Public Hearing Meeting
Saturday, January 23, 1993 - - 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. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Schott, Director of General Services; Mr. Moore, Zoning Administrator; Mr. McMahon, Deputy Director of General Services; and Lieutenant Crawford, 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) Hilary M. Brandt, 401 N. Saint Asaph Street, representing the Alexandria Chapter of the American Red Cross, announced the First Annual Alexandria Red Cross Winter Jubilee, to be held on Sunday, February 14, 1993, from 7:30 p.m. to 11:00 p.m., at Landmark Shopping Center. Please use the main Duke Street entrance to the Mall. There will dancing, a silent auction, and games. Music will be provided by The Drifters and The Embers. Tickets are $12 and can be purchased by calling 703-549-8300 or TicketMaster.
(b) James Andrews, 605 N. Alfred Street, spoke to the issue of his car which does not have tags, but he pays taxes on. It is on a private lot which he takes care of. He was given a notice to move the car in 15 days. He was told also to put tags, a city sticker and an inspection sticker on it. At the present time, he does not have any use for his car as he cannot drive it and his wife at the moment cannot drive it. He just wanted to see if there was some mistake made to request him to remove his car, get rid of it or to have it towed.
Mayor Ticer suggested that someone on City staff offer Mr. Andrews some assistance.
The City Manager stated that the General Assembly had passed a law last year that as of July 1, 1992, automobiles, even now on private property, have to be licensed. She would be glad to see what staff can do to help Mr. Andrews work through this.
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(c) Naomi Levine, 909 S. Washington Street, spoke during this period.
(d) Elizabeth Leadbetter, 403 E. Del, Ray Avenue, representing the Business Development Committee of the Del Ray Citizens Association, spoke that they are a group of volunteer residents and business leaders and are here to show their commitment and support for Council's commitment for business development in the City. The group is concerned with improving the quality of life through business development in Del Ray.
(e) Beth Anderson, 528 E. Nelson Avenue, representing the Business Development Committee of the Del Ray Citizens Association, spoke on some of the ways that they would like to promote economic growth and quality of life in Del Ray as follows: (1) would like to work with and assist the City in identifying and encouraging new business along Mount Vernon Avenue; (2) work with existing businesses to improve communications between the residents and businesses in identifying the needs and concerns of the neighborhood; and (3) bring together all concerned organizations in order to allow the sharing of resources and expertise, so together, they can meet their goals. She thanked the City Council for its commitment to business development. The Committee looks forward to working with Council and the City to achieve the common goals of an enriched neighborhood, improved quality of life, increased tax base, and increased revenues for the City.
(f) Mary Wood, 309 N. Fayette Street, representing the Inner City Civic Association, spoke to the single room occupancy housing issue.
The City Manager stated that the documentation with regard to housing needs and by type is a matter of record and would be available in both the Office of Housing, as well as in Dr. Claiborn's office. With regard to the other aspect of the SROs, staff's recommendation is in order to address questions that come up, they would need to be done with a special use permit. With regard to additional review, after the last discussion of this before Council, the staff's recommendation is that Council refer it back to the Planning Commission, particularly with regard to the issue of the special use permit.
Councilman Donley stated that the City Manager was correct that we do want to put on a requirement for a special use permit approval for any single room occupancy facility that might be considered in the City which would preclude any by-right development. In addition, regarding the need for this type of housing, he stated that there are a certain amount of statistics that are available such as the CHAS as well as the affordable housing policy document which was recently adopted by this City. A recent study released by the Department of Housing and Urban Development indicated the fact that 75% of low-income people spend more than 1/3 of their income on housing. He indicated Council will be considering this on Tuesday, January 26, in addition, there is a work session that is scheduled with the Council prior to the meeting.
(g) Rod Kuckro 209 E. Alexandria Avenue, representing the Alexandria Federation of Civic Associations, indicated that he would still like to meet with the members of the Housing Coalition if they can provide the information that the Federation has asked them to provide and will continue to work on that up to Council's meeting on Tuesday.2
Mr. Kuckro spoke to electoral reform. He spoke regarding the committee that was appointed by Council to examine the ways to improve turnout in the City's local elections. He expressed concern about the Committee issuing a report without the benefits of any academic, political or public input.
(h) Jack Sullivan, 4300 Ivanhoe Place, representing the Alexandria Federation of Civic Associations, supported what Mr. Kuckro had said. He expressed concerns about the costs and the amount of money that is being put into the Council elections. He stated that he felt that the Ad Hoc Election Committee should be addressing this issue.
Members of Council participated in the discussion.
Mr. Hurd, Chair, Ad Hoc Election Committee, spoke to the concerns raised and stated that the Committee has been collecting information. He indicated that whatever came out of the Committee's study, it would be referred to the City Council with a recommendation that City Council hold a public hearing on it.
(i) Robert Dempsey, 214 Prince Street, expressed concerns about having a public policy that taxes meals but does not tax the consumption of alcohol.
The City Manager and the City Attorney indicated that this issue is currently being explored.
(j) John Chapman Gager spoke during this period.(k) Councilman Donley introduced and welcomed the Girl Scouts from Troop 357 who were present today as part of a requirement to earn their community service merit badge.
(l) Councilman Donley spoke to a communication received from the Chief of Police responding to a real need in the community by providing a resident police officer for The Berg. He congratulated the City Manager and the Chief for solving what is a problem and responding to a need in the community.
Members of City Council and the City Manager made comments.
(m) Councilman Speck announced that one of Alexandria's very distinguished police officers, Officer Bill Bunney, was badly injured yesterday in a freak automobile accident driving to work. He was medevaced to Fairfax Hospital where he is expected to recover, but he is going to be in intensive care for a while and cannot have visitors. He asked, with the concurrence of Council, that the City Clerk communicate to Mr. Bunney that the prayers and good wishes of this Council are with him for a speedy recovery.
(n) Mayor Ticer announced that Deputy Sheriff Frederick Manjine was also in an accident yesterday and is in satisfactory condition. The City Clerk also will communicate Council's good wishes to Mr. Manjine.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 17
Planning Ccommission
WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 6, 7, and 15 from the Action Consent Calendar.
3. SUP #1228-A - Public Hearing and Consideration of a request for a Special Use Permit to construct an addition to the existing community building located at 1108 Jefferson Street, known as the Lee Recreation Center; zoned POS, Public Open Space. Applicant: City of Alexandria, by Mark H. Fields.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/23/93, and is incorporated herewith as part of this record by reference.)
4. SUP #1228-B - Public Hearing and Consideration of a request for a Special Use Permit to determine vested rights of the addition to the Lee Center located at 1108 Jefferson Street, known as the Lee Recreation Center; zoned POS, Public Open Space. Applicant: City of Alexandria, Department of General Services.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/23/93, and is incorporated herewith as part of this record by reference.)
5. SUP #2630 - Public Hearing and Consideration of a request for a Special Use Permit to determine the vested rights of the property located at 617 North Henry street; zoned CSL, Commercial Service Low. Applicant: Edward S.J. Fader and Roberta V.Z. Fader, by Patricia A. Smith, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/23/93, and is incorporated herewith as part of this record by reference.)
8. SUP #1686-E - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and hours of operation of the existing automobile sales business and to include automobile repair at the property located at 725 North Henry Street; zoned CSL, Commercial Service Low. Applicant: Euro Imports, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/23/93, and is incorporated herewith as part of this record by reference.)
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9. SUP #2508-A - Public Hearing and Consideration of a request for a Special Use Permit to operate a community building located at 125 South Payne Street; zoned CL, Commercial Low. Applicant: Alive, Inc., by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/23/93, and is incorporated herewith as part of this record by reference.)
10. SUP #2583-A - Public Hearing and Consideration of a request for a Special Use Permit to alter the seating of the existing restaurant with full-service, carry-out and delivery located at 1049 West Glebe Road; zoned CG, Commercial General. Applicant: Pizza Hut of Washington, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/23/93, and is incorporated herewith as part of this record by reference.)
11. SUP #2640 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage for sales and installation of automobile sound and security systems located at 4538 Eisenhower Avenue; zoned OCM, Office Commercial Medium. Applicant: Auto Sound and Security, Inc., by Nils G. Peterson, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11 1/23/93, and is incorporated herewith as part of this record by reference.)
12. SUP #2641 - Public Hearing and Consideration of a request for a special Use Permit to make alterations to an existing noncomplying use (seminary) for the Protestant Episcopal Theological Seminary located at 3737 Seminary Road; zoned R-20, Residential. Applicant: Protestant Episcopal Theological Seminary of Virginia, by David H. Charlton.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/23/93, and is incorporated herewith as part of this record by reference.)
13. SUP #2644 - Public Hearing and Consideration of a request for a Special Use Permit to operate an ice cream shop located at 602 King Street; zoned CD, Commercial Downtown. Applicant: 600 King Street Associates, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/23/93, and is incorporated herewith as part of this record by reference.)
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14. SUP #2645 - Public Hearing and Consideration of a request for a Special Use Permit to operate a retail sales business and a tailor shop located at 215 South Union Street; zoned W-1, Waterfront Mixed Use. Applicant: Wilma B. Arnesen.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/23/93, and is incorporated herewith as part of this record by reference.)
16. SUP #2650 - Public Hearing and Consideration of a request for a Special Use Permit to operate a coffee house located at 532 King Street; zoned CD, Commercial Downtown.
Applicant: Starbucks Coffee Company, by Michael R. Wheeler.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/23/93, and is incorporated herewith as part of this record by reference.)
17. ENCROACHMENT #93-001 - Public Hearing and Consideration of a request for an encroachment into the public sidewalk right-of-way for a bay window located at 1121 King Street; zoned CD, Commercial Downtown. Applicant: Quimper Faience and/or Susan Speer.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/23/93, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion simultaneously made by Councilman Speck and Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of Docket Item Nos. 6, 7, and 15 which were considered under separate motions. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #13.
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9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #10.
12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
13. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Condition #11.
14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
16. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Condition #11.
17. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Speck "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Rich "aye"
6. SUP #2631 - Public Hearing and Consideration of a request for a Special Use Permit to construct a single-family dwelling on a substandard lot located at 1 East Nelson Avenue; zoned R-2-5, Residential. Applicant: Our Development Company, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/23/93, and is incorporated herewith as part of this record by reference.
A copy of the Planning Director's memorandum dated January 22, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 6; 1/23/93, 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 unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Condition #6. The access will be from Newton Street, not Wayne Street. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
7. TA #92-035 - Public Hearing and Consideration of an amendment to Article VIII (Off-Street Parking and Loading), Section 8-200 (D) (Design of Parking Spaces and Facilities) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of allowing stacked parking (one parking space behind another) to be used for required parking for single-family, two-family and townhouse dwellings, when such parking is located on the lot of the dwelling unit served, and the addition of a new Section 8-200 (F)(5) to keep single-family, two-family and townhouse dwellings from becoming noncomplying structures by virtue of a lack of a second required parking space. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/23/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Gil Zimmerman, 601 Princess Street, spoke on this item; a copy of a verbatim transcript of the issues raised by Mr. Zimmerman, together with a referral letter dated January 26, 1993, to the Planning Commission, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 1/23/93, and is incorporated herewith as part of this record by reference.
Councilwoman Pepper asked questions of Mr. Lynn, Director of Planning and Community Development.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council referred the issue back to the Planning Commission with Mr. Zimmerman's suggestions. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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15. SUP #2648 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant located at 2400-B Mount Vernon Avenue; zoned CL,. Commercial Low. Applicant: Angela Restaurant, Inc., by Efthalia T. Triarhos, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/23/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Effie Triarhos, 10680 Main Street, Suite 310, Fairfax, attorney representing the applicant, spoke in support;
Gale Nellans, 317 E. Windsor Avenue, adjacent property owner, raised concerns about the lease;
Keith P. Staples, 110 E. Oxford Avenue, expressed concerns about noise and rodents; and
Andrew A. Anderson, 528 E. Nelson Avenue, representing Del Ray Civic Association's Business Development Committee, spoke in support.
Members of City Council, the City Attorney, and the City Manager participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilman Donley, Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #2, deleted Conditions #11 and #17 and added Condition #19. The voting was as follows:
Speck "aye" Pepper "aye"
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Rich "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Plannning Commission (continued)
18. SITE PLAN #92-005 - Public Hearing and Consideration of an Appeal from the Decision of the Planning Commission on December 1, 1992, to Approve a Site Plan for the North Arlington Church of God, 5212 Fillmore Avenue.
COMMISSION ACTION: Approved 4-3
(A copy of the Planning report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/23/93, and is incorporated herewith as part of this record by reference.
A copy of a petition containing 38 signatures is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 1/23/93, and is incorporated herewith as part of this record by reference.
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A copy of a letter dated January 20, 1993, from Mr. Heald, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 1/23/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
William C. Thomas, Jr., 1733 King Street, representing the appellant, spoke in support of the appeal;
Robert G. Nitz, Jr., 7352 Clifton Road, Clifton, representing the Church of God, spoke in support of the site plan; and
William B. Hurd, Vice Chair of the Planning Commission, gave a brief summary of the Planning Commission's consideration of this site plan.)
WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Vice Mayor Cleveland to affirm the Planning Commission recommendation and approve the site plan.
(WITHOUT OBJECTION, City Council permitted the following persons to speak on this item:
Silvia Terlitzky, 110 W. Taylor Run Parkway, who owns rental property at 5226 Fillmore Avenue, spoke in support of the appeal; and
Jaime Henao, 5226 Fillmore Avenue, spoke in support of the appeal.)
AFTER CONSIDERABLE DIALOGUE between the Members of City Council; the City Attorney; the Reverend of the Church of God; Mr. Thomas; Mr. Nitz; and Mr. Hurd, Councilman Donley offered a friendly amendment to the original motion to add a condition to read: "That in lieu of replacing the berm [on the west side] that a new landscaping plan be submitted to the Director of Planning and Community Development and be approved by that body."; which amendment was accepted.
WHEREUPON, City Council returned to the motion made by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, as amended, City Council affirmed the action of the Planning Commission and approved the site plan with an added condition to read: "That in lieu of replacing the berm [on the west side] that a new landscaping plan be submitted to the Director of Planning and Community Development and be approved by that body." The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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NOTE: Docket Item Nos. 19 and 20 were read together.
19. MPA-92-5 - Public Hearing and Consideration of possible amendment to the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan to change CDD principles for development without a CDD Special Use Permit. [This application was filed to change the height allowed without a CDD special use permit on parcels 71.00-02-8, 9, 10, 2901 Eisenhower Avenue (Cameron Center) from 77 feet to 100 feet.] (#25 11/14/92)
COMMISSION ACTION: Recommend Denial with request that staff prepare an amendment to the small area plan to change the land use designation to OCM-100, 4-2.
(A copy of the City Manager's memorandum dated January 13, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/23/93, and is incorporated herewith as part of this record by reference.
A copy of the Planning Commission's report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 1/23/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Simpson's letter dated January 13, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 1/23/93, and is incorporated herewith as part of this record by reference.)
20. CASE #TA-92-18 - Public Hearing and Consideration of possible amendments to the zoning ordinance of the City of Alexandria, the nature of which would be change the CDD/Coordinated Development District regulations to:
1) Increase the by-right height in CDD #3 Cameron Center from 77 feet to 100 feet [Section 5-602(A)]. [Planning staff recommends that this item be referred back along with MPA-92-5.]
2) Incorporate time limits within which the planning commission must submit its recommendation on conceptual design plans, preliminary development plans, final development plans or combination plans to City Council and within which City Council must act.
3) Reduce the time between the required pre-application meeting and submission of a conceptual design plan or a combined conceptual design plan and preliminary development plan from 90 days to 45 days [Section 5-603(C)]
4) Repeal Section 5-607(A) which requires an owner of land within an area zoned CDD to submit a certification demonstrating that diligent attempts have been made without success to bring about a joint application with other land owners in a CDD designated area. (#18 11/14/92)
COMMISSION ACTION: Issue (1) Recommend Denial 4-2, (2) Recommend Denial 6-0, (3) Recommend Denial 6-0, but requested study of whether or not the 90-day period is mandatory, (4) Recommend Denial 6-0.
[See staff memorandum under Docket Item No. 19 recommending referral of Issue (1) back to the Planning Commission.]
(A copy of the Planning Commission's report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/23/93, and is incorporated herewith as part of this record by reference.)
(Mr. Lynn, Director of Planning and Community Development, gave a brief summary of this issue.
The following person participated in the public hearing on this item:
Donald F. Simpson, 2750 Eisenhower Avenue, representing Lehigh Portland Cement Company, spoke in support of referring this issue back to the Planning Commission.)
19. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council referred this matter back to the Planning Commission for reconsideration along with Mr. Walt Robbins' request to modify the conditions of CDD #3 at the Planning Commission Special Meeting on February 16, 1993, along with Issue (1) of Docket Item No. 20, Case #TA-92-18. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
(Mr. Lynn, Director of Planning and Community Development, spoke to Issues (2), (3), and (4) of Docket Item No. 20.)
20. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-1, City Council tabled Issues (2), (3), and (4) under this item. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "no"
21. SUP #2642 - Public Hearing and Consideration of a request for a Special Use Permit to operate a private parking lot located at 308-310 Commerce Street; zoned CD, Commercial Downtown. Applicant: Commerce Street Partnership, by Barry P. Thompson.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission's report dated January 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 1/23/93, and is incorporated herewith as part of this record by reference.
A copy of a letter dated January 22, 1993, from Fred Parker, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 1/23/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Barry P. Thompson, 310 Commerce Street, representing Commerce Street Partnership, spoke in support of this item.
Members of City Council asked questions of the applicant.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried on a vote of 6-to-1, City Council approved the staff's recommendation that they be allowed to have a curb cut and to have their five spaces. The voting was as follows:
Pepper "aye" Cleveland "aye"
Speck "aye" Donley "no"
Ticer "aye" Jackson "aye"
Rich "aye"
ORDINANCES AND RESOLUTIONS
22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance by permitting, subject to regulation, certain "accessory uses and structures," in all non-residential zones, by enumerating certain "prohibited uses" in the W-1, WPR and POS zones, and by limiting the application of the 40 percent open space requirement, in the CRMU-L, CRMU-M and CRMU-H zones, to residential uses only. (#22 1/12/93; ROLL-CALL VOTE)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 7-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3612
AN ORDINANCE to amend and reordain Section 4-102 (PERMITTED USES) under section 4-100 (CL/COMMERCIAL LOW ZONE), Section 4-202 (PERMITTED USES) under Section 4-200 (CC/COMMERCIAL COMMUNITY ZONE), Section 4-302 (PERMITTED USES) under Section 4-300 (CSL/COMMUNITY SERVICE LOW ZONE), Section 4-402 (PERMITTED USES) under Section 4-400 (CG/COMMERCIAL GENERAL ZONE), Section 4-502 (PERMITTED USES) under Section 4-500 (CD/COMMERCIAL DOWNTOWN ZONE), Section 4-602 (PERMITTED USES) under Section 4-600 (CD-X/COMMERCIAL DOWNTOWN ZONE (OLD TOWN NORTH)), Section 4-702 (PERMITTED USES) under Section 4-700 (CR/COMMERCIAL REGIONAL ZONE), Section 4-802 (PERMITTED USES) under Section 4-800 (OC/OFFICE COMMERCIAL ZONE), Section 4-902 (PERMITTED USES) under section 4-900 (OCM(50)/OFFICE COMMERCIAL MEDIUM(50) ZONE), Section 4-1002 (PERMITTED USES) under Section 4-1000 (OCM(100)/OFFICE COMMERCIAL MEDIUM(100) ZONE), Section 4-1102 (PERMITTED USES) under Section 4-1100 (OCH/OFFICE COMMERCIAL HIGH ZONE), Section 4-1202 (PERMITTED USES) under Section 4-1200 (I/INDUSTRIAL ZONE), Section 4-1302 (PERMITTED USES) under Section 4-1300 (UT/UTILITIES AND TRANSPORTATION ZONE), Sections 5-102 (PERMITTED USES) and 5-107 (OPEN SPACE REQUIREMENTS) under Section 5-100 (CRMU-L/COMMERCIAL RESIDENTIAL MIXED USE (LOW)), Sections 5-202 (PERMITTED USES) and 5-207 (OPEN SPACE REQUIREMENTS) under Section 5-200 (CRMU-M/COMMERCIAL RESIDENTIAL MIXED USE (MEDIUM)), Sections 5-302 (PERMITTED USES) and 5-307 (OPEN SPACE REQUIREMENTS) under Section 5-300 (CRMU-H/COMMERCIAL RESIDENTIAL MIXED USE (HIGH)), Section 5-402 (PERMITTED USES) under Section 5-400 (CRMU-X/COMMERCIAL RESIDENTIAL MIXED USE (OLD TOWN NORTH) ZONE), Section 5-502 (PERMITTED USES) under Section 5-50013
Section 1. That Sections 4-102, 4-202, 4-302, 4-402, 4-502, 4-602, 4-702, 4-802, 4-902, 4-1002, 4-1102, 4-1202, 4-1302, 5-102, 5-202, 5-302, 5-402, and 5-502, of the City of Alexandria Zoning Ordinance, be, and the same hereby are, each severally amended by adding thereto a new subsection, the appropriate lettered subsection heading to be assign by the city attorney in preparing the codification of this ordinance, to read as follows:
(__) accessory uses, as permitted by section 7-100.Section 2. That Sections 5-107, 5-207, and 5-307 of the City of Alexandria Zoning Ordinance, be, and the same hereby are, each severally amended to read as follows:
5-____ Open Space Requirements. Each residential development or residential portion of a mixed use development shall provide a minimum of 40% of land area as open and usable space; provided however, that a portion of the space which would otherwise be required as green area may be met by comparable amenities and/or facilities provided in lieu thereof if such amenities or facilities meter exceed beneficial purposes which such green areas would accomplish. A determination by the director or by council in the case of a special use permit shall be made in each case as to whether the open space provided, in addition to meeting the technical definition of open space, is functional and usable.
Section 3. That Section 5-500 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 5-503.1, to read as follows:
Section 5-503.1 Prohibited Uses. Any use which is not a permitted, special or accessory use pursuant to this section 5-500 is prohibited.
Section 4. That Section 6-100 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 6-105.1, to read as follows:
Section 6-105.1 Prohibited Uses. Any use which is not a permitted, special, temporary or accessory use pursuant to this section 6-100 is prohibited.
Section 5. That Section 6-200 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 6-203.1, to read as follows:
Section 6-203.1 Prohibited Uses. Any use which is not a permitted, special or accessory use pursuant to this section 6-200 is prohibited.
Section 6. That Sections 4-102, 4-202, 4-302, 4-402, 4-502, 4-602, 4-702, 4-802, 4-902, 4-1002, 4-1102, 4-1202, 4-1302, 5-102, 5-107, 5-202, 5-207, 5-302, 5-307, 5-402, 5-502, 5-500, 6-100, and 6-200 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.
14Section 7. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review, and to all such applications which may be filed after such date.
Introduction: 1/12/93
First Reading: 1/12/93
Publication: 1/14/93; 1/15/93
Public Hearing: 1/23/93
Second Reading: 1/23/93
Final Passage: 1/23/93
23. Public Hearing. Second Reading and Final Passage on First Reading of AN ORDINANCE to rezone the property at 121 South Columbus Street from RM to CD. (#23 1/12/93; ROLL-CALL VOTE)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 7-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3613
AN ORDINANCE to amend and reordain Sheet No. 74.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the property at 121 South Columbus Street (Zoning Map and Tax Map Parcel No. 74-02-11-15) from RM/Townhouse Zone to CD/Commercial Downtown Zone.
WHEREAS, Prestige Investors, Unlimited, by Victor M. Glasberg, has filed an application to change the zoning classification established by the official zoning map for the property known as 121 South Columbus Street (Zoning Map and Tax Map Parcel No. 74-02-11-15), from RM/Townhouse Zone to CD/Commercial Downtown Zone; and
WHEREAS, the said rezoning is consistent with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and
WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 74.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereafter described:
121 South Columbus Street (Zoning Map and Tax Map Parcel No. 74.02-11-15), having approximately 17 feet of frontage on South Columbus Street and containing approximately 722 square feet of land area; as shown on the plat entitled "Plat Showing House Location on Lot 501, Resubdivision of Ida H. Padgett Property, dated November 18, 1985, attached hereto and incorporated herein by reference.
FROM: RM/Townhouse Zone
TO: CD/Commercial Downtown Zone
Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendment on the said map.
Section 3. That Sheet No. 74.02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/12/93
First Reading: 1/12/93
Publication: 1/14/93; 1/15/93
Public Hearing: 1/23/93
Second Reading: 1/23/93
Final Passage: 1/23/93
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL CONSENT CALENDAR 24 - 29
24. REZONING #92-03 - Public Hearing and Consideration of a request for a change in zone classification from CD/Commercial Downtown Zone to RCX/Medium Density Apartment Zone, with proffer, for the property located at 601 Wilkes Street, containing approximately 0.53 acre (23,194 square feet) of land area. Applicant: Tannery House Condominium Association, by Joseph B. Mitchell.
COMMISSION ACTION: Deferred by Staff Prior to Hearing
25. TA #92-030 - Public Hearing and Consideration of text amendments to Article VII (Supplemental Zone Regulations), Section 7-1200 (Utilities), Subsection 7-1202 (Special Use Utilities), of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of eliminating the special use permit requirement for freestanding pad-mounted transformers, and changing the term "static transformer stations" to "electric power substations." Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Deferred by Staff Prior to Hearing
26. SUP #1283-D - Public Hearing and Consideration of a request for a Special Use Permit to operate valet parking for the existing Henry Africa restaurant located at 607 King Street; zoned CD, Commercial Downtown. Applicant: Towne Park Limited, by David M. Coombe.
COMMISSION ACTION: Withdrawn By Applicant Prior to Hearing
27. SUP #1867-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing Ecco Cafe restaurant located at 220 North Lee Street; zoned CD, Commercial Downtown. Applicant: Ecco of Alexandria Inc., by Frank Gallego.
COMMISSION ACTION: Deferred by Staff Prior to Hearing.
Reason: To allow applicant time to work with staff.
28. SUP #2646 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 724 North Fayette Street; zoned RB, Residential. Applicant: Gloria Talbert.
COMMISSION ACTION: Deferred by Staff Prior to Hearing.
Reason: To allow time for state to amend code regulations.
29. SUP #2647 - Public Hearing and Consideration of a request for a Special Use Permit to operate a dry cleaning and laundry business located at 3425-B King Street; zoned CG, Commercial General. Applicant: Du Hwan, by Nathan Burns, agent.
COMMISSION ACTION: Recommend Deferral 7-0
Reason: Applicant Failed to Attend Public Hearing
END OF DEFERRAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council noted the deferrals and withdrawal. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 12:25 p.m., City Council convened an executive session, at the close of this meeting, for the purpose of:
consulting with and receiving a briefing from legal counsel pertaining to the following pending litigation involving the city or a city officer or employee, pursuant to section 2.1-344(7) of the Virginia Code:
- City of Alexandria v. Virginia Department of Taxation and the Southern Railway Company, a case that is pending in the Circuit Court for the City of Richmond and that involves the real estate tax assessments of the Southern rail operating property located within the city's boundaries.
- City of Alexandria v. Virginia Department of Taxation and the Richmond, Fredericksburg and Potomac Corporation, a case that is pending in the Circuit Court for the City of Richmond and involves the real estate tax assessments of the RF&P rail operating property located within the city's boundaries.
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The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
THEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0, at 12:45 p.m., City Council reconvened the meeting. The voting was as follows:
Donley "aye" Jackson out of room
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council authorized the City Attorney to settle the City's suit now pending against the Virginia Department of Taxation and the Southern Railway Company in the Richmond Circuit Court along the lines discussed in executive session, and that we authorize the City Manager to execute, on behalf of the city, any agreements and other documents necessary to accomplish that settlement. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson out of room
Ticer "aye" Rich out of room
Speck "aye"
New Business Item No. 3: WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council adopted Resolution No. 1632 pertaining to the executive session. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1632
WHEREAS, the Alexandria City Council has this 23rd day of January, 1993, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive session.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, at 12:47 p.m., the Public Hearing Meeting of Saturday, January 23, 1993, was adjourned. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
APPROVED BY:
_________________________
PATRICIA S. TICER MAYOR
ATTEST:
____________________________
Beverly I. Jett, CMC City Clerk19
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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