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Public Hearing Meeting
Saturday, February 22, 1992 - - 9:30 am


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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant 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. Gitajn, Director of Financial and Information Services; Mr. Platky, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Fire Chief Beam; Mr. Crabill, Division Chief, Planning and Community Development; Mr. Leiberg, Urban Planner II, Planning and Community Development; and Sergeant Clancey, Police Department.

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

OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(a) John Chapman Gager, representing Friends of Homeless Animals and Old Town Yacht Basin Associates, spoke during this period.

(b) Sarah Becker, 1200 Princess Street, President of Inner City Civic Association, spoke regarding the Uptown Deli and the ABC Board's decision at the hearing held on December 23, 1991. The applicant has appealed to the ABC Board in Richmond which has been granted. A continuance has been granted to April 14, 1992. The Inner City Civic Association is scheduled to go to Richmond to defend its position on April 14.

(c) The following speakers spoke against granting the Site Plan Appeal under Docket Item No. 4:
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Board of Architectural Review
3. CASE BAR-91-216 - Public Hearing and Consideration of an Appeal from a Decision of the Board of Architectural Review, Old and Historic District Panel, on November 20, 1991, Denying a Certificate of Appropriateness for Approval of a Two-story Addition to be Constructed at 201 South Lee Street, Daniel P. Burke, agent, by Bernard M. Fagelson, attorney. (#10 12/14/91)

NOTE: THE ATTORNEY FOR THE APPLICANT HAS REQUESTED THAT THIS ITEM BE WITHDRAWN. THIS APPEAL WAS LEGALLY FILED WITH THE CITY CLERK. IT MUST BE OFFICIALLY DISMISSED BY CITY COUNCIL.

(A copy of the letter dated 1/30/92, withdrawing this appeal, together with staff report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 3; 2/22/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, City Council noted the withdrawal of this item. The voting was as follows:

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







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Planning Commission

4. SITE PLAN #91-012 - Consideration of an Appeal of the Decision of the Planning Commission on Site Plan #91-012 for a request to construct a two-building church/office facility with a total gross floor area of 6,480 square feet located at 1503-1505 Mount Vernon Avenue containing 10,704 square feet; zoned C-2 Commercial. Applicant C. S. Taylor Burke, III. (#10 1/25/92) (The public hearing was closed on January 25, 1992.)

COMMISSION ACTION: Recommend Denial 3-2

(A copy of the Planning staff report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/22/92, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated 1/23/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 2/22/92, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated 2/13/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 4; 2/22/92, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 4; 2/22/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Vice Mayor Cleveland, seconded by Council Member Rich, that City Council uphold the applicant's application for this and deny the Planning Commission recommendation.

THEREUPON, a motion was made by Council Member Rich that the occupancy be limited to seventy-five; which motion FAILED for lack of a second.



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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-1, City Council amended the main motion that the seating capacity be limited to 75. The voting was as follows:

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

It was the consensus of Council that there be landscaping in front of the church with a 42" high brick wall with brick planters on each side which is to be left to negotiation with staff that it would be satisfactory to all requirements with some input from the Del Ray Citizens Association.

It was the consensus of Council that there be an all masonry wall 6' high along the back of the property with the concerns for noise.

WHEREUPON, a substitute motion was made by Councilman Speck to deny the appeal; which motion FAILED for lack of a second.

THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council amended the main motion that the Bank will give the Church and its successors a legally enforceable document of some sort that will allow the Church or its successors in interest to use the Bank property for 10 parking spaces on Wednesday night at 6:00 p.m., on Friday night at 7:00 p.m. and on Sunday. The voting was as follows:

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

It was the consensus of Council that there be brick pavement in front of the building and to the side of the church.

It was the consensus of Council that signage meet the City's standards and has a little input from the related associations, such as, Del Ray Citizens and the Trade Association.

It was the consensus of Council to require that cross easements be provided to provide sufficient parking required under the Code at the time of subdivision of the property.

WHEREUPON, a motion was made by Council Member Rich that if the membership of the Church goes beyond 75 that the Bank then would be required to go to the Board of Zoning Appeals to get a parking variance; which motion FAILED for lack of a second.

THEREUPON, a motion was made by Council Member Rich and seconded by Councilman Speck that there be an occupancy limit of 100 people; which motion FAILED on a vote of 2 "ayes" to 5 "noes". The voting was as follows:

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

Councilwoman Pepper and Councilman Jackson asked staff to come back to Council with a new notification policy that incorporates some of the concepts that were heard where there might be greater notification than just the adjacent neighbors.



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Councilwoman Pepper asked the appropriate department to look at the intersection and the general area to see if there are ways to do something about improving the safety.

Councilman Donley would like staff to undertake an assessment of whether the parking requirement for churches is, in fact, adequate and to have staff evaluate the City's policy of one space per five seats and report back to Council either for a text amendment to the present zoning code or incorporation into the new zoning code once adopted.

WHEREUPON, Council returned to the main motion, as amended, made by Vice Mayor Cleveland, seconded by Council Member Rich and carried unanimously, City Council upheld the applicant's application for this and denied the Planning Commission recommendation and added the following conditions: (10) that the seating capacity be limited to 75; (11) that there be landscaping in front of the church with a 42" high brick wall with brick planters on each side which is to be left to negotiation with staff that it would be satisfactory to all requirements with some input from the Del Ray Citizens Association; (12) that there be an all masonry wall 6' high along the back of the property with the concerns for noise; (13) that the Bank will give the Church and its successors a legally enforceable document of some sort that will allow the Church or its successors in interest to use the Bank property for 10 parking spaces on Wednesday night at 6:00 p.m., on Friday night at 7:00 p.m. and on Sunday; (14) brick pavement in front of the building and to the side of the church; (15) signage which meets the City's standards and has a little input from the related associations, such as, Del Ray Citizens and the Trade Association; and (16) require that cross easements be provided to provide sufficient parking required under the Code at the time of subdivision of the property. The voting was as follows:

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

New Business Item No. 1: The City Manager announced that Standard & Poor's, one of the nation's two leading municipal bond rating agencies, announced Friday that it has upgraded the City's bond rating to Triple-A (AAA) in connection with the City's forthcoming sale of $23.3 million in refunding bonds. She commended Council and the City's staff, namely, Mr. Platky, Mr. Neckel and Mr. Gitajn for their excellent work.

(A copy of the press release dated 2/22/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of New Business Item No. 1; 2/22/92, and is incorporated herewith as part of this record by reference.)







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5. SUP #1778-D - Public Hearing and Consideration of a review of the Special Use Permit for the existing automobile repair garage located at 311 North Henry Street; zoned I-1, Industrial. Applicant: Emanuel Maniatis.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/22/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #13. The voting was as follows:

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

6. TEXT AMENDMENT #92-03 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6, Article I, Section 7-6-173(e) of the Code of the City of Alexandria, Virginia, the nature of which would be to change the requirement that all awnings and marquees be authorized only with approval of an encroachment ordinance. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/22/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded simultaneously by Councilwoman Pepper and Councilman Donley and carried on a vote of 6-to-0-to-1, City Council approved the proposed text amendment. City Attorney to prepare the appropriate ordinance. The voting was as follows:

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







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7. TEXT AMENDMENT #92-04 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 6 of the Code of the City of Alexandria, Virginia, the nature of which would be to amend and expand the definitions of parking areas and parking lots and where these uses are permitted. Staff: Planning and Community Development, Special Projects Division.

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/22/92, and is incorporated herewith as part of this record by reference.

A copy of a letter dated 2/21/92, from Colonial Parking, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 2/22/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the proposed text amendment. City Attorney to prepare the appropriate ordinance. The voting was as follows:

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

8. SUP #2431-C - Public Hearing and Consideration of a request for a Special Use Permit to amend the hours of operation of the existing restaurant located at 1603 Commonwealth Avenue, known as the "Del Ray Cafe"; zoned C-1, Commercial. Applicant: Bruce Betzel, t/a Del Ray Cafe Inc.

COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/22/92, and is incorporated herewith as part of this record by reference.

Copies of communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 8; 2/22/92, and is incorporated herewith as part of this record by reference.

A copy of a petition containing 833 signatures in support of extending the hours of operation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 8; 2/22/92, and is incorporated herewith as part of this record by reference.)
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Jon Christenson, 1608 Commonwealth Avenue, spoke against;

Janice Mahoney, 49 Ancell Street, spoke in support;

Mark Horowitz, 103 W. Monroe Avenue, spoke against; William Henry Savage, 1812 Commonwealth Avenue, spoke in support;

Susan Loomis, 8 E. Mason Avenue, spoke against;

Dick Stirba, 4 E. Mason Avenue, favored a limit on closing hours;

Peter E. Smirniotopoulos, 2411 Terrett Avenue, spoke in support;

Bob Dempsey, 214 Prince Street, spoke against as it may be precedent setting for Old Town;

Rod Kuckro, 209 E. Alexandria Avenue, representing Del Ray Citizens Association, spoke to his letter dated February 22, 1992, conveying the Association's position; a copy of which is part of Exhibit No. 2 for this item;

Marie L. Connolly, 1608 Commonwealth Avenue, spoke against; and

Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke against. General Discussion. The Members of City Council, Mr. Betzel, Mr. Lynn, Director of Planning and Community Development, and Mr. Pessoa, Assistant City Attorney, participated in considerable discussion of this item.

Councilman Speck asked staff to come back to give Council some thoughts about the definition of hours of operation as that may very well have an impact on this restaurant and others.

Councilwoman Pepper requested a report from staff that would give Council a little more representation of the number of restaurants that are open and their hours of operation and what we are doing elsewhere.)







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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried unanimously, City Council denied the application for extended hours, but that condition #16 "that the dumpster be enclosed to the satisfaction of the Director of Planning and Community Development" be added to the conditions of the SUP; expanded the hours to allow serving of breakfast; made a technical refinement to the motion that the old condition #4 (SUP #2431-B) has been eliminated and replaced by condition #15 to read "to allow for operating hours between 7 a.m. and 10 p.m. on weekdays (Sunday through Thursday) and opening at 6 a.m. to 11:30 p.m. on Friday and Saturday"; amended condition #14 to read "that the amended special use permit be reviewed in 7 months from date of City Council approval"; and added a condition #17 to read "Saturday and Sunday, no alcoholic beverages served before 9:30 a.m., and Monday through Friday, no alcoholic beverages served before 11:00 a.m."; modified condition #6 "that trash and garbage be collected daily between the hours of 8:00 a.m. and 5:00 p.m."; and added a condition #18 to read "that all employees park in the parking lot". The voting was as follows:

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

Whereupon, at 2:00 p.m., City Council recessed for lunch.

Thereupon, at 3:00 p.m., the meeting was reconvened and the following transpired:

9. SUP #2549 - Public Hearing and Consideration of a request for a Special Use Permit to operate a convenience store located at 300 Yoakum Parkway, within the Cascade at Landmark Condominium; zoned RC, Residential. Applicant: Phillip A. Abri.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/22/92, and is incorporated herewith as part of this record by reference.)

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

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







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WITHOUT OBJECTION, City Council considered Docket Item Nos. 10, 11, and 12 together.

10. SUP #2552 - Public Hearing and Consideration of a request for a Transportation Management Plan (TMP) Special Use Permit for a 115,660-square-foot general retail and tire installation facility with 614 surface parking spaces on the property located at 101 South Van Dorn Street. The property includes all of Lot 06-01, Block 06, Assessment Map 47.00, is zoned C-2 and C-2-B, Commercial, contains 418,176 square feet (9.6 acres), and is vacant. Applicant: BJ's Wholesale Club, a wholly-owned subsidiary of WABAN Inc., by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/22/92, and is incorporated herewith as part of this record by reference.)

11. SUP #2553 - Public Hearing and Consideration of a request for a Transition Special Use Permit for a 115,660-square-foot general retail and tire installation facility with 614 surface parking spaces on the property located at 101 South Van Dorn Street. The property includes all of Lot 06-01, Block 06, Assessment Map 47.00, is zoned C-2 and C-2-B, Commercial, contains 418,176 square feet (9.6 acres), and is vacant. Applicant: BJ's Wholesale Club, a wholly-owned subsidiary of WABAN Inc., by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/22/92, and is incorporated herewith as part of this record by reference.)

12. SUP #2554 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile tire installation facility in conjunction with a retail business located at 101 South Van Dorn Street; zoned C-2 and C-2-B, Commercial. Applicant: WABAN Inc., by Carson Lee Fifer, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/22/92, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved Docket Item Nos. 10, 11, and 12. The recommendations are as follows:

11. City Council approved the Special Use Permit, subject to all codes, ordinances and staff recommendations and the amendments made by the Planning Commission.

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

The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item Nos. 13 and 14 together.

13. SUP #2555 - Public Hearing and Consideration of a request for a Special Use Permit to operate a home for the elderly located at 4345 Duke Street; zoned RA, Residential. Applicant: Duke Street Baptist Church and Duke Street Development Corporation, by Pasqual DeVito.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/22/92, and is incorporated herewith as part of this record by reference.)

14. SUP #2556 - Public Hearing and Consideration of a request for a Special Use Permit to increase the building height for the proposed home for the elderly building located at 4345 Duke Street; zoned RA, Residential. Applicant: Duke Street Baptist Church and Duke Street Development Corporation, by Pasqual DeVito.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/22/92, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council approved Docket Item Nos. 13 and 14. The recommendations are as follows:

13. City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

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

The voting was as follows:

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

15. SUP #2557 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 815 King Street; zoned C-3, Commercial. Applicant: Division Enterprises Inc., by Hakan Ilhan.

COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/22/92, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

16. SUP #2558 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 4568-4570 Eisenhower Avenue; zoned I-1, Industrial. Applicant: Alexandria Diamond Cab, by Robert R. Hoar.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/22/92, and is incorporated herewith as part of this record by reference.)





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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0-to-1, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #10. The voting was as follows:

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

17. SUP #2559 - Public Hearing and Consideration of a request for a Special Use Permit to operate a private surface parking lot located at 120 South Peyton Street; zoned C-3, Commercial. Applicant: MODA Inc., by John W. Yaglenski, president.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/22/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #4. The voting was as follows:

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

18. VACATION #92-001 - Public Hearing and Consideration of a request for vacation of public right-of-way sidewalk and utility easements for the property located at 701 South Pitt Street; zoned RM, Residential. Applicant: Jerauld R. and Anne Gentry, by Duncan W. Blair, attorney; and appointment of Viewers for same.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated 2/4/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 2/22/92, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2; authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Ruby Fitzgerald, Chair, Amoret Bunn and James K. Ryan as Viewers. The voting was as follows:

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

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ORDINANCES AND RESOLUTIONS

19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to require that special use permit conditions be displayed on the property that is subject to the permit. (#20 2/11/92)

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

It was noted that Mayor Ticer relinquished the bench to Vice Mayor Cleveland in order to second the following motion:

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

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

It was noted for the record that Councilman Donley voted in the affirmative on this ordinance.

The ordinance finally passed reads as follows:
ORDINANCE NO. 3559

AN ORDINANCE to amend Article J (SPECIAL USE PERMITS), 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 Section 7-6-194A (DISPLAY OF CERTIFICATE).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article J, Chapter 6, Title 7 of The Code of the City of Alexandria, Virginia, 1981, as amended, be amended by adding thereto a new section 7-6-194A to read as follows:

Sec. 7-6-194A Display of certificate.

(a) The owner or occupant of any property for which a special use permit has been approved shall appropriately locate and display in a conspicuous and publicly accessible place a copy of the special use permit certificate provided by the city. Such certificate shall inform the public of its right to examine the list of conditions associated with the permit. A copy of the list of conditions associated with the permit shall be kept on the premises and made available for examination by the public upon request.

(b) Unless otherwise provided in the special use permit, the provisions of this section shall apply to special use permits issued under the provisions of sections 7-6-44(h) (residential cluster development) and 7-6-45 (use of substandard lots in certain residential zones) only during the period of construction of the use authorized by such permit. The period of construction shall extend from the first issuance of a grading or building permit until such time as the last final certificate of occupancy required in connection with the use is issued.





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Section 2. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all special use permits theretofore or thereafter approved.
PATRICIA S. TICER
Mayor

Introduction: 2/11/92
First Reading: 2/11/92
Publication: 2/13/92; 2/14/92
Public Hearing: 2/22/92
Second Reading: 2/22/92
Final Passage: 2/22/92

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the zoning code's provisions relating to rooming houses to prohibit, effective June 30, 1992, any rooming house in the city without a special use permit. This prohibition shall extend to both existing and new rooming houses. (#21 2/11/92)

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 unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3560

AN ORDINANCE to amend and reordain subsubsection (3) (ROOMING HOUSES AND BOARDINGHOUSES) of subsection (a) (USES PERMITTED), Section 7-6-17 (RA RESIDENCE ZONE), Article B (USE, AREA, ETC., REGULATIONS GENERALLY), Chapter 6 (ZONING), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 1. That subsubsection (3) of subsection (a), Section 7-6-17 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:

(3) Rooming houses and boardinghouses, permitted only with a special use permit as specified in sections 7-6-191 to 7-6-195 of this code, provided, however, that no special use permit authorizing a rooming house or boardinghouse which is granted after December 12, 1987, shall continue in effect for more than five years; provided, further, that any rooming house or boardinghouse in existence on December 12, 1987, for which a special use permit has not been granted shall be deemed a nonconforming use and shall be discontinued on or before June 30,





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1992, unless it conforms to the requirements of this subsubsection by obtaining a special use permit which authorizes its continuation; provided, further, (i) that no later than May 1, 1992, the owner or operator of any such nonconforming rooming house or boardinghouse may seek from city council an extension of the date by which it must come into conformity with this subsubsection by filing with the director of the department of planning and community development a petition which sets forth in detail the reasons why a fair and reasonable return on the investment in such rooming house or boardinghouse made by the petitioner prior to December 12, 1987, cannot be obtained prior to June 30, 1992; (ii) that council shall conduct a public hearing on any such petition, prior to which the director of the department of planning and community development shall provide notice in accordance with the provisions of article P of this chapter; and (iii) that, following the hearing, council may extend the June 30, 1992, date only if it finds that a strict application of the date will deny the petitioner the opportunity to realize a fair and reasonable return on the investment in the nonconforming rooming house or boardinghouse made by the petitioner prior to December 12, 1987, in which case council shall extend the date to a time which it determines will provide such opportunity to the petitioner.

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

Introduction: 2/11/92
First Reading: 2/11/92
Publication: 2/13/92; 2/14/92
Public Hearing: 2/22/92
Second Reading: 2/22/92
Final Passage: 2/22/92

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued) 21. SUP #1211-A - Public Hearing and Consideration of a request for a Special Use Permit to continue a non-conforming commercial use (office and beauty shop) located at 300 North Fayette Street; zoned RB, Residential. Applicant: Calhoun and Associates/Rufus C. Moore, et ux, by Wilson Thompson.

22. SUP #2494-B - Public Hearing and Consideration of a request for a Special Use Permit to add seating and prepare food on-site at the existing restaurant (banquet hall) located at 222 North Lee Street; zoned I-1, Industrial. Applicant: Dinnertainment Limited, by Ronald C. Trotta.







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23. REZONING #92-01 - Public Hearing and Consideration of a request for a comprehensive change in zone classification from R-8 Residential to I-1 Industrial/PUD, with proffers, for the double-lot property located at 85 South Early Street, containing approximately 45,719 square feet (1.05 acres) of land area. Applicant: Corinne M. Scott, property owner.

24. SUP #0300-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing juvenile detention home located at 200 South Whiting Street; zoned RC, Residential. Applicant: Northern Virginia Juvenile Detention Home, by Joe Parks.

25. SUP #2367-A - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing automobile sales business to include automobile detailing, located at 26 South Dove Street; zoned I-1, Industrial. Applicant: Alexandria Auto Sales, by Kazem Mohaghech.

26. ENCROACHMENT #92-001 - Public Hearing and Consideration of a request for encroachment into the public right-of-way for a fence for the property located at 701 South Pitt Street; zoned RM, Residential. Applicant: Jerauld R. and Anne Gentry, by Duncan W. Blair, attorney.

WITHOUT OBJECTION, City Council noted the dismissal, deferrals and withdrawals.







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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, at 3:18 p.m., the Public Hearing Meeting of Saturday, February 22, 1992, was adjourned. The voting was as follows:

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




ATTEST:


____________________________
Beverly I. Jett, CMC City Clerk


Work Session

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This docket is subject to change.

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