by Howard Maginniss of BMK Architects

PLANNING COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Councilman Smedberg and carried unanimously, City Council closed the public hearing and approved the Planning Commission recommendation. The voting was as follows:

Wilson "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Lovain "aye"

ORDINANCES AND RESOLUTIONS

8. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the City’s Purchasing Regulations to Conform To Recent Changes in State Law. (#14, 12/9/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 17, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 8; 12/13/08, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 8; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the City's purchasing regulations to conform to recent changes in State Law. The voting was as follows:

Wilson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Smedberg "aye"

The ordinance reads as follows:

ORDINANCE NO. 4567

AN ORDINANCE to amend and reordain Section 3-3-62 (CONDITIONS FOR USE) and Section 3-3-69 (CONTRACTING FOR PROFESSIONAL SERVICES BY COMPETITIVE NEGOTIATION, of Division 2 (COMPETITIVE NEGOTATION), Article D (CONTRACT FORMATION AND METHODS OF SOURCE SELECTION), Chapter 3 (PURCHASES AND CONTRACTUAL SERVICES), Title 3 (FINANCE, TAXATION AND PROCUREMENT), of the Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-3-62 of The Code of the City of Alexandria, Virginia, 1981 as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 3-3-62 Conditions for use.

(a) Upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, goods, services or insurance may be procured by competitive negotiation. The writing shall document the basis for this determination. Notwithstanding the foregoing, upon a determination made in advance by the purchasing agent that the procurement of insurance by competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed broker or agent selected through competitive negotiation. The basis for this determination shall be documented in writing.

(b) Construction may be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination:

(1) for the construction, alteration, repair, renovation or demolition of buildings or structures when the contract is expected to equal or be less than $1 million;

(2) on a fixed price design-build basis or construction management basis under section 2.2-4308 of the Code of Virginia, 1950, as amended, when the contract is not expected to cost more than $1 million;

(3) the construction of highways, streets and alleys;

(4) the draining, dredging, excavation or grading of, or similar work upon, real property; or

(5) as otherwise provided in section 3-3-70.

Section 2. That Section 3-3-69 of The Code of the City of Alexandria, Virginia, 1981 as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 3-3-69 Contracting for professional services by competitive negotiation.

(a) Professional services shall be procured by competitive negotiation.

(b) The purchasing agent shall engage in individual discussions with two or more offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project and to explore alternative concepts of performance of the contract. The request for proposals shall not seek estimates of person hours or costs for services. However, these discussions may encompass nonbinding estimates of total project costs, including where appropriate design, construction and life cycle costs. Methods to be utilized in arriving at the price for services may also be discussed. Proprietary information from competitive offerors shall not be disclosed to the public or to competitors. At the conclusion of the discussions and on the basis of evaluation factors published in the request for proposals and all information developed in the selection process to this point, the purchasing agent shall select in the order of preference two or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the city can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations shall be conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the city may award contracts to more than one offeror. If, at the conclusion of the discussions, the purchasing agent determines in writing and in his sole discretion that only one offeror is fully qualified or that one offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. Once formally terminated, negotiations may not be reopened with any offeror.

(c) With respect to the procurement of legal services, the duties and responsibilities imposed upon the purchasing agent in subsection (b) above shall devolve upon the city attorney.

(d) A contract for architectural or professional engineering services relating to construction projects may be negotiated by the purchasing agent, for multiple projects provided (i) the projects require similar experience and expertise, (ii) the nature of the projects is clearly identified in the request for proposals, and (iii) the contract term is limited to one year or when the cumulative total project fees reach the maximum cost authorized in this paragraph, whichever occurs first. Such contract may be renewable for two additional term one-year terms at the option of the city, as exercised by the purchasing agent. Under such contract, (a) the fair and reasonable prices, as negotiated, shall be used in determining the cost of each project performed; (b) the sum of all projects performed in one contract term shall not exceed one million dollars; and (c) the project fee of any single project shall not exceed $500,000. Any unused amounts from one contract term shall not be carried forward to a successive term. Competitive negotiations for such contracts may result in awards to more than one offeror provided (1) the request for proposals so states, and (2) the purchasing agent has established procedures for distributing multiple projects among the selected contractors during the contract term.

(e) Multiphase professional services contracts satisfactory and advantageous to the city may be negotiated and awarded based on a fair and reasonable price for the first phase only, when completion of the earlier phases is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

9. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish the Open Space Trust Fund Funding Level for Calendar Year 2009. (#15, 12/9/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated December 4, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 9; 12/13/08, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 9; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to establish the open space trust fund funding level for calendar year 2009. The voting was as follows:

Smedberg "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

The ordinance reads as follows:
ORDINANCE NO. 4568

AN ORDINANCE to amend and reordain Section 3-1-2 (OPEN SPACE TRUST FUND ACCOUNT) of Chapter 1 (GENERAL PROVISIONS) of Title 3 (FINANCE, TAXATION AND PROCUREMENT) of the Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 3-1-2 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 3-1-2 Open Space Trust Fund Account.

(a) Establishment of account. There is hereby established for the City of Alexandria a permanent account within the Capital Projects Fund to be known and designated as The City of Alexandria Open Space Trust Fund Account, which account shall be accounted for and maintained separate and apart from all other accounts maintained by the City of Alexandria.

(b) Funding of account. There is hereby assigned and appropriated to such account, from January 1, 2009 until June 30, 2009, and for the fiscal year commencing July 1, 2009 and in each succeeding fiscal year, from the tax on real estate levied pursuant to section 3-2-181 of this Code, in addition to all other appropriations made to such account, if any, the sum of 0.3 percent of the total amount of tax so levied.

(c) Expenditures from account. Notwithstanding any contrary provision of law, appropriations from the said account shall be authorized and made exclusively to finance permanent open space public improvements included in the capital budget. Unexpended appropriations to such account shall not lapse or expire at the end of the fiscal year in which made, irrespective of whether such appropriations were encumbered within such fiscal year.

(d) Open space public improvements defined. As used in this section, permanent open space public improvements means land acquired by the city in fee or by perpetual easement, and dedicated to outdoor recreational and park uses, whether active, passive or natural resource area, for the use of the general public, together with accessory buildings and structures incidental and subordinate to the outdoor recreational and park uses of such acquired land, and capital expenditures including but not limited to, demolition, clean-up, grading, engineering and design work, and the acquisition and installation of furniture, structures, landscaping, apparatus and facilities, for such use and improvement of the site.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

10. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Provide Enhanced Enforcement Against Littering and Related Offenses. (#16, 12/9/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated December 4, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 10; 12/13/08, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 12/13/08, and is incorporated as part of this record by reference.)

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

(a) Ann Plamondon, 5332 Taney Avenue, spoke in favor of the ordinance.

WHEREUPON, upon motion by Councilman Gaines, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to provide enhanced enforcement against littering and related offenses. The voting was as follows:

Gaines "aye" Pepper "aye"
Krupicka "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4569

AN ORDINANCE to repeal Section 13-1-21 (THROWING, LEAVING, ETC., GARBAGE, MIXED REFUSE, DEAD ANIMALS, ETC., ON PRIVATE PREMISES) and Section 13-1-22 (THROWING, LEAVING, ETC., GARBAGE, MIXED REFUSE, DEAD ANIMALS, ETC., ON STREETS, ETC., PERMIT FOR DEPOSIT OF BUILDING MATERIALS), of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES), and to amend the said Chapter 1, Title 13 by adding thereto a new Section 13-1-22.1 (PROHIBITION AGAINST LITTERING AND OTHER IMPROPER DISCARD OR DISPOSAL), all of the Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 13-1-21 and Section 13-1-22 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby are, repealed, and such section numbers are hereafter reserved.

Section 2. That Chapter 1, Title 1 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 13-1-21.1, to read as follows:

Sec. 13-1-21 – Prohibition against Littering and Other Improper Discard or Disposal

(a) DEFINITIONS

The following words and terms, when used in this section, shall for the purpose of this section have the following meanings ascribed to them in this section:


(b) Administration and enforcement.

The Director of Transportation and Environmental Services, or his designee, shall be responsible for the administration of this section and shall have the authority to enforce compliance through the use of civil remedies as authorized by this section. Further, any law enforcement officer or sworn special police officer is authorized to enforce the provisions of subsections (c)(2) and (d) hereof through the issuance of traffic citations.

(c) Unlawful disposal of litter.

(d) Securing and covering loads

(e) Duty of owners and occupants

(f) Construction sites

(g) Litter receptacles at places frequented by the public

(h) Enforcement

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage; except that the repeal provided for in Section 1 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any prosecution, suit or proceeding pending, or any judgment or conviction rendered, prior to December 13, 2008.

11. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the City’s Vehicle Impound Regulations to Conform To Recent Changes in State Law. (#17, 12/9/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated December 3, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 11; 12/13/08, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried 6-0 by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the City's vehicle impound regulations to conform to recent changes in State Law. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg absent
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4570

AN ORDINANCE to amend and reordain 5-8-24 (NOTICE THAT VEHICLE HAS BEEN IMPOUNDED) of Article C (DISPOSITION OF ABANDONED, UNATTENDED AND IMMOBILE MOTOR VEHICLES), Chapter 8 (PARKING AND TRAFFIC REGULATION), 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 5-8-24 of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby amended and reordained to read as follows:

Sec. 5-8-24 Notice that vehicle has been impounded.

(a) The authorized city official directing the removal of any vehicle under this article, a designee of the official or another city employee designated by the city manager, shall, within 15 days of the impoundment of the motor vehicle, by registered or certified mail, return receipt requested, provide notice to the owner of record of the impounded vehicle and to any person holding a security interest of record against the vehicle, as shown in records maintained by the department of motor vehicles; provided, that the vehicle has not already been released from the impoundment facility. The notice shall state the following: (i) the year, make, model and registration number of the motor vehicle; (ii) the address where the vehicle is being held; (iii) that the owner and any person having a security interest in the vehicle may reclaim the vehicle within 15 days from the date of the notice, after payment of all towing and storage charges resulting from the removal and storage of the vehicle; and (iv) that the failure of the owner and the persons having a security interest in the vehicle to reclaim the vehicle within the provided time period shall constitute both a waiver by the owner and such persons of all right, title and interest in the vehicle, and the consent by each of them to the sale of the vehicle at a public auction.

(b) If the records of the department of motor vehicles contain no address for the owner of an impounded vehicle or no address for any person shown by the department's records to have a security interest in the vehicle, and if such addresses cannot otherwise be determined with reasonable certainty, it shall be the responsibility of the authorized city official who directed the removal of the vehicle, a designee of the official or another city employee designated by the city manager to cause a notice to be published once in a newspaper of general circulation in the city. Such notice shall be published within the time limit set out in, and shall have the same contents required under, subsection (a) for a notice by mail. The failure of the owner and the person having a security interest in an impounded vehicle to reclaim the vehicle following notice by publication shall have the same consequences as those following a failure to reclaim after notice by mail. Any notice by publication may contain multiple listings of impounded motor vehicles.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

12. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Master Plan to Incorporate Approved Changes Within the Potomac Yard Plan Area. (#18, 12/9/08) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried 6-0 by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the master plan to incorporate approved changes within the Potomac Yard Plan Area. The voting was as follows:

Wilson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Smedberg absent

The ordinance reads as follows:

ORDINANCE NO. 4571

AN ORDINANCE to amend and reordain the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 2008-0003 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 2008-0003, the Planning Commission approved an application to amend the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan (2008 ed.) of the City of Alexandria, to increase allowable heights in certain areas and eliminate specific proportional requirements for townhouse, stacked townhouse and multifamily dwellings.

2. The said amendment has heretofore been approved by the planning commission, and city council with an amendment, 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 Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan (2008 ed.) of the City of Alexandria, be, and the same hereby is, amended (1) by changing the Predominate Height Limits Map to increase the allowable building heights to 82 feet between Route 1 and Main Street, and to increase the allowable building heights to 110 feet between Main Street and Potomac Avenue; (2) to eliminate the CDD Guideline requirement that “At least one-third of the residential units be townhomes; no more than one-third shall be multifamily units; no more than one-third shall be stacked townhomes,” and (3) add a new CDD Guideline requirement that “The residential buildings within Potomac Yard and each Landbay shall consist of a variety of building types and heights which should include townhouses, stacked-townhouses, and multi-family units.”

Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing master plan amendment, as part of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia.

Section 3. That all provisions of the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia, as may be inconsistent with the provisions of this ordinance be, and same hereby are, repealed.

Section 4. That the 1992 Master Plan (2008 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia.

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

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

13. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Zoning Ordinance to Incorporate Approved Changes Within the Potomac Yard CDD. (#19, 12/9/08) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Krupicka, seconded by Vice Mayor Pepper and carried 6-0 by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the Zoning Ordinance to incorporate approved changes within the Potomac Yard CDD. The voting was as follows:

Krupicka "aye" Gaines "aye"
Pepper "aye" Lovain "aye"
Euille "aye" Smedberg absent
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4572

AN ORDINANCE to amend and reordain Table 1 (COORDINATED DEVELOPMENT DISTRICTS) of Section 5-602(A), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICTS), by amending CDD No. 10 (POTOMAC YARD/GREENS), all of the City of Alexandria Zoning Ordinance, in accordance with the text amendment heretofore approved by city council as Text Amendment No. 2008-0003.

WHEREAS, the City Council finds and determines that:

1. In Text Amendment No. 2008-0003, the planning commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, approved an application to amend CDD No. 10, to provide for the conversion of office use to retail use with approval of a special use permit;

2. The City Council in adopting this ordinance expressly adopts, ratifies, affirms and concurs in the finding and action of the Planning Commission above stated;

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 Table 1 of Section 5-602(A) be, and the same hereby is, amended by inserting new language for CDD No. 10, Potomac Yard/Greens, as shown:

CDD No.
10
CDD Name

Potomac Yards/Greens
Without a CDD Special Use Permit_________________
Maximum F.A.R. and/or Development Levels
With a CDD Special Use Permit
_________________
Maximum Heights
_________________
Uses
The RB zone regulations shall apply to the area south of the Monroe Avenue Bridge and east of the Metro Tracks, the CSL zone regulations shall apply on the first 250 feet east of Rte 1, and the I zone regulations shall apply on the remainder of the site; except that the U/T regulations shall apply to an area approximately 120 feet wide located just west of the Metrorail right-of-way (area shown on the plat for Case REZ #95-0005) for the purpose of accommodating the relocated rail mainline on the yard, and except also that the area known as the “Piggyback Yard” and Slaters Lane portion of Potomac Yard (as shown on the plat for Case REZ #95-0004) may be developed pursuant to the CRMU-L zone provided that the Piggyback Yard:
- shall contain no more than 275 dwelling units;
- shall contain no more than 60,000 square feet of commercial space, of which no more than 30,000 square feet shall be office;
- shall be planned and developed pursuant to a special use permit;
- shall have a maximum height of 50 feet; and
- shall generally be consistent with the goals and guidelines of the small area plan.
Up to 1.900,000 square feet of office space, except that office square footage may be converted to retail square footage through the special use permit process. Up to 625 hotel rooms. Up to 735,000 square feet of retail space. Up to 2,200 residential units. Heights shall be as shown on the map entitled “Predominate Height Limits for CDD” (Map No. 24, Potomac Yard/Potomac Greens Small Area Plan Chapter of 1992 Master Plan (1998 2008 ed.)).Predominantly residential, with a mix of land uses to include office, retail and service, hotel, parks and open spaces, and community facilities.

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

Section 3. That Section 5-602(A), as amended pursuant to Section 1 of this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective on the date and at the time of its final passage, and shall apply to all applications for land use, land development or subdivision 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, 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.

14. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Zoning Ordinance to Simplify Small Business Approval Procedures and Standards. (#20, 12/9/08) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated December 5, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 14; 12/13/08, and is incorporated as part of this record by reference.

A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 12/13/08, and is incorporated as part of this record by reference.)

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

(a) Amy Slack, 2307 E. Randolph Avenue, addressed item #3 relating to special use permit applications being made available on-line, and she pointed out that the SUP viewer can only be viewed with Internet Explorer, and she doesn't use Internet Explorer.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Krupicka and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the Zoning Ordinance to simplify small business approval procedures and standards. The voting was as follows:

Pepper "aye" Gaines "aye"
Krupicka "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4573

AN ORDINANCE to amend and reordain Article 2 (DEFINITIONS), Article 3 (RESIDENTIAL ZONE REGULATIONS), Article 4 (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES), Article 5 (MIXED USE ZONES), Article 6 (SPECIAL AND OVERLAY ZONES) and Article 11 (DEVELOPMENT APPROVALS AND PROCEDURES), all of the City of Alexandria Zoning Ordinance, to simplify small business approval procedures and standards (Text Amendment No. 2008-0004).

WHEREAS, the City Council finds and determines that:

1. In Text Amendment No. 2008-0004 the planning commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, initiated and approved amendments to the Zoning Ordinance to simplify small business approval procedures and standards;

2. The City Council in adopting this ordinance expressly adopts, ratifies, affirms and concurs in the finding and action of the Planning Commission above stated;

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 Article 2, Article 3, Article 4, Article 5 Article 6 and Article 11 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended and reordained by incorporating therein the amendments hereinafter set forth, which shall be known as “The Small Business Zoning Improvement Ordinance of 2008.”

ARTICLE II: DEFINITIONS

2-133 Day care center. A facility other than a private family dwelling which receives children or adults for care, protection and supervision during part of a 24 hour day unattended by a parent or guardian. The term includes a child care center, preschool, nursery school and day nursery, and includes half day and full day programs.

2-153.1 Health and Athletic Club. An establishment which as its primary purpose provides facilities for exercise in both individual and class formats, and typically includes equipment for class exercises, ball court games, running and jogging, weight and strength training, swimming, and saunas, as well as showers and locker rooms. Accessory massage and similar services may be provided. Such establishments may be open only to members and their guests on a membership basis.

2-193.1 Shopping Center. A building or complex of buildings under common ownership and control which includes at least five independent retail businesses, provides shared parking, and is at least 35,000 square feet of floor area in size.

2-161.1 Industrial or flex space center. A building or complex of buildings under common ownership and control, which is no more than two stories in height, includes at least three independent businesses within it, and consists of at least 45,000 sf of floor area.

2-179.1 Office complex. A building or group of buildings under common ownership and control which is four or more stories in height and primarily office use , but may include other uses, and which is a minimum of 50,000 sq. ft. in size.

2--183 Personal service establishment. A store or shop providing personal, financial, technical or repair services, assistance or advice to individual consumers, including but not limited to:
Arts and crafts studios or stores;
Appliance repair and rental;
Banks, savings and loans, and credit unions;
Bicycle repair;
Barbershops and beauty shops;
Contractors' offices, without accessory storage;
Dressmakers and tailors;
Dry-cleaning and laundry pickup stations;
Laundromat;
Locksmiths;
Musical instrument repair;
Optical center;
Pawnshops;
Private school, academic or commercial, with a maximum of twenty students on the premises at any one time;
Professional photographer's studios;
Shoe repair;
Furniture upholstering shops;
Watch repair;
Printing and photocopy service;
Personal service establishments do not include, as either a primary or accessory use, automobile oriented uses; the sale, rental, storage, service or repair of any motor vehicles, including automobiles, trucks, buses, trailers, recreational vehicles and motorcycles; or any use separately listed in a zone.

ARTICLE III. RESIDENTIAL ZONE REGULATIONS

Sec. 3-100 R-20/Single-family zone.

3-102 Permitted uses.
The following uses are permitted in the R-20 zone:
(A) Single-family dwelling;
(B) Accessory uses, as permitted by section 7-100;
(C) Child or elder care home, as permitted by section 7-500;
(D) Church;
(E) Home occupation, as permitted by section 7-300;
(F) Public park;
(G) Public school;
(H) Utilities, as permitted by section 7-1200.

3-102.1 Administrative special uses. The following uses may be allowed in the R-20 zone with administrative approval pursuant to section 11-513 of this ordinance.
(A) Day care center within a church or school building.

3-103 Special uses.
The following uses may be allowed in the R-20 zone pursuant to a special use permit:
(A) Cemetery; (C) Reserved;
(D) Private school;
(E) Seminary, convent and monastery;
Sec. 3-200 R-12/Single-family zone.

3-202 Permitted uses.
The following uses are permitted in the R-12 zone:
(A) Single-family dwelling;
(B) Accessory uses, as permitted by section 7-100;
(C) Child or elder care home, as permitted by section 7-500;
(D) Church;
(E) Home occupation, as permitted by section 7-300;
(F) Public park;
(G) Public school;
(H) Utilities, as permitted by section 7-1200.

3-202.1 Administrative special uses. The following uses may be allowed in the R-12 zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-203 Special uses. The following uses may be allowed in the R-12 zone pursuant to a special use permit:
(A) Cemetery;
(B) Reserved; (D) Private school;
Sec. 3-300 R-8/Single-family zone.

3-302 Permitted uses.
The following uses are permitted in the R-8 zone:
(A) Single-family dwelling;
(B) Accessory uses, as permitted by section 7-100;
(C) Child or elder care home, as permitted by section 7-500;
(D) Church;
(E) Home occupation, as permitted by section 7-300;
(F) Public park;
(G) Public school;
(H) Utilities, as permitted by section 7-1200.

3-302.1 Administrative special uses.
The following uses may be allowed in the R-8 zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-303 Special uses. The following uses may be allowed in the R-8 zone pursuant to a special use permit:
(A) Cemetery;
(B) Reserved; (D) Private school;
Sec. 3-400 R-5/Single-family zone.

3-402 Permitted uses.
The following uses are permitted in the R-5 zone:
(A) Single-family dwelling;
(B) Accessory uses, as permitted by section 7-100;
(C) Child or elder care home; as permitted by section 7-500;
(D) Church;
(E) Home occupation, as permitted by section 7-300;
(F) Public park;
(G) Public school;
(H) Utilities, as permitted by section 7-1200.

3-402.1 Administrative special uses.
The following uses may be allowed in the R-5 zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-403 Special uses. The following uses may be allowed in the R-5 zone pursuant to a special use permit:
(A) Cemetery;
(B) Reserved; (D) Private school;
Sec. 3-500 R-2-5/Single and two-family zone.

3-502 Permitted uses.
The following uses are permitted in the R-2-5 Zone:
(A) Single-family dwelling;
(B) Two-family dwelling;
(C) Accessory uses, as permitted by section 7-100;
(D) Child or elder care home, as permitted by section 7-500;
(E) Church;
(F) Home occupation, as permitted by section 7-300;
(G) Public park;
(H) Public school;
(I) Utilities, as permitted by section 7-1200.

3-502.1 Administrative special uses. The following uses may be allowed in the R-2-5 zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-503 Special uses. The following uses may be allowed in the R-2-5 zone pursuant to a special use permit:
(A) Cemetery;
(B) Reserved; (D) Private school;
Sec. 3-600 RA/Multifamily zone.

3-602 Permitted uses.
The following uses are permitted in the RA zone:
(A) Single-family dwelling;
(B) Two-family dwelling;
(C) Townhouse dwelling;
(D) Multifamily dwelling;
(E) Accessory uses, as permitted by section 7-100;
(F) Child or elder care home, as permitted by section 7-500;
(G) Church;
(H) Home occupation, as permitted by section 7-300;
(I) Public park;
(J) Public school;
(K) Utilities, as permitted by section 7-1200.

3-602.1 Administrative special uses.
The following uses may be allowed in the RA zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-603 Special uses. The following uses may be allowed in the RA zone pursuant to a special use permit:
(A) Cemetery;
(A.1) Day care center,
(B) Reserved;
(C) Home for the elderly; (E) Reserved;
(F) Nursing or convalescent home or hospice;
(G) Private school;
(H) Rooming house;
(I) Seminary, convent and monastery;
Sec. 3-700 RB/Townhouse zone.

3-702 Permitted uses.
The following uses are permitted in the RB zone:
(A) Single-family dwelling;
(B) Two-family dwelling;
(C) Townhouse dwelling;
(D) Accessory uses, as permitted by section 7-100;
(E) Child or elder care home as permitted by section 7-500;
(F) Church;
(G) Home occupation, as permitted by section 7-300;
(H) Public park;
(I) Public school;
(J) Utilities, as permitted by section 7-1200.

3-702.1 Administrative special uses.
The following uses may be allowed in the RB zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-703 Special uses. The following uses may be allowed in the RB zone pursuant to a special use permit:
(A) Cemetery;
(B) Day care center;
(C) Home for the elderly;
(D) Reserved;
(E) Nursing or convalescent home or hospice;
(F) Private school;
(G) Rooming house;
(H) Seminary, convent and monastery;
Sec. 3-800 RCX/Medium density apartment zone.

3-802 Permitted uses.
The following uses are permitted in the RCX zone:
(A) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Accessory uses, as permitted by section 7-100;
(D) Child or elder care home, as permitted by section 7-500;
(E) Church;
(F) Home occupation, as permitted by section 7-300;
(G) Public park;
(H) Public school;
(I) Utilities, as permitted by section 7-1200.

3-802.1 Administrative special uses. The following uses may be allowed in the RCX zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-803 Special uses. The following uses may be allowed in the RCX zone pursuant to a special use permit:
(A) Apartment hotel;
(B) Cemetery;
(C) Day care center;
(D) Home for the elderly;
(E) Nursery school;
(F) Nursing or convalescent home or hospice;
(G) Private school;
(H) Rooming house;
(I) Seminary, convent and monastery;
Sec. 3-900 RC/High density apartment zone.

3-902 Permitted uses.
The following uses are permitted in the RC zone:
(A) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Accessory uses, as permitted by section 7-100;
(D) Child or elder care home, as permitted by section 7-500;
(E) Church;
(F) Home occupation, as permitted by section 7-300;
(G) Public park;
(H) Public school; (J) Utilities, as permitted by section 7-1200.

3-902.1 Administrative special uses.
The following uses may be allowed in the RC zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-903 Special uses. The following uses may be allowed in the RC zone pursuant to a special use permit:
(A) Apartment hotel;
(B) Cemetery;
(C) Day care center; (E) Home for the elderly;
(F) Reserved;
(G) Nursing or convalescent home or hospice;
(H) Private school;
(I) Rooming house;
(J) Seminary, convent and monastery;
(K) The following commercial uses in a multifamily building of four or more stories in height if limited to an area the size of the first floor or a floor below it, whichever is less, and located on the first floor or any floor below the first floor of the building:
Sec. 3-1100 RM/Townhouse zone.

3-1102 Permitted uses.
The following uses are permitted in the RM zone:
(A) Single-family dwelling;
(B) Two-family dwelling;
(C) Townhouse dwelling;
(D) Accessory uses, as permitted by section 7-100;
(E) Child or elder care home, as permitted by section 7-500;
(F) Church;
(G) Home occupation, as permitted by section 7-300;
(H) Public park;
(I) Public school;
(J) Utilities, as permitted by section 7-1200.

3-1102.1 Administrative special uses.
The following uses may be allowed in the RM zone with administrative approval pursuant to section 5-513 of this ordinance.
(A) Day care center within a church or school building.

3-1103 Special uses. The following uses may be allowed in the RM zone pursuant to a special use permit:
(A) Bed and breakfast accommodation, as permitted by section 7-400;
(B) Cemetery;
(C) Day care center;
(D) Motor vehicle parking or storage, as permitted by section 8-600;
(E) Reserved;
(F) Nursing or convalescent home or hospice;
(G) Private school;
(H) Rooming house;
(I) Seminary, convent and monastery;
Sec. 4-100 CL/Commercial low zone.

4-102 Permitted uses.
The following uses are permitted in the CL zone: (A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery;
(E) Church;
(E.1) Day care center
(F) Medical laboratory;
(G) Medical office;
(G.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(H) Personal service establishment; (J) Public school; (K) Retail shopping establishment;
(L) Seminary, convent or monastery;
(M) Utilities, as permitted by section 7-1200;
(N) Accessory uses, as permitted by section 7-100.

4-102.1 Administrative special uses. The following uses may be allowed in the CL zone with administrative approval, subject to section 11-513 of this ordinance: (D) Overnight pet boarding if located in a shopping center.

4-103 Special uses.
The following uses may be allowed in the CL zone pursuant to a special use permit:
(A) Bus shelter on private property;
(B) Congregate housing facility;
(C.1) Day labor agency.
(D) Reserved
(E) Fraternal or private club;
(F) Funeral home;
(G) Home for the elderly;
(G.1) Massage establishment;
(H) Motor vehicle parking or storage for more than 20 vehicles;
(I) Reserved
(J) Nursing or convalescent home or hospice;
(J.1) Outdoor food and crafts market, other than pursuant to section 4-102.1;
(J.2) Outdoor garden center, other than pursuant to section 4-102.1;
(J.3) Overnight pet boarding, other than pursuant to section 4-102.1; (L) Public building;
(M) Restaurant, other than pursuant to 4-102 (J.1) or 4-102.1;
(N) Rooming house;
(O) Social service use.

4-107 Use limitations.

Sec. 4-200 CC/Commercial community zone.

4-202 Permitted uses.
The following uses are permitted in the CC zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery;
(E) Church;
(E.1) Day care center
(F) Medical laboratory;
(G) Medical office;
(G.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(H) Personal service establishment; (I) Public school; (J) Retail shopping establishment;
(K) Seminary, convent or monastery;
(L) Utilities, as permitted by section 7-1200;
(M) Accessory uses, as permitted by section 7-100.

4-202.1 Administrative special uses.
The following uses may be allowed in the CC zone with administrative approval, subject to section 11-513 of this ordinance:
4-203 Special uses. The following uses may be allowed in the CC zone pursuant to a special use permit:
(A) Automobile service station;
(B) Bus shelter on private property;
(C) Congregate housing facility;
(D) Convenience store;
(E) Reserved
(F) Reserved
(G) Drive through facility;
(H) Fraternal or private club;
(I) Funeral home;
(J) Home for the elderly;
(K) Light automobile repair;
(K.1) Massage establishment;
(L) Motor vehicle parking or storage for more than 20 vehicles;
(M) Reserved
(N) Nursing or convalescent home or hospice;
(N.1) Outdoor food and crafts market, other than pursuant to section 4-202.1;
(N.2) Outdoor garden center, other than pursuant to section 4-202.1;
(O) Overnight pet boarding, other than pursuant to section 4-202.1;
(P) Private school, academic or commercial, with more than 20 students at any one time;
(Q) Public building;
(R) Restaurant, other than pursuant to sections 4-202(I.1) or 4-202.1;
(S) Rooming house;
(T) Social service use.

4-207 Use limitations.
Sec. 4-300 CSL/Commercial service low zone.

4-302 Permitted uses.
The following uses are permitted in the CSL zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery;
(E) Church;
(E.1) Day care center;
(F) Medical laboratory;
(G) Medical office;
(G.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(H) Personal service establishment;
(H.1) Pet supplies, grooming and training business with no overnight accommodation;
(I) Public school;
(J) Retail shopping establishment; (K) Seminary, convent or monastery;
(L) Utilities, as permitted by section 7-1200;
(M) Accessory uses, as permitted by section 7-100.

4-302.1 Administrative special uses. The following uses may be allowed in the CSL zone with administrative approval, subject to section 11-513 of this ordinance:
4-303 Special uses. The following uses may be allowed in the CSL zone pursuant to a special use permit:
(A) Automobile service station;
(B) Automobile and trailer rental or sales area;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Building materials storage and sales;
(D) Bus shelter on private property;
(E) Catering operation;
(F) Congregate housing facility;
(G) Convenience store;
(H) Reserved
(H.1) Day labor agency.
(I) Reserved
(J) Drive through facility;
(K) Fraternal or private club;
(L) Funeral home;
(M) Glass shop;
(N) Home for the elderly;
(O) Laundry, dry cleaning operation;
(O.1) Light assembly, service and crafts;
(P) Light automobile repair;
(P.1) Massage establishment;
(Q) Motor vehicle parking or storage for more than 20 vehicles;
(R) Reserved
(S) Nursing or convalescent home or hospice;
(S.1) Outdoor food and crafts market, other than pursuant to section 4-302.1;
(S.2) Outdoor garden center, other than pursuant to section 4-302.1;
(S.3) Overnight pet boarding, other than pursuant to section 4-302.1;
(T) Parcel delivery; (W) Public building;
(X) Research and testing laboratory;
(Y) Restaurant, other than pursuant to sections 4-302 (J.1) or 4-302.1;
(Z) Rooming house;
(AA) Social service use;
(BB) Storage buildings and warehouses, not to include freight distribution centers;
(CC) Wholesale business.

4-307 Use limitations.

Sec. 4-400 CG/Commercial general zone.

4-402 Permitted uses.
The following uses are permitted in the CG zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery;
(E) Church; (E.2) Day care center; (F) Medical laboratory;
(G) Medical office;
(H.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(H) Personal service establishment; (J) Public school; (K) Retail shopping establishment;
(L) Seminary, convent or monastery;
(M) Utilities, as permitted by section 7-1200;
(N) Accessory uses, as permitted by section 7-100.

4-402.1 Administrative special uses. The following uses may be allowed in the CG zone with administrative approval, subject to section 11-513 of this ordinance:
4-403 Special uses.
The following uses may be allowed in the CG zone pursuant to a special use permit:
(A) Amusement enterprise;
(B) Apartment hotel;
(C) Automobile service station;
(D) Automobile and trailer rental or sales area;
(D.1) Bakery exceeding 3,500 square feet which includes a retail component;
(E) Bus shelter on private property;
(F) Congregate housing facility;
(G) Convenience store, other than pursuant to section 4-402 (E.1);
(H) Reserved
(H.1) Day labor agency.
(I) Reserved
(J) Drive through facility;
(K) Fraternal or private club;
(L) Funeral home;
(M) Health and athletic club, other than pursuant to section 4-402 (E.3);
(N) Home for the elderly;
(O) Hospital;
(P) Hotel;
(Q) Laundry, dry cleaning operation;
(R) Light automobile repair;
(R.1) Massage establishment;
(S) Medical care facility;
(T) Motor vehicle parking or storage for more than 20 vehicles;
(U) Reserved
(V) Nursing or convalescent home or hospice;
(V.1) Outdoor food and crafts market, other than pursuant to section 4-402.1;
(V.2) Outdoor garden center, other than pursuant to section 4-402.1;
(V.3) Overnight pet boarding, other than pursuant to section 4-402.1; (X) Public building;
(Y) Restaurant, other than pursuant to sections 4-402 (J.1) or 4-402.1;
(Z) Rooming house;
(AA) Social service use.

4-407 Use limitations.
Sec. 4-500 CD/Commercial downtown zone.

4-502 Permitted uses.
The following uses are permitted in the CD zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery; (F) City sponsored farmers' market;
(F.1) Day care center;
(G) Medical laboratory;
(H) Medical office;
(H.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(I) Personal service establishment; (L) Radio or TV broadcasting office and studio;
(L.1) Reserved
(M) Retail shopping establishment;
(N) Seminary, convent or monastery;
(O) Utilities, as permitted by section 7-1200;
(P) Accessory uses, as permitted by section 7-100.

4-502.1 Administrative special uses. The following uses may be allowed in the CD zone with administrative approval, subject to section 11-513 of this ordinance: 4-503 Special uses. The following uses may be allowed in the CD zone pursuant to a special use permit:
(A) Amusement enterprise;
(B) Apartment hotel;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Bed and breakfast accommodation, as permitted by section 7-400;
(D) Bus shelter on private property;
(E) Catering operation;
(F) Congregate housing facility;
(G.1) Day labor agency. (I) Fraternal or private club;
(J) Funeral home;
(K) Health and athletic club;
(L) Home for the elderly;
(M) Homeless shelter;
(N) Hospital;
(O) Hotel;
(O.1) Massage establishment;
(P) Medical care facility;
(Q) Motor vehicle parking or storage for more than 20 vehicles;
(R) Newspaper office, including printing and publishing facilities;
(S) Reserved
(T) Nursing or convalescent home or hospice;
(T.1) Outdoor food and crafts market, other than pursuant to section 4-502.1;
(T.2) Outdoor garden center, other than pursuant to section 4-502.1;
(T.3) Overnight pet boarding, other than pursuant to section 4-502.1; (V) Public building;
(W) Restaurant;
(X) Rooming house;
(Y) Social service use;
(Z) Tourist home;
(AA) Wholesale business.

4-507 Use limitations.

Sec. 4-600 CD-X/Commercial downtown zone (Old Town North).

4-602 Permitted uses.

(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Church;
(D.1) Day care center;
(E) Medical laboratory;
(F) Medical office;
(F.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(G) Personal service establishment;
(H) Pet supplies, grooming and training business, with no overnight accommodation;
(I) Public school;
(J) Radio or TV broadcasting facility;
(K) Retail shopping establishment; (L) Seminary, convent or monastery;
(M) Utilities, as permitted by section 7-1200;
(N) Accessory uses, as permitted by section 7-100.

4-602.1 Administrative special uses. The following uses may be allowed in the CD-X zone with administrative approval, subject to section 11-513 of this ordinance: 4-603 Special uses.
(A) Amusement enterprise;
(B) Apartment hotel;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Bus shelter on private property;
(D) Catering operation;
(E) Congregate housing facility;
(F) Reserved
(F.1) Day labor agency.
(G) Reserved
(H) Fraternal or private club;
(I) Funeral home;
(J) Health and athletic club, other than pursuant to section 4-602 (D.2);
(K) Home for the elderly;
(L) Homeless shelter;
(M) Hospital;
(N) Hotel;
(N.1) Massage establishment;
(O) Medical care facility;
(O.1) Motor vehicle parking or storage for more than 20 vehicles;
(P) Newspaper office, including printing and publishing facilities;
(Q) Reserved
(R) Nursing or convalescent home or hospice;
(R.1) Outdoor food and crafts market, other than pursuant to section 4-602.1;
(R.2) Outdoor garden center, other than pursuant to section 4-602.1;
(R.3.) Overnight pet boarding, other than pursuant to section 4-602.1; (T) Public building;
(U) Restaurant, other than pursuant to sections 4-602(K-1) or 4-602.1;
(V) Rooming house;
(W) Social service use;
(X) Tourist home;
(Y) Wholesale business.

4-607 Use limitations.
Sec. 4-700 CR/Commercial regional zone.

4-702 Permitted uses.
The following uses are permitted in the CR zone: (B) Health and athletic club; (D) Motor vehicle parking or storage;
(E) Personal service establishment;
(E.1) Pets supplies, grooming and training business with no overnight accommodation;
(E.2) Private school, commercial;
(F) Restaurant;
(G) Retail shopping establishment;
(H) Utilities, as permitted by section 7-1200;
(I) Accessory uses, as permitted by section 7-100.

4-702.1 Administrative special uses.
The following uses may be allowed in the CR zone with administrative approval, subject to section 11-513 of this ordinance: 4-703 Special uses. The following uses may be allowed in the CR zone pursuant to a special use permit:
(A) Automobile service station;
(A.1)Bakery exceeding 3,500 square feet which includes a retail component;
(B) Bus shelter on private property;
(C) Reserved
(D) Reserved
(E) Drive through facility;
(F) Hotel;
(G) Interstate bus station;
(H) Light automobile repair;
(I) Massage establishment.
(J) Overnight pet boarding, other than pursuant to section 4-702.1

4-707 Use Limitations.

Sec. 4-800 OC/Office commercial zone.

4-802 Permitted uses.
The following uses are permitted in the OC zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery;
(E) Church; (E.2) Day care center; (F) Medical laboratory;
(G) Medical office;
(G.1) Motor vehicle parking or storage for 20 vehicles or fewer; (J) Radio or TV broadcasting office and studio;
(K) Retail shopping establishment; (L) Seminary, convent or monastery;
(M) Utilities, as permitted by section 7-1200;
(N) Accessory uses, as permitted by section 7-100.

4-802.1 Administrative special uses.
The following uses may be allowed in the OC zone with administrative approval, subject to section 11-513 of this ordinance:
4-803 Special uses. The following uses may be allowed in the OC zone pursuant to a special use permit:
(A) Amusement enterprise;
(B) Apartment hotel;
(C) Automobile service station;
(C.1) Bakery exceeding 3,500 square feet which includes a retail component;
(D) Bus shelter on private property;
(E) Catering operation;
(F) Congregate housing facility;
(G) Convenience store other than pursuant to section 4-802 (E.1);
(H) Reserved
(H.1) Day labor agency.
(I) Reserved
(J) Drive through facility;
(K) Fraternal or private club;
(L) Funeral home;
(M) Health and athletic club, other than pursuant to section 4-802 (E.3)
(N) Home for the elderly;
(O) Homeless shelter;
(P) Hospital;
(Q) Hotel;
(R) Interstate bus station;
(S) Light automobile repair;
(S.1) Massage establishment;
(T) Medical care facility;
(U) Motor vehicle parking or storage for more than 20 vehicles;
(V) Reserved
(W) Nursing or convalescent home or hospice;
(W.1) Outdoor food and crafts market other than pursuant to section 4-802.1;
(W.2) Outdoor garden center other than pursuant to section 4-802.1;
(W.3) Overnight pet boarding, other than pursuant to section 4-802.1; (Y) Public building;
(Z) Research and testing laboratory;
(AA) Restaurant, other than pursuant to sections 4-802(K.1) and 4-802.1;
(BB) Rooming house;
(CC) Social service use;
(DD) Wholesale business.

4-807 Use limitations.
Sec. 4-900 OCM(50)/Office commercial medium (50) zone.

4-902 Permitted uses. The following uses are permitted in the OCM(50) zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(D) Cemetery;
(E) Church;
(E.1) Convenience store within an office complex;
(E.2) Day care center (F) Medical laboratory;
(G) Medical office;
(G.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(H) Personal service establishment; (J) Radio or TV broadcasting office and studio;
(K) Retail shopping establishment; (L) Seminary, convent or monastery;
(M) Utilities, as permitted by section 7-1200;
(N) Accessory uses, as permitted by section 7-100.

4-902.1 Administrative special uses. The following uses may be allowed in the OCM (50) zone with administrative approval, subject to section 11-513 of this ordinance: (C) Outdoor food and crafts market
(D) Overnight pet boarding located in a shopping center

4-903 Special uses. The following uses may be allowed in the OCM(50) zone pursuant to a special use permit:
(A) Amusement enterprise;
(B) Apartment hotel;
(C) Automobile service station;
(C.1) Bakery exceeding 3,500 square feet which includes a retail component;
(D) Bus shelter on private property;
(E) Catering operation;
(F) Congregate housing facility;
(G) Convenience store, other than pursuant to section 4-902(E.1);
(H) Reserved
(H.1) Day labor agency.
(I) Reserved
(J) Drive through facility;
(K) Fraternal or private club;
(L) Funeral home;
(M) Health and athletic club; , other than pursuant to section 4-902(E.3);
(N) Home for the elderly;
(O) Homeless shelter;
(P) Hospital;
(Q) Hotel;
(R) Interstate bus station;
(S) Light automobile repair;
(S.1) Massage establishment;
(T) Medical care facility;
(U) Motor vehicle parking or storage for more than 20 vehicles;
(V) Reserved
(W) Nursing or convalescent home or hospice;
(W.1) Outdoor food and crafts market, other than pursuant to section 4-902.1;
(W.2) Outdoor garden center, other than pursuant to section 4-902.1;
(W.3) Overnight pet boarding, other than pursuant to section 4-902.1; (Y) Public building;
(Z) Research and testing laboratory;
(AA) Restaurant, other than pursuant to sections 4-902(K.1) and 4-902.1;
(BB) Rooming house;
(CC) Social service use;
(DD) Wholesale business.

4-906 Use limitations.
Sec. 4-1000 OCM(100)/Office commercial medium (100) zone.

4-1002 Permitted uses.
The following uses are permitted in the OCM(100) zone:
(A) Single-family dwelling, except as limited by section 4-1003(A.1);
(A.1) Two-family dwelling, except as limited by section 4-1003(A.1);
(A.2) Townhouse dwelling, except as limited by section 4-1003(A.1);
(B) Multi-family dwelling, except as limited by section 4-1003 (A.1);
(C) Business and professional office;
(D) Cemetery;
(E) Church;
(E.1) Convenience store within an office complex;
(E.2) Day care center (F) Medical laboratory;
(G) Medical office;
(G.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(H) Personal service establishment;
(I) Pet supplies, grooming and training business with no overnight accommodation;
(J) Radio or TV broadcasting office and studio;
(K) Retail shopping establishment; (L) Seminary, convent or monastery;
(M) Utilities, as permitted by section 7-1200;
(N) Accessory uses, as permitted by section 7-100.

4-1002.1 Administrative special uses. The following uses may be allowed in the OCM (100) zone with administrative approval, subject to section 11-513 of this ordinance:
4-1003 Special uses. The following uses may be allowed in the OCM(100) zone pursuant to a special use permit:
(A) Amusement enterprise; (B) Apartment hotel;
(C) Automobile service station;
(C.1) Bakery exceeding 3,500 square feet which includes a retail component;
(D) Bus shelter on private property;
(E) Catering operation, other than pursuant to section 4-1002.1;
(F) Congregate housing facility;
(G) Convenience store, other than pursuant to section 4-1002(E.1);
(H) Reserved
(H.1) Day labor agency.
(I) Reserved
(J) Drive through facility;
(K) Fraternal or private club;
(L) Funeral home;
(M) Health and athletic club, other than pursuant to section 4-1002(E.3);
(N) Home for the elderly;
(O) Homeless shelter;
(P) Hospital;
(Q) Hotel;
(R) Interstate bus station;
(S) Light automobile repair, other than pursuant to section 4-1002.1;
(S.1) Massage establishment;
(T) Medical care facility;
(U) Motor vehicle parking or storage for more than 20 vehicles;
(V) Reserved
(W) Nursing or convalescent home or hospice;
(W.1) Outdoor food and crafts market, other than pursuant to section 4-1002.1;
(W.2) Outdoor garden center, other than pursuant to section 4-1002.1;
(W.3) Overnight pet boarding, other than pursuant to section 4-1002.1; (Y) Public building;
(Z) Research and testing;
(AA) Restaurant, other than pursuant to sections 4-1002(K.1) and 4-1002.1;
(BB) Rooming house;
(CC) Social service use;
(DD) Wholesale business.

4-1006 Use limitations.
Sec. 4-1100 OCH/Office commercial high zone.

4-1102 Permitted uses.
The following uses are permitted in the OCH zone:
(A) Single-family dwelling, except as limited by section 4-1103(A.1);
(A.1) Two-family dwelling, except as limited by section 4-1103(A.1);
(A.2) Townhouse dwelling, except as limited by section 4-1103(A.1);
(B) Multi-family dwelling, except as limited by section 4-1103 (A.1);
(C) Business and professional office;
(D) Cemetery;
(E) Church;
(E.1) Convenience store within an office complex;
(E.2) Day care center; (F) Hospital;
(G) Medical care facility;
(H) Medical laboratory;
(I) Medical office;
(I.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(J) Personal service establishment, on the same lot as office use; (L) Radio or television broadcasting office and studio; (M) Retail shopping establishment, on the same lot as office use;
(N) Seminary, convent or monastery;
(O) Utilities, as permitted by section 7-1200;
(P) Accessary uses, as permitted by section 7-100.

4-1102.1 Administrative special uses. The following uses may be allowed in the OCH zone with administrative approval, subject to section 11-513 of this ordinance:
4-1103 Special uses.
The following uses may be allowed in the OCH zone pursuant to a special use permit:
(A) Amusement enterprise; (B) Apartment hotel;
(C) Automobile service station;
(C.1) Bakery exceeding 3,500 square feet which includes a retail component;
(D) Bus shelter on private property;
(E) Congregate housing facility;
(F) Convenience store, other than pursuant to section 4-1102(E.1);
(G) Reserved
(H) Reserved
(H.1) Day labor agency.
(I) Drive through facility;
(J) Fraternal or private club;
(K) Funeral home;
(L) Health and athletic club, other than pursuant to section 4-1102(E.3);
(M) Home for the elderly;
(N) Homeless shelter;
(O) Hotel;
(P) Interstate bus station;
(Q) Light automobile repair;
(Q.1) Massage establishment;
(R) Motor vehicle parking or storage for more than 20 vehicles;
(S) Reserved
(T) Nursing or convalescent home or hospice;
(T.1) Outdoor food and crafts market, other than pursuant to section 4-1102.1;
(T.2) Outdoor garden center, other than pursuant to section 4-1102.1;
(T.3) Overnight pet boarding, other than pursuant to section 4-1102.1; (V) Public building;
(W) Restaurant, other than pursuant to sections 4-1102 (L.1) and 4-1102.1; (Z) Social service use;
(AA) Wholesale business.

4-1106 Use limitations.
Sec. 4-1200 I/Industrial zone.


4-1202 Permitted uses.
The following uses are permitted in the I zone:
(A) Ambulance service;
(B) Animal shelter or kennel;
(C) Automobile service station;
(D) Bottling plant;
(E) Building materials storage and sales;
(F) Business office accessory to and on the same site as an industrial use;
(G) Catering operations;
(H) Drive through facility;
(I) [Reserved ];
(J) Funeral home;
(K) Glass shop;
(L) Ice and cold storage facility;
(M) Laundry, dry cleaning operations;
(N) Light automobile repair;
(O) Machine shop;
(P) Manufacturing;
(Q) Medical laboratory;
(Q.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(R) Parcel delivery;
(S) Pet supplies, grooming and training, with no overnight accommodation;
(T) Printing and publishing facilities;
(U) Radio or television broadcasting office and studio;
(V) Research and testing laboratory; (V.2) Retail;
(W) Sheet metal shop;
(X) Stone monument works;
(Y) Storage buildings and warehouses;
(Z) Utilities, as permitted by section 7-1200;
(AA) Wholesale businesses;
(BB) Accessory uses, as permitted by section 7-100.

4-1202.1 Administrative special uses. The following uses may be allowed in the I zone with administrative approval, subject to section 11-513 of this ordinance:
4-1203 Special uses.
The following uses may be allowed in the I zone pursuant to a special use permit:
(A) Asphalt plant;
(A.1) Amusement enterprise;
(B) Automobile and trailer rental or sales area;
(C) Business offices other than those listed in section 4-1202(F);
(D) Bus shelter on private property;
(E) Concrete mixing and batching plant;
(F) Convenience store;
(F.1) Day labor agency.
(G) Freight distribution center;
(G.1) Fuel yard;
(H) General automobile repair;
(I) Helistop;
(J) Homeless shelter;
(K) Hospital;
(L) Interstate bus station;
(M) Junkyard;
(N) Medical care facility;
(O) Motor vehicle parking or storage for more than 20 vehicles;
(P) Motor vehicle storage yard;
(P.1) Outdoor food and crafts market, other than pursuant to section 4-1202.2;
(P.2) Outdoor garden center, other than pursuant to section 4-1202.1;
(P.3) Overnight pet boarding, other than pursuant to section 4-1202.1;
(Q) Public building;
(R) Recycling and materials recovery facility;
(R.1) Restaurant, other than pursuant to section 4-1202 (V.1) or 4-1202.1;
(S) Stone crushing operation;
(T) Vehicle towing service and associated impound lot;
(U) Waste to energy plant;
(V) Any other use not listed elsewhere in this ordinance.

Sec. 4-1400 NR/Neighborhood retail zone (Arlandria). (B) Permitted uses above the ground floor:
1. Uses listed under section 4-1403;
2. Dwelling unit;
3. Office;
4. Church.

4-1103.1 Administrative special uses. The following uses may be allowed in the NR zone with administrative approval, subject to section 11-513 of this ordinance:
4-1404 Special uses. The following uses may be allowed with a special use permit:
(A) Amusement enterprise; (C) Convenience store;
(D) Day care center;
(E) Day nursery;
(F) Fraternal or private club; (H) Massage establishment;
(I) Nursing or convalescent home or hospice; (K) Private school, academic or commercial;
(L) Public building;
[The procedure and standards for NR administrative SUPs are moved and incorporated into section 11-513]
ARTICLE V. MIXED USE ZONES

Sec. 5-100 CRMU-L/Commercial residential mixed use (low).

5-102 Permitted uses.
The following uses are permitted in the CRMU-L zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(C.1) Convenience store within an office complex;
(C.2) Day care center;
(C.3) Health and athletic club located within a shopping center, hotel or office complex;
(D) Medical laboratory;
(E) Medical office;
(E.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(F) Personal service establishment;
(G) Radio or television broadcasting office and studio;
(G.1) Restaurant located within a shopping center or hotel;
(H) Retail shopping establishment;
(I) Utilities, as permitted by section 7-1200;
(J) Accessory uses, as permitted by section 7-100;

5-102.1 Administrative special uses. The following uses may be allowed in the CRMU-L zone with administrative approval, subject to section 11-513 of this ordinance:
5-103 Special uses. The following uses may be approved, pursuant to the procedures and regulations for special use permits and subject to the criteria of section 5-109 below:
(A) Amusement enterprise;
(B) Apartment hotel;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Bus shelter on private property;
(D) Congregate housing facility;
(E) Convenience store, other than pursuant to section 5-102 (C.1);
(F) Reserved
(G) Drive through facility;
(H) Health and athletic club, other than pursuant to section 5-102(C.3);
(I) Home for the elderly;
(J) Hotel;
(J.1) Massage establishment;
(K) Motor vehicle parking or storage for more than 20 vehicles;
(K.1) Outdoor food and crafts market, other than pursuant to section 5-102.1;
(K.2) Outdoor garden center, other than pursuant to section 5-102.1;
(L) Nursing or convalescent home or hospice; (N) Restaurant, other than pursuant to section 5-102 (G.1) or 5-102.1.

5-110 Use limitations.

Sec. 5-200 CRMU-M/Commercial residential mixed use (medium).

5-202 Permitted uses.
The following uses are permitted in the CRMU-M zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(C.1) Convenience store within an office complex;
(C.2) Day care center;
(C.3) Health and athletic club located within a shopping center, hotel or office complex;
(D) Medical laboratory;
(E) Medical office;
(E.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(F) Personal service establishment;
(G) Radio or television broadcasting office and studio;
(G.1) Restaurant located within a shopping center or hotel;
(H) Retail shopping establishment;
(I) Utilities, as permitted by section 7-1200;
(J) Accessory uses, as permitted by section 7-100.

5-202.1 Administrative special uses. The following uses may be allowed in the CRMU-M zone with administrative approval, subject to section 11-513 of this ordinance:
5-203 Special uses. The following uses may be approved, pursuant to the procedures and regulations for special use permits and subject to the criteria of section 5-209 below:
(A) Amusement enterprise;
(B) Apartment hotel;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Bus shelter on private property;
(D) Congregate housing facility;
(E) Convenience store, other than pursuant to section 5-202 (C.1);
(F) Reserved
(G) Drive through facility;
(H) Health and athletic club, other than pursuant to section 5-202(C.3);
(I) Home for the elderly;
(J) Hotel;
(J.1) Massage establishment;
(K) Motor vehicle parking or storage for more than 20 vehicles;
(L) Nursing or convalescent home or hospice;
(L.1) Outdoor food and crafts market, other than pursuant to section 5-202.1;
(L.2) Outdoor garden center, other than pursuant to section 5-202.1 (N) Restaurant, not covered in section 5-202(G.1).

5-210 Use limitations.
Sec. 5-300 CRMU-H/Commercial residential mixed use (high).

5-302 Permitted uses.
The following uses are permitted in the CRMU-H zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(B) Multifamily dwelling;
(C) Business and professional office;
(C.1) Convenience store within an office complex;
(C.2) Day care center;
(C.3) Health and athletic club located within a shopping center, hotel or office complex;
(D) Medical laboratory;
(E) Medical office;
(E.1) Motor vehicle parking or storage for 20 vehicles or fewer;
(F) Personal service establishment;
(G) Radio or television broadcasting office and studio;
(G.1) Restaurant located within a shopping center or hotel;
(H) Retail shopping establishment;
(I) Utilities, as permitted by section 7-1200;
(J) Accessary uses, as permitted by section 7-100;
(A) Restaurant;
(B) Outdoor garden center;
(C) Outdoor food and crafts market.
(A) Amusement enterprise;
(B) Apartment hotel;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Bus shelter on private property;
(D) Congregate housing facility;
(E) Convenience store, other than pursuant to section 5-302 (C.1);
(F) Reserved
(G) Drive through facility;
(H) Health and athletic club, other than pursuant to section 5-302(C.3);
(I) Home for the elderly;
(J) Hotel;
(J.1) Massage establishment;
(K) Motor vehicle parking or storage for more than 20 vehicles;
(L) Nursing or convalescent home or hospice;
(L.1) Outdoor food and crafts market, other than pursuant to section 5-302.1;
(L.2) Outdoor garden center, other than pursuant to section 5-302.1; (N) Restaurant, other than pursuant to section 5-302 (G.1) or 5-302.1.

5-302.1 Administrative special uses. The following uses may be allowed in the CRMU-H zone with administrative approval, subject to section 11-513 of this ordinance:
(A) Restaurant;
(B) Outdoor garden center;
(C) Outdoor food and crafts market.

5-303 Special uses.
The following uses may be approved, pursuant to the procedures and regulations for special use permits and subject to the criteria of section 5-309 below:
(A) Amusement enterprise;
(B) Apartment hotel;
(B.1) Bakery exceeding 3,500 square feet which includes a retail component;
(C) Bus shelter on private property;
(D) Congregate housing facility;
(E) Convenience store, other than pursuant to section 5-202 (C.1);
(F) Reserved
(G) Drive through facility;
(H) Health and athletic club, other than pursuant to section 5-202(C.3);
(I) Home for the elderly;
(J) Hotel;
(J.1) Massage establishment;
(K) Motor vehicle parking or storage for more than 20 vehicles;
(L) Nursing or convalescent home or hospice;
(L.1) Outdoor food and crafts market, other than pursuant to section 5-202.1;
(L.2) Outdoor garden center, other than pursuant to section 5-202.1 (N) Restaurant, not covered in section 5-202(G.1).

5-310 Use limitations.
Sec. 5-400 CRMU-X/Commercial residential mixed use (Old Town North) zone.


5-402 Permitted uses.
The following uses are permitted in the CRMU-X zone:
(A) Single-family dwelling;
(A.1) Two-family dwelling;
(A.2) Townhouse dwelling;
(A.3) Motor vehicle parking or storage for 20 vehicles or fewer;
(B) Utilities, subject to section 7-1200;
(C) Accessory uses, as permitted by section 7-100.

5-402.1 Administrative special uses. The following uses may be allowed in the CRMU-X zone with administrative approval, subject to section 11-513 of this ordinance:
5-403 Special uses.
The following uses may be approved, subject to the procedures and regulations for special use permits and subject to the limitations of section 5-609 below:
(A) Multifamily dwelling;
(B) Amusement enterprise;
(C) Apartment hotel;
(C.1) Bakery exceeding 3,500 square feet which includes a retail component;
(D) Business and professional office;
(E) Bus shelter on private property;
(F) Congregate housing facility;
(G) Convenience store;
(H) Day care center;
(I) Fraternal or private club;
(J) Health and athletic club;
(K) Home for the elderly;
(L) Hotel;
(M) Medical care facility;
(N) Medical laboratory;
(O) Medical office;
(O.1) Motor vehicle parking or storage for more than 20 vehicles;
(P) Nursing or convalescent home or hospice;
(P.1)Outdoor food and crafts market, other than pursuant to section 5-402.1;
(P.2)Outdoor garden center, other than pursuant to section 5-402.1;
(Q) Personal service establishment;
(R) Pet supplies, grooming and training, with no overnight accommodations;
(S) Private school, academic or commercial;
(T) Public building;
(U) Radio or television broadcasting office and studio;
(V) Restaurant, other than pursuant to section 5-402.1;
(W) Retail shopping establishment;
(X) Social service use.

5-410 Use limitations.

5-600 CDD/Coordinated development district.

5-602 Coordinated development districts created, consistency with master plan, required approvals.
…. (1) convenience store in an office complex;
(2) health and athletic club in an office complex.

ARTICLE VI: SPECIAL AND OVERLAY ZONES

Sec. 6-600 Mount Vernon Avenue Urban Overlay Zone


6-603 Uses.


(D) Administrative special uses. Notwithstanding any contrary provisions of the zoning ordinance, the following uses may be allowed by the director by administrative review and approval pursuant to the standards and procedures of section 11-513.
(1) Restaurants, up to a maximum of 60 seats
(2) Outdoor dining, up to a maximum of 16 seats
(3) Amusement enterprise, limited to live theater
(4) Outdoor food and crafts markets (6) Outdoor display of retail goods

[Procedures and standards for the Mount Vernon Overlay administrative SUPs are moved and incorporated into section 11-513]

Sec. 6-700 KR/King Street Urban Retail Zone

6-702 Uses. Uses in the King Street urban retail zone are divided into two categories, depending on their location, in order to protect and enhance opportunities for existing and future retail uses. The two use categories, which are each further divided into permitted and special uses, are defined as followed:

(A) Ground floor uses
(1) Permitted uses. (2) Special uses:
(B) Upper floor uses.
(1) Permitted uses:
(2) Special uses: (C) Administrative special uses. Notwithstanding any contrary provisions of this ordinance, the following uses may be allowed by the director by administrative review and approval pursuant to the standards and procedures of section 11-513 of this ordinance: (1) Valet parking;

[Standards and procedures for King Street administrative SUPs are moved and incorporated into section 11-513]

6-707 Use limitations.

(A) All operations, except those administrative uses enumerated in section 6-702(C) (1) shall take place within a completely enclosed building except that a permit for the sale and/or display of plants, flowers or produce in conjunction with and on the same lot as an existing permitted use may be granted by the director and the permit shall indicate the location, size, duration and purpose of the accessory outdoor use.
(B) Appliance sales, repair and rental shall be limited to small appliances only, such as televisions, radios, lawnmowers, kitchen counter and small electronic appliances and like items which do not exceed one horsepower in size.
(C) No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
(D) The property owner and occupant shall maintain all building and property appurtenances located within or over the public right-of-way in a safe, clean and attractive fashion, as reasonably determined by the director.
(E) A day care center, commercial school or massage establishment shall obtain all required state, federal and local licenses and certificates prior to the opening of its place of business.

ARTICLE XI: DEVELOPMENT APPROVALS AND PROCEDURES

Sec. 11-500 Special use permits.

11-503 Procedure.


Section 11-511 Administrative Amendment to SUP. The director is authorized to approve the following amendments to special use permits under the following circumstances and procedures.

(A) Amendments Authorized.
Special Events. Notwithstanding any provision of this ordinance to the contrary, the director may approve a temporary extension in the hours of operation of a business subject to an approved special use permit, to coincide with the hours of operation of an event, promotional program or city-sponsored festival in which the business is participating. The procedures required under this section 11-511 shall not apply in such cases.
(B) New Conditions. New conditions or amendments to existing conditions may be added if they are either: (C) Procedure.
11-513 Administrative Special Use Permit. An applicant may seek the director’s approval of a use identified in this ordinance as one for which administrative special use permit approval is available pursuant to the standards and procedures outlined in this section.

(A) Jurisdiction and procedures for administrative approval.
(B) Appeals. (C) General standards for all administrative uses:

(D) Specific standards for day care in a church or school building. (E) Specific standards for live theater: (F) Specific standards for outdoor food and crafts markets:
(1) No alcohol sales shall be permitted;
(G) Specific standards for outdoor garden center: (H) Specific standards for outdoor display Notwithstanding any contrary provisions of this ordinance, the display of goods from a retail sales establishment is permitted, subject to the following:

(I) Specific standards for catering operation.

(J) Specific standards for light automobile repair.

(1) Repair work done on the premises shall be limited to light automobile repair.
(2) No repair work shall be done outside.
(3) No junked, abandoned, or stripped vehicles shall be parked or stored outside.
(4) No vehicles shall be loaded or unloaded on the public right-of-way.
(5) No debris or vehicle parts shall be discarded on the public right-of-way.
(6) No vehicles shall be displayed, parked, or stored on a public right-of-way.
(K) Specific standards for overnight pet boarding.

(L) Specific standards for restaurants. (M) Specific standards for outdoor dining. (N) Specific standards for valet parking.
(2) No vehicle shall be parked or temporarily stored by an attendant on streets, sidewalks.
(3) No structures are permitted in conjunction with a valet parking program, unless associated with a shared parking program among several businesses, and only after the design is reviewed for comment by the Old and Historic Alexandria district board of architectural review.
(4) An approved permit for a valet parking operation shall be valid for an initial six month period, after which it shall be reviewed for compliance with these standards and for its effectiveness in handling the drop off, ferrying, parking and retrieving of vehicles efficiently and effectively, and without undue interference with non-valet parking and traffic. If, on review, the directors determine that the valet parking program has operated successfully and in compliance with its permit, then the permit shall be extended indefinitely, with a similar review to occur at the end of each one year period from that point forward. As part of the initial or annual review under this paragraph, the directors may require the operator to adjust the features of the program or, alternatively, to apply for a special use permit if there are concerns about the effectiveness, success or impacts of the valet parking program. Section 2. That the city attorney be, and hereby is, directed to codify the foregoing amendments in the City of Alexandria Zoning Ordinance.

Section 3. That this ordinance shall become effective on the date and at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which may be filed after such date; provided, however, that (1) for any use which prior to adoption of this ordinance operated under a special use permit, and which becomes a permitted use, for which no special use permit of any category is required, the existing special use permit shall cease to have any force and effect; (2) for any use which prior to the adoption of this ordinance operated under a special use permit, and which becomes a use for which an administrative special use permit may be obtained, the prior special use permit shall remain in force and effect, until such time, if ever, as a new administrative special use permit for the use is applied for and approved pursuant to this ordinance; (3) this ordinance shall have no application to any CO Planned Residential/Commercial Development, and (4) the provisions of this ordinance shall not preempt any conditions in any Development Special Use Permit or CDD Concept Plan approved prior to adoption of this ordinance, which conditions pertain to the establishment of restaurants and other uses which may be classified as permitted uses or administrative special use permit uses under this ordinance, and the conditions of such Concept Plan or Development Special Use Permit shall continue in force and effect.

15. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Master Plan to Incorporate Approved Changes Within the Braddock East Plan Area. (#21, 12/9/08) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the master plan to incorporate approved changes within the Braddock East Plan Area. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

The ordinance reads as follows:

ORDINANCE NO. 4574

AN ORDINANCE to amend and reordain the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 2008-0005 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 2008-005, an application has been made to amend the Braddock Metro Neighborhood Plan and the North East Small Area Plan Chapters of the 1992 Master Plan (2008 ed.) of the City of Alexandria, to include amendments for the Braddock East Master Plan, as variously described infra.

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 Braddock Metro Neighborhood Plan and the North East Small Area Plan Chapters of the 1992 Master Plan (2008 ed.) of the City of Alexandria, be, and the same hereby are, amended to include amendments for the Braddock East Master Plan, as attached hereto and incorporated fully herein by reference, with the amendments to said Master Plan adopted by City Council on October 18, 2008.

Section 2. That the director of planning and zoning be, and hereby is, directed to record all of the foregoing amendments of the Braddock Metro Neighborhood Plan and the North East Small Area Plan Chapters of the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia, to include amendments for the Braddock East Master Plan as amended by City Council.

Section 3. That all provisions of the of the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia, as may be inconsistent with the provisions of this ordinance be, and same hereby are, repealed.

Section 4. That the 1992 Master Plan (2008 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (2008 ed.) of the City of Alexandria, Virginia.

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

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

16. Public Hearing, Second Reading and Final Passage. Consideration of an Ordinance to Amend the Zoning Ordinance to Incorporate a New CDD Within the Braddock East Plan Area. (#22, 12/9/08) [ROLL-CALL VOTE]

(A copy of the informal memorandum explaining the ordinance is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/13/08, and is incorporated as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council received a copy not less than 24 hours before said introduction, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Wilson, seconded by Vice Mayor Pepper and carried unanimously by roll-call vote, City Council closed the public hearing and adopted the ordinance to amend the Zoning Ordinance to incorporate a new CDD within the Braddock East Plan Area. The voting was as follows:

Wilson "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Smedberg "aye"

The ordinance reads as follows:

ORDINANCE NO. 4575

AN ORDINANCE to amend and reordain Table 1 (COORDINATED DEVELOPMENT DISTRICTS) of Section 5-602(A), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICTS), by adding thereto a new CDD No. 16 (JAMES BLAND), and to amend and reordain Sheets 054.02-09-01, 054.02-10-01, 054.02-11-01, 054.04-01-01 and 054.04-07-01 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), to designate land zoned CDD No. 16, all of the City of Alexandria Zoning Ordinance, in accordance with the text amendment and rezoning heretofore approved by city council as Text Amendment No. 2008-0007 and Rezoning No. 2008-0001.

WHEREAS, the City Council finds and determines that:

1. In Text Amendment No. 2008-0007 and Rezoning No. 2008-0001, the planning commission, having found that the public necessity, convenience, general welfare and good zoning practice so require, approved an application to establish a new CDD No. 16, for approximately 348,595 square feet known as 918 North Columbus Street, 898 & 998 North Alfred Street and 801 & 808 Madison Street; Zoning and Tax Map Parcel Nos. 054.02-09-01, 054.02-10-01, 054.02-11-01, 054.04-01-01 and 054.04-07-01;

2. The City Council in adopting this ordinance expressly adopts, ratifies, affirms and concurs in the finding and action of the Planning Commission above stated;

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 Table 1 of Section 5-602(A) be, and the same hereby is, amended to by adding thereto the following new language for CDD No. 16, James Bland:

CDD
#
CDD
Name
Without a
CDD Special
Use Permit
With a CCD Special Use Permit
Maximum FAR and/or Development LevelsMaximum HeightUses
16James
Bland
RB/Residential Townhouse Zone regulations shall applyThe development controls, including FAR and number of units for land within this CDD, as shown in the approved CDD-16 Concept Plan, in addition to the Braddock East Master Plan provisions in the Braddock Metro Neighborhood Plan. Any proposed development shall conform to the Braddock Metro Neighborhood Plan Design GuidelinesThe maximum heights shall conform to the CDD-16 Concept Plan.Mix of residential uses (townhouse & multifamily) & open space

Section 2. That Sheets 054.02-09-01, 054.02-10-01, 054.02-11-01, 054.04-01-01 and 054.04-07-01 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, amended by changing the zoning of the property described above and as shown on the sketch plan entitled DSUP #2008-0013 dated October 7, 2008, attached hereto and incorporated fully by reference as Exhibit 1,

Section 3. That the director of planning and zoning be, and hereby is, directed to record the foregoing text and map amendments.

Section 4. That Section 5-602(A), as amended pursuant to Section 1 of this ordinance, and Sheets 054.02-09-01, 054.02-10-01, 054.02-11-01, 054.04-01-01 and 054.04-07-01 of the "Official Zoning Map, Alexandria, Virginia," as amended pursuant to Section 2 of this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 5. That this ordinance shall become effective on the date and at the time of its final passage, and shall apply to all applications for land use, land development or subdivision 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, 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.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Planning Commission (continued)

17. SPECIAL USE PERMIT #2008-0044
251 WEST GLEBE ROAD (Parcel Address: 221 West Glebe Road)
CERRO VERDE RESTAURANT
Public Hearing and Consideration of a request for the expansion of an existing restaurant and a request for an amusement enterprise; zoned CDD-12/Coordinated Development District. Applicant: Latin Del Ray, LLC by Wayne Neale

PLANNING COMMISSION ACTION: DEFERRED (applicant's request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferral.

OTHER

18. Consideration of City Council Schedule.

(A copy of the City Manager's memorandum dated December 10, 2008, is on file in the Office of the City Clerk and Clerk of Council, marked as Exhibit No. 1 of Item No. 18; 12/13/08, and is incorporated as part of this record by reference.)

WHEREUPON, upon motion by Councilman Smedberg, seconded by Vice Mayor Pepper and carried unanimously, City Council adopted the City Council schedule of budget meetings for the coming months, with the notation that the regular budget work sessions should begin at 6:30 instead of 7:00. The voting was as follows:

Smedberg "aye" Gaines "aye"
Pepper "aye" Krupicka "aye"
Euille "aye" Lovain "aye"
Wilson "aye"

19. City Council Receipt of the Independent Reviewers Report Related to the Norfolk Southern Ethanol Transloading Facility.

Mr. Steven Jansen and Mr. David LaBahn presented the independent reviewers report and responded to questions of City Council.

City Council noted that it would need to meet in Executive Session in the near future, inviting Mr. Jansen and Mr. LaBahn to be present with City Council, Council also asked that the Report be put on the City's website immediately and copies be made available for the public, with a footnote on page 36 highlighting Mr. Jansen's comments that they are observations so more is not to be read into it, and also that there be a public work session so questions can be asked about the process issues.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Gaines and carried unanimously, City Council received the Independent Reviewers Report related to the Norfolk Southern Ethanol Transloading facility. The voting was as follows:

Pepper "aye" Krupicka "aye"
Gaines "aye" Lovain "aye"
Euille "aye" Smedberg "aye"
Wilson "aye"

20. Report on Designation of the Acting City Attorney.

City Attorney Pessoa announced that he has named Assistant City Attorney Chris Spera as the Acting City Attorney upon his retirement at the end of December.

EXECUTIVE SESSION

21. Consideration of Convening An Executive Session Closed to the Public to Interview Candidates For Appointment to Boards and Commissions.

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, at 12:36 p.m., City Council convened in Executive Session, pursuant to Section 2.2-3711(A)(1) for the purpose of interviewing candidates and discussing the appointment of members of the ARHA Board. The voting was as follows:

Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka "aye"
Wilson "aye"

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried 6-0, at 3:11 p.m., City Council reconvened the meeting. The voting was as follows:

Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka absent
Wilson "aye"

WHEREUPON, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried 6-0 by roll-call vote, City Council adopted the resolution pertaining to the Executive Session. The voting was as follows:

Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka absent
Wilson "aye"

The resolution reads as follows:

RESOLUTION NO. 2312

WHEREAS, the Alexandria City Council has this 13th day of December 2008, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the city council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.
* * * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilmember Lovain, seconded by Councilman Smedberg and carried unanimously, the City Council public hearing meeting of December 13, 2008, was adjourned at 3:12 p.m. The voting was as follows:

Lovain "aye" Pepper "aye"
Smedberg "aye" Gaines "aye"
Euille "aye" Krupicka absent
Wilson "aye"
APPROVED BY:

_____________________________
WILLIAM D. EUILLE MAYOR

ATTEST:

___________________________________
Jacqueline M. Henderson, CMC, City Clerk







This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals 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.

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