Regular Meeting
Tuesday, January 28, 1992 - - 7:30 pm
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Gattsek, Division Chief, Office of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Pessoa, Assistant City Attorney; Ms. Federico, Director of Historic Alexandria; Mr. Platky, Director of Management and Budget; Mr. Garrity, Coordinator of Grants Management; Fire Chief Beam; Fire Marshal Connor; Mr. Fertig, Director of Personnel; Mr. Webb, Director of Code Enforcement; Ms. Reichler, Special Assistant to the City Manager for AA/EEO; Ms. Chis, Social Services Director; and Sergeant Corle, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
The Invocation was pronounced by Reverend Karen P. Evans, Rector, Emmanuel Episcopal Church.
3. THERE BEING NO DISCUSSION, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved (a) the Minutes of the Regular Meeting of January 14, 1992, as submitted. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
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4. THERE BEING NO DISCUSSION, upon motion by Council Member Rich, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council received the report of the City Clerk, dated 1/22/92, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/28/92, and is incorporated herewith as part of this record by reference. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck out of room
5. Presentation of a Resolution in Honor of the Late Adelaide Turner. (Councilwoman Pepper)
(Councilwoman Pepper presented the resolution.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried unanimously, City Council adopted the resolution. The voting was as follows:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1577
WHEREAS, Adelaide Turner was born on January 10, 1895, and died on January 5, 1992, five days prior to reaching her 97th birthday; and
WHEREAS, she graduated cum laude at Howard University, and was a member of the Alpha Kappa Alpha Pledge Club, and became a member of one of the first chapters of the N.A.A.C.P. on Howard's campus; and
WHEREAS, she worked with the Young Women's Christian Association and with the Girls' Reserve for many years, acquired a Master's Degree in Social Work at Howard University in 1953, and was the Executive Director of the Bethune Branch, Y.W.C.A. in Alexandria and a social worker with the Y.W.C.A. and with the Family and Child Services Agency in Omaha, Nebraska; and
WHEREAS, she returned to Alexandria in 1974 and worked with the City's Office on Consumer Affairs before retiring to an active life as a volunteer; and
WHEREAS, she was recognized by national and local organizations for her intensive volunteer efforts with the Community Mental Health Center, A.L.I.V.E. and the Commission on Aging, to mention but a few organizations; and
WHEREAS, her deep involvement in the Baha'i World Faith broadened her knowledge and involvement in worldwide issues and gave expression to her love for humankind; and
WHEREAS, she was an inspiration to everyone who met her because of her untiring service, her optimistic outlook, her openness to different cultures and beliefs, her multifaceted interests, her eloquence, her strong principles and her continuous zest of life;
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NOW, THEREFORE, BE IT RESOLVED that the Alexandria City Council hereby expresses its deep sympathy to the family, extended family and friends of Adelaide Turner on her death, and expresses its appreciation for her leadership and outstanding service to Alexandrians.
6. Presentation of a Proclamation Honoring Coach Glenn Furman on His Retirement from Coaching Football at T.C. Williams High School.
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/28/92, and is incorporated herewith as part of this record by reference.)
(Mayor Ticer presented the proclamation.)
WHEREUPON upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
7. Presentation of a Proclamation Congratulating Wade McClellan Craig on Becoming an Eagle Scout. (Councilman Donley)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/28/92, and is incorporated herewith as part of this record by reference.)
(Councilman Donley presented the proclamation.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"
8. Presentation of a Proclamation Declaring February as Afro-American History Month in the City of Alexandria. (Mayor Ticer)
(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/28/92, and is incorporated herewith as part of this record by reference.)
(Vice Mayor Cleveland presented the proclamation.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council endorsed the proclamation. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 9 (b), 10 (b), 11 and 12 from the Consent Calendar.
9. Receipt of the Following Resignations from Members of Boards, Commissions and Committees:
(a) Alexandria Human Rights Commission
John Scott
(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9 (a); 1/28/92, and is incorporated herewith as part of this record by reference.)
10. Uncontested Appointments to Boards, Commissions and
Committees:
(a) Alexandria Emergency Medical Services Council
1 Member Nominated by the Board of Directors of the Alexandria Convention and Visitors Bureau
(c) Alexandria Juvenile Detention Commission
(d) Alexandria Redevelopment and Housing Authority
1 Representative from the Alexandria Landlord - Tenant Relations Board
(e) Alexandria Sanitation Authority
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10 (a, c-e); 1/28/92, and is incorporated herewith as part of this record by reference.)
13. Consideration of an Allocation of Monies for an Energy Conservation Retrofit Program in the Alexandria Public Schools.
(A copy of the City Manager's memorandum dated 1/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/28/92, and is incorporated herewith as part of this record by reference.)
14. Consideration of the Annual Report of the Commission on Disabled Persons.
(A copy of the City Manager's memorandum dated 1/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/28/92, and is incorporated herewith as part of this record by reference.)
15. Consideration of Acceptance of Funding from the State Department of Health for the Fire Department's Emergency Medical Services Recruitment/Retention Project.
(A copy of the City Manager's memorandum dated 1/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/28/92, and is incorporated herewith as part of this record by reference.)
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16. Consideration of Request to Vacate a Position on the Environmental Policy Commission.
(A copy of the City Manager's memorandum dated 1/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/28/92, and is incorporated herewith as part of this record by reference.)
17. Consideration of the Annual Report of the Board of Zoning Appeals.
(A copy of the City Manager's memorandum dated 1/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/28/92, and is incorporated herewith as part of this record by reference.)
END OF CONSENT CALENDAR
WHEREUPON, upon motion simultaneously made by Councilwoman Pepper and Councilman Donley, seconded by Councilman Jackson and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 9 (b), 10 (b), 11 and 12 which were considered under separate motions. The City Manager's recommendations are as follows:
9. City Council received the following resignation with regret: (a) John Scott from the Alexandria Human Rights Commission; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner.
10. City Council (a) reappointed Dana Firth as a Member Nominated by the Board of Directors of the Alexandria Convention and Visitors Bureau to the Alexandria Emergency Medical Services Council; (c) reappointed Harry Hart as a Citizen Member to the Alexandria Juvenile Detention Commission; (d) reappointed Barbara Harris as a Representative from the Alexandria Landlord-Tenant Relations Board to the Alexandria Redevelopment and Housing Authority; and (e) reappointed Harlan Forbes, III as a Citizen Member to the Alexandria Sanitation Authority.
13. City Council allocated $890,000 from Account 040006-9712 (Cash Capital) to Account 200741-2121 (Systemwide Renovations) to provide funding for a systemwide energy conservation retrofit program at all existing school facilities.
14. City Council received the report and commended the Commission for its work over the past year.
15. City Council (1) approved the acceptance of these funds by the City Manager in the amount of $1,830 to help the Fire Department recruit and retain qualified ERTs; and (2) authorized the City Manager to execute all documentation related to this grant.
16. City Council declared the position vacant and authorized the Executive Secretary for Boards and Commissions to advertise the vacancy.
17. City Council accepted the report.
END OF CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Jackson "aye" Rich "aye"
Speck "aye"
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9. (b) Alexandria Redevelopment and Housing Authority
Carey L. Meushaw
(A copy of the above resignation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9 (b); 1/28/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck stated that it is unfortunate that Mr. Meushaw's resignation is due to an illness in his family and thanked him for his service to the Authority and the City.
Councilman Jackson expressed his appreciation and is certain that he will be back to serve the City as soon as he is able.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council received the resignation of Carey L. Meushaw from the Alexandria Redevelopment and Housing Authority; and requested the Executive Secretary to send the appropriate letter of appreciation and to advertise the vacancy in the usual manner. The voting was as follows:
Speck "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Rich "aye"
10. (b) Alexandria George Washington Birthday Celebration Committee
1 Member Nominated by the Board of Directors of the Alexandria Convention and Visitors Bureau
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10 (b); 1/28/92, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper stated that this is an uncontested appointment but since it is one that is a family member she would not be voting on this item.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council (b) reappointed F. J. Pepper as a Member Nominated by the Board of Directors of the Alexandria Convention and Visitors Bureau to the Alexandria George Washington Birthday Celebration Committee. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper out of room
Ticer "aye" Rich "aye"
Speck "aye"
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11. Consideration of Renewal of Contract Between the City of Alexandria Human Rights Commission and the U.S. Equal Employment Opportunity Commission (EEOC) for FY 1992.
(A copy of the City Manager's memorandum dated 1/15/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/28/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Council Member Rich asked questions of Ms. Reichler, Special Assistant to the City Manager for AA/EEO. Ms. Evans, Assistant City Manager, the City Manager and Mr. Gitajn, Director of Financial and Information Services, participated in the discussion of this item.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the renewal of the contract with EEOC and authorized the City Manager to submit the necessary documentation and execute the contract. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
12. Consideration of an Allocation of Monies for the Construction of Phase I of King Street Gardens. (Mayor Ticer)
(A copy of the City Manager's memorandum dated 1/23/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/28/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck stated for the record that this allocation is not from City funds but from developer contributions.
Mr. O'Kane, Director of Transportation and Environmental Services, stated that the funds are donations from the Oliver Carr Company for a project on Daingerfield Road and Prince Street as part of the obligation of its Special Use Permit.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried unanimously, City Council allocated $127,548 from Account 245977-9134 (Developer Contributions) to Account 246033-2121 (Gateway Park) for the construction of Phase I of Gateway Park (King Street Gardens Park). The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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18. Consideration of Report by the Alexandria Local Emergency Planning Committee on the Train Derailment at Potomac Yard on June 23, 1991. (Councilman Donley)
(A copy of the City Manager's memorandum dated 1/14/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/28/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Mark E. Erath, Vice Chairman, Alexandria Local Emergency Planning Committee, gave an oral report on this item.
Councilman Donley spoke to this issue.
Councilman Jackson, Councilman Speck, Mayor Ticer and Fire Chief Beam also participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council received the report on the train derailment at Potomac Yard and thanked the members of the Alexandria Local Emergency Planning Committee for their efforts on behalf of the City. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
19. Receipt of the City's Financial Report for the Period Ending December 31, 1991.
(A copy of the City Manager's memorandum dated 1/21/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/28/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck asked questions of Mr. Gitajn, Director of Financial and Information Services, and Mr. Neckel, Director of Finance.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council received the Financial Report for the period ending December 31, 1991. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"
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20. Consideration of Status Report on the General Relief Program.
(A copy of the City Manager's memorandum dated 1/10/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/28/92, and is incorporated herewith as part of this record by reference.
A copy of a letter from the Social Services Advisory Board dated 1/22/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 1/28/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of City Council participated in the discussion of this item. Mr. Gitajn, Director of Financial and Information Services, and Mr. Cyphers, Director of Human Services, also participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council (1) restored General Relief benefit payments to 90 percent of need ($220 per month) in the unemployable/Supplemental Security Income (SSI) interim assistance component for the remaining five months of FY 1992; and (2) extended the emergency assistance eviction prevention component beyond the currently authorized time frame of the three winter months of December, January and February through the end of the FY 1992. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
21. (a) Consideration of Update Report from the City Attorney on Items before the 1992 Virginia General Assembly.
(b) Consideration of Final Report and Recommendations of the Council on Community Services for Youth and Families.
(A copy of the City Attorney's memorandum dated 1/27/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21 (a-b); 1/28/92, and is incorporated herewith as part of this record by reference.)
(The City Attorney went through Chart I first, "Status of City Legislative Package "Sponsor" Proposals".
With respect to HB 427, Delegate Brickley's bill regarding elected school boards is the best local option bill pending at this time. Council Member Rich suggested that the City Attorney's Office work with Senator Calhoun and Delegate Cohen, who are co-patrons of the Brickley bill, in proposing an amendment that may reserve a couple of seats for appointment. To combine this suggestion with it so that when Council makes decisions about whether it would be at-large or whether it would be by wards, whether staggered or unstaggered terms, Council would also have the option to reserve a couple of seats for appointments even if there is a referendum that is supported to have an election. It would be good to have this flexibility. Council gave its consensus to this suggestion.
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The City Attorney went through Chart II, "Status of Bills of Major Significance to City" highlighting several. He did not speak to each one. He stated if he did not hear anything to the contrary from Council as he goes through it, he will assume that the recommended position is acceptable to Council.
With respect to HB 59 which would allow restaurants holding an ABC "mixed beverage" license to increase rather substantially the portion of their receipts that are derived from the sale of "mixed alcoholic beverages", Council opposed this bill and Councilman Speck suggested that it would be beneficial to have someone officially representing the City in testifying against this.
With respect to SB 492 which is the recycling "bottle" bill, Council is opposed to this bill.
With respect to SB 171 which is the "At-Risk Youth and Families" bill, if the amendments given to the City Attorney from Mr. Cyphers take care of funding issues appropriately and the rest of the bill continues to look all right, the Council would be in support of it.
With respect to HB 15 concerning establishing a local disability services planning board, Council will oppose it unless it looks as if it is going through and then try to see if we can get both amendments of a local board and the mandates.
With respect to SB 491 and SB 498, Council opposed changing the effective date of the early childhood and day care legislation to July 1994.
With respect to SB 270 concerning vesting rights, the following motion was made:
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council requested that the City Council, under the signature of the Mayor, inform the entire Northern Virginia Delegation as well as every member of the Senate Committee on Local Government of our opposition and ask that they oppose this legislation as it is being brought to the Committee and to both the House and the Senate if it gets that far and also ask Senator Calhoun who is knowledgeable of our opposition and also Delegate Cohen to remove their patronage. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The City Council concurred with the City Attorney's statement that he has a consensus from Council as they have gone through the package and the positions taken can be taken to Richmond. They will be reflected in the chart next time.
The City Attorney stated that there is a public hearing on February 4 on elected school boards. Council Member Rich will be going to Richmond to speak on the City's position. The Mayor and Council Member Rich will discuss this prior to his going to Richmond.
Councilman Jackson reminded them that the opinion of this Council is not unanimous in its support of elected school boards.
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22. Consideration of Request Regarding Review of the Job Classification and Salary for the Mayor's Aide Position. (Mayor Ticer)
(A copy of Mayor Ticer's memorandum dated 1/13/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 1/28/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilman Jackson and Councilwoman Pepper and carried unanimously, City Council deferred this matter indefinitely. The voting was as follows:
Donley "aye" Ticer "aye"
Jackson "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ORAL PRESENTATIONS BY MEMBERS OF CITY COUNCIL
(a) Mayor Ticer indicated that the Coast Guard was having a meeting tonight on the opening and closing of the Woodrow Wilson Bridge. Mr. Kenyon, Division Chief, Transportation and Environmental Services, attended.
We thought that the interim hours were reasonable and there have not been any events since they have been effective. We would like to go on opposition to Maryland's position asking for openings only between midnight and 4:00 a.m. The City has until February 2, 1992, to respond.
It was the consensus of Council to have the Mayor write a letter to the Coast Guard endorsing the Coast Guard's proposed permanent schedule for the Woodrow Wilson Bridge drawspan, with the caveat that if conditions change with respect to river traffic and vehicular traffic on the bridge, these regulations could be revisited and reevaluated.
ORDINANCES AND RESOLUTIONS
23. Introduction and First Reading. Consideration. Passage on First Reading, Second Reading and Final Passage of AN ORDINANCE adopting Supplement 33 to The Code of the City of Alexandria, 1981, as amended.
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its First and Second Readings. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
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ORDINANCE NO. 3557
AN ORDINANCE adopting supplemental pages for The Code of the City of Alexandria, Virginia, 1981, as amended, and providing for the repeal of ordinances not included therein, except those saved from repeal by this ordinance and for other purposes.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sections and portions thereof set forth in the supplemental and replacement pages for The Code of the City of Alexandria, Virginia, 1981, each of which pages is identified in the lower left-hand corner by the notation "Supp. No. 33," are hereby adopted as and shall constitute "The Thirty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981."
Section 2. That the sections and portions thereof set forth in "The Thirty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be in force and effect on and after the effective date of this ordinance, and all ordinances of a general and permanent nature which were adopted between May 18, 1991, and June 25, 1991, and which are not included in such supplement or in The Code of the City of Alexandria, Virginia, 1981, are hereby repealed, except as otherwise provided in section 3 of this ordinance.
Section 3. That the repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract established or accruing prior to the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to said date; nor shall it affect any ordinance saved from repeal by Ordinance No. 1250; nor shall it affect any ordinance listed in appendices A through J, both inclusive, of The Code of the City of Alexandria, Virginia, 1981, or any pages supplemental to such appendices; nor shall it affect any provision of any ordinance adopted between May 18, 1991, and June 25, 1991, which is inadvertently omitted from or erroneously incorporated into The "Thirty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981" or any other supplement to the code; nor shall it affect any ordinance adopted after the effective date of this ordinance.
Section 4. That one complete set of pages comprising "The Thirty-Third Supplement to The Code of the City of Alexandria, Virginia, 1981," shall be stapled or otherwise permanently fastened together, shall be manually signed on the front sheet by the mayor and the city clerk, and shall be filed in the office of the city clerk and made available to any person desiring to inspect the same. In addition, one complete set of the supplemental and replacement pages of such supplement shall be properly inserted into the copy of The Code of the City of Alexandria, Virginia, 1981, which bears the manual signatures of the mayor and the city clerk, and such code, as amended and supplemented, shall be kept on file in the office of the city clerk and be made available to any person desiring to inspect the same.
Section 5. This ordinance shall become effective upon the date and at the time of its final passage.
Final Passage: January 28, 1992
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ORDINANCES AND RESOLUTIONS (continued)
24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Title 7, Chapter 6, of the Code of the City of Alexandria, Virginia to adopt a new article (Article S, Environmental Management) implementing the local regulations required by the Chesapeake Bay Preservation Act and the regulations adopted by the Chesapeake Bay Local Assistance Board. (#5(b) 1/25/92; #20(b) 1/14/92)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(The City Attorney suggested the following amendments to the ordinance:
Page 32, paragraph A., line 15, strike the words "on appeal" and insert ", as applicable,";
Page 33, paragraph D., line 3, insert after "-31(k)" ", -35(m)"; in Sec. 7-6-423, paragraph A., line 4, include the following that is lined through "including a preliminary site plan approved along with a special use permit granted under section 7-6-355," omitting "28(i), -30(k), -31(k), -44(h) or"; and
Page 36, line 7, strike the words "on appeal" and insert ", as applicable,"; and paragraph J. line 3, insert after "-35(k), "-35(m)"; and strike "or -355".)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its Second Reading, as amended. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The substitute ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3558
AN ORDINANCE to amend Chapter 6 (ZONING), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Article S (ENVIRONMENTAL MANAGEMENT).
WHEREAS, the Chesapeake Bay Preservation Act, Virginia Code Sections 10.1-2100 et seq., and the regulations promulgated thereunder by the Chesapeake Bay Local Assistance Board, require the City of Alexandria to adopt a local ordinance implementing the Chesapeake Bay Preservation Act; and
WHEREAS, based upon the findings set forth in Section 7-6-400 within the ordinance, and for the purposes set forth in Section 7-6-401 within the ordinance, and based upon all other facts and circumstances of which the city council may properly take notice in its capacity as the legislative body of the City of Alexandria, the city council finds and determines that adoption of this ordinance is necessary and desirable to protect the public health, safety and general welfare; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
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Section 1. That Chapter 6, Title 7 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding thereto a new Article S to read as follows:
ARTICLE S: ENVIRONMENTAL MANAGEMENT
Sec. 7-6-400 General Findings.
The Chesapeake Bay is one of the most productive estuaries in the world, providing substantial economic and social benefits to the people of the Commonwealth of Virginia. Healthy state and local economies are integrally related to and dependent upon the health of the Chesapeake Bay. The general welfare of the people of the Commonwealth depends upon the health of the Bay.
The waters of the Chesapeake Bay and its tributaries have been degraded significantly by point source and nonpoint source pollution, which threatens public health and safety and the general welfare.
Appropriate land use regulations and construction and maintenance practices have proven ability to reduce pollution that damages water quality of the Chesapeake Bay and its tributaries.
Sec. 7-6-401 Purpose.
A. It is the policy of the City of Alexandria, Virginia, to protect the quality of water in the Chesapeake Bay and its tributaries and, to that end, to require all land uses and land development in the city to:
(1) safeguard the clean waters of the Commonwealth from pollution;
(2) prevent any increase in pollution of state waters;
(3) reduce existing pollution of state waters;
(4) promote water resource conservation.
B. To fulfill this policy, these regulations are adopted to minimize potential pollution from stormwater runoff, minimize potential erosion and sedimentation, reduce the introduction of harmful nutrients and toxins into state waters, maximize rainwater infiltration while protecting groundwater, and ensure the long-term performance of the measures employed to accomplish the statutory purpose.
Sec. 7-6-402 Authority.
These regulations are issued under the authority of Section 10.1-2108 of Chapter 21, Title 10.1 of the Code of Virginia (the Chesapeake Bay Preservation Act, hereinafter "the Act"), and the regulations promulgated thereunder by the Chesapeake Bay Local Assistance Board, and section 10.1-603.3 of the Code of Virginia, which authorizes the city to adopt a local storm water management program. Authority to protect water quality is also provided by section 15.1-489 of the Code of Virginia.
Sec. 7-6-403 Definitions.
The following words and terms used in this article have the following meanings, unless the context clearly indicates otherwise.
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A. Best Management Practice (BMP) - - means a practice, or combination of practices, that is determined by the Director to be the most effective, practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with the water quality goals of these regulations; examples include stormwater retention ponds, infiltration trenches and filtration systems.
B. Buffer area - - means an area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances.
C. Development - - means the construction or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation or utility facilities or structures.
D. Director - - means the Director of Transportation and Environmental Services (T&ES) or his designee, as authorized in writing.
E. Floodway - - means all lands as defined in section 7-6-53(1).
F. Highly erodible soils - - means soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight. The erodibility index for any soil is defined as the product of the formula RKLS/T, as defined by the "Food Security Act (F.S.A.) Manual" of August 1988, in the "Field Office Technical Guide" of the U.S. Department of Agriculture Soil Conservation Service; where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.
G. Highly permeable soils - - means soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups "rapid" and very rapid"), as found in the "National Soils Handbook" of July 1983 in the "Field Office Technical Guide" of the U.S. Dept. of Agriculture Soil Conversation Service.
H. Impervious cover - - means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to: roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.
I. Infill - - means utilization of vacant land in previously developed areas.
J. Land Disturbance - - means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.
K. Nonpoint Source Pollution - - means contamination from diffuse sources that is not regulated as point source pollution under Section 402 of the Clean Water Act.
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L. Nontidal wetlands - - means those wetlands, other than tidal wetlands, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act, in 33 CFR 328.3b, dated November 13, 1986.
M. Pre-development - - refers to the land use that exists at the time that plans for the development are submitted to the city. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing land use at the time the first item is submitted shall establish pre-development conditions.
N. Post-development - - refers to conditions that reasonably may be expected or anticipated to exist after completion of the development activity on a specific site or tract of land.
0. Redevelopment - - means the process of developing land that is or has been previously developed.
P. Runoff or Stormwater Runoff - - means that portion of precipitation that is discharged across the land surfaces or through conveyances to one or more waterways.
Q. State Waters - - means all waters on the surface or in the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction.
R. Stormwater management facility - - means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow.
S. Tidal shore or shore - - means land contiguous to a tidal body of water between the mean low water level and the mean high water level.
T. Tidal wetlands - - means vegetated and nonvegetated wetlands as defined in section 62.1-13.2 of the Code of Virginia.
U. Tributary stream - - means any perennial stream that is so depicted on the most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle map (scale 1:24,000).
V. Use - - means any activity on the land other than development, including, but not limited to agriculture, horticulture and silviculture.
W. Water-dependent facility - - means a development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to: (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers and in-stream or regional stormwater management facilities; (iii) marinas and other boat docking facilities; (iv) beaches and other public water-oriented recreation areas, and (v) fisheries or other marine resources facilities.
X. Water quality volume - - means the volume equal to the first 0.5 inch of runoff multiplied by the total impervious area of the development site.
Y. Watershed - - means the total drainage area contributing runoff to a single point.
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Z. Wetlands - - means tidal and nontidal wetlands.
Sec. 7-6-404 Administration of Article.
A. The Director of Transportation and Environmental Services is charged with the responsibility for the administration of this article.
B. Duties and Authority. In the administration of this article the Director's duties and authority shall include, without limitation:
(1) receiving applications for plan of development approval;
(2) reviewing applications to determine if they contain all information required and necessary for a determination of their merit;
(3) reviewing applications to determine their compliance with the provisions and intent of this article and their merit;
(4) docketing items for hearing before the planning commission and conferring with the city manager to schedule public hearings before the city council as necessary on applications;
(5) preparing a staff report for each application;
(6) interpreting the provisions of this article to ensure that its intent is carried out.
C. Rules, Regulations and Procedures. The Director shall promulgate rules, regulations and procedures for the administration and enforcement of this article and shall promulgate rules, regulations and procedures for the processing of applications that ensure full review, comment and recommendations on each application by the department of transportation and environmental services. The city manager shall promulgate rules and procedures for review by other departments of applications, where such review is determined to be necessary or desirable and such procedures may include the establishment of a development review committee composed of departments of the city whose expertise is necessary or desirable in the review of applications. All such rules, regulations and procedures shall be transmitted to the city council at the time of issuance.
D. Establishment of Fees. The Director shall by general rule approved by city council establish a schedule of fees required for each application under this article to be paid at the time an application is submitted.
E. Responsibility for Enforcement. The Director shall have the authority and the responsibility pursuant to article L of this chapter to ensure that all buildings and structures and the use of all land complies with the provisions of this article.
F. The Director shall review, approve, disapprove, or approve with modifications or conditions or both the following elements of the plan of development:
(1) The environmental site assessment, required pursuant to section 7-6-416.
(2) The stormwater management plan, required pursuant to section 7-6-417.
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(3) The water quality impact assessment, if required pursuant to section 7-6-418.
(4) Compliance of the plan of development with sections 7-6-409, 7-6-410, 7-6-411, 7-6-412 and 7-6-413.
G. Review and decision on the remaining elements of the plan of development shall be as provided in the regulations of this code applicable to each such element.
H. Review and decision on applications for exceptions shall be as provided in section 7-6-420.
I. Review and decision on applications for exemptions shall be as provided in section 7-6-423.
Sec. 7-6-405 Designation of Chesapeake Bay Preservation Area Overlay District.
A. All land within the corporate limits of the City is designated as a Chesapeake Bay Preservation Area ( CBPA). The CBPA is divided into resource protection areas and resource management areas. The regulations set forth in this article shall apply as an overlay district, and shall supersede any land use or land development regulation of this code which is inconsistent with the provisions of this article.
B. Resource Protection Areas (RPAS) consist of sensitive land adjacent to or near the shoreline that has either an intrinsic water quality value due to the ecological and biological processes such land performs or that is sensitive to uses or activities such that the use results in significant degradation to the quality of state waters. In their natural condition, these lands provide for the removal, reduction, or assimilation of nonpoint source pollution entering the bay and its tributaries. An area of land that includes any one of the following land types shall be considered to be within a RPA:
(2) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary streams;
(3) Tidal shores;
(4) Tributary streambeds; and
(5) Buffer areas 100 feet in width located adjacent to and landward of the components listed in subsections 1-4 above, and along both sides of any tributary stream. Specific exceptions and standards for buffer requirements are set forth in sections 7-6-409 and 7-6-411.
C. Resource Management Areas (RMAs) include land that, if improperly used or developed, has a potential for causing significant water quality degradation or for diminishing the functional value of a RPA. Therefore, all lands in the City, not included in an RPA, shall constitute a RMA since all such land drains through natural (e.g., streams) or manmade (e.g., stormwater sewers) channels to the Potomac River.
Sec. 7-6-406 Incorporation of CBPA Map.
A. The CBPA map, dated January 28, 1992, and signed by the Mayor and Director, prepared in accordance with the above designation criteria which define the boundaries of RPAs and RMAs is hereby incorporated by reference into the Alexandria City Code.
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B. The boundaries of RPAs and RMAs are drawn on the map based on the rebuttable presumption that the lands within those boundaries meet the respective RPA and RMA designation criteria. In the event of conflict between the CBPA map and the designation criteria in section 7-6-405, the designation criteria shall be controlling. The Director may exercise judgment in determining site-specific boundaries based on more reliable field data provided by the applicant or staff and examined during the plan of development review process.
Sec. 7-6-407 Development and Uses Permitted in RPAs.
A. Development is permitted in RPAs only if it is water dependent and is permitted in the underlying zoning district. Redevelopment is permitted in RPAs if it is permitted in the underlying zoning district. Development and redevelopment shall comply with all requirements in sections 7-6-409, 7-6-410 and 7-6-411.
B. In addition to the development or redevelopment permitted in "A" above, the following uses only shall be permitted within a RPA to the extent that they are not prohibited by any other provision of this code or applicable law and provided they do not require development, redevelopment, structures, grading, fill, draining, or dredging:
(1) conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife;
(2) passive recreational activities, including but not limited to fishing, birdwatching, hiking, boating, horseback riding, swimming, and canoeing;
(3) educational activities, scientific research, and nature trails; and
(4) historic preservation and archeological activities.
C. The following uses, which may involve structures, fill, flooding, draining, dredging, or excavating, shall be permitted within a RPA, to the extent specifically enumerated in these regulations and not prohibited by any other provision of this code or applicable law and subject to the Director's review and approval of design and construction plans for compliance with this subsection:
(1) construction, installation, operation and maintenance of electric, gas, telephone and cable television transmission lines, railroads and public roads constructed by VDOT or by or for the City of Alexandria in accordance with VDOT standards, and their appurtenant structures, in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law (sections 10.1-560 et seq. of the Code of Virginia and the Stormwater Management Act (sections 10.1-603.1 et seq. of the Code of Virginia); an erosion and sediment control plan and a stormwater management plan approved by the Department of Conservation and Recreation or by the City of Alexandria under local water quality protection criteria at least as stringent as the above state requirements shall be deemed to constitute compliance with these regulations;
(2) construction, installation, and maintenance of water, storm or sanitary sewer, and local gas or other utility lines provided that:
(a) to the degree possible, the location of such utilities and facilities should be outside RPAs;
(b) no more land shall be disturbed than is necessary to provide for the desired utility installation;
(c) all such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal permits, and designed and conducted in a manner that protects water quality;
(d) any land disturbance exceeding an area of 2500 square feet shall comply with the Erosion and Sediment Control regulations in the City Code.
(3) limited excavating and filling in an area of 2500 or less square feet necessary for the repair and maintenance of piers, walkways, observation decks, duck blinds, wildlife management shelters, boathouses, and other similar water-related structures, provided that they are built on pilings to allow unobstructed flow of water and preserve the natural contour of a RPA.
(4) paved or unpaved bike or other recreational trails.
(5) required construction, installation, minor modification and maintenance of in-stream or regional best management practices.
Sec. 7-6-408 Development and Uses Permitted in RMAs.
Development, redevelopment and uses authorized by the underlying zoning classification are permitted in the RMA provided such activity is carried out in accordance with the performance requirements set forth in sections 7-6-412 and 7-6-413.
Sec. 7-6-409 General Performance Requirements for Development and Redevelopment in RPAs.
A. The Director shall approve development or redevelopment in a RPA only if it is found that the regulated activity is in compliance with these regulations and that the applicant has demonstrated, by a preponderance of the evidence, that the proposed development or redevelopment meets or exceeds the following standards and the buffer requirements of subsection B:
(1) No more land shall be disturbed than is necessary to provide for the proposed use, development or redevelopment.
(2) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use, development or redevelopment proposed.
(3) Development or redevelopment shall minimize impervious cover consistent with the use and development allowed.
(4) The proposed development or redevelopment shall comply with the Erosion and Sedimentation Control regulations in this code.
(5) Stormwater management requirements:
(a) Any maintenance, alteration, use or improvement to an existing structure which does not degrade the quality of surface water runoff is exempt from stormwater management requirements.
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(b) Estimated post-development nonpoint source pollution load shall not exceed the estimated predevelopment nonpoint source pollution load of runoff based upon average land cover conditions within the city as calculated using standards, consistent with good engineering practice, established by the Director pursuant to section 7-6-404(C). (Redevelopment shall comply with additional criteria in section 7-6-410.)
(c) The following options will be considered to comply with the stormwater management requirements of these regulations for development and redevelopment:
(i) incorporation of on-site BMPs that achieve the required control for development and redevelopment as determined by calculation procedures and BMP efficiencies in standards, consistent with good engineering practice, established by the Director pursuant to section 7-6-404(C). Maintenance agreement for any BMPs existing or installed is required; and
Redevelopment shall comply with additional criteria in section 7-6-410.
(ii) compliance with a locally adopted regional stormwater management program incorporating pro-rata share payments pursuant to the authority provided in section 15.1-466(j) of the Code of Virginia or a locally adopted regional stormwater management program adopted pursuant to the authority provided in section 15.1-292.4 of the Code of Virginia that results in achievement of equivalent water quality protection; or
(iii) compliance with a state or locally implemented program of stormwater discharge permits pursuant to section 402(p) of the Federal Clean Water Act, as set forth in 40 CFR 122, 123, 124 and 504, dated 11/16/90.
(6) the non-water dependent portion of a development encompassing both a RPA and RMA is located outside of a RPA; and
(7) access for development or redevelopment is provided with the minimum disturbance necessary; where possible, only a single point of access shall be provided.
B. Buffer requirements for RPAs:
(1) The buffer shall achieve 75% reduction of sediments and 40% reduction of nutrients. A 100 foot wide buffer shall be considered adequate to meet this standard.
(2) In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only to provide for reasonable sight lines, access paths, general woodlot management, and BMPs as follows:
(a) Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff; such shall require the approval of the City Arborist.
(b) Any path shall be constructed and surfaced so as to effectively control erosion.
(c) Dead, diseased, or dying trees or shrubbery may be removed and silvicultural thinning may be conducted as approved by the City Arborist. The City Arborist may approve a long term management plan for a specific RPA which complies with professionally recognized management practices.
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(d) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established, all as approved by the City Arborist, to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
(3) Exceptions to buffer requirements.
(a) The buffer may be reduced to 50 feet if the Director determines that a combination of a smaller buffer and appropriate BMPs located landward of the buffer achieves a 75% reduction of sediment and 40% reduction in nutrients.
(b) If buffer requirements reduce buildable area on lots recorded before 10/1/89, the Director may allow modifications as follows:
(i) the reduction shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities;
(ii) if possible, equal area shall be established elsewhere on the site in a way to maximize water quality protection; and
(iii) the buffer shall in no case be less than 50 feet.
Sec. 7-6-410 Additional Performance Requirements for Redevelopment in RPAs.
A. The Director shall approve redevelopment in a RPA only if it is found that the regulated activity is in compliance with these regulations and that the applicant has demonstrated by a preponderance of the evidence that the proposed redevelopment meets or exceeds the following standards:
(1) If currently served by properly functioning BMPs, the regulated activity shall not increase nonpoint source pollution load in runoff;
(2) if not served by such BMPs, regulated activity shall reduce estimated nonpoint source pollution load in runoff by 10% based on actual predevelopment and post development site conditions; or
(3) in addition to available stormwater management options delineated in section 7-6-409, a redevelopment site that is completely impervious as currently developed shall be considered to comply with the stormwater management requirements of these regulations if the applicant restores a minimum 20% of the site to vegetated open space.
B. Redevelopment shall not result in any net-increase in impervious cover.
C. These requirements apply in addition to, and in case of conflict shall control over, the requirements of section 7-6-409.
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Sec. 7-6-411 Standards for Water Quality Impact Assessment.
A. Evaluation Procedure.
(1) The Director shall approve a water quality minor impact assessment only if it is found that the proposed regulated activity is in compliance with these regulations and that the applicant has demonstrated by a preponderance of the evidence that the development or redevelopment, including any proposed modification or reduction to the buffer area, is consistent with these regulations and shall make a finding based upon the following criteria:
(a) The necessity of the proposed encroachment and the ability to place improvements elsewhere on the site to avoid disturbance of the buffer area;
(b) impervious surface is minimized;
(c) proposed BMPs, where required achieve the requisite reductions in pollutant loadings;
(d) the development, as proposed, meets the purpose and intent of these regulations;
(e) the cumulative impact of the proposed development when considered in relation to other development within the RPA in the vicinity, both existing and proposed, will not result in a significant degradation of water quality.
(2) The Director shall approve a water quality major impact assessment only if it is found that the proposed regulated activity is in compliance with these regulations and that the applicant has demonstrated by a preponderance of the evidence that the development or redevelopment, including any proposed modification to the buffer area, is consistent with these regulations and shall make a finding based upon the following criteria:
(a) Within any RPA, the proposed development is water-dependent or constitutes redevelopment;
(b) the disturbance of wetlands shall comply with state and federal regulations;
(c) the development will not result in significant disruption of the hydrology of the site;
(d) the development will not result in significant degradation of water quality that could adversely affect aquatic vegetation or life;
(e) the development will not result in unnecessary destruction of plant material on site;
(f) proposed erosion and sediment control measures are adequate to achieve the required reductions in runoff, and prevent off-site transport of sediment during and after construction;
(g) proposed stormwater management measures are adequate to control the stormwater runoff to achieve the required standard for pollutant control;
(h) proposed revegetation of disturbed areas will provide adequate erosion and sediment control benefits as determined by the Director;
(i) the design and location of any proposed drainfield will be in accordance with the requirements of section 7-6-409 and 7-6-416.
(3) Upon receipt of any water quality major impact assessment application, the Director may determine if review by the Chesapeake Bay Local Assistance Department (CBLAD) is warranted and may request CBLAD to review the assessment and respond with written comments. Any comments by CBLAD will be incorporated into the final review by the Director provided that such comments are provided by CBLAD within 90 days of the request.
Sec. 7-6-412 General Performance Requirements for Development and Redevelopment in RMAs.
A. The Director shall approve a development or redevelopment in a RMA only if it is found that the regulated activity is in compliance with these regulations and that the applicant has demonstrated, by a preponderance of the evidence, that the proposed development or redevelopment meets or exceeds the following standards:
(1) No more land shall be disturbed than is necessary to provide for the use and development proposed.
(2) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development proposed.
(3) Land development shall minimize impervious cover consistent with the use or development proposed.
(4) Development exceeding 2,500 square feet of disturbance shall comply with the Erosion and Sedimentation Control regulations in the City Code.
(5) Stormwater management requirements:
(a) Any maintenance, alteration, use or improvement to an existing structure which does not degrade the quality of surface water runoff is exempt from stormwater management requirements.
(b) Estimated post-development nonpoint source pollution load shall not exceed the estimated predevelopment nonpoint source pollution load of runoff based upon average land cover conditions within the City, as calculated using standards consistent with good engineering practice established by the Director pursuant to section 7-6-404(C).
(c) The following options will be considered to comply with the stormwater management requirements of these regulations for development and redevelopment:
(i) incorporation of on-site BMPs that achieve the required control for development and redevelopment as determined by calculation procedures and BMP efficiencies in standards established by the Director pursuant to section 7-6-404(C) consistent with good engineering practice;
Maintenance agreement for any BMPs existing or installed is required; and
Redevelopment shall comply with additional criteria in section 7-6-413.
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(ii) compliance with a locally adopted regional stormwater management program incorporating pro-rata share payments pursuant to the authority provided in section 15.1-466(j) of the Code of Virginia or a locally adopted regional stormwater management program adopted pursuant to the authority provided in section 15.1292-4 of the Code of Virginia that results in achievement of equivalent water quality protection; or
(iii) compliance with a state or locally implemented program of stormwater discharge permits pursuant to section 402(p) of the federal Clean Water Act, as set forth in 40 C.F.R. 122, 123, 124 and 504, dated December 7, 1988.
B. Redevelopment shall comply with the additional criteria in section 7-6-413.
Sec. 7-6-413 Additional Performance Requirements for Redevelopment in RMAs.
A. The Director shall approve redevelopment in a RMA only if it is found that the regulated activity is in compliance with these regulations and that the applicant has demonstrated by a preponderance of the evidence that the proposed redevelopment meets or exceeds the following standards:
(1) If currently served by properly functioning BMPs, regulated activity shall not increase nonpoint source pollution load in runoff;
(2) if not served by such BMPs, regulated activity shall reduce estimated nonpoint source pollution load in runoff by 10% based on actual predevelopment and post-development site conditions; or
(3) in addition to available stormwater management options delineated in section 7-6-418, a redevelopment site that is completely impervious as currently developed shall be considered to comply with the stormwater management requirements of these regulations if the applicant restores a minimum 20% of the site to vegetated open spaces.
B. These requirements apply in addition to, and in case of conflict shall control over, the requirements of section 7-6-412.
Sec. 7-6-414 Development Review Process.
Any development or redevelopment exceeding 2,500 square feet of land disturbance shall be subject to the following development review process prior to any clearing of the site or the issuance of any building, land use or land development permit. Any development or redevelopment in a RPA of 2,500 square feet or less of land disturbance shall be subject to approval of a water quality impact assessment as detailed in section 7-6-418, prior to any clearing of the site or the issuance of any building, land use or land development permit.
Sec. 7-6-415 Same -- Required Information.
A. The development review process application shall consist of the plans and studies identified below, such application forms as the Director shall require and the appropriate fees, which together shall constitute the plan of development. The plans and studies identified in this section may be coordinated or combined with other required submission materials, as deemed appropriate by the Director. The Plan of Development shall contain the following elements:
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(1) A site plan in accordance with the provisions of Chapter 5, Title 5 of this Code or other applicable law and, if applicable, a subdivision plat in accordance with the provisions of Chapter 5, Title 7 of the Code.
(2) An environmental site assessment as detailed in section 7-6-416;
(3) A landscape plan in accordance with the provisions of section 5-5-9(g) of this Code certified by qualified design professionals practicing within their areas of competence;
(4) A stormwater management plan as detailed in section 7-6-417;
(5) An erosion and sediment control plan in accordance with the provisions of Chapter 4, Title 5 of this Code;
(6) For all development or redevelopment within an RPA or for an exception under section 7-6-420, a Water Quality Impact Assessment as detailed in section 7-6-418.
Sec. 7-6-416 Same -- Environmental Site Assessment.
A. The environmental site assessment shall clearly delineate the following environmental features:
(1) Tidal wetlands;
(2) Tidal shores;
(3) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or tributary steams;
(4) Highly erodible and highly permeable soils if available from existing public documents or documents available to the applicant;
(5) A 100-foot buffer area located adjacent to and landward of the components listed in subsections (1) through (3) above, and along both sides of any tributary stream;
(6) A listing of all wetlands permits required by law (evidence that such permits have been obtained shall be presented to the Director before permits will be issued to allow commencement of grading or other on-site activity.)
B. Wetlands delineations shall be performed consistent with current procedures promulgated by the U.S. Army Corps of Engineers and the Environmental Protection Agency.
C. The environmental site assessment shall delineate the site-specific geographic extent of the RPA.
D. The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor. This requirement may be waived by the Director when the proposed use or development would result in less than 5,000 square feet of disturbed area.
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E. In the event no part of the site plan area contains any RPA elements as enumerated in section 7-6-405(B), the applicant and a professional engineer or a certified land surveyor, may, in lieu of providing an environmental site assessment plat, so certify, in writing and under oath, to the Director. Any permit issued in reliance upon such a certification which certification is factually inaccurate or incorrect shall be void ab initio, and such invalidity shall be in addition to any other penalties which may be imposed upon the makers of such certification.
Sec. 7-6-417 Same -- Stormwater Management Plan.
A. A stormwater management plan shall be developed so that from the site, the post-development peak runoff rate from a two- year storm and a ten-year storm, considered individually, shall not exceed their respective predevelopment rates. This peak flow rate requirement shall not apply to single-family residences separately built and not part of a subdivision, including additions or modifications to existing single-family detached residential structures. When the requirements of the City's Erosion and Sediment Control Ordinance are otherwise complied with, the Director may waive this peak flow rate requirement for other development not exceeding one-half acre of land disturbance. The Director may also waive this requirement in cases where stormwater detention would conflict with the City's flood management programs.
B. The water quality volume from the site must be treated in a best management practice (BMP) approved by the Director. If the water quality requirements of sections 7-6-409, 7-6-410, 7-6-412 and 7-6-413 require a smaller BMP or do not require a BMP, the water quality volume treatment requirement may be waived or modified by the Director for single-family residences separately built and not part of a subdivision, including additions to existing single-family detached residential structures, and for sites not exceeding one-half acre of disturbance. The Director may waive this requirement if stormwater detention would conflict with the City's flood management programs.
C. Post-development concentrated surface waters shall not be discharged on adjoining property, unless an easement expressly authorizing such discharge has been granted by the owner of the affected land.
D. The owner or developer may continue to discharge storm water which has not been concentrated (sheet flow) into lower lying property if:
(1) The peak flow rate for a 10-year storm after development does not exceed the predevelopment peak flow rate:
(2) The increase in total volume of runoff caused by the development will not have an adverse impact on the lower-lying property; and
(3) There will be no exacerbation of existing drainage problems on the lower-lying property, or other downstream property.
E. The stormwater management plan shall contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, calculations, and citations to supporting references as appropriate to communicate the information required by this article. At a minimum, the stormwater management plan must contain the following:
(1) Location and design of all planned stormwater control devices;
(2) Procedures for implementing non-structural stormwater control practices and techniques;
(3) Pre- and post-development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations;
(4) Pre- and post-development peak runoff rates from the site for both a two-year storm and ten year storm, considered individually, with supporting documentation of all utilized coefficients and calculations;
(5) For facilities, verification of structural soundness, including a professional engineer certification as applicable;
F. Site specific facilities for phased projects shall be designed for the ultimate development of the contributing project watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents.
G. All engineering calculations must be certified by a professional engineer and performed in accordance with procedures, consistent with good engineering practice, established by the Director pursuant to section 7-6-404(C).
H. The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a party other than the City of Alexandria, then a maintenance agreement shall be executed between the responsible party and the City.
Sec. 7-6-418 Same - - Water Quality Impact Assessment.
A. The purpose of the water quality impact assessment is to:
(1) Identify the impacts of proposed development on water quality and lands within the RPAs;
(2) ensure that, where development does take place within RPAs, it will be located on those portions of the site and in a manner that will be least disruptive to the natural functions of the RPAs; and
(3) specify mitigation which will address water quality protection under the foregoing circumstances or under an exception under section 7-6-420.
B. A water quality impact assessment is required for any proposed development or redevelopment in the RPA. There are two types of water quality impact assessments: water quality minor impact assessments and water quality major impact assessments.
C. A Water Quality Minor Impact Assessment is required for development or redevelopment within RPAs or under an exception which involves 5,000 or less square feet of land disturbance. A minor impact assessment shall demonstrate, through acceptable calculations, that the remaining buffer area and necessary BMPs will result in removal of 75% of sediments and 40% of nutrients from post-development/redevelopment stormwater runoff. Such an assessment shall include a site plan which shows the following:
(1) Location and description of the existing characteristics and conditions of the components of the RPA as identified in section 7-6-405 of this code and delineated in the environmental site assessment required by section 7-6-415 of this code, i. e. tidal wetlands, tidal shores, etc.;
(2) Location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites;
(3) Type and location of proposed BMPs to mitigate the proposed encroachment.
D. A Water Quality Major Impact Assessment is required for development or redevelopment within RPAs or under an exception which involves more than 5,000 square feet of land disturbance. The following elements shall be included in a water quality major impact assessment:
(1) All of the information required in a water quality minor impact assessment as specified above;
(2) A hydrogeological element that:
(a) Describes the existing topography, soils, hydrology and geology of the site;
(b) Describes the impacts of the proposed development or redevelopment on topography, soils, hydrology and geology on the site;
(c) Indicates the following:
(i) Disturbance or reduction of wetlands and justification for such action;
(ii) Disruption or reductions in the supply of water to wetlands, streams, lakes, rivers or other water bodies;
(iii) Disruptions to existing hydrology, including wetland and stream circulation patterns;
(iv) Source location and description of proposed fill material (may, at applicant's risk, be provided when U.S. Army Corps of Engineers permit application is submitted);
(v) Location of dredge material and location of dumping area for such material (may, at applicant's risk, be provided when U.S. Army Corps of Engineers permit application is submitted);
(vi) Locations of and impacts on adjacent shellfish beds, submerged aquatic vegetation, and fish spawning areas (may, at applicant's risk, be provided when U.S. Army Corps of Engineers permit application is submitted);
(vii) The estimated pre- and post-development pollutant loads in runoff as delineated in the stormwater management plan required by section 7-6-415;
(viii) Estimation of percent increase impervious surface on site and identification of the type(s) of surfacing materials to be used;
(ix) Percent of the site to be cleared for the project.
(x) Anticipated duration and phasing schedule of the construction period;
(xi) Listing of all requisite permits from all applicable agencies necessary to develop the project.
(d) Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigation measures include:
(i) Proposed erosion and sediment control measures, which may include minimizing the extent of the cleared area, perimeter controls, reduction of runoff velocities, measures to stabilize disturbed areas, schedule and personnel for site inspection;
(ii) Proposed stormwater management system;
(iii) Creation of wetlands to replace those lost:
(iv) Minimizing cut and fill.
(3) A supplement to the landscape plan that:
(a) Identifies and delineates the location of all significant plant material, including all trees on site six (6) inches or greater diameter breast height. Where there are groups of trees, stands shall be outlined.
(b) Describes the impacts the development or use will have on the existing vegetation. Information should include:
(i) General limits of clearing based on all anticipated improvements, including buildings, drives and utilities;
(ii) Clear delineation of all trees which will be removed.
(iii) Description of plant species to be disturbed or removed.
(c) Describes the potential measures for mitigation. Possible mitigation measures include:
(i) Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;
(ii) Demonstration that the proposed plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation;
(iii) Demonstration that indigenous plants are to be used to the greatest extent possible.
(4) Identification of the natural processes and ecological relationships inherent at the site, and an assessment of the impact of the proposed use and development of the land, including mitigating measures proposed in the water quality impact assessment, on these processes and relationships.
E. (1) A water quality minor impact assessment shall be certified as complete and accurate by a professional engineer or a certified land surveyor.
(2) The additional elements required in a water quality major impact assessment shall be certified as complete and accurate by a professional engineer and by a qualified environmental scientist.
Sec. 7-6-419 Final Plans.
(1) Final site plans and subdivision plats subject to this article for all lands within the CBPA shall include the following additional information:
(a) A copy showing issuance of all wetlands permits required by law;
(b) A maintenance agreement between the city and applicant as deemed necessary and appropriate by the Director to ensure proper maintenance of best management practices in order to assure their continued performance.
(2) Installation and Bonding Requirements.
(a) Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant materials or facilities is completed, in accordance with the approved site plan.
(b) When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the City a surety bond or equivalent satisfactory to the Director in amount equal to the remaining plant materials, related materials, and installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities during the construction period.
(c) Unless otherwise approved by the Director for a phased project, all required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety bond may be forfeited to the City.
(d) Unless otherwise approved by the Director for a phased project, all required stormwater management facilities or other specifications shall be installed and approved within 18 months of project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety bond may be forfeited to the City. The City may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of surety held.
(e) After all required actions of the approved site plan have been completed, the applicant must submit a written request for a final inspection. If the requirements of the approved plan have been completed to the satisfaction of the Director, such unexpended or unobligated portion of the surety bond held shall be refunded to the applicant or terminated within 60 days following the receipt of the applicant's request for final inspection. The Director may require a certificate of substantial completion from a professional engineer or licensed surveyor before making a final inspection.
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Sec. 7-6-420 Exceptions.
A. Unless otherwise provided in this article, a request for an exception to the requirements of this article shall be made pursuant to this section in writing to the Director. The request shall identify the impacts of the proposed exception on water quality and on lands within the RMA and RPA through the performance of a water quality impact assessment which complies with the provisions of section 7-6-418 to the extent applicable.
B. The Director shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the Director finds that the applicant has demonstrated by a preponderance of the evidence that:
(1) granting the exception will not confer upon the applicant any special privileges that are denied to other property owners in the CBPA Overlay District;
(2) the exception is not based upon conditions or circumstances that are self-created or self-imposed, nor does the exception arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels;
(3) the exception is the minimum necessary to afford relief;
(4) the exception will be consistent with the purpose and intent of the Overlay District, and not injurious to water quality, the neighborhood or otherwise detrimental to the public welfare; and
(5) due to the particular physical surroundings, shape, topographical condition, geotechnical characteristics of the site's soils and rock materials or other extraordinary situation or condition of the specific property involved, the strict application of the requirements of this article would effectively prohibit or unreasonably restrict the utilization of the property or would constitute a clearly demonstrable hardship approaching confiscation.
C. Any person aggrieved by a decision of the Director under this section may appeal to the planning commission as provided in section 7-6-421.
Sec. 7-6-421 Appeals.
A. Any person aggrieved by a final case decision of the Director in the administration, interpretation or enforcement of this article or on any application hereunder may appeal such decision to the planning commission, by filing a notice of appeal, in writing, stating the grounds of appeal, with the secretary of the planning commission within 14 days of the issuance of such decision; provided, that any person aggrieved, who had no actual knowledge of the issuance of such decision, may file an appeal within 14 days of the last day on which notice provided in section 7-6-303 or section 5-5-15(c) is given for any element of the plan of development. A notice of appeal shall be accompanied by a filing fee of $100.00.
B. The planning commission shall conduct a public hearing on any appeal filed pursuant to subsection A, notice for which shall be provided in accordance with the applicable provisions of article P of this chapter. Following the conclusion of the hearing, the commission may affirm, reverse or modify the decision of the director, or vacate the decision and remand the matter to the director for further consideration.
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C. Any person aggrieved by a decision of the planning commission issued pursuant to subsection B may appeal the decision to the city council, by filing a notice of appeal, in writing, stating the grounds of appeal, with the city clerk within 14 days of the issuance of the decision.
D. The city council shall conduct a public hearing on any appeal filed pursuant to subsection C, notice for which shall be provided in accordance with the applicable provisions of article P of this chapter. Following the conclusion of the hearing, the council may affirm, reverse or modify the decision of the commission, or vacate the decision and remand the matter to the commission or the director for further consideration.
Sec. 7-6-422 Noncomplying Use Status and Related Matters.
A. Any land use or land development lawfully existing on January 28, 1992, and any land use or land development for which a final site plan, approved on or before January 28, 1992, continues in force and effect, which does not comply with the provisions of this article, shall be deemed a noncomplying land use or land development. A noncomplying land use or land development, if not lawfully existing on January 28, 1992, may retain its noncomplying status and be constructed without compliance with this article and in accordance with its approved final site plan, any minor amendments thereto approved by the Director, and any non-minor amendments thereto approved by the planning commission or city council, as applicable, so long as such non-minor amendments do not, individually or in the aggregate, cause either a net increase in impervious surface or any additional encroachment into RPA over the level of imperviousness or encroachment associated with the land use or land development as previously approved; provided, that any such non-minor amendments shall comply with the provisions of this article to the maximum extent feasible. If existing or when constructed, a noncomplying land use or land development shall be permitted to continue indefinitely and shall be considered a legal land use or land development, but shall be subject to the following restrictions:
(1) Expansion. No noncomplying land use or land development may be physically enlarged or expanded unless such enlargement or expansion complies with the provisions of this article, and any other applicable provisions of law.
(2) Reconstruction. If a noncomplying land development is destroyed, demolished or otherwise removed, it may be reconstructed; provided, that such reconstruction shall be categorized as development or redevelopment, as the case may be, and shall comply with the provisions of this article and any other applicable provisions of law.
(3) Repairs and maintenance. A noncomplying land development may be remodeled, renovated, maintained, repaired and altered so long as such work complies with the provisions of this article, and any other applicable provisions of law.
B. Unless deemed a noncomplying land use or land development under subsection A, or unless granted an exemption pursuant to section 7-6-423, any land use or land development subject to this article which is the object of any land use, land development or construction permit application, including a renewal or extension application, pending before any department, board or commission of the city, before the city council, or on judicial review on January 28, 1992, or thereafter filed with any such department, board or commission, shall comply with the provisions of this article.
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C. Unless deemed a noncomplying land use or land development under subsection A, or unless granted an exemption pursuant to section 7-6-423, any land use or land development subject to this article which is the object of a land use, land development or construction permit approval in force and effect on January 28, 1992, shall comply with the provisions of this article. Any renewal or extension of any such approval shall comply with the provisions of this article.
D. For purposes of this section, a land development for which a special use permit has been issued under section 7-6-28(i), -30(k), -31(k), -35(m) or -44(h) of this code and recorded among the land records of the city prior to January 28, 1992, and for which no final site plan is required to be filed subsequent to the recordation of the permit, shall be considered as being the object of a final site plan approved prior to January 28, 1992.
Sec. 7-6-423 Determination of Undue Hardship Exemption.
A. Upon application, the Director may exempt from the provisions of this article a specific development which, on January 28, 1992, is the object of an approved preliminary site plan, including a preliminary site plan approved along with a special use permit granted under section 7-6-355, whenever the Director finds that the applicant has demonstrated that full application of the provisions of this article would result in undue hardship under the standards set out in subsection B; provided, that the provisions of subsection G shall apply to any development for which an exemption is granted under this section.
B. Standards. In considering whether an applicant has demonstrated undue hardship, the Director shall consider the following standards where applicable:
1. Whether the applicant has in good faith relied to his detriment on the preliminary site plan approval prior to January 28, 1992, in a manner that makes it inequitable to enforce the terms of this article with respect to the applicant's property.
2. The extent to which the applicant has, prior to January 28, 1992, and in reliance on the preliminary site plan approval, made a substantial commitment of money or resources directly associated with physical improvements on the land, such as grading, excavation, installation of utility infrastructure or other public improvement, or for the design of specific buildings and improvements to be constructed on the site.
3. The extent to which the applicant has, prior to January 28, 1992, and in reliance on the preliminary site plan approval, secured permits for, and commenced or completed, the construction of site improvements and buildings in part but not all of a development that was contemplated to extend over a period of months or years.
4. Whether the applicant has, prior to January 28, 1992, and in reliance on the preliminary site plan approval, made contractual commitments to complete buildings and deliver title thereto or occupancy thereof.
5. Whether the applicant has, prior to January 28, 1992, and in reliance on the preliminary site plan approval, incurred financial obligations to a lending institution which the applicant will be unable to meet unless he is permitted to proceed with the proposed development.
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6. Whether enforcement of the terms of this article will expose the applicant to substantial monetary liability to third persons.
7. Whether undue hardship has been demonstrated only with respect to an identifiable and discrete portion of the proposed development.
C. The fact that the property has been or is in a particular zoning classification under this chapter, or any prior zoning ordinance of the city, or that a specific development plan has or has not been approved, shall not, in itself, establish undue hardship.
D. Any person, firm, or corporation having an ownership interest in property may file an application for a determination of undue hardship. Such application shall be filed with the Director, shall contain a recital of the facts which are claimed to support the application, and shall contain such other information as the Director may specify.
E. A reasonable opportunity for written public comment on an application shall be afforded by the Director.
F. Within 30 days after the close of the comment period, the Director shall issue a decision on the application and shall serve the same by certified mail on the applicant and any commentors who have so requested. Such decision shall contain written findings of fact and, if applicable, conclusions of law.
G. In granting an exemption pursuant to this section, the Director shall require that the previously approved development comply with the provisions of this article to the maximum extent feasible.
H. Nothing in this section shall be construed as excusing a land development granted an exemption pursuant to subsection A from any of the conditions imposed in conjunction with the development's preliminary site plan approval, or any other approval, including where applicable those imposed by this code, and any exemption shall itself be conditioned upon the satisfaction of all such conditions not waived or modified by the Director.
I. A land development granted an exemption pursuant to subsection A may retain its exemption and be constructed in accordance with its approved preliminary site plan and the provisions of this article imposed by the Director pursuant to subsection G, with any minor amendments to that site plan approved by the Director, and with any non-minor amendments thereto approved by the planning commission or city council, as applicable, so long as such non-minor amendments do not, individually or in the aggregate, cause either a net increase in impervious surface or any additional encroachment into RPA over the level of imperviousness or encroachment associated with the land development as previously approved; provided, that any such non-minor amendments shall comply with the provisions of this article to the maximum extent feasible.
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J. For purposes of this section, a land development for which a special use permit has been issued under section 7-6-28(i), -30(k), -31(k), -35(m) or -44(h) of this code and recorded among the land records of the city prior to January 28, 1992, and for which one or more final site plans are required to be filed subsequent to the recordation of the permit, shall be considered as being the object of an approved preliminary site plan approved prior to January 28, 1992; provided, that any such land development or portion thereof for which a required final site plan has been approved prior to January 28, 1992, shall be considered, for purposes of section 422, as being the object of a final site plan approved prior to January 28, 1992.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/25/92
First Reading: 1/25/92
Publication: 1/28/92
Public Hearing: 1/28/92
Second Reading: 1/28/92
Final Passage: 1/28/92
OTHER
25. Consideration of City Council Schedule.
(A copy of the City Manager's memorandum dated 1/24/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 1/28/92, and is incorporated herewith as part of this record by reference.)
(There was considerable discussion about the location of the Joint Public Hearing with the School Board on the Superintendent's budget.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council moved that the Joint Public Hearing with the School Board be conducted at the Howard Administration Building this year and the City Council Chamber next year and from there on. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried unanimously, City Council approved the City Council Schedule and (1) scheduled the annual meeting of the Board of Directors of the Alexandria Transit Company at 6:30 p.m. in the Council Workroom before the February 11 meeting followed by a Work Session on legislative items and (2) noted that members of the Quander family, the family featured in the City exhibition set to open February 1 in the Cameron Street Lobby of City Hall, entitled "The Quander Family: From Farm to Market" as part of the events during Afro-American History Month, will be visiting the exhibit from 7:00 p.m. to 7:30 p.m., February 11, and Council is invited to attend a reception in their honor in the Cameron Street Lobby. The voting was as follows:
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Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
CONTESTED APPOINTMENTS
26. Alexandria Beautification Commission
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Sally Cochran
Cheryl Holben
Peter Schenk, Jr.*
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 26; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Peter Schenk, Jr. as a Citizen Member to the Alexandria Beautification Commission. The voting was as follows:
Ticer - Schenk
Cleveland - Schenk
Donley - Schenk
Jackson - Schenk
Pepper - Schenk
Rich - Schenk
Speck - Cochran
27. Alexandria Commission on Aging
1 Citizen Member
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
Colin Campbell
Todd Crenshaw
Edward Sheehy
Julia Woodard*
*Residency Waiver Required
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(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 27; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council appointed Edward Sheehy as a Citizen Member to the Alexandria Commission on Aging. The voting was as follows:
Ticer - Sheehy
Cleveland - Sheehy
Donley - Crenshaw
Jackson - Crenshaw
Pepper - Sheehy
Rich - Crenshaw
Speck - Sheehy
28. Alexandria Emergency Medical Services Council
1 Hospital Administration Representative from Alexandria Hospital
(The following person was recommended for appointment to the above Council:)
NAME ENDORSED BY:
Jean Dunham* Alexandria Hospital
(Residency Waiver Required)
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 28; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Jean Dunham as the Hospital Administration Representative from Alexandria Hospital to the Alexandria Emergency Medical Services Council. The voting was as follows:
Ticer - Dunham
Cleveland - Dunham
Donley - Dunham
Jackson - Dunham
Pepper - Dunham
Rich - Dunham
Speck - Dunham
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29. Alexandria Landlord-Tenant Relations Board
1 Homeowner Representative
1 Landlord Representative
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
1 Homeowner Representative
David Hammond Colonel Russell D. Chapin U.S. Army (Ret.)
Daniel Moshenberg
Ellen Rathfon
1 Landlord Representative
David Grenadier*
Mark McCaslin
*Incumbent
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 29; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council appointed David Hammond as a Homeowner Representative and reappointed David Grenadier as a Landlord Representative to the Alexandria Landlord-Tenant Relations Board. The voting was as follows:
Ticer - Hammond, Grenadier
Cleveland - Moshenberg, Grenadier
Donley - Hammond, Grenadier
Jackson - Hammond, Grenadier
Pepper - Hammond, Grenadier
Rich - Rathfon, Grenadier
Speck - Hammond, Grenadier
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30. Alexandria Park and Recreation Commission
1 Member from Planning District I
1 Member from Planning District II
(The following persons volunteered for appointment to the above Commission:)
NAME ENDORSED BY:
1 Member from Planning District I
Judy Guse-Noritake
Anne Haynes*
1 Member from Planning District II
Margaret Garstka
Nancy McCormick*
Roscoe Starek, III
*Incumbents
(Material pertaining to the above appointments is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 30; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following results: City Council reappointed Anne Haynes as a Member from Planning District I and reappointed Nancy McCormick as a Member from Planning District II to the Alexandria Park and Recreation Commission. The voting was as follows:
Ticer - Haynes, Garstka
Cleveland - Haynes, McCormick
Donley - Haynes, McCormick
Jackson - Haynes, McCormick
Pepper - Haynes, Garstka
Rich - Haynes, McCormick
Speck - Haynes, McCormick
31. Alexandria Task Force on AIDS
1 Representative from Hopkins House
(The following person was recommended for appointment to the above Task Force:)
NAME ENDORSED BY:
Linda Curie-Cohen* Hopkins House
*Residency Waiver Required
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 31; 1/28/92, and is incorporated herewith as part of this record by reference.)
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Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and appointed Linda Curie-Cohen to the Alexandria Task Force on Aids. The voting was as follows:
Ticer - Curie-Cohen
Cleveland - Curie-Cohen
Donley - Curie-Cohen
Jackson - Curie-Cohen
Pepper - Curie-Cohen
Rich - Curie-Cohen
Speck - Curie-Cohen
32. Alexandria Transportation Planning Board
1 Citizen Member
(The following persons volunteered for appointment to the above Board:)
NAME ENDORSED BY:
Reginald Foster
Stephen Lauria
Michael Lowell
Susan MacKay League of Women Voters
Brian Meehan*
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No.1 of Item No. 32; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council reappointed Brian Meehan as a Citizen Member to the Alexandria Transportation Planning Board. The voting was as follows:
Ticer - Meehan
Cleveland - Meehan
Donley - Meehan
Jackson - Meehan
Pepper - Meehan
Rich - Meehan
Speck - Meehan
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33. Alexandria Waterfront Committee
1 Representative from the Board of Directors of the Alexandria Convention and Visitors Bureau
(The following person was recommended for appointment to the above Committee:)
NAME ENDORSED BY:
Willem Polak* Board of Directors of the Alexandria Convention and Visitors Bureau
(Residency Waiver Required)
*Incumbent
(Material pertaining to the above appointment is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 33; 1/28/92, and is incorporated herewith as part of this record by reference.)
Whereupon, ballots were distributed, tellers were appointed and the ballots tallied with the following result: City Council waived the residency requirement and reappointed Willem Polak as a Representative from the Board of Directors of the Alexandria Convention and Visitors Bureau to the Alexandria Waterfront Committee. The voting was as follows:
Ticer - Polak
Cleveland - Polak
Donley - Polak
Jackson - Polak
Pepper - Polak
Rich - Polak
Speck - Polak
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, at 10:48 p.m., the Regular Meeting of January 28, 1992, was adjourned. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
APPROVED BY:
_______________________________
PATRICIA S. TICER MAYOR
ATTEST:
___________________________
Beverly I. Jett, CMC City Clerk
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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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