Back to FY Dockets


Public Hearing Meeting
Saturday, September 12, 1998 - - 9:30 a.m.


* * * * *

Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Johnson, Ms. Beeton, Mr. Smith and Mr. Cox of Planning and Zoning; Ms. Steele, Deputy City Manager; Fire Chief Hawkins; Ms. Davis, Director of Housing; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Ms. Brownstein, Landscape Architect, Recreation, Parks and Cultural Activities; Mr. Skrabak, Manager, Environmental Quality; and Lieutenant Butler, Police Department.

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

OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present, with Vice Mayor Euille arriving at 9:45 a.m.

2. Public Discussion Period.

(a) Alan N. Rudd, 2121 Jamieson Avenue, #1801, representing the Eisenhower Civic Association, spoke to reasons why the PTO should not be located at Carlyle.

(b) Sally Bjorge, 2121 Jamieson Avenue, #901, representing the Eisenhower Civic Association, spoke to reasons why the PTO should not be located at Carlyle.

(c) Jane Starkey, 2121 Jamieson Avenue, #1903, representing the Eisenhower Civic Association, also spoke against having the PTO located at Carlyle.

(d) Kirk Lippold, 2121 Jamieson Avenue, #1007, representing the Eisenhower Civic Association, supported PTO coming to Alexandria, but it should be located at the Eisenhower Metro Site and not Carlyle.



(e) Jonathan Rak, 11320 Random Hills Road, Fairfax, representing LCOR, spoke to the benefits of locating the PTO at Carlyle.

(f) John Chapman Gager spoke.

New Business Item No. 1: Council Member Rich requested that City Council interview the applicants for the upcoming vacancy on the Alexandria Redevelopment and Housing Authority Board of Commissioners. It was decided that Council would interview the applicants starting at 5:15 p.m. on Tuesday, September 22, 1998, prior to the work session at 6:00 p.m.
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-18)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 6, 7, 11, 10 and 13 from the Action Consent Calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #98-0083 -- 1700 NORTH BEAUREGARD STREET -- MARK CENTER -- CLYDE’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the conditions for seating at the existing restaurant; zoned CDD-4/Coordinated Development District. Applicant: Clyde’s at Mark Center, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated July 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/12/98, and is incorporated herewith as part of this record by reference.)

4. ENCROACHMENT #98-0004 -- 1600 WEST ABINGDON DRIVE -- POTOWMACK CROSSING -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for placement of a sign; zoned RC/Residential. Applicant: Potowmack Crossing Condominium, by Barry R. Barrett.
(A copy of the Planning Commission report dated July 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/12/98, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #98-0049 -- 5400 EDSALL ROAD -- CAMERON STATION WEST PARK -- Public Hearing and Consideration of a request for a special use permit, with site plan, for development of a City park at Cameron Station; zoned CDD-9/Coordinated Development District. Applicant: City of Alexandria, Department of Recreation, Parks and Cultural Activities.



(A copy of the Planning Commission report dated July 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/12/98, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #98-0071 -- 2400-B MOUNT VERNON AVENUE -- DEL RAY DINER -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating to an existing restaurant and for a parking reduction; zoned CL/Commercial Low. Applicant: Del Ray Diner, by Roberto Araujo.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/12/98, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #98-0077 -- 518 EAST WINDSOR AVENUE -- Public Hearing and Consideration of a request for an amendment to a special use permit to allow a modification of the side yard setback requirement; zoned R-2-5/Residential. Applicant: David Jablonski, by Bernard M. Fagelson, attorney.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/12/98, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #98-0095 -- 111 NORTH ALFRED STREET -- Public Hearing and Consideration of a request for a special use permit for a day spa, including massage establishment; zoned CD/Commercial Downtown. Applicant: Steidl and Szuprics, by Yolanda Lightning.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/12/98, and is incorporated herewith as part of this record by reference.)

14. SPECIAL USE PERMIT #98-0104 -- 3700 COMMONWEALTH AVENUE -- FOUR MILE RUN PARK -- Public Hearing and Consideration of a request for a special use permit to erect lighted multi-purpose courts at Four Mile Run Park. Applicant: City of Alexandria, Department of Recreation, Parks and Cultural Activities.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/12/98, and is incorporated herewith as part of this record by reference.)



15. SPECIAL USE PERMIT #98-0057 -- 3130 DUKE STREET -- PREMIER CAR RENTAL -- Public Hearing and Consideration of a review of a special use permit for an automobile rental business; zoned CG/Commercial General. Applicant: Premier Car Rental, by David Shea.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/12/98, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #98-0076 -- 3644 KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a full service restaurant with carry-out and delivery service; zoned CG/Commercial General. Applicant: Chicken Out, Inc., by Herbert A. Heiserman.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/12/98, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #98-0096 -- 2111 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit for a massage establishment and personal service business with a reduction of off-street parking; zoned CL/Commercial Low. Applicant: Cathy McSweeney.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/12/98, and is incorporated herewith as part of this record by reference.)

18. CITY CHARTER, SECTION 9.06; CASE #98-03 -- BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties. Staff: City of Alexandria, Office of Housing.

309 North Patrick Street
513 East Custis Avenue
103-A East Del Ray Avenue
3015 Manning Street
129 West Reed Avenue






(A copy of the Planning Commission report dated September 1, 1998, together with the City Manager's memorandum dated August 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 18; 9/12/98, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of docket item nos. 6, 7, 11, 10, and 13, which were considered under separation motions. The Planning Commission recommendations are as follows:

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

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

5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

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

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Conditions #6 and #7.

14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

15. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

16. Note: WITHOUT OBJECTION, after consideration of the Consent Calendar, Councilman Speck asked questions pertaining to the parking spaces required for this use.

Deputy Planning and Zoning Director Ross, and Planning and Zoning Director Lynn answered Councilman Speck's questions.


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

17. City Council approved the recommendation of the Planning Commission and approved the request for the use and denied the request for the parking reduction, subject to compliance with all applicable codes, ordinances and staff recommendations.

18. City Council approved the recommendation of the Planning Commission and approved this request, subject to compliance with all applicable codes, ordinances and staff recommendations; and approved the City Manager's recommendation as follows: (1) approved the addition and deletion of the properties listed on pages 2 and 3 of the memorandum dated August 11, 1998, to the currently approved List of Blighting Influences in Potomac East and Potomac West; (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the five Potomac East and Potomac West properties to be added to the List; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"

6. STREET NAMES - CASE #97-003 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of approval of a street name for a new public street within the Cameron Station site at 5010 Duke Street. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Larry Stansbury, 6101 Edsall Road, #1503, representing Alexandria Knolls West Condominium Homes, expressed concern that a long-standing street, Edsall Road, disappears into another community without any physical barrier that prevents it.

Mayor Donley indicated that Edsall Road most likely ends at Pickett Street.



Councilwoman Pepper noted that the Cameron Station West Park has an Edsall Road address so her guess is that it comes in further than Pickett and there are no street signs there to help. She requested staff to look into this and get back to Mr. Stansbury with the information.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request to name the road running east-west through the park and the development, connecting to Duke Street at the ramps, Brenman Park Drive. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

7. SPECIAL USE PERMIT #98-0051 -- 2922 DUKE STREET -- SKYHILL SHELL STATION -- Public Hearing and Consideration of a request for a special use permit to allow a storage trailer and to change the plans of the Subway restaurant; zoned CG/Commercial General. Applicant: Anjali and Anisha, Inc., by Poonam S. Kapani.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

R. P. Kapani, 2922 Duke Street, applicant, requested that the trailer be allowed to remain at its site since it has been there for approximately twenty-eight years. He indicated that it would not be feasible to take it out without damaging the building.

Mayor Donley asked questions of Planning and Zoning Director Lynn.

Mr. Lynn indicated that it is not obtrusive but the only issue is that it does not comply with our policy. He stated that it could be removed through the adjacent property to a driveway if the applicant can get his neighbor to permit him to drive out there. It appears that it may not be that difficult.

Mayor Donley asked that staff work with Mr. Kapani to look at the logistics of Mr. Lynn's suggestion, and requested that the staff work with the adjoining property owner to allow the applicant the encroachment onto his property in order to get the trailer out of there. If that doesn't work, we would have to consider something a little more permanent which may be Mr. Kapani's suggestion that it be allowed to stay because it is probably the least obtrusive trailer in the City and was probably there without anybody knowing about it.






WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #20, and with the request that staff work with the applicant on trying to find an effective way of moving the trailer. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

10. SPECIAL USE PERMIT #98-0078 -- 410 SOUTH VAN DORN STREET -- FRIENDLY’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CG/Commercial General. Applicant: Friendly Restaurant #6026, by Charles McGuire.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Councilman Speck noted that Condition #6 is redundant since Condition #15 is a more complete condition.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the deletion of Condition #6. The voting was as follows:

Speck "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"

11. SPECIAL USE PERMIT #98-0087 -- 3210 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit for a dry cleaning and laundry facility; zoned CG/Commercial General. Applicant: Chung Hoang.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/12/98, and is incorporated herewith as part of this record by reference.)




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

Tony Traish, 6728 Franconia Road, Springfield, VA, representing the applicant, requested that the applicant be permitted to keep the pylon sign and pole, and asked that Condition #5 be deleted.

Members of Council participated in the discussion on this item.

Council Member Walker spoke to design guidelines for Duke Street and suggested that we begin some improvements particularly in the commercial area.

Councilwoman Pepper indicated that some years ago Council asked for a Duke Street study to see what could be done to improve its appearance, and noted that there is a mechanism in place with respect to improvements along this commercial strip and asked staff to move forward.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted Condition #5, with the request that the applicant cooperate with the City in terms of design guidelines as they are promulgated by staff. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "no"
Walker "aye"

13. SPECIAL USE PERMIT #98-0101 -- 105 SOUTH UNION STREET -- FIREHOOK BAKERY -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service; zoned CD/Commercial Downtown. Applicant: Firehook of Union, Inc., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of the requested verbatim is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 9/12/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to Condition #16 as it relates to employee parking, and requested the City Clerk, when this meeting concludes, to go back to the verbatim of Council's discussion last spring when he thought we had a clarification on the language that we wanted to use consistently as it related to employee parking, i.e., that the employer require its employees who drive to use off-street parking.





WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #16 to read: 16. The applicant will require its employees who drive to work to use off-street parking. The voting was as follows:

Speck "aye" Cleveland out of room
Euille "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

19. Receipt of the City of Alexandria, Virginia 1998 Annual Report, and Setting It for Public Hearing.

(A copy of a letter of deferral dated September 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/12/98, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the deferral to Tuesday, September 22, 1998, with public hearing in October.

20. Public Hearing and consideration of the concept plan for the future planning for the park parcels known as Pommander Park, Potomac View Park, the Gibbon and Wilkes Street ends, and the Old Town Yacht Basin. (#30 6/23/98)

(A copy of the City Manager's memorandum dated June 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Parsons' letter dated September 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Judy Noritake, 605 Prince Street, chair, Alexandria Park and Recreation Commission, spoke in support of removal of the pilings and referring the name of Windmill Hill to the naming committee for consideration. She spoke to potential runoff pollution problems caused by the current dog walk area in the park and suggested that the City might want to consider moving it. Ms. Noritake also suggested that the City may want to apply for a Section 319 Nonpoint Source Program Watershed Restoration Grant to move the current dog area to another section of the park; copies of material presented by Ms. Noritake are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of this item;

Sharon Newsome, 108 Gibbon Street, objected to some of the landscaping plans with respect to trees on Union Street at Pommander Park;

Peter T. Nelson, 3114 Circle Hill Road, spoke in support of project to develop Old Town Yacht Basin;

John Chapman Gager spoke;

Michelle Boggs, 19 Franklin Street, representing residents at Ford's Landing, spoke in support and including the dog run area;

Saralee C. Boteler, 320 South Lee Street, spoke in support with inclusion of the dog run area;

Sara Masterson, 101 Pommander Walk, spoke in support with inclusion of the dog exercise area;

Kirby Rodriguez, 516 Duke Street, spoke in support;

Jonathan Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke;

George G. Boteler, 320 South Lee Street, spoke in support with inclusion of the dog exercise area;

Toni Sutton, 717 South Royal Street/730 Ford's Landing Way, representing area residents, spoke in support with inclusion of the dog exercise area;

Michael Parrish, 29 Alexander Street, spoke in support and including preservation of the dog run area;

Rebecca Ellis, 105 Pommnader Walk, spoke in support provided that the dog exercise area is maintained;

Kleber S. Masterson, Jr., 101 Pommander Walk, spoke in support; and

Joanne Tomasello, 511 North Pickett Street, spoke in support and noted that the issue of enforcement of fecal pickup needs to be looked at for the entire City.

Councilman Cleveland noted that the Four Mile Run pollution problem was from a neighboring apartment building and not from dogs.

Council Member Walker suggested that the cleanup after pets should be worked on at all parks. She spoke about the activities of the Alexandria Waterfront Committee.

Vice Mayor Euille suggested expanding the patrol of the park.

Mayor Donley requested staff to look to see if we can identify how much of a problem the current dog exercise area is at this location, and asked staff to get more information about some of the ideas staff is looking at right now, i.e., the stainless steel receptacle which goes right into the sanitary sewer as opposed to other containers to see if we can try to let this dog exercise area stay where it is. If it is a serious issue, we need to be consistent in terms of allowing elements to enter into the eco-system.







WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council (1) approved the combining of the five parcels known as Pommander Walk, Potomac View Park, the Gibbon and Wilkes Street Ends, and the Old Town Yacht Basin into one park termed the Consolidated Park Area; (2) referred to the City's Naming Committee the issue of the naming of the Consolidated Park Area under one name; and (3) approved the proposed design guidelines for the Consolidated Park Area, with the understanding that we might want to come back and discuss certain aspects, as illustrated in Attachment 3, and referred the elements of the design guidelines that pertain to parking to the Traffic and Parking Board for consideration. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

21. Public Hearing and consideration of the Quaker Lane Apartments Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated August 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Robin Batra, 47037 Berwick Court, Sterling, VA, representing KSI Services, spoke in support and answered questions directed to her by Members of City Council; and

Lillian Patterson, 1034 Woods Place, representing Seminary Civic Association, spoke.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council (1) held the public hearing; (2) approved the Conversion Assistance Plan for Quaker Lane Apartments, noting comments from the Landlord-Tenant Relations Board; and (3) authorized the City Manager to execute a conversion plan agreement. The voting was as follows:

Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"

Whereupon, at 12:25 p.m., City Council recessed for lunch.

Thereupon, at 12:45 p.m., City Council reconvened the meeting.








REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

22. SPECIAL USE PERMIT #98-0039 -- 1616 KING STREET -- HAMPTON INN -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a hotel and retail space, with increase in floor area ratio; zoned OCH/Office Commercial High. Applicant: Benmol Corporation, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated July 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated September 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 222 Green Street, attorney representing the applicant, spoke in support of this item with a change to condition #24.

Mayor Donley suggested to the applicant that they might want to also explain the parking restrictions in writing.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended the added Condition #24 by deleting the final sentence, which Condition now reads: 24. Employees of the hotel shall be encouraged to use public transportation. Employees who drive to work will be required to use off-street parking. The voting was as follows:

Speck "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Walker "aye"

23. SPECIAL USE PERMIT #98-0079 -- 719 KING STREET -- TAJ PALACE INDIAN CUISINE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant and to change conditions of the permit regarding parking; zoned CD/Commercial Downtown. Applicant: Taj Palace Indian Cuisine, by Dharmender Rai.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/12/98, and is incorporated herewith as part of this record by reference.)


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

Michael J. Chamowitz, 118 North Alfred Street, attorney representing the applicant, spoke in support.

It was noted that the sign will be removed Monday.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #22, and amended Condition #13 to read: 13. That employees who drive to work will be required to use off-street parking. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

24. SPECIAL USE PERMIT #98-0088 -- 107 NORTH FAYETTE STREET -- FIVE GUYS RESTAURANT -- Public Hearing and Consideration of a review of a special use permit and request for additional seats for a restaurant; zoned CD/Commercial Downtown. Applicant: Jerry and Janie Murrell; Five Guys, Inc.

Councilwoman Pepper indicated that she will work with the Health Department staff with respect to Health Code violations.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #13 to read: 13. That employees who drive to work will be required to use off-street parking.; and requested that staff communicate the change in Condition #13 to the applicant since he is not present. The voting was as follows:

Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"

25. TEXT AMENDMENT #98-0010 -- AUTOMOBILE REPAIR BUSINESSES -- Public Hearing Consideration of an amendment to the Zoning Ordinance to change the rules for allowing general automobile repair uses. Staff: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of the attorneys' letter dated September 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Larry Stansbury, 6101 Edsall Road, representing Alexandria Knolls West Condominium Homes, spoke; and

Tim Sampson, 2200 Clarendon Boulevard, Arlington, VA, attorney representing the applicant, spoke in support.

Mayor Donley requested the attorney for Kline Collision Repair Center to arrange a meeting with Larry Stansbury and residents of Alexandria Knolls West Condominium Homes to explain the landscaping plan.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the text amendment. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

WITHOUT OBJECTION, City Council considered docket item nos. 26 and 27 together and under one motion.

26. VACATION #98-0001 -- 900 SECOND STREET -- BETWEEN FIRST STREET, SECOND STREET, COLONIAL AVENUE, AND POWHATAN STREET -- FIRE STATION #54 -- Public Hearing and Consideration of a request for vacation of an interior court; zoned RB/Residential. Applicant: City of Alexandria, Department of Planning and Zoning, and appointment of viewers for same.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/12/98, and is incorporated herewith as part of this record by reference.)

27. SPECIAL USE PERMIT #97-0197 -- 900 SECOND STREET -- FIRE STATION #54 -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of additions to the existing fire station building and changes to the parking lot; modifications to yards are requested; zoned RB/Residential. Applicant: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/12/98, and is incorporated herewith as part of this record by reference.)


It was noted that Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, and Jean Caldwell, 1117 Powhatan Street, had signed up to speak in support of this item; however, were not present at the moment.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved docket item nos. 26 and 27 as follows:

26. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and authorized the Mayor to appoint viewers. The Mayor subsequently appointed John Hines, chair, and Donald Allen and Bruce Wilmot, members.

Note: Bruce Wilmot declined to be a viewer and Donald Allen has been appointed a substitute judge in Circuit Court; therefore, Ruby Fitzgerald and Paul Smedberg were appointed to replace them as viewers on September 23, 1998 and October 2, 1998, respectively.

27. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

28. DEVELOPMENT SPECIAL USE PERMIT #98-0002 -- 5301 EISENHOWER AVENUE -- WASTE-TO-ENERGY -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a solid waste energy recovery facility, with air pollution control; zoned OCM-100/Office Commercial Medium. Applicant: Ogden Martin Systems, by Glenn Madelmayer.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Larry Stansbury, 6101 Edsall Road, representing Alexandria Knolls West Condominium Homes, expressed concerns about through truck traffic;

Bruce C. Phillips, 5400 Eisenhower Avenue, representing Phillips Industrial Associations, requested that something be done about the odors and that the aesthetics be improved; a copy of a newspaper article together with copy of a petition submitted to the Planning Commission is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of this item; and

Glenn Madelmayer, representing Ogden Martin Systems of Alexandria/Arlington, spoke in support and to issues raised.


Council Member Walker requested Director of Transportation and Environmental Services O'Kane to take a look at the streets in the neighborhood to see where no through truck signs may be placed, send to Traffic and Parking Board, and report back to Council with memorandum. She also stressed the importance that there is no runoff into the creeks that would damage the Chesapeake Bay.

Vice Mayor Euille stressed the importance of complying with odor control.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and with the amended Condition #23 and the added Condition #24. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"

29. SPECIAL USE PERMIT #98-0086 -- 3575 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD - THEATER -- Public Hearing and Consideration of a request for an amendment to a special use permit, with site plan, for an amusement enterprise (movie theater) with related restaurant to allow alcoholic beverages; zoned I/Industrial. Applicant: Hoyts Cinemas Corporation, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of Police Department's additions/changes to the conditions is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support; and

Poul Hertel, 1217 Michigan Court, representing the Northeast Citizens Association, spoke in support.

Mr. Middleton responded to questions directed to him by Members of Council.







WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission and approved, as amended, the request, subject to all applicable codes, ordinances and staff recommendations, and the added Condition #16, as amended by the Police Department, and added Condition #17, and included the addition to Condition #14 and new Condition #18 and the changes to Condition #12 and #16, as submitted by the Police Department, and added a new Condition #19 to read: That the VIP restaurant/lounge portion of the theater hours of operation shall be 11:00 a.m. to 2:00 a.m. The Police Department additions/changes to the conditions read as follows:

12. Change to: The Applicant shall use uniformed security personnel that have arrest powers on the inside of the theater during the late evening hours.

14. Add: If an ongoing security problem exists, the Chief of Police has the emergency authority to direct the applicant to provide additional security. If the additional security measures are still not sufficient to resolve the problem, the Chief of Police may deploy police resources until the situation is resolved. The City may bill the applicant for the cost of police resources if it is considered beyond normal police services.

16. Change to: Applicant shall employ off-duty police officers outside the theater and in the parking lot every night from 5:00 p.m. to one-half hour after closing.

18. Add: The owners of the theater are required to schedule a meeting with the Police Chief or his designee quarterly to discuss the security issues at the theater.

The voting was as follows:

Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "no" Speck "aye"
Walker "aye"

30. SPECIAL USE PERMIT #98-0073 -- 2010-2016 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit for congregate housing; zoned CL/Commercial Low. Applicant: FAKS Equal Care Services, Inc., by Francis A. Kamara.

(A copy of the Planning Commission report dated July 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated September 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 9/12/98, and is incorporated herewith as part of this record by reference.)





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

Duncan W. Blair, 222 Green Street, attorney representing the applicant, spoke in support.

General Discussion. Members of City Council and Planning and Zoning Director Lynn participated in the discussion.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 4-to-2, City Council overturned the recommendation of the Planning Commission and approved the request with an added Condition #7 which reads: 7. "The Director of Planning and Zoning shall review the special use permit one year after it is operational and shall docket the matter for consideration by the Planning Commission and City Council if (a) there have been documented violations of the permit conditions, (b) the director has received a request from any person to docket the permit for review, or (c) the director has determined that there are problems with the operation of the use and that new or revised conditions are needed." The voting was as follows:

Rich "aye" Euille "aye"
Cleveland "aye" Pepper "no"
Donley "aye" Speck out of room
Walker "no"

31. SPECIAL USE PERMIT #98-0062 -- 3600 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA IMPORTS -- Public Hearing and Consideration of a request for a special use permit to increase the number of vehicles offered for sale, amend the landscaping conditions, and extend the time for the existing automobile repair and sales business; zoned CDD-7/Coordinated Development District and OC/Office Commercial. Applicant: Frank Karimian, by William C. Thomas, Jr., attorney.
Recommend Denial In Part 6-0

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Bernard Fagelson, 1775 Jamieson Avenue, attorney representing the applicant, spoke in support.

General Discussion. Members of Council, City Manager Lawson, Planning and Zoning Director Lynn and Mr. Fagelson participated in the discussion.








WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-to-2, City Council approved the request, subject to the compliance with all applicable codes, ordinances and staff conditions with the following stipulations: (1) the applicant will need to do landscaping to the satisfaction of the Planning Director (#11); (2) with a three-month staff review, and if there is a problem, it should come back to Council; (3) to extend the special use permit for a period of one year (#12); and (4) to add the additional display of five vehicles for a maximum of 19 sale vehicles (#9). The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "no"
Walker "no"

32. SPECIAL USE PERMIT #98-0092 -- 516 SOUTH VAN DORN STREET, #A&B -- VAN DORN STATION CENTER -- SANTA ROSA SEAFOOD -- Public Hearing and Consideration of a review of a special use permit for a restaurant and request to amend the conditions to extend the hours of operation and to allow live entertainment; zoned CG/Commercial. Applicant: Andy J. Chicas.

(A copy of the Planning Commission report dated September 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sklar's letter dated September 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 9/12/98, and is incorporated herewith as part of this record by reference.)

It was noted that the applicant was not present and there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and denied the request. The voting was as follows:

Speck "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Walker "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

33. CASE BAR 98-0090 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on June 17, 1998, granting, as amended, a request for re-approval of previously approved plans for Old Town Greens townhouses to be constructed at 701A/B - 713 A/B Slaters Lane, zoned CD Commercial. APPLICANT AND APPELLANT: Centex Homes, by Duncan W. Blair, Esquire.


(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated June 30, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of a joint letter of the Old Town Civic Association and the Northeast Citizens Association, dated September 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 33; 9/12/98, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 222 Green Street, attorney representing the applicant, spoke in support of the appeal;

Oscar Fitzgerald, 206 West Monroe Street, representing the Board of Architectural Review, spoke against the appeal; and

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, spoke against the appeal.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council upheld the decision of the Board of Architectural Review and denied the appeal. The voting was as follows:

Walker "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

ORDINANCES AND RESOLUTIONS

34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 11-400 of the Zoning Ordinance to change the administration of the site plan process from the Department of Transportation and Environmental Services to the Department of Planning and Zoning. (#17 9/8/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Euille out of room
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4019
AN ORDINANCE to amend and reordain Section 11-402 (ADMINISTRATION), under Section 11-400 (SITE PLAN), of Division B (DEVELOPMENT APPROVALS), Article XI (DEVELOPMENT APPROVALS AND PROCEDURES), of the City of Alexandria Zoning Ordinance (TA NO. 98-0011).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-402 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended to read as follows:

Sec. 11-402. Administration. The director has the duty and responsibility to administer and enforce the provisions of this section 11-400 and the authority to establish rules and regulations to do so. To the extent delegated herein, other department directors shall have the duties and responsibilities provided and the authority to establish rules and regulations to administer such responsibilities. The director or the head of any other department referred to in this section 11-400 may delegate in writing to an employee under his supervision any of the functions hereunder for which the director or such department head is responsible. These provisions of section 11-400 are included here for administrative convenience; they derive from section 9.33 of the charter and are technically not part of the zoning ordinance for purposes of section 9.12 of the charter.

Section 2. That in preparing the codification of this ordinance the city attorney be, and he hereby is, directed to make conforming amendments throughout the Zoning Ordinance, and to The Code of the City of Alexandria, 1981, as amended, as appropriate.

Section 3. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or 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, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 09/08/98
First Reading: 09/08/98
Publication: 09/09/98; 09/10/98
Public Hearing: 09/12/98
Second Reading: 09/12/98
Final Passage: 09/12/98
* * * * *




35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the City Manager to permit the landing of aircraft in the City at locations other than an established airport. (#26 9/8/98) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated September 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/12/98, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's draft guidelines dated September 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 9/12/98, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Jo Anne Mitchell, 221 King Street, director, Alexandria Convention & Visitors Association, spoke in support;

Jerry Tamanini, 3338 Valley Drive, spoke against;

Kirk S. Lippold, 2121 Jamieson Avenue, #1007, spoke against;

Jane Starkey, 2121 Jamieson Avenue, #1903, spoke against; and

Robert T. Jordan, 2121 Jamieson Avenue, #1209, representing the Eisenhower Civic Association, spoke against.

Council Member Walker requested that staff provide civic associations with a copy of the guidelines. The City Manager will promulgate the guidelines to civic groups and any changes that are worked out will be brought back to Council and Council will amend the guidelines at that time.

Vice Mayor Euille requested that the guidelines be referenced as part of the ordinance.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the ordinance, as amended, on its Second Reading and Final Passage by amending four lines up from the bottom in Sec. 9-2-7, following the word public, insert the following: "in accordance with guidelines approved by the City Council, ...". The voting was as follows:

Euille "aye" Cleveland "no"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed as amended reads as follows:




ORDINANCE NO. 4020

AN ORDINANCE to amend and reordain Section 9-2-5 (MINIMUM HEIGHT LIMITS) and Section 9-2-7 (LANDING AT OTHER THAN ESTABLISHED AIRPORT), of Chapter 2 (AIRCRAFT), Title IX (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 9-2-5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended, to read as follows:

Sec. 9-2-5 Minimum height limits.

Except when taking off or landing at an established landing field or airport, or at a location authorized by the city manager pursuant to section 9-2-7, no person shall fly or permit any aircraft to be flown within the city, except at a height sufficient to permit a reasonably safe emergency landing, which in no case shall be less than 1,000 feet; provided, that the provisions of this section may be deviated from when special circumstances render a departure necessary to avoid immediate danger or when such departure is required because of stress of weather conditions or other unavoidable cause.

Section 2. That Section 9-2-7 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended, to read as follows:

Sec. 9-2-7 Landing at other than established airport.

Except in case of emergency, or as authorized by the city manager, no person shall land any aircraft in the city, except upon a regularly established airport. Any authorization provided by the manager pursuant to this section shall be for a helicopter landing only, shall be based upon a determination that the landing is in the interest of the city and consistent with the safety of the public, in accordance with guidelines approved by the city council, and shall be accompanied by any terms and conditions deemed necessary by the manager to protect the public safety and welfare, including the provision of insurance, a bond or other form of security.

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

KERRY J. DONLEY
Mayor

Introduction: 09/08/98
First Reading: 09/08/98
Publication: 09/09/98; 09/10/98
Public Hearing: 09/12/98
Second Reading: 09/12/98
Final Passage: 09/12/98
* * * * *


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (36-47)

Planning Commission (continued)

36. Public Hearing and consideration of the Conceptual Plan for the Foot of King Street. (#55 6/23/98). (See note*)

*This Item has been deferred pending a report back from the Alexandria Waterfront Committee.

37. SPECIAL USE PERMIT #98-0056 -- 1313-A POWHATAN STREET -- Public Hearing and Consideration of a request for a special use permit for storage trailers; zoned CSL/Commercial Service Low. Applicant: United States Patent Model Foundation.

38. SPECIAL USE PERMIT #98-0075 -- 5010 DUKE STREET -- CAMERON STATION, PHASE I -- Public Hearing and Consideration of a request for amendment to a special use permit to eliminate a proposed passageway and other modifications to the Phase I plan; zoned CDD-9/Coordinated Development District. Applicant: Greenvest, L.C., by Cyril D. Calley, attorney.

39. MASTER PLAN AMENDMENT #98-0003 -- FIVE-YEAR UPDATE OF MASTER PLAN -- Public Hearing and Consideration of seven specific amendments to the City's Master Plan selected for consideration by the Planning Commission on May 5, 1998.

40. SPECIAL USE PERMIT #98-0064 -- 34 SOUTH REYNOLDS STREET -- ANTONIO’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit amendment for a restaurant to approve an outdoor dining area, to change the hours of operation and to amend conditions of the permit; zoned CG/Commercial General. Applicant: DGF Restaurant Group Inc., by Dimitri Alexis.

41. SPECIAL USE PERMIT #98-0065 -- 3100-3200 BUSINESS CENTER DRIVE -- DASH BUS FACILITY -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a bus storage lot and to remove the project area from the Alexandria Business Center special use permit; zoned I/Industrial. Applicant: City of Alexandria, Department of Transportation and Environmental Services.




42. SPECIAL USE PERMIT #98-0091 -- 5311 DUKE STREET -- MCDONALD’S RESTAURANT -- Public Hearing and Consideration of an amendment to a development special use permit for a restaurant to increase the number of seats, and add a microphone system at the drive-through facility; zoned CG/Commercial General. Applicant: McDonald’s Corporation, by Nan E. Terpak, attorney.

43. TEXT AMENDMENT #98-0012 -- NUMBER OF TOWNHOUSES IN A ROW -- Consideration of an amendment to Section 7-1600 (Townhouses) to change the requirements for the construction of more than eight townhouses in a row. Staff: City of Alexandria, Department of Planning and Zoning.

44. REZONING #97-0002 -- 700 NORTH ASHTON STREET -- NORTH ASHTON AND NORTH BEAUREGARD STREETS -- Public Hearing and Consideration of a request to change the zoning designation of the subject property from R-12/Residential to RT/Residential, with a proffer limiting development on the site to no more than 16 units. Applicant: Presidential Realty Corporation and Kent Lincolnia Joint Venture, by Robert J. Test, attorney.

45. DEVELOPMENT SPECIAL USE PERMIT #98-0005 -- 700 NORTH ASHTON STREET -- NORTH BEAUREGARD STREET AT QUANTRELL AVENUE -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct residential townhouses; zoned R-12/Residential (RT/Residential pending). Applicant: Presidential Realty, Inc., et al., by Robert J. Test, attorney.

46. DEVELOPMENT SPECIAL USE PERMIT #98-0004 -- 2810 KING STREET -- CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct additional off-street parking for a church, with modifications to paving requirements; zoned R-8/Residential. Applicant: Church of Jesus Christ of Latter-Day Saints, by J. Howard Middleton, Jr., attorney.
47. SPECIAL USE PERMIT #98-0093 -- 1737 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned OCH/Office Commercial High. Applicant: Laurent Janowsky and Margaret Ticer Janowsky, by Harry P. Hart, attorney.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, at 4:05 p.m., the Public Hearing Meeting of Saturday, September 12, 1998, was adjourned. The voting was as follows:

Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
* * * * *

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk




The meeting was adjourned at 4:05 p.m.

This docket is subject to change.

* * * * *

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

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *