Public Hearing Meeting
Saturday, December 12, 1992 - - 9:30 am
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Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Brannan, Assistant City Manager; Mr. Powers, Legislative Liaison; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Sanderson, Director of Real Estate Assessments; Mr. Eiffert, Management Analyst, Human Services; Mr. Leiberg and Mr. Yake, Urban Planners, Planning and Community Development; Mr. McMahon, Deputy Director, General Services; Ms. Whiddon, Acting Division Chief, Office of Housing; Senator Calhoun; Delegate Cohen; Delegate VanLandingham; Fire Chief Beam; Police Chief Samarra; Sergeant Clancey, Police Department; and Lieutenant Robbins, 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.
WITHOUT OBJECTION, Council Member Rich raised a point of personal privilege and made statements regarding the inflammatory flier that was passed out this week concerning public housing tenants and a suggestion that Council Member Rich is going to evict people in three years. He stated that while there is discussion about doing things better, neither he nor anybody on Council or ARHA is going to be evicting anybody in three years. He indicated that his proposal has been grossly and unfairly distorted by some people who have chosen to remain nameless. He stated that he thinks that they have done it in a very shameless fashion attempting to basically use scare tactics to stop any kind of public discussion about what we, as a community, can do to do things better. His proposal is to try to solve some problems that have grown largely out of poverty and lack of opportunity in our City. Those problems are affecting some neighborhoods in the sense of there being persistent crime and nuisance activity and joblessness that is generating homelessness. He indicated that he thinks that it is fair for the City to try to figure out a way to do things better. He1
indicated that we need to insure, along with the expectation, that people will have jobs and work, that there is child care available, there is training, there is education, and that there is health insurance. He stated that he does support the gradual redevelopment of public housing and it is at least worthy of discussion. He supports scattered-site housing. He stated that redevelopment will lead to better housing. He indicated that time limits should be considered for people in public housing, whether it be two years, three years, five years or ten years. Nothing is going to happen until it is discussed, and he was glad that so many people have come out today so that the discussion process can begin. He indicated that he felt nothing was going to happen until we, as a community, come up with some consensus about what can be done differently so that we all can do better for those of us who want to try to do better.
Mayor Ticer stated, in line with what Council Member Rich has said, everything that has been discussed is really a discussion. There is no action item on the agenda for City Council on these items. This is not a short-term discussion. She wanted people to know that nothing is going to happen anytime very soon, if, and when it does happen.
(a) John Komoroske, 3106 Circle Hill Road, stated that he supports Council Member Rich's new course for Alexandria which will trim poverty by giving opportunity to those taking responsibility;
(b) Rod Kuckro, 209 E. Alexandria Avenue, stated that he also supports Council Member Rich's proposal for continued discussion;
(c) Andrew Anderson, 528 E. Nelson Avenue, stated that he supports Council Member Rich's proposal for continued debate;
(d) Henry Henderson, 507 E. Custis Avenue, spoke objectively regarding improving the quality of life in public housing and in communities where minorities are living;
(e) Joseph X. Tangredi, 1420 W. Abingdon Drive, #341, suggested that everybody read Council Member Rich's proposal, and that he was very impressed by the concern given to four basic issues, education and job training, employment, early childhood development, and crime prevention;
(f) William Dickinson, 805 Quaker Lane, applauded Council Member Rich for his proposal and indicated that there should be a brainstorming session where everyone brainstorms together to come out with some ideas covering the whole gambit of our community activities and try to invent some new ways;
(g) Bernadette Johnson Green, 713 N. Alfred Street, indicated that she came this morning with the impression that the flier that was circulated was going to evict some of the public housing residents; however, she stated that she is going to read Council Member Rich's proposal and will write a letter;
(h) Ramona Younger, 1201 Braddock Place, #206, president, Alexandria Resident Council, stated that overall Council Member Rich's proposal has some very positive attributes that can be demonstrated in the City of Alexandria; however, she indicated in putting the proposal into action a board composed of members of the community and residents who reside in public housing needs to be set up to make those things happen;
(i) Richard J. Blake, 45 S. Bragg Street, spoke against Council Member Rich's proposal and suggested that this be discussed with the tenants to find out what their situation is;2
(j) Mary L. Anthony, 809 N. Henry Street, stated that she is not against the proposal but expressed concerns because she is on a small income;
(k) Martha Holmes, 1023 Madison Street, expressed concerns about moving in three years because she cannot afford to do so because she is disabled and unable to work like she used to;
(1) Ed Hatcher, 19 W. Walnut Avenue, representing the Rosemont Citizen Association, stated that the Rich proposal has sparked some highly charged statements from different groups, but it is also engendering an enormously healthy debate on where our City should go in the next twenty-five years;
(m) LaFonte Nesbitt, 3737 Jason Avenue, stated that process is important; the debate should be an honest debate and those whom the debate involves should be part of the debate and in control of their own destinies; he stated that the City owes a great deal of thanks to Council Member Rich whether you agree or not with the entire proposal;
(n) James Graham, 305 S. Royal Street, spoke regarding restaurant/meals tax and telephone calls by staff;
(o) Paul Hughes, 8929 Colesbury Place, president of Virginians for Recycling, Inc., requested Council include beverage container deposit legislation in its 1993 legislative package; and
(p) John Chapman Gager, spoke during this period.
(Mayor Ticer, Councilman Jackson and Vice Mayor Cleveland spoke to some of the concerns raised during this period.)
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 14
Planning Commission
WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 9, 11, and 12 from the Action Consent Calendar, and added Docket Item No. 27.
3. SUP #2625 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 277 South Van Dorn Street, within the Van Dorn Plaza; zoned CG, Commercial General. Applicant: Fu Shing, Inc., t/a Fu Shing Chinese Carry-out by Kuang Hua Ying.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/12/92,and is incorporated herewith as part of this record by reference.)
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4. SUP #2413-B - Public Hearing and Consideration of a review of a Special Use Permit for the existing nonconforming restaurant located at 1225 Powhatan Street; zoned RB, Residential. Applicant: Dixie Pig Restaurant, by Beth M. Coyne, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/12/92, and is incorporated herewith as part of this record by reference.)
5. STREET NAME CHANGE - Public Hearing and Consideration of a request to change the name of the 4100 block of Fort Worth Avenue to Fort Worth Place.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/12/92, and is incorporated herewith as part of this record by reference.)
6. TA #92-032 - Public Hearing and Consideration of text amendments to Article IV (Commercial, Office and Industrial Zones), Article V (Mixed Use Zones), and Article VI (Special and Overlay Zones) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of adding "accessory uses and structures" to all nonresidential zones as a permitted use, consistent with the residential zones, and for the purpose of adding the "prohibited uses" provision to the W-1/Waterfront Mixed Use Zone, POS/Public Open Space and Community Recreation Zone, and WPR/Waterfront Park and Recreation Zone, consistent with the other zones. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/12/92, and is incorporated herewith as part of this record by reference.)
7. SUP #2542-A - Public Hearing and Consideration of a request for a Special Use Permit to extend the time for commencement of operation for the proposed restaurant located at 4115 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Pizza Hut of Washington - Pizza Hut, Inc., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/12/92, and is incorporated herewith as part of this record by reference.)4
8. SUP #2569-A - Public Hearing and Consideration of a request for a Special Use Permit to add counter seating to the existing carry-out restaurant located at 634 South Fairfax Street; zoned CL, Commercial Low. Applicant: George Zarkadoulas.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/12/92, and is incorporated herewith as part of this record by reference.)
10. SUP #2626 - Public Hearing and Consideration of a request for a Special Use Permit to operate a business office located at 100 South Van Dorn Street, Unit 102, within the Oakwood Apartments; zoned RC, Residential. Applicant: R&B Apartment Management Company, by Albert F. Cummings, Vice President.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/12/92, and is incorporated herewith as part of this record by reference.)
13. SUP #2639 - Public Hearing and Consideration of a request for reapproval of a Special Use Permit to construct a single-family dwelling on a substandard lot located at 608 Ramsey Street; zoned R-2-5, Residential. Applicant: Coe Eldredge and Edwin Poston.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/12/92, and is incorporated herewith as part of this record by reference.)
Alexandria Community Policy and Management Team
14. Consideration of Appointment of Two Additional Members to the Alexandria Community Policy and Management Team.
(A copy of the City Manager's memorandum dated December 8, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/12/92, and is incorporated herewith as part of this record by reference.)
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Planning Commission (continued)
27. SUP #2627 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 310 South Pickett Street, within the Trade Center; zoned CDD #8, Coordinated Development District. Applicant: WAC, Inc., t/a Wiygul Automotive Clinic, by Oscar H. Wiygul.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/12/92, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-0, City Council approved the Action Consent Calendar as presented, with the exception of Docket Item Nos. 9, 11, and 12 which were considered under separate motions, and with the addition of Docket Item No. 27. 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.
(Councilwoman Pepper expressed concerns about the parking in this shopping center and requested the staff to monitor it closely.)
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.
6. City Council approved the recommendation of the Planning Commission and approved the proposed text amendments. [City Attorney is to prepare the appropriate ordinance.]
7. 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.
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 and amended Condition #2.
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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.
(Councilwoman Pepper made comments concerning this item.)
Alexandria Community Policy and Management Team
14. City Council appointed the following persons to the Alexandria Community Policy and Management Team: (1) Carol Wase, as the private provider of family and children services; and (2) Keith Mitchell, Sr., as the parent member.
Planning Commission (continued)
27. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted Conditions #10, #11 and #14, amended Condition #12, and added Condition #16.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich out of room
Speck "aye"
11. SUP #2637 - Public Hearing and Consideration of a request for a Special Use Permit to construct an addition to the existing noncomplying warehouse located at 301-315 Hooff's Run Drive and 2006-2014 Eisenhower Avenue; zoned CDD, Coordinated Development District. Applicant: G.T. Metro Limited Partnership, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/12/92 and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Bernard Fagelson, 1733 King Street, attorney representing the applicant, spoke to Condition No. 1 and requested that it be removed.
Mr. Lynn, Director of Planning and Community Development, stated that he has no problem with removing Condition No. 1.)
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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 amended the Planning Commission recommendation to exclude Condition No. 1 [as recommended by staff] which would require the special use permit to be granted to the applicant only or to any corporation in which the applicant has a controlling interest. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
THEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried on a vote of 6-to-0, City Council approved the amended request and granted the special use permit, subject to compliance with all applicable codes and ordinances. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Rich out of room
Speck "aye"
12. SUP #2635 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 5200 Maris Avenue; zoned RA, Residential. Applicant: Melvey Denise Brown.
COMMISSION ACTION: Recommend approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/12/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck asked questions of the applicant and staff with respect to hours of operation. Mayor Ticer and Councilman Donley also participated in the discussion.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2 and added Condition #9. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
15. Public Hearing and Consideration of a Resolution to revise the residential permit parking restrictions in the 200 block and the west side of the 300 block of North Columbus Street, the 200 and 300 blocks of North Alfred Street, the 900 block of Cameron Street, and the south side of the 700 block of Queen Street, so the restrictions are in effect from 8 a.m. to 2 a.m., Monday through Saturday, and 11 a.m. to 2 a.m. on Sunday. (#23 12/8/92; ROLL CALL VOTE)
(A copy of the City Manager's memorandum dated December 4, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/12/92, and is incorporated herewith as part of this record by reference.)
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(The following person participated in the public hearing on this item:
Sarah Becker, 1200 Princess Street, president, Inner City Civic Association, spoke in support of this resolution.
Councilman Speck asked questions of Ms. Steele, Deputy City Manager.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1629
WHEREAS, under section 5-8-72 of The Code of the City of Alexandria, Virginia, 1981, as amended, parking in all residential permit parking districts by vehicles lacking the requisite parking permit is prohibited for more than three consecutive hours in the period between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays, unless the city council or, in response to a petition signed by permit parking district residents, the city manager determines that, in a district or a portion thereof, a different combination of parking restrictions shall apply;
WHEREAS, the city council has determined that it is in the public welfare that parking restrictions other than those set out in the preceding "WHEREAS" paragraph shall apply in the 200 block of North Columbus Street, the west side of the 300 block of North Columbus Street, the 200 and 300 blocks of North Alfred Street, the 900 block of Cameron Street, and the south side of the 700 block of Queen Street, all of which blocks fall within an existing residential permit parking district; and
WHEREAS, the city council, by action taken on May 16, 1992, determined that it is in the public welfare that parking restrictions other than those set out in the first "WHEREAS" paragraph above shall apply in all blocks within the area bounded on the north by the north side of Princess Street, on the west by the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River, an action and determination that the council now desires to confirm and ratify;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF ALEXANDRIA
1. That, in the 200 block of North Columbus Street, the west side of the 300 block of North Columbus Street, the 200 and 300 blocks of North Alfred Street, the 900 block of Cameron Street, and the south side of the 700 block of Queen Street, parking by vehicles that lack the requisite residential parking permit for more than two consecutive hours on Mondays through Saturdays during the period 8:00 a.m. to 2:00 a.m. of the following day, and on Sundays during the period 11:00 a.m. to 2:00 a.m. of the following day, excluding legal holidays, shall be prohibited, and that such parking restrictions shall be effective December 12, 1992.
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2. That the city council confirms and ratifies its action and determination of May 16, 1992, that, in all blocks within the area bounded on the north by the north side of Princess Street, on the west by the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River, parking by vehicles that lack the requisite residential parking permit for more than two consecutive hours on Mondays through Saturdays during the period 8:00 a.m. to 2:00 a.m. of the following day, and on Sundays during the period 11:00 a.m. to 2:00 a.m. of the following day, excluding legal holidays, shall be prohibited, and that such parking restrictions shall be effective May 16, 1992.
16. Consideration of the Draft Comprehensive Housing Affordability Strategy (CHAS) Annual Plan for Federal Fiscal Year 1993. (#6 11/14/92)
(A copy of the City Manager's memorandum dated December 4, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated December 11, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 12/12/92, and is incorporated herewith as part of this record by reference.)
(WITHOUT OBJECTION, City Council permitted the following person to speak on this item:
J. Donald Edwards, 5851 Quantrell Avenue, #310, representing the Housing Committee of the Alexandria Commission on Aging; a copy of Mr. Edwards' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 12/12/92, and is incorporated herewith as part of this record by reference.
Ms. Davis, Director of Housing, answered questions asked by Members of City Council.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Speck and carried unanimously, City Council approved the City Manager's recommendation that City Council adopt the CHAS Annual Plan for Federal Fiscal Year 1993 and authorized submission of the document to the U.S. Department of Housing and Urban Development no later than December 31, 1992; and City Council received the summary of citizen comments with staff responses as an addendum to the CHAS Annual Plan. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Speck "aye" Jackson "aye"
Rich "aye"
17. (a) Public Hearing on and Consideration of the Revised Affordable Housing Policy Incorporating the Recommendations of the Ad Hoc Affordable Housing Advisory Committee and City Staff.
(A copy of the City Manager's memorandum dated December 10, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17 (a); 12/12/92, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on this item:
Mary Wood, 309 N. Fayette Street, representing Inner City Civic Association;
Helen Lewis, 413 Duke Street, representing Alexandria Coalition for Affordable Housing, spoke in support;
Georgia Cannady, 1103 Dartmouth Road, president, Alexandria League of Women Voters; a copy of Ms. Cannady's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of item No. 17 (a); 12/12/92, and is incorporated herewith as part of this record by reference;
James Hoben, 3306 Circle Hill Road, representing the Ad Hoc Affordable Housing Advisory Committee, spoke in support;
Stan Vosper, 419 Jackson Place, representing the Ad Hoc Affordable Housing Advisory Committee, spoke in support;
Pam St. Clair, 10 W. Linden Street, representing the Ad Hoc Affordable Housing Advisory Committee, spoke in support;
Daniel Abramson, 320 1/2 Mansion Drive, representing the Ad Hoc Affordable Housing Advisory Committee, spoke;
Mike Rolband, 1009 Queen Street, spoke; and
Carol Weber, 203 Yoakum Parkway, #615, representing the Community Services Board, spoke in support.)
The public hearing was concluded.
(General Discussion. Councilman Donley spoke to the issues that were raised. Mayor Ticer suggested that there be a work session on this issue on January 12, prior to Council's decision on January 12.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried unanimously, City Council received the report, closed the public hearing, and scheduled this item for Council consideration on January 12, and scheduled a work session prior to council's consideration on January 12. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Jackson "aye" Rich "aye"
Speck "aye"
17. (b) Public Hearing and Consideration of Single Room Occupancy Dwellings.
(A copy of the City Manager's memorandum dated December 9, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17 (b); 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of Jesse Jennings' statement, dated December 12, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17 (b); 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of Emmitt Carlton's memorandum dated December 11, 1992, on behalf of the Alexandria NAACP, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 17 (a) (b); 12/12/92, and is incorporated herewith as part of this record by reference.11
A copy of Collette Caparara's memorandum dated December 10, 1992, on behalf of the Rosemont Citizens Association, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 17 (b); 12/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Mary Wood, 309 N. Fayette Street;
Helen Lewis, 413 Duke Street, representing the Alexandria Coalition for Affordable Housing; a copy of Ms. Lewis' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 17 (b) ; 12/12/92, and is incorporated herewith as part of this record by reference;
At this point, there was considerable discussion between Members of City Council, Mr. Lynn, Director of Planning and Community Development, and the City Attorney.
Georgia Cannady, 1103 Dartmouth Road, president, Alexandria League of Women Voters; a copy of Ms. Cannady's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item No. 17 (b); 12/12/92, and is incorporated herewith as part of this record by reference;
Lori Wiggins, 1118 Princess Street, representing the Inner City Civic Association, spoke against;
Gil Zimmerman, 601 Princess Street;
Virginia Drewry, 118 Prince Street, representing Old Town Civic Association, spoke against;
John J. Patrick, 13A East Oak Street, expressed concerns;
Sarah Becker, 1200 Princess Street, expressed concerns;
Rod Kuckro, 209 E. Alexandria Avenue, representing the Alexandria Federation of Civic Association, raised concerns;
Jack Sullivan, 4300 Ivanhoe Place, representing Alexandria Federation of Civic Association, expressed concerns;
Ed Hatcher, 19 Walnut Avenue;
Mike Rolband, 1009 Queen Street, spoke in support with caveats; and
Carol Weber, 203 Yoakum Parkway, #615, representing the Community Services Board, spoke in support and stated that it is willing to work with the Federation and the Coalition.)
The public hearing was concluded.
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WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Jackson and carried unanimously, City Council deferred this item until January 12, closed the public hearing, requested any data that might be available to staff regarding the need (there is some information available on the homeless population and there might be some other information that could be gleaned from the CHAS that would possibly indicate that there is a need) and also requested a report about where SROs have worked, i.e., Rockville, San Diego, and D.C., and asked that the Federation and the Coalition continue to work together to possibly come up with a recommendation that is supportable in January, as well. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Jackson "aye" Rich "aye"
Speck "aye"
Whereupon, at 1:15 p.m., City Council recessed for lunch. A work session was held during the lunch break with the Alexandria Delegation to the Virginia General Assembly. Members of City Council, Senator Calhoun, Delegates Cohen and VanLandingham, the City Attorney, and members of the public participated in the discussion on Alexandria's proposed Legislative Package for the 1993 Session of the Virginia General Assembly.
Whereupon, at 2:25 p.m., City Council reconvened the public hearing meeting, and the following transpired:
18. Public Hearing on and Consideration of the City of Alexandria's Proposed Legislative Package for the 1993 Session of the Virginia General Assembly. (#17 11/24/92) (NEW PACKAGE)
(A copy of the City Manager's and the City Attorney's memorandum dated December 8, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/12/92, and is incorporated herewith as part of this record by reference.
(A copy of the City Attorney's and Mr. Power's memorandum dated December 12, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. Berne's letter dated December 3, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 18; 12/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Bernard H. Berne, 4316 N. Carlin Springs Road, #26, Arlington, VA, made brief comments and confirmed the request made in the work session with the legislative delegation that an item relating to the preservation of the Abingdon Plantation House ruins located at National Airport be added to the legislative package;
Jean Auldridge, 3421 Spring Drive, also spoke to the preservation of Abingdon ruins;
Dagobert Soergel, 504 N. Quaker Lane, representing Early childhood Development Commission, spoke to license requirements and number of children in a child care center;
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Dagobert Soergel, 504 N. Quaker Lane, representing Immanuel Church-on-the-Hill, requested that the gun control proposal be included in the legislative package;
Carol Weber, 203 Yoakum Parkway, #615, representing the Community Services Board, spoke in support of comments made during the legislative work session with respect to its request; and
Ricky O'Kane, 723 W. Braddock Road, spoke in support of gun control legislation.)
The public hearing was concluded.
(Members of City Council asked questions of Police Chief Samarra with respect to rules and regulations regarding gun dealers. The City Attorney participated in the discussion.
Chief Samarra will report back with respect to a recent newspaper article regarding the number of gun dealers located within the City.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the Legislative Package which includes the addition of the gun control legislation, support for preservation measures for the Abingdon Ruins at National Airport, the Transportation Coordinating Commission recommendations in terms of three priority funding items (including the Springfield/Franconia Metro Station, the completion of 234 and the completion of the Fairfax Parkway) and calling for a legislative study of SJ188. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
19. Receipt of the 1992 Annual Report from Jones Intercable, Inc.
(A copy of the City Manager's memorandum dated December 8, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/12/92, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Speck asked questions of Mr. Randell, General Manager, Jones Intercable, Inc.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council received Jones Intercable's 1992 Annual Report. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson out of room
Ticer "aye" Rich "aye"
Speck "aye"
14
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
20. SUP #2009-C - Public Hearing and Consideration of a request for approval of an amendment to the Bulfinch Square residential cluster special use permit to allow a storage area to be converted to a garage for the parking of an automobile and curb cut and driveway apron to service the garage for the property located at 401 North Saint Asaph Street; zoned RM, Residential. Applicant: Robert S. Brandt, by James L. Brown.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Carolyn Merck, 324 N. Royal Street, representing Old Town Civic Association, recommended denial of this curb cut;
Gil Zimmerman, 601 Princess Street, urged denial of this special use permit;
Richard D. Welch, Jr., 422 N. St. Asaph Street, urged denial of this request; and
Robert Brandt, 401 N. St. Asaph Street, spoke in support of the special use permit and urged that it be granted.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilmen Donley and Jackson and carried unanimously, City Council approved the recommendation of the Planning Commission and denied the proposed curb cut and driveway. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Jackson "aye" Rich "aye"
Speck "aye"
NOTE: Docket Item Nos. 21 and 22 were read and considered together; however, separate motions were made on each item.
21. SUP #2629 - Public Hearing and Consideration of a request for a Special Use Permit to operate a research and development facility located at 1200 North Fayette Street; zoned OCM, Office Commercial/Medium. Applicant: DCS, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/12/92, and is incorporated herewith as part of this record by reference.)15
22. SUP #2638 - Public Hearing and Consideration of a request for a Special Use Permit to operate a motor vehicle parking lot located at 1200 North Fayette Street; zoned OCM, Office Commercial/Medium. Applicant: DCS, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, spoke in support of these applications;
David Rubin, senior vice president, DCS Corporation, spoke in support of these applications; and
Sarah Becker, 1200 Princess Street, president, Inner City Civic Association, spoke in support of Special Use Permit No. 2629, and against Special Use Permit No. 2638.)
(General Discussion. There was considerable discussion between the Members of City Council, Mr. Calley, Mr. Rubin, Mr. O'Kane, Director of Transportation and Environmental Services, and Mr. Lynn, Director of Planning and Community Development.)
At this point, City Council made the following motion concerning Docket Item No. 21:
21. WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley 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. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Rich "aye"
Speck "aye"
(Further Discussion. There was considerable discussion between the Members of City Council, staff, James Hayman, leasing agent for applicant, and Mr. Calley regarding the leasing of parking spaces.)
22. WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Council Member Rich, that DCS be allowed to lease those [parking] spaces, whatever is left over, a hundred plus, but only as many spaces as they can lease for car pools or van Pools from areas right around there, such as PBS, that it would have to be that arrangement and incorporated in the motion the addition of Condition #4 to read: "#4 The parking lot will be lighted to the satisfaction of Transportation and Environmental Services."; [100% of the spaces not required by DCS to go to van/car pools.]; which motion FAILED on a vote of 3 "ayes" to 4 "noes". The voting was as follows:
Pepper "aye" Cleveland "no"
Rich "aye" Donley "no"
Ticer "no" Jackson "aye"
Speck "no"
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22. THEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a vote of 4-to-3, City Council approved the application [subject to compliance with all applicable codes, ordinances, and staff recommendations] with the following changes, change in Condition #4 to read: "#4 The parking lot shall be lighted to the satisfaction of the Director of Transportation and Environmental Services."; Condition #5 which would read: "#5 The applicant will control parking by issuing stickers for all vehicles authorized to park on the lot; will employ a towing service to remove unauthorized vehicles; and will not lease any space to Metro rail commuters."; and a new Condition #6 to read: "#6 The applicant will provide inducements for employees to use public transportation or to car pool; the applicant will also set aside 25% of parking spaces not used by DCS employees for van and car pools; the applicant will provide a quarterly report to the Director of Transportation and Environmental Services concerning the number of spaces which are presently used by van and car pools." The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson "no"
Ticer "aye" Pepper "no"
Rich "no"
23. SUP #2636 - 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 912 Enderby Drive; zoned R-8, Residential. Applicant: Richard S. and Nancy T. Crowley.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of the revised proposed site plan dated November 29, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 12/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Richard Crowley, 212 E. Nelson Avenue, applicant, spoke in support of the special use permit, and submitted, for the record, a revised proposed site plan dated November 29, 1992; and
David W. Brown, 503 Woodland Terrace, representing the North Ridge Citizens Association, spoke in support.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley 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 with a new Condition No. 5 to be added that reads: "#5 That the structure to be located on the lot be constructed in accordance with the five-page site plan for 912 Enderby Drive which is dated November 29, 1992." The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
17
NOTE: Docket Item Nos. 24 (a) and 24 (b) were read together, but were acted upon separately.
24. (a) TA #92-033 - Public Hearing and Consideration of a text amendment to Section 5-602 of the Zoning Ordinance of the City of Alexandria, Virginia, to amend the maximum floor area ratio (FAR) and/or development levels permitted with a coordinated development district special use permit in Coordinated Development District #10 (Potomac Yard/Potomac Greens), from 2.75 to 3.75 million square feet of office space, from 3,500 to 4,500 residential units, and from 300,000 to 425,000 square feet of retail space. Staff: Planning and Community Development, Sheldon Lynn, Director.
COMMISSION ACTION: Recommend Approval 5-2
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24 (a); 12/12/92, and is incorporated herewith as part of this record by reference.)
24. (b) Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance by revising CDD Guideline No. 4 for the Potomac Yard/Potomac Greens property which provides for an increase in the amount of development permitted with a CDD special use permit from 2.75 to 3.75 million square feet of office space, from 3,500 to 4,500 residential units, and from 300,000 to 425,000 square feet of retail space. (#20 12/8/92; ROLL-CALL VOTE)
(The following person participated in the public hearing on these items:
Bernard Brenman, 4600 Duke Street, #1609, spoke in support of these items.)
24. (a) WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the proposed text amendment. The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich out of room
24. (b) (The City Attorney suggested an amendment be made by adding at the end of Section 3 the following sentence: "It is the intent of City Council, that in the event this effective date provision of the ordinance is declared invalid for any reason, the provision shall not be considered severable from the remaining portion of the ordinance, and that, in such event, the remainder of the ordinance shall be deemed invalid and of no force and effect.")
24. (b) WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance, as amended, upon its Second Reading. The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich out of room
The ordinance finally passed, as amended, reads as follows:18
ORDINANCE NO. 3604
AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS) of Article V (MIXED USE ZONES) of the City of Alexandria Zoning ordinance.
WHEREAS, the City Council of Alexandria finds and determines that:
1. The Potomac Yard/Potomac Greens Small Area Plan chapter of the 1992 Master Plan of the City of Alexandria has been amended by Ordinance No. 3603, adopted November 24, 1992, to increase the amount of development permitted under the CDD guidelines for the small area plan from 2.75 to 3.75 million square feet of office space, from 3,500 to 4,500 residential units, and from 300,000 to 425,000 square feet of residential space; and
2. For the reasons stated in the record of such master plan amendment, it is necessary and desirable to amend the City of Alexandria Zoning Ordinance to implement the aforesaid amendments to the master plan; and
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 the legislative body of the City of Alexandria, Virginia, 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 papragraph (10) of Section 5-602 (A) of the City of Alexandria Zoning Ordinance be, and same hereby is, amended to read as follows:
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Section 2. That Section 5-602 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 3. That this ordinance shall become effective at such time as all of the following events have occurred: (1) the pending litigation with the RF&P Railroad Company and related parties over the city's 1987 decision to reject a site plan application for the development of Potomac Greens shall have been dismissed with prejudice, the district court's final order of April 3, 1991, shall have been vacated and the court's memorandum opinion of February 27, 1991, shall have been withdrawn; (2) all pending litigation with the RF&P Railroad Company and related parties over the city's 1992 decision to rezone the Potomac Yard and Potomac Greens shall have been dismissed with prejudice; and (3) the city attorney shall have certified the occurrence of events (1) and (2) to the city clerk. It is the intent of city council that, in the event the effective date provision of this ordinance is declared invalid for any reason, the provision shall not be considered severable from the remaining portion of the ordinance, and that, in such event, the remainder of the ordinance shall be deemed invalid and shall be considered of no force and effect.
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
WITHOUT OBJECTION, City Council took Docket Item No. 35 out of order.
35. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate the public alley right-of-way at 4501-4601 Duke Street. (#22 12/8/92; ROLL-CALL VOTE)
(The following persons participated in the public hearing on this item:
Bernard Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this request.
The City Attorney suggested that an amendment be made to the ordinance by adding a new Section 6 to read as follows: "Section 6. That the applicant shall make a contribution in the amount of $10,000 to an Alexandria charity of its choice and that such contribution shall be made within thirty days of the closing of any sales transaction involving the property."
The City Attorney conferred with Allan Young, attorney representing the applicant, and he agreed to this suggested amendment.)
20
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance, as amended, 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, as amended, reads as follows:ORDINANCE NO. 3605
AN ORDINANCE to vacate a public alley abutting the Foxchase Shopping Center at 4501-4601 Duke Street in the City of Alexandria.
WHEREAS, First Alexandria Associates ("Applicant") which owns the property at 4501-4601 Duke Street in the City of Alexandria, Virginia, has applied for the vacation of a 22-foot wide public alley that runs from Duke Street to North Jordan Street behind and beside the Foxchase Shopping Center and totals an estimated 33,500 square feet; and
WHEREAS, the alley to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated September 14, 1992 ("Plat") (attached hereto); and
WHEREAS, the vacation of this alley has been approved by the planning commission at one of its regular meetings; and
WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and
WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and
WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the 22-foot wide public alley abutting the rear of Foxchase Shopping Center is no longer needed for public use and that it is in the public interest that it be vacated; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the hereinafter described public alley, as shown on the Plat, be and the same hereby is vacated:
Beginning at a point in the northerly right-of-way line of Duke Street, Route 236 (variable width), said point marking the southeasterly corner of City of Alexandria Tax Parcel 49.00-06-01 (the land of the City of Alexandria); thence running with the southeasterly line of said city property the following courses and distances: North 07o 31' 40" West, 326.86 feet to a point of curvature; 35.17 feet with the arc of a curve to the right whose radius is 47.00 feet and whose chord bearing and chord are North 13o 54' 29" East and 34.35 feet, respectively, to a point of tangency; North 35o 20' 38" East, 363.08 feet to a point marking a southwesterly corner of City of Alexandria Tax Parcel 49-00-06-03 (the land of Foxchase Apartments); thence running
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with said Foxchase Apartments South 71o 26' 00" East, 817.65 feet to a point of curvature in the westerly right-of-way line of North Jordan Street (80 feet wide); thence running with the westerly right-of-way line of said North Jordan Street 22.25 feet with the arc of a curve to the left whose radius is 893.03 feet and whose chord bearing and chord are South 10o 03' 17" West and 22.25 feet, respectively, to a point of tangency marking the northeasterly corner of Lot I (the land of First Alexandria Associates, known as Foxchase Shopping Center); thence running with the northerly and westerly lines of said Lot I the following courses and distances: North 71o 26' 00" West, 786.03 feet to a point of curvature; 31.95 feet with the arc of a curve to the left whose radius is 25.00 feet and whose chord bearing and chord are South 71o 57' 19" West and 29.82 feet, respectively, to a point of tangency; South 35o 20' 38" West, 328.16 feet to a point of curvature; 18.71 feet with the arc of a curve to the left whose radius is 25.00 feet and whose chord bearing and chord are South 35o 54' 29" West and 18.27 feet, respectively, to a point of tangency; South 07o 31' 40" East, 326.86 feet to a point in the northerly right-of-way line of the aforesaid Duke Street, Route 236; thence running with the northerly right-of-way line of said Duke Street South 82o 28' 20" West, 22.00 feet to the point of beginning. Containing 33,500 square feet or 0.7691 acres.
Section 2. That this vacation is subject to the Applicant complying with each of the conditions set forth below:
1. The Applicant shall consolidate the vacated land with the applicant's existing lot and provide a copy of the plat showing the consolidation prior to the plat's recordation to the Department of Planning and Community Development.
2. The Applicant shall provide easements for all storm sewers, sanitary sewers, overhead and underground utilities and any other utilities now existing within the area being vacated by this ordinance.
3. The Applicant shall ensure that all city street lights within the area being vacated by this ordinance are removed from the City account with Virginia Power, that all such lights are maintained and in sound operating condition unless and until the City of Alexandria authorizes otherwise, that all such rights are put on Applicant's electric meter, and that all costs of maintaining and operating such lights in the future are paid by Applicant.
4. The Applicant shall ensure that all fire hydrants within the area being vacated by this ordinance are maintained, at Applicant's sole expense, in sound operating condition.
5. The Applicant shall provide an easement for bike trail and public walkway purposes to be located, to the satisfaction of the Director of Transportation and Environmental Services, at the southwest corner of the area being vacated by this ordinance which will connect the existing end of the Holmes Run bike trail to the Duke Street right-of-way.22
6. The Applicant shall provide, to the satisfaction of the Director of Transportation and Environmental Services, a 22.00-foot wide emergency vehicle easement within the area to be accessed by this ordinance, which easement shall be located in a manner which ensures emergency vehicle access to the Moore-Hill Park through the northwest corner of the applicant's property.
7. The Applicant shall install, to the satisfaction of the Director of Transportation and Environmental Services, a fence along the edge of the area being vacated by this ordinance, which separates park land from the commercial land.
8. The Applicant shall ensure that parking spaces for the Foxchase Apartments shall have access to and from a public street.
9. The Applicant shall remove the fence and blacktop area from the Moore-Hill Park site.
Section 3. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.
Section 4. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the Applicant has satisfied the conditions set forth above in section 2, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of FIRST ALEXANDRIA ASSOCIATES, and such recordation shall be done by the Applicant at its own expense.
Section 6. That the applicant shall make a contribution in the amount of $10,000 to an Alexandria charity of its choice and that such contribution shall be made within 30 days of the closing of any sales transaction involving the property following the enactment of this ordinance.
Attachment: Vacation Plat
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
23
25. TA #92-034 - Public Hearing and Consideration of possible text amendments to the Zoning Ordinance for the City of Alexandria, Virginia, the nature of which would be to amend the open space regulation in the CRMU-L, CRMU-M and CRMU-H mixed use zones to require 40 percent open space for residential uses only. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/12/92, 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 Councilman Donley, seconded simultaneously by Councilman Jackson and Vice Mayor Cleveland and carried unanimously, City Council approved the proposed text amendments. [The City Attorney is to prepare the appropriate ordinance.] The voting was as follows:
Donley "aye" Ticer "aye"
Jackson "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
26. REZONING #92-04 - Public Hearing and Consideration of a request for a change in zone classification from RM\Townhouse Zone to CD/Commercial Downtown Zone, for the property located at 121 South Columbus Street, containing approximately 722 square feet of land area. Applicant: Prestige Investors Unlimited, by Victor M. Glasberg.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 12/12/92, and is incorporated herewith as part of this record by reference.)
(Jeanne Goldberg, 121 S. Columbus Street, attorney representing the applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the proposed rezoning. [The City Attorney is to prepare the appropriate ordinance.] The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
26
28. CASE #TA-92-16 - Public Hearing and Consideration of amendments to Article XI (Development Approvals and Procedures), Section 11-419 (Application to Site Plans Previously Filed) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of changing the cut-off date affecting previously approved site plans from February 23, 1985, to September 1, 1984. All site plans approved on or before the cut-off date, unless otherwise vested, would no longer be valid.
COMMISSION ACTION: Recommend Denial 6-0 and suggest that site plan filing fees be waived for resubmission of the Pitt Street Center site plan. (#16 11/14/92)
(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. 28; 12/12/92, and is incorporated herewith as part of this record by reference.)
At 4:50 p.m., Councilman Speck left the meeting during the discussion of this item.
(The following person participated in the public hearing on this item:
Duncan W. Blair, 510 King Street, P. O. Box 820, attorney representing Ameribanc Savings Bank, spoke in support of this request.)
(General Discussion. Members of Council, Mr. Lynn, Director of Planning and Community Development, the City Attorney, and Mr. Blair participated in the discussion.)
WHEREUPON, a motion was made by Councilwoman Pepper to recommend denial of this request; which motion FAILED for lack of a second.
THEREUPON, a motion was made by Councilman Donley, seconded by Vice Mayor Cleveland that City Council approve the change and substituted September 1, 1984 for February 23, 1985, in Section 11-400 Site Plan; which motion also FAILED on a vote of 4 "ayes to 2 "noes". Approval of the amendment by Council required a three-fourths vote of the Members of City Council. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "no"
Ticer "aye" Rich "no"
Speck left meeting
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council reconsidered this item. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck left meeting
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THEREUPON, Council returned to the main motion which was made by Councilman Donley, seconded by Vice Mayor Cleveland and which motion now carried on a vote of 6-to-0, City Council approved the change and substituted September 1, 1984 for February 23, 1985, in Section 11-400 Site Plan. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck left meeting
ORDINANCES AND RESOLUTIONS
29. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize the sale of city-owned property located at 633 North Columbus Street in the City of Alexandria. (#15 12/8/92; ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated November 24, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 12/12/92, and is incorporated herewith as part of this record by reference.
A copy of the Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 12/12/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Sarah Becker, 1200 Princess Street, president, Inner City Civic Association, spoke against this ordinance; and
Steve Gillespie, 619 N. Columbus Street, spoke against this ordinance.)
(General Discussion. There was considerable discussion on this item between the Members of City Council, Mr. LaMois, Chair of the Community Services Board, Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse, Mr. Gillespie and Ms. Becker.
Mayor Ticer requested the Community Services Board to meet with a couple of representatives from the neighborhood as the plan is being developed.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 5-to-1. City Council deferred this item until the January 12, 1993 Legislative Meeting, so that those particular rules [program rules and regulations) could at least be reviewed by Council and the citizens in this instance with the request that the Community Services Board report back to Council. The voting was as follows:
Donley "aye" Cleveland "no"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck left meeting
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WITHOUT OBJECTION, City Council considered Docket Item No. 32, Docket Item No. 9, and Docket Item No. 31 at this time.
32. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance by accepting omnibus technical and perfecting amendments heretofore approved as text amendments by city council. (#18 12/8/92; ROLL-CALL VOTE)
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 5-to-0, 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 out of room
Speck left meeting
The ordinance finally passed reads as follows:
ORDINANCE NO. 3606
AN ORDINANCE to amend and reordain Sections 2-118 (AUTOMOBILE AND TRAILER RENTAL OR SALES AREA), 2-143 (FAMILY), 2-174 (MEDICAL CARE FACILITY) under Section 2-100 (DEFINITIONS) of Article II (DEFINITIONS), Sections 4-1202 (PERMITTED USES) and 4-1203 (SPECIAL USES) under Section 4-1200 (I/INDUSTRIAL ZONE) of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES), Sections 5-505 (FRONTAGE), 5-506 (YARD REQUIREMENTS), 5-508 (OPEN AND USABLE SPACE) and 5-509 (GROUND FLOOR OCCUPANCY REGULATIONS) under section 5-500 (W-1/WATERFRONT MIXED USE ZONE) of Article V (MIXED USE ZONES), and section 7-202 (PERMITTED OBSTRUCTIONS) under Section 7-200 (PERMITTED STRUCTURES IN REQUIRED YARDS) and Section 7-1500 (OUTDOOR DISPLAY OR STORAGE OF GOODS OR MERCHANDISE) of Article VII (SUPPLEMENTAL ZONE REGULATIONS), all of the City of Alexandria Zoning Ordinance.
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(E) In calculating the number of persons permitted to constitute a family pursuant to subsections (C) and (D) of this section, a maximum of eight children under the age of seven who live with their parent in a housekeeping unit may be counted according to the formula: two such children equal one person.
Section 3. That Section 2-174 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Medical Care Facility. Any installation, place, building, or agency, whether or not licensed or required to be licensed by the State Board of Health or the State Hospital Board, by or in which facilities are maintained, furnished, conducted, operated, or offered for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more non-related mentally or physically sick or injured persons, or for the care of two or more non-related persons requiring or receiving medical, surgical or nursing attention or service as acute, chronic, convalescent, aged, or physically disabled; including but not limited to intermediate care facility, extended care facility, mental hospital, mental retardation facility, medical school, outpatient surgery centers, birthing, diagnostic imaging, radiation therapy, dialysis, medical/physical rehabilitation and trauma units, substance abuse outpatient or day programs, and other related institutions and facilities, whether operated for profit or nonprofit, and whether privately owned or operated by a local government unit. This term shall not include a physician's or medical office, first aid station for emergency medical treatment, housing for the elderly, medical laboratory, hospital, nursing home or a facility which has as its primary purpose residential accommodation. Nothing in this definition is intended to interfere with or restrict the use of a dwelling unit by a family as that term is defined in this article, wherever such use is allowed in the zones.
Section 4. That subsection (I) of Section 4-1202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, repealed, and the subsection heading lettered (I) is reserved.
Section 5. That Section 4-1203 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (G.1) to read as follows:
Section 6. That Section 5-505 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 5-505 Density and Lot Requirements.
(A) Density. Gross density shall not exceed 30 dwelling units per acre.
(1) Each structure containing multifamily dwellings shall be located on a lot with a minimum of 1452 square feet of land area for each dwelling unit.
(2) Each townhouse dwelling shall be located on a lot with a minimum of 1452 square feet of land area.
(3) Each other principal use shall be located on a lot with no minimum land area requirement except that which occurs as a result of other applicable regulations, such as yards, floor area ratio and parking.
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(C) Lot Width and Frontage.
(1) For multifamily dwellings, the minimum lot width at the front lot and building line shall be 50 feet.
(2) For townhouses, the minimum lot width at the front lot and building line shall be 18 feet for all lots except interior lots for which the minimum lot width at the front lot and building line shall be 26 feet.
(3) For all other principal uses, there shall be no minimum lot and building line requirements except those which occur as a result of other applicable regulations.
Section 7. That subsections (B) and (C) of Section 5-506 of the City of Alexandria Zoning Ordinance be, and the same hereby are, amended to read as follows:
(B) Side Yards. No side yards are required except in the following cases:
(1) Each interior end unit in a group of townhouses shall provide a side yard of at least 8 feet.
(2) Multifamily residential buildings shall provide two side yards based on a setback ratio of 1:2 and a minimum of 16 feet.
(C) Rear Yard. Each lot shall provide a rear yard of at least 8 feet, except that each multifamily residential building shall provide a rear yard based on a setback ratio of 1:2 and a minimum distance of 16 feet.
Section B. That Section 5-508 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 5-508 Open and Usable Space. Residential uses shall provide a minimum of 300 square feet of open and usable space per dwelling unit, exclusive of any area required for off-street parking. The location and shape of such space shall be subject to the director's determination that it is functional and usable space for residents, visitors and other persons. Such open space may be located on landscaped roofs or other areas fully open to the sky which are not at ground level and which are accessible to all residents of the development if the director determines that such space functions as open space for residents to the same extent that ground level open space would. In addition, each use, development or project adjacent to the Potomac River shall provide an open space walkway and bike way adjacent to the high watermark of the Potomac River.
Section 9. That subsections (B) and (C) of Section 5-509 of the City of Alexandria Zoning Ordinance be, and the same hereby are, amended to reads as follows:
(B) The provisions of section 5-509(A) shall not apply if publicly accessible waterfront or waterfront-related amenities are provided in conjunction with a proposed building, subject to approval of a site plan for such amenities and building pursuant to section 11-400.
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(C) Publicly accessible waterfront or waterfront-related amenities may include, but are not limited to, pedestrians walkways and landscaped open space areas connected to the walkway/bikeway required along the waterfront by section 5-508, boat docking facilities, or similar improvements that enhance pedestrian access to and enjoyment of the waterfront area. The planning commission, or city council on appeal, shall approve the site plan submitted pursuant to section 5-509(B) if the commission or council in its reasonable discretion determines that the amenities to be provided enhance the publicly oriented vitality of the waterfront area.
Section 10. That paragraph (5) of Section 7-202(B) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(5) Free standing air conditioning machinery, provided it can be demonstrated to the director that it will not exceed a noise level of 55 decibels (55dB(A)) when measured at any property line of the lot, and provided it is placed in a location which has the least adverse impacts to adjoining lots of those locations available.
Section 11. That Section 7-1500 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 7-1500 Outdoor Display, Sale or Storage of Goods or Merchandise.
(A) Except as specifically permitted in this ordinance, the outdoor display, sale or storage of goods or merchandise is prohibited on all public rights-of-way and pedestrian circulation facilities, on all private streets, pedestrian circulation facilities, alleys, roadways and driveways, and in all off-street parking and loading areas.
(B) Notwithstanding the provisions of subsection (A), a person conducting a business in a building adjacent to a public or private sidewalk may, in conjunction with a bona fide sale and in accordance with a temporary permit issued by the city manager, display or sell goods or merchandise from that business on a portion of the sidewalk that is contiguous to the building.
(1) Any person desiring such a permit shall apply to the city manager or her designee who shall issue the permit upon a finding that the proposed display or sale of goods or merchandise will not endanger the safety, and will not be inconsistent with the welfare and convenience, of the public, and who may impose such reasonable conditions as are necessary to comply with the requirement of this section.
(2) The city manager may permit the sale of goods and merchandise on a public sidewalk only in connection with a city-sponsored festival or public event.
(3) In addition to any conditions imposed by the city manager, the permittee shall, as a condition for issuance of the permit, agree in writing to defend and hold the city harmless from any and all claims, demands, losses, liability, causes of action, costs and expenses of any kind arising from or incident to any activity undertaken under the permit by the permittee or any employee or agent of the permittee.
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(4) Each permit issued under this section shall be valid only for the duration of the sale in conjunction with which it is issued or seven days, whichever is less.
(5) No more than four permits may be issued under this section in any one year to the same permittee or to any permittee associated with the same business.
(C) Notwithstanding the provisions of subsection (A), the city manager may issue a temporary permit, authorizing the participants in a city-sponsored festival or public event to display or sell goods or merchandise on that portion of any public street which has been closed to traffic in connection with such festival or event.
Section 12. That Sections 2-118, 2-143, 2-174, 4-1202, 4-1203, 5-505, 5-506, 5-508, 5-509, 17-202 and 7-1500 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.
Section 13. 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 are on judicial review, and to all such applications which may be filed after such date.
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
9. SUP #2605-A - Public Hearing and Consideration of a request for a Special Use Permit to operate general automobile repair in conjunction with an automobile dealership located at 5800 Edsall Road; zoned CG, Commercial General. Applicant: James M. Kline.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 12/12/92, and is incorporated herewith as part of this record by reference.)
(James M. Kline, applicant, was available to answer questions.)
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WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilman Jackson and Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #10 and #15, and added Conditions #18 and #19. The voting was as follows:
Donley "aye" Ticer "aye"
Jackson "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Speck left meeting
31. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to create the Alexandria Disability Services Board. (#17 12/8/92; ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated December 4, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 12/12/92, and is incorporated herewith as part of this record by reference.)
(Mary McDonald, 906 Prince Street, #201, representing the Commission on Persons with Disabilities, was available to answer questions.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the substitute ordinance upon its Second Reading. The voting was as follows:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck left meeting
The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3607
AN ORDINANCE to amend and reordain sections 12-11-1 (CREATION OF COMMISSION), 12-11-2 (COMPOSITION; APPOINTMENTS; CHAIRPERSON AND OFFICERS), 12-11-4 (FUNCTIONS) and 12-11-5 (STAFF ASSISTANCE), all of Chapter 11 (ALEXANDRIA COMMISSION ON DISABLED PERSONS), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
WHEREAS, the 1992 General Assembly added to Title 51.5 of the Virginia Code a new Chapter 10 comprised of sections 51.5-47 through 51.5-52 relating to the establishment of local disability services boards; and
WHEREAS, Virginia Code section 51.5-47 requires local governing bodies to create a permanent disability services board for their jurisdiction, and authorizes the designation of an existing board or commission to be the required board; and
WHEREAS, Alexandria City Council has determined that the Alexandria Commission for Disabled Persons, as constituted by Ordinance Number 3534, adopted on September 14, 1991, and reconstituted by this ordinance shall be renamed the Alexandria Commission on Persons with Disabilities and shall serve as the city's disability services board; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
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Section 1. That section 12-11-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:
Sec. 12-11-1 Creation of commission.
There is hereby established a commission to be known as the Alexandria Commission on Persons with Disabilities, hereafter referred to in this chapter as the commission. This commission is hereby designated the local disabilities services board of the city, in accordance with section 51.5-47 of the Code of Virginia (1950), as amended.
Section 2. That subsubsection (2) of section 12-11-2(a) of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:
(2) Members appointed by city council. The voting members of the commission appointed by city council shall be: one representative of the Alexandria Commission on Aging; two representatives of the business community, one from the Alexandria chamber of commerce and one at large; and 14 citizen members. A majority of the citizen members shall be persons with physical, visual or hearing disabilities.
Section 3. That section 12-11-4 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by amending subsection (f) and (g) and by adding a new subsection (h), to read as follows:
(f) to assist the city in identifying and obtaining outside funds for carrying out programs and projects developed or approved by the commission;
(g) to review and make recommendations to the mayor, city council and city manager on programs, policies and services that might remove barriers faced by persons with disabilities in housing, transportation, building access, public accommodations, employment, health, social services, credit and education; and
(h) to perform as the local disability services board, the duties set out in section 51.5-48 of the Code of Virginia (1950), as amended.
Section 4. That section 12-11-5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:
Sec. 12-11-5 Staff assistance.
Under section 51.5-47 of the Code of Virginia (1950), as amended, the Virginia department of rehabilitative services is to provide staff support to the commission. The director of human services shall be responsible for providing supplemental staff support to the commission to keep the commission's minutes, files and reports and to assist the commission in the exercise of its functions, and shall coordinate such support with that provided by the state under section 51.5-47 of the Code of Virginia (1950), as amended.
Section 5. That sections 12-11-1, 12-11-2, 12-11-4 and 12-11-5 of The Code of the City of Alexandria, 1981, as amended, as said sections are amended by this ordinance, be, and the same hereby are, reordained as part of The Code of the City of Alexandria.
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Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
30. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1993. (#16 12/8/92; ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated November 25, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 12/12/92, 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 Councilman Jackson, seconded by Councilwoman Pepper 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:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck left meeting
The ordinance finally passed reads as follows:
ORDINANCE NO. 3608
AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1993, which began on the first day of July 1992 and ends on the thirtieth day of June 1993.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances on or before June 30, 1992, but which are payable in fiscal year 1993, and further that the council does hereby allot the amounts so appropriated to the several municipal departments for fiscal year 1993, as follows:
GENERAL FUND
City Council $ 1,070
Affirmative Action/Human Rights/
Office on Women 3,862
Citizens Assistance 19,218
18th General District Court 70,088
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Commonwealth Attorney 2,165
Sheriff 31,863
Clerk of Courts 45,327
Other Correctional and Judicial 830
Court Services Unit 1,555
Financial and Information Services 308,930
Personnel 23,120
Planning and Community Development 34,302
City Attorney 3,965
Registrar of Voters 3,680
General Services 197,406
Transportation and Environmental Services 924,423
Fire 81,911
Police 280,715
Office of Housing 24,332
Mental Health/Mental Retardation/
Substance Abuse 110
Health 10,423
Human Services 535
Office of Historic Alexandria 51,376
Recreation and Cultural Activities 52,623
Non-Departmental 4,647
Total General Fund $2,178,476
ENTERPRISE FUND
Recycling Program $ 893
Total Enterprise Fund $ 893
EQUIPMENT REPLACEMENT RESERVE FUND
Sheriff 3,910
General Services 13,644
Transportation and Environmental
Services 1,075,610
Fire 424,540
Police 102,857
Mental Health/Mental Retardation/
Substance Abuse 3,225
Health 7,950
Recreation 11,022
Total Equipment Replacement Reserve
Fund $1,642,758
Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 1992, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1993, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Affirmative Action/Human Rights/
Office on Women $ 48,277
Sheriff 69,700
Fire 278,374
Housing 3,149,200
Mental Health/Mental Retardation/
Substance Abuse 21,230
Health 102,579
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Human Services $ 535,721
Historic Alexandria 135,668
Recreation 312,347
Total Estimated Revenue $4,653,096
APPROPRIATION:
Affirmative Action/Human Rights/
Office on Women $ 48,277
Sheriff 69,700
Fire 278,374
Housing 3,149,200
Mental Health/Mental Retardation/
Substance Abuse 21,230
Health 102,579
Human Services 535,721
Historic Alexandria 135,668
Recreation 312,347
Total Appropriation $4,653,096
Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1992, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1993, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Affirmative Action/Human Rights/
Office on Women $ 12,500
Commonwealth's Attorney 3,834
Sheriff -26,109
Housing 810,020
Mental Health/Mental Retardation/
Substance Abuse 176,973
Human Services 1,234,708
Historic Alexandria 8,645
Recreation -1,865
Library 11,815
Schools 84,200
Total Estimated Revenue $2,314,721
APPROPRIATION:
Affirmative Action/Human Rights/
Office on Women $ 12,500
Commonwealth's Attorney 3,834
Sheriff -26,109
Housing 810,020
Mental Health, Mental Retardation and
Substance Abuse 176,973
Human Services 1,234,708
Historic Alexandria 8,645
Recreation -1,865
Library 11,815
Schools 84,200
Total Appropriation $2,314,721
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Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1993, the source of such amount being the residual balances accumulated as of June 30, 1992, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1993, as follows:
ESTIMATED REVENUE:
Citizens Assistance $ 5,452
Affirmative Action/Human Rights/
Office on Women 74,530
Commonwealth's Attorney 865
Financial and Information Services 2,652
Personnel 81,000
Transportation and Environmental Services 43,128
Fire 5,155
Police 119,944
Mental Health/Mental Retardation/
Substance Abuse 9,267
Health 20,563
Human Services 61,317
Historic Alexandria 59,560
Recreation 318,170
Library 1,448
Non-Departmental 8,189
Total Estimated Revenue $ 811,240
APPROPRIATION:
Citizens Assistance $ 5,452
Affirmative Action/Human Rights/
Office on Women 74,530
Commonwealth's Attorney 865
Personnel 81,000
Financial and Information Services 2,652
Transportation and Environmental Services 43,128
Fire 5,155
Police 119,944
Mental Health/Mental Retardation/
Substance Abuse 9,267
Health 20,563
Human Services 61,317
Historic Alexandria 59,560
Recreation 318,170
Library 1,448
Non-Departmental 8,189
Total Appropriation $ 811,240
Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amount being donations whose revenues have been accepted and adjusted but not appropriated in fiscal year 1993, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1993, as follows:39
ESTIMATED REVENUE:
Library $ 1,875
Total Estimated Revenue $ 1,875
APPROPRIATION:
Library $ 1,875
Total Appropriation $ 1,875
Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1993, the source of such amount being undesignated General Fund Balance, and further that the Council does hereby allot the amount so appropriated, as follows:
GENERAL FUND
APPROPRIATION:
City Attorney $ 350,630
Total Appropriation: $ 350,630
Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amount being designated General Fund balance, and further that the council does hereby allot the amount so appropriated for fiscal year 1993, as follows:
GENERAL FUND
APPROPRIATION:
Transit Subsidies $ 933,869
Total Appropriation $ 933,869
Section 8. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
33. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to transfer article A of chapter 7, title 7 of the city code, which deals with the planning commission, to article 1 of the new Zoning Ordinance. (#19 12/8/92; ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.40
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland 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" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck left meeting
The ordinance finally passed reads as follows:
ORDINANCE NO. 3609
AN ORDINANCE to amend Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance by adding thereto a new Division D (CITY PLANNING COMMISSION), and to repeal Article A (CITY PLANNING COMMISSION) of Chapter 1 (PLANNING COMMISSION), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
Division D
City Planning Commission
Sec. 11-1500 Establishment and Authority.
Sec. 11-1501 Purpose and General Authority.
The planning commission is established to perform such duties as are set forth in, and exercised the authority conferred by, chapter 9 of the city charter, this ordinance and other applicable law. In general, the commission shall have such powers as may be necessary to enable it to fulfill its function, promote planning and carry out the purposes of this ordinance.
Sec. 11-1502 Composition of Planning Commission.
(A) The city planning commission shall consist of seven members, who shall be qualified resident voters of the city who hold no office of profit under the city government, appointed by the city council for terms of four years. The city manager shall designate an officer or employee to sit with the commission with the right to discuss and advise but without the right to vote. Vacancies shall be filled by council for the unexpired portion of the term.
(B) Members of the city planning commission shall serve as such without compensation, but may receive reimbursement for travel and expenses incurred by attendance at conventions, meetings and such other travel as they may perform in the interest of the City of Alexandria in the performance of the duties and activities of the planning commission.
(C) Any member of the planning commission may be removed from office by the city council after public hearing, of which such member shall receive at least 10 days notice in writing, for inefficiency, neglect of duty or malfeasance in office.41
Sec. 11-1503 Organization and Staff.
(A) The commission shall elect a chairman and vice-chairman from among its members, for a term of one year and appoint a secretary. The officers shall be eligible for reelection. The commission shall adopt rules for the transaction of its business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. The commission shall make an annual report to the council concerning its activities.
(B) The city manager may appoint such employees as the manager may deem necessary for the work of the commission and may enter into contracts with planners, engineers, architects and other consultants for services that the commission may require. All expenditures, exclusive of gifts to the commission, shall not exceed the sums appropriated by the city council therefore.
(C) All public officials shall, upon request, furnish to the commission within a reasonable time such available information as it may require for its work. The commission, its members, officers and employees in the performance of their duties may enter upon any land in the city and make examinations and surveys and place and maintain necessary monuments and markers thereon, and shall have the right to apply to an appropriate court for the issuance of a warrant for same.
Sec. 11-1504 Powers and Duties with Respect to Master Plan and Zoning.
(A) It shall be the duty of the commission to make and adopt a master plan which, with the accompanying maps, plats, charts, and descriptive matter, shall show the commission's recommendations for the development of the territory covered by the plan.
(B) The commission may adopt the plan as a whole by single resolution or may by successive resolutions adopt successive parts of the plan, said parts corresponding to major geographical sections or geographical or topographical divisions of the city or with functional subdivisions of the subject matter of the plan. The commission also may adopt any amendment or extension thereof or addition thereto and from time to time, at intervals not exceeding five years, shall prepare and submit to the council such changes in or revisions of said plan as changing conditions may make necessary.
(C) The commission shall the power to promote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or any report relating thereto, and may employ such other means of publicity and education as it may determine.
(D) It shall be the duty of the planning commission to prepare and submit to the council from time to time, at intervals not exceeding two years, such changes in or revisions of this ordinance as changing conditions may make necessary.
Sec. 11-1505 Miscellaneous Actions Requiring Planning Commission Approval.
(A) No street, square, park or other public way, ground or open space, or public building or structure shall be authorized or constructed in the city unless and until the general location, character and extent thereof has been submitted to and approved by the commission as being substantially in accord with the master plan.42
(B) No widening, extension, narrowing, enlargement, vacation or change in the use of any street, square, park and other public way, ground or open space place within the city, and no sale of any land held by the city, shall be authorized to take place unless and until such transaction has been submitted to and approved by the commission as being substantially in accord with the master plan.
(C) No public utility, whether publicly or privately owned, shall be authorized or constructed in the city unless and until its general location, but not its character and extent, has been submitted to and approved by the commission as being substantially in accord with the master plan.
(D) In case of disapproval by the commission in any of the instances enumerated above in this section, the commission shall communicate its reasons to the city council which shall not have the power to overrule such action except by a recorded affirmative vote of three-fourths of the members of the council.
(E) In any of the instances enumerated above in this section, the failure of the commission to act within 60 days from the date of the official submission to it shall be deemed approval.
(F) The foregoing provisions of this section shall not be deemed to apply to the pavement, repavement, reconstruction or improvement, to the laying of underground pipes and conduits for normal service extension or drainage, or to other similar work in or upon any existing street or other existing public way.
Sec. 11-1600 Meetings and Procedures.
Sec. 11-1601 Meetings.
The planning commission shall meet at least once each month at such time and place as may be designated. Special meetings shall be upon the call of the chairman consented to by a majority of the members.
Sec. 11-1602 Attendance of applicants.
(A) The applicant for any site plan, subdivision plat or special use permit approval, or for any change in zone boundaries, or for any vacation of or encroachment upon any public right-of-way, or an authorized representative of such applicant, shall appear at and attend, at the time and place designated, the public hearing on and the consideration of such application by the planning commission.
(B) In the event such applicant or representative fails to so appear and attend, the planning commission may deny and dismiss such application without prejudice to the right of the applicant to refile the application, or the commission may defer public hearing and consideration of such application until the next regularly scheduled meeting of the commission; provided, that the commission shall not defer public hearing and consideration of any application if deferral would result in the approval of the application by virtue of the inaction by the commission within the time provided by law for approval or denial of such application.
(C) If the commission defers an application, it shall cause written notice of the time and place of its next regularly scheduled meeting to be mailed, first class, postage prepaid to the applicant at the address indicated on the application form, not less than 10 days in advance of the date of such meeting, and the applicant or his representative shall appear and attend at the time and place designated in such notice. In the event the applicant or his representative fails to appear at and attend the deferred43
public hearing and consideration of such application, the application shall be denied and dismissed by the planning commission and the subject matter thereof shall not be considered by the commission or city council for a period of six months from the date of such denial and dismissal.
(D) Notwithstanding any provision in this ordinance to the contrary, no appeal shall lie to city council from the denial and dismissal of any application pursuant to the provisions of this section, and any application which has been so denied and dismissed by the planning commission shall forthwith be stricken from the city council docket.
(E) The director of the department of planning and community development shall append a statement setting forth the provisions of this section to all application forms to which this section is applicable.
Section 2. That Article A of Chapter 1, Title 7 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed.
Section 3. 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 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 are on judicial review, and to all applications which may be filed after such date.
PATRICIA S. TICER
Mayor
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
34. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to conform to the requirements of the Chesapeake Bay Local Assistance Board's decision finding the city's Chesapeake Bay preservation program to be in compliance with state law. (#21 12/8/92; ROLL-CALL VOTE)
(A copy of the City Attorney's memorandum dated December 1, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 12/12/92, 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 Councilman Jackson, seconded by Councilman Donley 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:
Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck left meeting
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3610
AN ORDINANCE to amend and reordain Sections 13-103 (DEFINITIONS), 13-105 (DESIGNATION OF CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT), 13-106 (INCORPORATION OF CBPA MAP), 13-107 (DEVELOPMENT AND USES PERMITTED IN RPAs), 13-109 (GENERAL PERFORMANCE REQUIREMENTS FOR DEVELOPMENT AND REDEVELOPMENT IN RPAs), 13-111 (STANDARDS FOR WATER QUALITY IMPACT ASSESSMENT), 13-115 (REQUIRED INFORMATION), 13-117 (STORMWATER MANAGEMENT PLAN), 13-118 (WATER QUALITY IMPACT ASSESSMENT), 13-121 (APPEALS) and 13-123 (DETERMINATION OF UNDUE HARDSHIP EXEMPTION), of Article XIII (ENVIRONMENTAL MANAGEMENT) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (H) of Section 13-103 of the City of Alexandria Zoning Ordinance be, and the same hereby is, repealed, and the subsection heading lettered (H) is reserved.
Section 2. That subsection (V) of Section 13-103 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(V) Water-Dependent Facility. A development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to: (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat docking facilities; (iv) beaches and other public water-oriented recreation areas, and (v) fisheries or other marine resources facilities.
Section 3. That paragraph (4) of Section 13-105(B) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(4) Tributary streambeds, not owned by the Commonwealth of Virginia; and
Section 4. That the CBPA Map, adopted by Section 13-106(A) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by:
1. Deleting in its entirety the RPA located north of Seminary Road and west of Quaker Lane in map quadrants F-6, F-7, G-6 and G-7.
2. Deleting in its entirety the RPA located along the railroad right-of-way south of Wheeler Avenue and west of South Quaker Lane, in map quadrants J-6, J-7, K-6 and K-7.
Section 5. That paragraph (1) of Section 13-107(C) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(1) construction, installation, operation and maintenance of electric, gas, and telephone lines, railroads and public roads constructed by VDOT or by or for the City of Alexandria in accordance with VDOT standards, and their appurtenant structures, in accordance with regulations promulgated pursuant to the Erosion and Sediment Control Law (sections 10.1-560 et seq. of the Code of Virginia and the Stormwater Management Act (sections 10.1-603.1 et seq. of the Code of Virginia); an erosion and sediment control plan and a stormwater management plan approved by the Department of Conservation and Recreation or by the City of Alexandria under local water quality
45
of Alexandria under local water quality protection criteria at least as stringent as the above state requirements shall be deemed to constitute compliance with these regulations;
Section 6. That paragraphs (6) and (7) of Section 13-109(A) of the City of Alexandria Zoning Ordinance be, and the same hereby are, amended, and further that said Section 13-109(A) be, and the same hereby is, amended by adding thereto a new paragraph (8), all to read as follows:
(6) the non-water dependent portion of a development encompassing both a RPA and RMA is located outside of a RPA;
(7) access for development or redevelopment is provided with the minimum disturbance necessary; where possible, only a single point of access shall be provided; and
(8) the regulated activity is consistent with the 1992 Master Plan for the City of Alexandria, Virginia.
Section 7. That subparagraph (a) of Section 13-109(B)(3) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(a) The buffer may be reduced to 50 feet if the director of transportation and environmental services determines that a combination of a smaller buffer and appropriate BMPs located landward of the buffer achieves a 75% reduction of sediment and 40% reduction in nutrients and achieves water quality protection, pollutant removal and water resource conservation.
Section 8. That subparagraph (i) of Section 13-111(A)(2) of the City of Alexandria Zoning ordinance be, and the same hereby is, repealed, and further that subparagraph (h) of said Section 13-111(A)(2) be, and the same hereby is, amended to read as follows:
(h) proposed revegetation of disturbed areas will provide adequate erosion and sediment control benefits as determined by the director of transportation and environmental services.
Section 9. That paragraph (6) of Section 13-115(A) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(6) For all development or redevelopment within an RPA, or within an environmentally sensitive area as determined by the director of transportation and environmental services pursuant to section 13-118(C) or 13-118(D), or for an exception under section 13-120, a Water Quality Impact Assessment as detailed in section 13-118.
Section 10. That subsection (G) of Section 13-117 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(G) All engineering calculations must be certified by a professional engineer or a licensed class IIIB surveyor and performed in accordance with procedures, consistent with good engineering practice, established by the director of transportation and environmental services pursuant to section 13-104(C).
Section 11. That the flush language of subsection (c) of Section 13-118 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(C) A Water Quality Minor Impact Assessment is required for development or redevelopment within RPAs or under an exception which involves 5,000 or less square feet of land disturbance; or46
for any development or redevelopment within the RMA which involves 5,000 or less square feet of land disturbance adjacent to an RPA, if required by the director of transportation and environmental services due to the presence or proximity of wetlands, potential for harmful discharge of contaminants from the property, or slopes greater that 15 percent which are proposed to be disturbed. A minor impact assessment shall demonstrate, through acceptable calculations, that the remaining buffer area and necessary BMPs will result in removal of 75% of sediments and 40% of nutrients from post-development/redevelopment stormwater runoff. Such an assessment shall include a site plan which shows the following:
Section 12. That the flush language of subsection (D) of Section 13-118 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(D) A Water Quality Major Impact Assessment is required for development or redevelopment within RPAs or under an exception which involves more than 5,000 square feet of land disturbance; or for any development or redevelopment within the RMA which involves more than 5,000 square feet of land disturbance adjacent to an RPA, if required by the director of transportation and environmental services due to the presence or proximity of wetlands, potential for harmful discharge of contaminants from the property, or slopes greater than 15 percent which are proposed to be disturbed. The following elements shall be included in a water quality major impact assessment:
Section 13. That Section 13-121 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (E) to read as follows:
(E) Notwithstanding the provisions of subsections (A) through (D) above, an applicant or any aggrieved party who elects to appeal shall appeal the director's decision of approval or disapproval of a stormwater management plan application by filing a notice of appeal with the director within 30 days after service of such decision. The filing of such notice and proceedings thereafter, shall be governed by Part 2A of the Rules of the Supreme Court of Virginia, and judicial review shall be had in the Circuit Court of the City of Alexandria on the record previously established, and shall otherwise be in accordance with the Administrative Process Act, Virginia Code sections 9-6.14:1 et seq.
Section 14. That subsection (G) of Section 13-123 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(G) In granting an exemption pursuant to this section 13-123, the director of transportation and environmental services shall require that the previously approved development comply with the provisions of this article XIII to the maximum extent feasible, and the director may specify any conditions and safeguards deemed necessary to further the purpose and intent of this article.
Section 15. That Sections 13-103, 13-105, 13-106, 13-107, 13-109, 13-111, 13-115, 13-117, 13-118, 13-121 and 13-123 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.47
Section 16. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for development review provided for under Article XIII of the City of Alexandria Zoning Ordinance, which on such date are pending before any city department, agency or board, or before city council, or are on judicial review, and to all applications which may be filed after such date.
PATRICIA S. TICER
Mayor
Introduction: 12/8/92
First Reading: 12/8/92
Publication: 12/10/92; 12/11/92
Public Hearing: 12/12/92
Second Reading: 12/12/92
Final Passage: 12/12/92
36. Consideration of resolution regarding the salary for the City Manager, the City Attorney and the City Clerk. ROLL-CALL VOTE)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck left meeting
The resolution reads as follows:RESOLUTION NO. 1630
WHEREAS, the City Council believes that salaries and benefits for the City officers and employees should be maintained at levels that are competitive in the Washington, D.C., metropolitan labor market;
WHEREAS, for fiscal year 1993, eligible City employees have been provided merit increases of approximately 5 percent;
WHEREAS, City Council has conducted performance evaluations of the City Manager, City Attorney and City Clerk, and, based on those evaluations, has determined that these individuals should receive 5 percent merit increases in fiscal year 1993;
WHEREAS, sufficient monies have been provided in the approved fiscal year 1993 operating budget to provide for these increases and for the salaries and payments described below;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF ALEXANDRIA, VIRGINIA
1. That, effective July 1, 1992, and until revised by City Council, the City Manager's annual salary shall be $103,441, which reflects a 5 percent merit increase in her fiscal year 1992 salary.48
2. That, effective July 1, 1992, and until revised by City Council, the City Attorney's annual salary shall be $96,229, which represents no change from his fiscal year 1992 salary; and that, effective July 1, 1992, and until revised by Council, the sum of $4,800 (representing approximately 5 percent of the City Attorney's salary) in deferred compensation shall be paid annually, on behalf of the City Attorney, to the International City Management Association Retirement Corporation, unless the City Attorney elects to receive this sum, or a portion thereof, directly as salary.
3. That, effective July 1, 1992, and until revised by City Council, the City Clerk's annual salary shall be $60,925, which reflects a 5 percent merit increase in her fiscal year 1992 salary.
OTHER
37. Consideration of a Regional Contract for Cooperative Jailing of Offenders of the City of Alexandria and the City of Falls Church by the County of Arlington.
(A copy of the City Manager's memorandum dated December 11, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 12/12/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the City Manager's recommendation and approved the agreement made among the County of Arlington and the Cities of Alexandria and Falls Church and their Sheriffs for the cooperative jailing of offenders in the new Arlington County Jail. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck left meeting
THEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution authorizing the City Manager to execute the regional contract on behalf of the City and requesting state funding for the Arlington County Jail. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck left meeting
The resolution reads as follows:RESOLUTION NO. 1631
WHEREAS, the City of Alexandria, Virginia, the City of Falls Church, Virginia, the County of Arlington, Virginia, and the Sheriffs of the aforenamed jurisdictions, under the provisions of Virginia Code § 53.1-82, have determined to enter into a regional contract for the cooperative detention and confinement of certain categories of offenders from the City of Alexandria and the City of Falls Church in a new jail to be owned by the County of Arlington and operated by the Arlington County Sheriff; and49
WHEREAS, on December 12, 1992, the City Council of Alexandria, Virginia, has approved this regional contract on behalf of the said city; and
WHEREAS, it is necessary and proper that the City Manager be authorized to act on behalf of the City of Alexandria with respect to this contract, to execute all necessary documents, and perform all other necessary and proper acts in connection with the contract;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Alexandria, Virginia, hereby authorizes the City Manager to execute the regional contract on behalf of the City of Alexandria, and to execute all additional documents and perform all other acts which may be necessary and proper in furtherance of the contract.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL CONSENT CALENDAR 38 - 46
38. STUDY #92-05 - Public Hearing and Consideration of a study to address the status of doctors and dentists who operated as home occupations under the previous zoning code and who were not in compliance with that code when the new zoning ordinance was adopted on June 24,1992. Staff: Planning and Community Development, Sheldon Lynn, Director.
COMMISSION ACTION: Recommend Referral to Staff
for Text Amendment 7-0
39. 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; zoned POS, Public Open Space. Applicant: City of Alexandria, by Mark H. Fields.
COMMISSION ACTION: Recommend Deferral to January Hearing
7-0. Reason: To permit applicant time to work with staff.
40. 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; zoned POS, Public Open Space. Applicant: City of Alexandria, Department of General Services.
COMMISSION ACTION: Recommend Deferral to January Hearing
7-0. Reason: To permit applicant time to work with staff.
41. 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 Deferral to January Hearing
7-0. REASON: To permit staff time to review new information.50
42. 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 Deferral to January Hearing 7-0.
REASON: To permit applicant time to resolve design issues.
43. 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 proffers, 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 at Request
of Applicant
44. 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: Deferred by Staff Prior to Hearing
REASON: Applicant failed to send proper legal notices
45. SUP #1686-D - Public Hearing and Consideration of a request for a Special Use Permit to add tire sales and to change the ownership and hours of operation of the automobile sales business located at 725 North Henry Street; zoned CSL, Commercial Service/Low. Applicant: Giant Used Tires, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing
46. SUP #2619 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant with delivery service located at 3225 Duke Street, Unit 32, within the Hechinger Commons Shopping Center; zoned CG, Commercial General. Applicant: Pizza Hut of Washington, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing
END OF DEFERRAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried on a vote of 6-to-0, City Council noted the deferrals, referral, and withdrawals. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Pepper "aye"
Jackson "aye" Rich "aye"
Speck left meeting
51
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland, Councilwoman Pepper, and Councilman Jackson and carried on a vote of 6-to-0, at 5:55 p.m., the Public Hearing Meeting of Saturday, December 12, 1992, was adjourned. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Ticer "aye"
Pepper "aye" Rich "aye"
Speck left meeting
APPROVED BY,
_____________________________
PATRICIA S. TICER MAYOR
ATTEST:
_____________________________
Beverly Jett, CMC City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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