Meeting Minutes for Public Hearing Meeting (10/12/1991)

Public Hearing Meeting
Saturday, October 12, 1991 - - 9:30 am

* * * * *

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

Absent: Vice Mayor William C. Cleveland.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Moore, Zoning Administrator; Mr. Neckel, Director of Finance; Mr. Platky, Director of Management and Budget; Ms. Boyd, Director of Citizen Assistance; Mr. Grisar, Consumer Affairs Administrator; Mr. Grossman, Division Chief, Planning and Community Development; Police Chief Samarra; 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, except Vice Mayor Cleveland.

(a) Chaplain Vincent Guss, 4320 Seminary Road, representing the Alexandria Hospital, spoke regarding the Pastoral Care Program at the Alexandria Hospital.

(A copy of material submitted by Chaplain Guss is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2 (a); 10/12/91, and is incorporated herewith as part of this record by reference.)

(b) Rod Kuckro, 209 E. Alexandria Avenue, president of the Del Ray Citizens Association, spoke to the problems along Mt. Vernon Avenue of public drinking, loitering and the associated street crimes that go along with that and the current policies of enforcement. He spoke to the issue of a possible open container law in the city. He suggested that perhaps the City have a one-day street crime summit to sit down as a group including the Police Chief, the Commonwealth's Attorney, the Chief Magistrate of the Circuit Court, Members of the City Council, the City Manager and the City Attorney, to try to determine exactly what the rules are with regard to enforcing these kinds of law, and why there seems to be some lack of follow through often times at different stages of the process, and why we are not getting this problem in hand.

Mayor Ticer suggested that the staff investigate the idea and come back with a recommendation, particularly on the meeting and the open container law.

Councilman Speck requested that staff take the data on the last page of the material submitted by Mr. Kuckro and report back to Council concerning the 1990 arrests that were made for drunk in public as to how many were repeat offenders.

(A copy of the material submitted by Mr. Kuckro is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2 (b); 10/12/91, and is incorporated herewith as part of this record by reference.)

(c) John Chapman Gager, representing the Old Town Yacht Basin, spoke during this period.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

3. Receipt of the 1991 Annual Report from Jones Intercable, Inc.

(A copy of the City Manager's memorandum dated 9/24/91, together with Annual Report, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously by all those present, City Council received Jones Intercable's 1991 Annual Report. The voting was as follows:

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

4. Public Hearing and Consideration of a Request for an Overhead Utilities Variance at 3737 Seminary Road, the Virginia Theological Seminary. (#16 9/24/91)

(A copy of the City Manager's memorandum dated 9/16/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Peter G. Haeussler, 8100 Professional Place, Landover, MD, architect representing the Virginia Theological Seminary, spoke in support of this item.

Councilman Speck stated that there are going to be more requests over the years for exceptions from undergrounding requirements. It is certainly clear that the City intends wherever possible to try to have the landowner absorb the costs of undergrounding. He wanted to be very careful in how he said this as he did not want to appear in anyway extorting from the landowners in return to granting variances. He questioned whether it is possible in those instances where we are making an exception for legitimate reasons, whether it is not possible for the landowner to make a contribution to the City for its overall expenses that its absorbing for undergrounding in those instances where the costs cannot be the assigned to the landowner.

Mr. O'Kane, Director of Transportation and Environmental Services, indicated that he was sure that they could negotiate with the property owners, but he would like to talk with the City Attorney about what his authority would be in doing this.

The Mayor stated that the standards are very good, but she would not want to be boxed into a bureaucratic work relation from which we cannot exercise discretion and common sense. Since it is relatively new, we need to work it a little bit longer before coming up with those standards.

Councilman Jackson stated that we are seeing the economic implications from undergrounding wires and the emergence of a public health issue relating to electromagnetic fields. He stated that we are looking very carefully at every request for an exception and these truly will be the exception and not the rule.

Members of City Council, Mr. O'Kane, Director of Transportation and Environmental Services, and the City Manager participated in the discussion of this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council approved an overhead utility variance at the Virginia Theological Seminary-Academic Building, located at 3737 Seminary Road, due to space limitations. The voting was as follows:

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

5. Public Hearing and Consideration of a Request for an Overhead Utilities Variance at 3023 King Street. (#22 10/8/91)

(A copy of the City Manager's memorandum dated 10/10/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Stephen A. Vastagh, 3023 King Street, applicant, spoke in support of this request.

Councilman Speck suggested that rather than simply granting the variance or imposing a requirement on the homeowner, whether there could be consideration for a letter of credit that would be provided by the homeowner for some period of time, so that in the instance for that area either the public health issue was clearly resolved one way or another, or when the adjacent homeowners for whatever reasons were required or chose to underground, that we have the means to go back to the homeowner and have the undergrounding paid.

The Mayor stated that this could be part of the general discussion that Council gets back on the other issues on this.

Members of City Council and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion on this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-1, City Council approved an overhead utility variance at 3023 King Street. The voting was as follows:

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

The Mayor announced that Docket Item No. 13 would be heard after lunch and Docket Item No. 14 will not be discussed today.

6 . Public Hearing and Consideration of a request for Installation of Parking Meters on Both Sides of Diagonal Road Adjacent to the King Street METRO Station. (#17 9/24/91)

(A copy of the City Manager's memorandum dated 10/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Michael Kidwell, 7742 Boyd Court, Springfield, VA, representing Joe Theismann's Restaurant, spoke against this item.

Members of City Council and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion of this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the installation of twenty-seven, two-hour parking meters on Diagonal Road, from Duke Street to the entrance of Joe Theismann's Restaurant with metered parking restricted to two hours from 9:00 a.m. to 5:00 p.m., Monday through Saturday. The Traffic and Parking Board recommends approval of the meter installation. The voting was as follows:

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

7. Public Hearing and Consideration of a Request for Installation of a Parking Lane on the North Side of the 1400 Block of Duke Street. (#18 9/24/91)

(A copy of the City Manager's memorandum dated 10/8/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/12/91, and is incorporated herewith as part of this record by reference.

Copies of communications received are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 7; 10/12/91, and are incorporated herewith as part of this record by reference.)

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

H. Alan Young, 510 King Street, Suite 416, attorney representing most of the residents and businesses on the north side of the 1400 block of Duke Street, spoke in support of this item;

David L. Charney, 414 N. Union Street and 1442, 1444 Duke Street, spoke against this item; and

Diane F. Charney, 414 N. Union Street and 1442, 1444 Duke Street, representing herself and Roundhouse Square Owners Association, spoke against this item.

Members of City Council and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion of this item.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the request for installation of a parking lane on the north side of the 1400 block of Duke Street. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
8. SUPs #2324, #2325, #2334, #2347 - Public Hearing and Consideration of a request by KSC Associates Limited Partnership (King Street MetroPlace, 1721-1827 King Street) by Peter Labovitz, pursuant to Section 7-6-356(a)(1) of the Alexandria City Code, to extend the time of validity of Special Use Permit #2325, (Transitional Special Use Permit), Special Use Permit #2324 (Transportation Management Plan), Special Use Permit #2334 (Hotel Use) and Special Use Permit #2347 (Increase in Signage Size) approved June 16, 1990; applicant KSC Associates Limited Partnership, by Peter Labovitz.

(A copy of the City Manager's memorandum dated 9/27/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Peter C. Labovitz, 510 Wolfe Street, representing KSC Associations Limited Partnership, was available to answer questions.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council extended the time of validity of SUP #2324, SUP #2325, SUP #2334 and SUP #2347 from December 16, 1991 to June 16, 1993. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item Nos. 9 and 10 together.

9. SUP #2495-A - Public Hearing and Consideration of a request for a Transportation Management Plan (TMP) for a proposed 26,400-gross-square-foot office building on the existing Bradlee Shopping Center site and located west of Quaker Lane between King Street and Braddock Road; zoned C-2, Commercial. Applicant: Washington Real Estate Investment Trust, by Sandra T. Hunt. (#7 6/15/91; #55 9/14/91.)

COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated 6/4/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of the Traffic Impact Study is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 10/12/91, and is incorporated herewith as part of ,this record by reference.)

10. SITE PLAN #87-051-B - Public Hearing and Consideration of an Appeal of the Decision of the Planning Commission on Site Plan #87-051-B, BRADLEE SHOPPING CENTER OFFICE BUILDING. The applicant proposes to construct a four- (4) story office building having 26,400 square feet of gross floor area. The property is located on the south side of King Street, west of North Quaker Lane and has frontage on West Braddock Road. The site plan area contains 10.59 acres; zoned C-2, Commercial. Applicant: Washington Real Estate Investment Trust, by Sandra T. Hunt. (#8 6/15/91; #56 9/14/91)

COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated 9/3/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated 9/4/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated 10/10/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of the North Ridge Citizens' Association letter dated 6/12/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 10; 10/12/91, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the discussion on these items:

Ken Labowitz, 510 King Street, Suite 716, representing Washington Real Estate Investment Trust, requested a deferral of the items in light of the City Attorney's memorandum dated October 10, 1991; and

Richard R. G. Hobson, 99 N. Quaker Lane, was in opposition to these items; however, he stated that the applicant is entitled to appeal and if he wants to defer it they have no objection. They would like to have the courtesy of notification from the applicant when this comes forward.

Members of City Council participated in the discussion on this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously by all those present, City Council deferred item nos. 9 and 10. The voting was as follows:

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

11. SUP #2525 - Public Hearing and Consideration of a request for a Special Use Permit to construct a single-family detached dwelling on a substandard lot located at 608 Ramsey Street; zoned R-2-5, Residential. Applicant: Coe Eldredge and Edwin Poston, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Denial 4-2

(A copy of the Planning Commission report dated 10/l/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter of compromise dated 10/11/91, from Duncan W. Blair, attorney for applicant, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/12/91, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 510 King Street, attorney representing Coe Eldredge and Edwin Poston, spoke in support of the application. He stated that he has met with Mr. Patrick and the neighbors indicating that the issues regarding to the size and height of the house have been resolved as indicated in his letter of October 11, 1991.

John Patrick, 13A East Oak Street, representing the Rosemont Citizens Association and the neighbors on Ramsey Street, indicated they were in agreement with the modification of the developer with a .34 FAR and 25-foot maximum height.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Jackson and carried unanimously by all those present, City Council approved the request, subject to compliance with all applicable codes and ordinances, and subject to the compromise stated in Mr. Blair's letter dated October 11, 1991, that the FAR for the proposed single-family dwelling will not exceed .34 and the height will not exceed 25 feet. The drawings and representations in this letter should be considered part of the application. The voting was as follows:

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

12. SUP #2503 - Public Hearing and Consideration of a request for Special Use Permit to amend the hours of operation of the existing convenience store located at 3023 Duke Street; zoned C-2, Commercial. Applicant: The Southland Corporation, by Michael R. Vanderpool, attorney. (#3 9/14/91)

COMMISSION ACTION: Recommend Denial 5-2

(A copy of the Planning Commission report dated 9/3./91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 23, 1991, to the Mayor from Mr. Peaks, is on file in the office of City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 23, 1991, to Mr. Page from Mr. Peaks, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a petition in opposition to this item dated September 1991, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No.4 of Item No. 12; 10/12/91, and is incorporated herewith as part of this record by reference.)

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

Michael R. Vanderpool, 9250 Mosby Street, Manassas, attorney representing The Southland Corporation, spoke in support of this item;

Jim Page, 126 Cambridge Road, representing himself and residents of Cambridge Road/Cameron Heights, stated that he was satisfied with the letter which he received from Mr. Peaks and requested that the special use permit be reviewed in six months;

Rod Kuckro, 209 E. Alexandria Avenue, spoke against the sale of single beers; and

Otis Peaks, 8436 Frye Road, representing The Southland Corporation, spoke in favor of this item and indicated he would stand by what he has said in his letter to Mr. Page.

Members of City Council participated in the discussion of this item and asked questions of Mr. Page and Mr. Peaks.)

WHEREUPON, a motion was made by Councilman Speck and seconded by Councilwoman Pepper that City Council approve the request subject to compliance with all applicable codes and ordinances and staff recommendations, with Condition #9 to read "that no fortified wine or wine in quantities below .5 liters be sold" and amended Condition #10 to read "that the Special Use Permit be reviewed in six months."

THEREUPON, Councilman Donley made a motion to amend the current motion that Condition #9 be restored and that it be reviewed in six months, which motion was seconded by Council Member Rich and FAILED on a vote of 3 "ayes" to 3 "noes". The voting was as follows:

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

WHEREUPON, Council returned to the original motion made by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 5-to-1, City Council approved the request subject to compliance with all applicable codes and ordinances and staff recommendations, with Condition #9 to read "that no fortified wine or wine in quantities below .5 liters be sold" and amended Condition #10 to read "that the Special Use Permit be reviewed in six months." The voting was as follows:

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

(Councilman Donley stated for the record that Condition #9 will also be included in the six-month review and he told Mr. Page he would be very interested in the citizen comments regarding condition #9 and whether that they feel it adequately protects the neighborhood.)

14. SUP #2531 - Public Hearing and Consideration of a request for a Special Use Permit to operate a storage lot for rental cars located at 3705 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Alamo Rent-A-Car, by Philip S. Shailer.

COMMISSION ACTION: Recommend Denial 5-1

(A copy of the Planning Commission report dated October 1, 1991, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter dated 10/11/91, from Mr. Middleton, attorney, requesting a deferral is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/12/91, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council deferred this item to Saturday, November 16, 1991. The voting was as follows:

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

15. SUP #1351-F - Public Hearing and Consideration of a review of a Special Use Permit for the existing automobile sales business located at 5125 Duke Street; zoned C-2, Commercial. Applicant: Rosenthal-Hayman, t/a Landmark Honda, by Michael Charapp, attorney.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated 10/l/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Michael Charapp, 1550 Wilson Boulevard, #700, Arlington, attorney representing the applicant, spoke in support of the application and against Condition #18 as amended by the Planning Commission. He indicated that he will write to adjacent condominium associations to offer to have regular meetings at their request so that anytime anything comes up he is available and they can get together to talk about any problems. He also will a letter to the carrier.

Mayor Ticer requested the staff to send the adjacent condominium associations a copy of the current special use permit and remind them to police the effectiveness of the requirements and request them to notify the staff if they think there is a special visitation that is needed. She requested Mr. Charapp to send the staff a copy of his letters that he sends to the condominium associations and the letter that he sends to the carrier.

Councilwoman Pepper asked questions of Mr. Moore, Zoning Administrator, and Mr. Lynn, Director of Planning and Community Development.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #18 by the Planning Commission. The voting was as follows:

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

16. SUP #2435-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing automobile glass repair business located at 615 South Pickett Street, Unit F, Van Dorn Station Shopping Center; zoned I-1, Industrial. Applicant: Metro Windshield Repair Service Inc., by Linda L. Clark.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Tom Clark, 815F S. Pickett Street, representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, city Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

17. SUP #2000-B - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and hours of operation of the existing restaurant located at 907 King Street; zoned C-3, Commercial. Applicant: Lek's Family Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated October 1, 1991, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, was available to answer questions.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

18. SUP #2169-A - Public Hearing and Consideration of a request for a Special Use Permit to amend the conditions concerning property access for the existing carwash facility located at 1016-1020 North Henry Street; zoned I-2, Industrial. Applicant: Richard Hetherington, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, stated that just prior to this discussion, Mr. O'Kane, himself, and Mr. Hetherington, the owner of the carwash, met.

Mr. Calley stated that the note that states that the Director of Transportation and Environmental Services is strongly opposed to this request is no longer quite applicable. Mr. Calley stated that what was basically agreed on was that the northern most driveway would be open; there would be a one-year review (that's the recommendation of the Planning Commission); however, it was agreed that if at anytime Mr. Hetherington or the operators of the carwash would see a back-up on North Henry Street, they would close the driveway so that the people would have to come around to the back line on Fayette Street, and further, that if anytime during that year period if Mr. O'Kane or any of his people doing an inspection saw a back-up on Henry Street, the driveway would be closed at that point in time. The applicant is in agreement with this.

Councilman Speck and Councilwoman Pepper asked questions of Mr. Calley.)

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Jackson and carried on a vote of 5-to-1, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #9 by the Planning Commission, deleted Conditions #12 and #18 as deleted by the Planning Commission, and included the added Condition #19 by the Planning Commission, together with the above agreement offered by the applicant. The voting was as follows:

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

19. SUP #2452-A - Public Hearing and Consideration of a request for a Special Use Permit to add seating to the existing carry-out restaurant located at 1024 Cameron Street; zoned C-3, Commercial. Applicant: Rasoul Termeh, Behnam Sarparazi.

COMMISSION-ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Rasoul Termeh, applicant, spoke against Condition No. 11.

Councilman Speck asked questions of Mr. Lynn, Director of Planning and Community Development, concerning the Old Town Civic Association's opposition to this request.

Mr. Moore, Zoning Administrator, requested City Council to amend Condition No. 8 to read instead of "68 patrons" it should read "40".)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #11 by the Planning Commission, and amended Condition #8 to read "40" instead of "68" patrons. The voting was as follows:

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

20. SUP #2493-A - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing restaurant to include a banquet hall located at 817 South Washington Street; zoned C-2, Commercial. Applicant: Nile Sara/Que Sara Restaurant, by William Douglas Beims.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/12/91, and is incorporated herewith as part of this record by reference.)

(It was noted by the applicant that on page 3 of the application there is a typographical error under Condition #9. It should read 2:00 a.m.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #9 restaurant hours "12:00 Noon to 2:00 a.m. Daily". The voting was as follows:

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

21. SUP #2527 - Public Hearing and Consideration of a request for a Special Use Permit for a waiver of the parking requirements for the existing apartments located at 612 Notabene Drive; zoned RA, Residential. Applicant: Carpenter's Lodgings Inc., by Carlyle F. H. Williams.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/12/91, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item.

WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #4 by the Planning Commission. The voting was as follows:

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

22. SUP #2528 - Public Hearing and Consideration of a request for a Special Use Permit for a waiver of the parking requirements for the existing apartments located at 607 Notabene Drive; zoned RA, Residential. Applicant: Carpenter's Lodgings Inc., by Carlyle F. H. Williams.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/12/91, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item.

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously by all those present, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #4 by the Planning Commission. The voting was as follows:

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

23. SUP #2529 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 3414 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Bic Patel.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 3; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter from The Winfield Group dated 10/9/1991, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 10/12/91, and is incorporated herewith as part of this record by reference.)

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

Bic Patel, 3414 Mt. Vernon Avenue, applicant, spoke in support of this item and stated that the management company has agreed to everything except the landscaping;

Rod Kuckro, 209 E. Alexandria Avenue, representing Del Ray Citizens Association, spoke in support of the special use permit for Mr. Patel to open his carry-out restaurant. It is a good use for the site and is consistent with the small area plan and the neighborhood can always use a good restaurant. He requested that Council grant them another ten days to try to reach an agreement with The Winfield Group or the owner because they have not come far at all. He would like to work out with the support of City staff which he feels they have, a better understanding from the owner that he will be required as well to pave the lot or at least put a new surface, stripe the parking lot as to code and try to get more of a commitment of regular cleaning of the site. He also would like to discuss landscaping for the site.

Councilwoman Pepper and Councilman Speck made comments on this item.)

It was noted that the public hearing was closed.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council deferred consideration of this item until October 22, 1991. The voting was as follows:

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

WITHOUT OBJECTION, City Council deferred Item Nos. 24 and 25 until after lunch and considered Item No. 26 at this point.

26. SUP #2533 - Public Hearing and Consideration of a request for a Special Use Permit to place an office trailer on the property located at 4320 Seminary Road, the Alexandria Hospital; zoned R-12, Residential. Applicant: Alexandria Hospital, by Stephen V. Fuoco.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; and is incorporated herewith as part of this record by reference.)

(Councilman Speck stated that there is one element of this in terms of long-standing relationships and that is a slight modification in the request to make clear what it is they are doing so that there is no misunderstanding.

Peter Stifel, 5320 Blackistone Road, Bethesda, MD, representing the applicant, stated for the record, that in their meeting with Code Enforcement last week it became apparent that in the SUP they did not include a small ten-foot by four foot canopy which would be built to protect the patients going to and from the hospital. In a meeting with both the Zoning Administrator and Code Enforcement, they have no problems with this but suggested that he make Council aware of this.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #3, #4 and #6 by the Planning Commission and included the modification presented by Peter Stifel. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Item No. 30 at this time.

ORDINANCES AND RESOLUTIONS

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to grant an encroachment into the public sidewalk right-of-way for a planter box located at 417 South Lee Street. (#28 10/8/91)

(Duncan Blair, 510 King Street, attorney representing Susan Rogers, was available to answer questions.

The City Attorney requested that the ordinance be amended in the second WHEREAS and Section 1 by changing "two feet-three inches" to "two feet-four inches.")

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

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

The ordinance finally passed, as amended, reads as follows:

ORDINANCE NO. 3538

AN ORDINANCE authorizing the owner of 417 South Lee Street, and the owner's successors in title, to establish and maintain an encroachment two feet-four inches into the public right-of-way of South Lee Street, in the City of Alexandria, Virginia.

WHEREAS, Susan L. Rogers is the owner of the property located at 417 South Lee Street in the City of Alexandria, Virginia;

WHEREAS, Ms. Rogers desires to establish and maintain a planter box along the front building wall of 417 South Lee Street which will encroach two feet-four inches into the public sidewalk right-of-way of South Lee Street for a length of approximately 17 feet;

WHEREAS, the public right-of-way at that point on South Lee Street will not be significantly impaired by this encroachment;

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Susan L. Rogers and her successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of South Lee Street in the City of Alexandria, said encroachment consisting of a planter box along the front building wall of 417 South Lee Street which will encroach two feet-four inches into the public sidewalk right-of-way of South Lee Street for a length of approximately 17 feet, and will be two feet, six inches high, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization hereby granted to establish and maintain the encroachment shall be subject to and conditioned upon the Owner maintaining a minimum of four feet of pedestrian passage between the face of the planter box and the closest restriction.

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed within 60 days of the date of notification and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within 60 days, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: October 8, 1991
First Reading: October 8,1991
Publication: October 10 & 11, 1991
Public Hearing: October 12,1991
Second Reading: October 12,1991
Final Passage: October 12,1991

WITHOUT OBJECTION, at 12:45 p.m., City Council recessed for lunch and a work session on the Woodrow Wilson Bridge.

Whereupon, at 2:05 p.m., the Meeting was reconvened and the following transpired:

24. SUP #2530 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant for a bakery and coffee bar located at 106 North Lee Street; zoned C-3, Commercial. Applicant: Chuito Farms, by Ronald Vancil.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Mr. Lynn, Director of Planning and Community Development, spoke to the issue of City Council's policy that seems to be (1) that you do not wish to encourage additional drinking establishments in the area east of Washington Street; (2) that you are not looking for major destination restaurants which will increase the traffic impacts on Old Town; and (3) you are not encouraging additional fast food restaurants to come into the City. You need to identify following those guidelines whether you are willing to relax your general guideline of no additional restaurants east of Fairfax Street and few, if any, east of Washington Street.

The Mayor and Members of City Council participated in the discussion of this item and asked questions of Mr. Lynn, Director of Planning and Community Development.

Councilman Speck requested that as soon as possible that Council look at a redefinition of the restaurant issue as it relates to the small area plan east of Washington Street and east of Fairfax Street.

Ronald Vancil, 6520 Hitt Avenue, McLean, VA, representing Chuito Farms, spoke in support of this item and answered questions.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-1, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #4 by the Planning Commission and further amended by City Council to read "7:00 a.m. to 12:00 midnight, Monday through Sunday"; and the added Condition #10 by the Planning Commission. The voting was as follows:

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

25. SUP #2532 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant (tea room) located at 119 South Royal Street; zoned C-3, Commercial. Applicant: Vivien M. Bacon.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter in opposition from Norma W. Dempsey dated 10/11/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 24 and 25; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter in opposition from the Old Town Civic Association dated 10/11/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 10/12/91, and is incorporated herewith as part of this record by reference.)

(Vivien Bacon, 1513 Woodbine Street, applicant, spoke in support of this item and answered questions by the Mayor and Members of City Council.

Mr. Lynn, Director of Planning and Community Development, participated in the discussion.)

WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried on a vote of 4-to-2, City Council approved the Planning Commission recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #8 by the Planning Commission and added a Condition #9 "That the special use permit be reviewed in one (1) year." The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to add motor vehicle towing services and impound lots as permitted uses in the I-1 zone. (#25 10/8/91)

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3539

AN ORDINANCE to amend subsection (b) (USES PERMITTED) of Section 7-6-30 (I-1 INDUSTRIAL/PLANNED UNIT DEVELOPMENT ZONE), 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 subsubsection (7), permitting in the I-1 zone vehicle towing services and associated impound lots with a special use permit.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (b) of Section 7-6-30 of The Code of the City of Alexandria, Virginia, 1981, be, and same hereby is, amended by adding thereto a new subsubsection (7) to read as follows:

(b) Uses permitted. The following uses only shall be permitted in the I-1 industrial/planned unit development zone, subject to the issuance of special use permits as specified in article R of this chapter, unless exempted therefrom pursuant to section 7-6-321 or section 7-6-351 of this code:

(7) Vehicle towing service and associated impound lot permitted only with approval of a special use permit as specified in sections 7-6-191 to 7-6-195 of this code.

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

Introduction: October 8, 1991
First Reading: October 8,1991
Publication: October 10 & 11, 1991
Public Hearing: October 12,1991
Second Reading: October 12,1991
Final Passage: October 12,1991

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE establishing additional standards to be considered by the Board of Architectural Review when reviewing certificates of appropriateness applications involving (i) lots fronting on either side of North Washington Street from the centerline of Oronoco Street to the centerline of Montgomery Street, and (ii) lots fronting on the east side of North Washington Street from the centerline of Montgomery Street to the south property line of Daingerfield Island. (Mayor Ticer) (#26 10/8/91)

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3540

AN ORDINANCE to amend Section 7-6-229 (MATTERS TO BE CONSIDERED IN PASSING UPON APPROPRIATENESS OF ERECTION, RECONSTRUCTION, ALTERATION OR RESTORATION OF BUILDINGS OR STRUCTURES IN THE OLD AND HISTORIC ALEXANDRIA DISTRICT) of 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 subsection (c), establishing additional standards for the North Washington Street corridor.

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

1. The further proliferation of monolithic buildings along Washington Street is incompatible with the character of the George Washington Memorial Parkway.

2. Development and redevelopment along Washington Street should reflect the traditional commercial or residential architectural scale and design common to the city's historic district.

3. Based upon the foregoing findings and all other facts and circumstances of which the city council may properly take notice in its capacity as a legislative body of the City of Alexandria, 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:

Section 1. That Section 7-6-229 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (c) to read as follows:

(c)(1) In addition to the standards set forth in subsection (b), the following standards shall apply to the construction of new buildings and structures and to the construction of additions to buildings or structures on lots fronting on both sides of North Washington Street from the centerline of Oronoco Street to the centerline of Montgomery Street and lots fronting on the east side of North Washington Street from the centerline of Montgomery Street to the south property line of Daingerfield Island.

(a) Construction shall be compatible with and similar to the traditional building character, particularly including mass, scale, design and style, found within the historic district on commercial or residential buildings of historic architectural merit.

(b) Facades of a building generally shall express the 20- to 40-foot bay width typically found on early 19th century commercial buildings characteristic of the historic districts or the 15- to 20-foot bay width typically found on town houses characteristic of the historic district. Techniques to express such typical bay width shall include changes in material, articulation of the wall surfaces, changes in fenestration patterns, varying roof heights, and physical breaks, vertical as well as horizontal, within the massing.

(c) Building materials characteristic of buildings having historic architectural merit within the district shall be utilized. The texture, tone and color of such materials shall display a level of variety, quality and richness at least equal to that found abundantly in the historic setting.

(d) Construction shall reflect the traditional fenestration patterns found within the historic district. Traditional solid-void relationships exhibited within the district's streetscapes (i.e., ratio of window and door openings to solid wall) shall be used in building facades which are visible from Washington Street.

(e) Construction shall display a level of ornamentation, detail and use of quality materials consistent with buildings having historic architectural merit found within the district. In replicative building construction (i.e., masonry bearing wall by a veneer system), the proper thicknesses of materials shall be expressed particularly through the use of sufficient reveals around wall openings.

(2) No fewer than 45 days prior to filing an application for a certificate of appropriateness, an applicant who proposes construction which is subject to this subsection, shall meet with the director of planning and community development to discuss the application of these standards to the proposed development; provided, that this requirement for a preapplication conference shall apply only to the construction of 25,000 or more square feet of gross building area, including but not limited to the area in any above-ground parking structure.

(3) No application for a certificate of appropriateness which is subject to this subsection shall be approved by the Old and Historic Alexandria District panel, unless the panel makes a written finding that the proposed construction complies with the standards in subsubsection (1).

(4) The director of planning and community development may appeal to city council a decision of the Old and Historic Alexandria District panel granting or denying an application for a certificate of appropriateness subject to this subsection, which right of appeal shall be in addition to any other appeal provided by law.

(5) The standards set out in subsubsection (1) shall also apply in any proceedings before any other governmental or advisory board, commission or agency of the city relating to the use, development or redevelopment of land, buildings or structures within the area subject to this subsection.

(6) To the extent that any other provisions of this code are inconsistent with the provisions of this subsection, the provisions of this subsection shall be controlling.

(7) The director of planning and community development shall adopt regulations and guidelines pertaining to the submission, review and approval or disapproval of applications subject to this subsection.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for a certificate of appropriateness which are pending on such date before the Board of Architectural Review, city council on appeal or the Alexandria Circuit Court, and to all applications for a certificate of appropriateness, including renewal or extension applications, which may be filed after such date.

Introduction: October 8, 1991
First Reading: October 8,1991
Publication: October 10 & 11, 1991
Public Hearing: October 12,1991
Second Reading: October 12,1991
Final Passage: October 12,1991

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to grant an encroachment into the public right-of-way for an awning located at 112 South Washington Street. (#27 10/8/91)

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3541

AN ORDINANCE authorizing the owner of 112 South Washington Street to establish and maintain an encroachment into the public right-of-way of 112 South Washington Street, in the City of Alexandria, Virginia.

WHEREAS, Edward Alfriend IV is the owner of the property located at 112 South Washington Street in the City of Alexandria, Virginia;

WHEREAS, Edward Alfriend IV, desires to establish and maintain an awning which will encroach into the public right-of-way at 112 South Washington Street;

WHEREAS, the public right-of-way at that point on 112 South Washington Street will not be significantly impaired by this encroachment;

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Edward Alfriend IV (hereafter the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 112 South Washington Street in the City of Alexandria, said encroachment consisting of an awning projecting approximately three feet in width over the public sidewalk at 112 South Washington Street and extending six feet in length, and erected to a height of approximately seven feet-six inches above the sidewalk, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the conditions that a minimum vertical clearance of seven feet between the lowest point of the awning and the sidewalk be maintained, and that the awning have a cantilevered frame design and be covered by blue canvas.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as f ollows:

$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: October 8, 1991
First Reading: October 8,1991
Publication: October 10 & 11, 1991
Public Hearing: October 12,1991
Second Reading: October 12,1991
Final Passage: October 12,1991

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 31 - 35
31. SUP #2413-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing non-conforming restaurant located at 1225 Powhatan Street, known as the "Dixie Pig"; zoned RB, Residential. Applicant: Dixie Pig Restaurant, by Beth M. Coyne, attorney.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

32. TEXT AMENDMENT #91-08 - Public Hearinq and Consideration of possible amendments to Title 7, Chapter 6, Article K, Section 206 of the Code of the City of Alexandria, Virginia "Board of Zoning Appeals--One Year Period Within Which to Comply with Decisions", the nature of which would be to add a regulation to have the time period for validity of Board of Zoning Appeals actions coincide with the time of validity for site plan approvals. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Deferral for Study 6-0

33. TEXT AMENDMENT #91-09 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6, Section 7-6-110 of the Code of the City of Alexandria, Virginia, "Regulation of Non-conforming Buildings or Structures in Residential Zones", the nature of which would be to change the criteria for granting special use permits to continue non-conforming uses in residential zones beyond December 28, 1991. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Withdrawn by Staff Prior to Hearing

34. SUP #1787-B - Public Hearing and Consideration of a request for Special Use Permit to expand the existing rental vehicle storage facility located at the rear of 825 Slater's Lane; zoned I-2, Industrial. Applicant: Avis Rent-A-Car System Inc., by David W. Buckley, attorney.

COMMISSION ACTION: Deferred by Staff Prior to Hearing

35. SUP #2523 - Public Hearing and Consideration of a request for a Special Use Permit to operate a recycling facility located at 621, 631 and 641 South Pickett Street; zoned I-1, Industrial. Applicant: Environmental Recycling Inc., by Michael A. Poland.

END OF CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 4-to-0, City Council noted the deferrals and the withdrawal. The voting was as follows:

Donley "aye" Cleveland absent

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission
13. SUP #2526 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant and amusement facility (billiard hall) located at 516 South Van Dorn Street, Units B-F, Van Dorn Station Shopping Center; zoned I-1 Industrial. Applicant: Cafe Billiards Inc., by Louis Bonfiglio.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 10/1/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of attachments to this Special Use Permit is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 13; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated 10/9/91, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 13; 10/12/91, and is incorporated herewith as part of this record by reference.

A copy of a letter from the applicant is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 13; 10/12/91, and is incorporated herewith as part of this record by reference.

Copies of letters in opposition to this special use permit are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item No. 13; 10/12/91, and are incorporated herewith as part of this record by reference.)

(The following persons spoke in opposition to this item:

Peter Kostopulos, 6301 Stevenson Avenue, representing the Olympus Condominium Association;

James W. Cisco, 205 Yoakum Parkway, #207, representing the Watergate at Landmark Condominium Association;

Janet R. Priddy, 6301 Stevenson Avenue, #604, resident of the Olympus Condominium;

Mel Johnsrud, 6101 Edsall Road, #907-9, representing the Alexandria Knolls West Condominium Homes Association;

Ursula H. Pearson, 203 Yoakum Parkway, president of Watergate at Landmark Condominium Association; and

James Marx, 4709 Surry Place, representing the Holmes Run Committee and the Brookville-Seminary Valley Civic Association.

Sonny Bonfiglio, 6324 Higham Drive, representing the applicant, spoke in favor of this Special Use Permit.

Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion of this item.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously by all those present, City Council denied the Special Use Permit. The voting was as follows:

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, at 3:45 p.m., the Public Hearing Meeting of Saturday, October 12, 1991, was adjourned. The voting was as follows:

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

APPROVED BY:

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PATRICIA S. TICER MAYOR

ATTEST:

____________________________
Beverly I. Jett, CMC City Clerk

This docket is subject to change.

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

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

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