Public Hearing Meeting
Saturday, May 15, 1993 - - 9:00 am
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Bell, City Engineer; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Mr. Platky, Deputy Director of Management and Budget; Ms. Ross, Deputy Director of Planning and Community Development; Mr. Moore, Division Chief, Planning and Community Development; Mr. Young, Division Chief, Office of Housing; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
WITHOUT OBJECTION, the City Manager introduced the new Fire Chief, Tom Hawkins, who comes to us from Arlington County.
(a) John H. (Jack) Sullivan, 4300 Ivanhoe Place, president, No Gridlock!, spoke regarding the RF&P rejection of the offer made by council in December 1992. He stated that at that time Council said drop your lawsuits to the RF&P and we will increase your allowable densities for development from 9 to 12 million square feet. Clearly that offer has been rejected by RF&P. He stated that they want access to the Parkway and a new mix of development rights on Potomac Greens. He indicated that at the same time, the three lawsuits are still out there. One is likely to be decided by the U.S. District Court, perhaps within this month. He indicated that Council put no time limit on the dropping of the suits, but it is, or should be clear, that the RF&P is not going to take Council's offer. If any Council Members have evidence to the contrary, or if City staff knows something that he doesn't know, he would certainly appreciate being told about it and indicated that the citizens of the City would as well. Mr. Sullivan offered some recommendations for City Council action. First, if seems likely the U.S. District Court rules against the City on the Potomac Greens case, the City should appeal. He assured Council that No Gridlock! and other civic organizations would come with Council. Second, put a time limit on the offer. It has been pending now for six months
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without result. One more month, perhaps June 15, should be more than enough to put the RF&P on notice unless it drops all suits by that date, the development number reverts or stays as it is, 9 million square feet. And third, the City should write every member of the legislature to acquaint them with the facts of this story.
(A copy of verbatim transcript of Mr. Sullivan's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (a); 5/15/93, and is incorporated herewith as part of this record by reference.)
Members of City Council participated in the discussion. Council requested a chronology and time line of events that have transpired on this issue. Council also requested that a letter should be written to the members of the General Assembly on this issue. A work session should be set up soon with the Park Service.
The City Manager stated that staff will pull all the information together with respect to a chronology and time line of the events that have taken place in the past. The Manager also indicated that staff is working on a letter to the General Assembly and will have it for review some time next week. She suggested that we do set up a work session with the Park Service with regard to this matter.
(b) John Chapman Gager spoke during this period.
(c) Claire Heffernan, 211 South Royal Street, president, Save the George Washington Parkway, made a brief statement for the record regarding the Planning Commission decision to defer consideration of the RF&P proposed amendments to the railyard small area plan. She stated that they are in full accord with Jack Sullivan's statement from No Gridlock! She indicated that her group has urged the delay in order to study the RF&P generated traffic figures. In fact, they are ready to retain their own traffic consultant because they believe the City needs an impartial study. She stated that the recent Park Service position demanding an interchange or compensation for lack of one was an unexpected development which has confused matters and deserves examination. She indicated that the group was very grateful that the Planning Commission decided to defer decision on the RF&P amendments as a result to this Park Service proposal.
(A copy of verbatim transcript of Ms. Heffernan's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (c); 5/15/93, and is incorporated herewith as part of this record by reference.)
(d) Dara A. Schumaier, 403 E. Custis Avenue, president, Del Ray Citizens Association, announced that the "On The Avenue Block Party" will be held on Saturday, May 22, 1993, from noon until 6:00 p.m. on Mt. Vernon Avenue. Everyone is invited.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 16
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 3(c), 4, and 15 from the Action Consent Calendar and considered them under separate motions.
FOUNDRY DEVELOPMENT REZONING, VACATION & PROJECT
APPROVALS
3. (a) TA #93-010 - Public Hearing and Consideration of an amendment to Article V (Mixed Use Zones), Section 5-600 (Coordinated Development Districts Created, Consistency with Master Plan, Required Approvals) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of increasing the CDD Special Use Permit building heights in CDD #3 (Cameron Center) from 200 feet, with a maximum average of 150 feet, to 225 feet, with a variety of building heights.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(a); 5/15/93, and is incorporated herewith as part of this record by reference.)
3. (b) VACATION #93-002 - Public Hearing and Consideration of a request for vacation of a portion of the Mill Road public street right-of-way located near 2901 Eisenhower Avenue and 233 Telegraph Road; zoned CDD, Coordinated Development District. Applicant: Alexandria Research Center Limited Partnership, c/o Metropolitan Asset Management, Inc., by Harry P. Hart, attorney, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(b); 5/15/93, and is incorporated herewith as part of this record by reference.)
5. SUP #1732-D - Public Hearing and Consideration of a review of a Special Use Permit for the full-service and carry-out restaurant located at 2018 Mount Vernon Avenue; zoned CG, Commercial General. Applicant: Robert Wan (Lilly's Cafe).
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/15/93, and is incorporated herewith as part of this record by reference.)
6. SUP #2309-C - Public Hearing and Consideration of a review of a Special Use Permit for the full-service and carry-out restaurant located at 3250 Duke Street; zoned CG, Commercial General. Applicant: Nematollah Sadeghi.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/15/93, and is incorporated herewith as part of this record by reference.)
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7. SUP #2571-A - Public Hearing and Consideration of a review of a Special Use Permit for the automobile rental agency with automobile storage located at 512 South Van Dorn Street, Unit C, within the Van Dorn Station Shopping Center; zoned CG, Commercial General. Applicant: Enterprise Rent-A-Car, by Nan E. Terpak.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/15/93, and is incorporated herewith as part of this record by reference.)
8. TA #92-035 - Public Hearing and Consideration of an amendment to Article VIII (Off-Street Parking and Loading), Section 8-200(A) (Schedule of Requirements), Subsection (1) (Single-Family Detached, Two-Family and Row or Townhouse Dwellings) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of adding the W-1/Waterfront Mixed Use Zone to the list of other zones (R-2-5, RA, RB and RM zones) which require access to parking from an alley or interior court for single-family, two-family and townhouse dwellings; a minor editorial change to this section of the ordinance; and the addition of a new section to the ordinance, Section 8-200(F)(5), to exempt existing single-family, two-family, and townhouse dwellings (built when only one parking space per dwelling was required) from being considered noncomplying by virtue of their lack of a second parking space required by the new zoning ordinance. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/15/93, and is incorporated herewith as part of this record by reference.)
9. SUP #2253-E - Public Hearing and Consideration of amendments to Special Use Permit #2253-D to Conditions #54, #60, and #62 to increase by 5,000 square feet the total amount of development allowed in the Carlyle project located south of Duke Street, west of Holland Lane, north of Eisenhower Avenue, and east of Mill Road, for the purpose of expanding the "Lipnick" elderly housing building from 100,000 gross square feet to 105,000 gross square feet; zoned CDD #1, Coordinated Development District. Applicant: Carlyle Development Corporation, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/15/93, and is incorporated herewith as part of this record by reference.)
10. SUP #2289-B - Public Hearing and Consideration of a one- (1) year extension to Special Use Permit #2289 to recommence construction of a development known as the Alexandria Business Center. The development was approved as a Transition Special Use Permit to construct 484,460 square feet of warehouse and office space on 30.14 acres (1,312,748 square feet) located at 116 South Quaker Lane; zoned I, Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
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(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/15/93, and is incorporated herewith as part of this record by reference.)
11. SUP #2677 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 951 North Fairfax Street; zoned OCM-50, Office Commercial Medium. Applicant: Ya Ali, Inc.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/15/93, and is incorporated herewith as part of this record by reference.)
12. SUP #2692 - Public Hearing and Consideration of a request for a Special Use Permit to operate a live theatre and a commercial school for theatrical instruction located at 1814—1816 Duke Street; zoned CDD #1, Coordinated Development District; OC, Office Commercial. Applicant: American Showcase Theatre Company, by Carolyn Griffin.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/15/93, and is incorporated herewith as part of this record by reference.)
13. SUP #2693-A - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage for light automobile repair (a non—complying use), located at 722 North Henry Street; zoned CRMU-M, Commercial Residential Mixed Use--Medium. Applicant: Catoctin Circle Auto, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7—0.
14. SUP #2693-B - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage for light automobile repair (a non-complying use), located at 1106 Madison Street; zoned CRMU-M, Commercial Residential Mixed Use-Medium. Applicant: Catoctin Circle Auto, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 13 and 14; 5/15/93, and is incorporated herewith as part of this record by reference.)
16. ENCROACHMENT #93-003 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a wall sign located at 606 North Washington Street; zoned OC, Office Commercial. Applicant: Society for Human Resource Management, by Ellis and Associates.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/15/93, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENTCALENDAR
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the Action Consent Calendar with the exception of Item Nos. 3(c), 4 and 15 which were considered under separate motions. The Planning Commission recommendations are as follows:
3. (a) City Council approved the recommendation of the Planning Commission and approved Text Amendment 93-10 with amendments.
3. (b) 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 #1; the Mayor subsequently appointed Jean Caldwell, Chair, Amoret Bunn and Gloria Greene as Viewers. [NOTE: Gloria Greene could not serve; therefore, the Mayor appointed Ann Gallagher to replace Mrs. Greene.]
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 request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #13.
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 text amendment.
9. City Council approved the recommendation of the Planning Commission and approved SUP 2253-E, subject to compliance with all codes and ordinances, and the staff conditions.
10. City Council approved the recommendation of the Planning Commission and approved SUP 2289—B, subject to compliance with all codes and ordinances, and the amended staff conditions.
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #3.
12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
13. & 14. City Council approved the recommendation of the Planning Commission and approved the requests, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #11.
16. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
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The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
3. (c) CDD #3 (CAMERON CENTER)- -APPLICATION #93-1
SUP #2663 - Public Hearing and Consideration of a request for the following approvals in conjunction with the Foundry development project:
Coordinated Development District #3 (Cameron Center) - -
Application_#93-01
Coordinated Development District (CDD)
Conceptual Development Plan
SUP #2663
a. CDD Preliminary Development Plan
b. Transportation Management Plan
The project contains 1,017,400 gross square feet of space consisting of up to 938 multi-family residential units, including a building providing assisted life care for the elderly, a 100-seat restaurant, 27,250 square feet of retail space and 9,250 square feet of office space. The property, known as the "Foundry Site," is located at 2901 Eisenhower Avenue and 233 Telegraph Road, and contains 7.281 acres of lot area. The property is zoned CDD #3, Coordinated Development District, Cameron Center. Applicant: Alexandria Research Center Limited Partnership, Walter C. Robbins, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(c); 5/15/93, and is incorporated herewith as part of this record by reference.
A copy of a letter dated May 14, 1993, from Mr. Hart, attorney for the applicant, together with suggested amendment, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3(c); 5/15/93, and is incorporated herewith as part of this record by reference.
A copy of a letter dated May 14, 1993 from Mr. Hart, attorney for the applicant, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 3(c); 5/15/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Harry P. Hart, 307 N. Washington Street, attorney representing the applicant, spoke in support.
General Discussion. Members of City Council, Mr. Lynn, Director of Planning and Community Development, the City Manager, and Mr. Hart participated in the discussion.
The City Manager stated that staff will develop a uniform policy with respect to the City's development policy and report back to Council.
Walter C. Robbins, applicant, thanked Council for its action.
Councilman Speck stated that he intended to abstain from this vote.)
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WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the SUP 2663, subject to compliance with all codes and ordinances and with the amended staff conditions; and City Council amended Condition R-9 to read: "R-9 Make contribution of $93,800 ($100 x 938 residential units) towards the Eisenhower Avenue Improvements Fund per City's Development Policy before release of building permits. (T&ES)" The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "abstain"
4. TA #92-030 - Public Hearing and Consideration of text amendments to Article VII (Supplemental Zone Regulations), Section 7-1200 (Utilities), Subsection 7-1202 (Special Use Utilities), of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of eliminating the special use permit requirement for freestanding pad-mounted transformers, and changing the term "static transformer stations" to "electric power substations." Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/15/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Sunderland's memorandum dated May 12, 1993, together with a copy of Virginia Power's letter dated May 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 5/15/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Robert J. Webster, 304 S. Lee Street, member of the Ad Hoc Electromagnetic Fields Committee, spoke to the three conditions of Mr. O'Kane's and recommended that Council add the fourth condition set forth in Mr. O'Kane's memorandum dated April 6, 1993.
Councilman Jackson also spoke to this issue.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the text amendment and incorporated a recommendation to Mr. O'Kane and his staff for the four items as they had been read this morning [the three in Mr. O'Kane's memorandum dated December 22, 1992, and the additional item #4 listed in Mr. O'Kane's memorandum dated April 6, 1993, to be incorporated in the City's decision in working with the Power Company to find locations for the transformers. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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15. SUP #2694 - Public Hearing and Consideration of a request for a Special Use Permit to construct four (4) semi-detached dwelling units to be used for faculty housing by the existing high school located at 1200 North Quaker Lane; zoned R-20, Residential. Applicant: Episcopal High School, by Paul Wilder.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/15/93, and is incorporated herewith as part of this record by reference.)
(Councilman Speck directed questions to Mr. Lynn, Director of Planning and Community Development, and the City Manager.
Mr. Richard Yarborough, Treasurer, Episcopal High School, was available to answer questions.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland 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:
Donley "aye" Ticer "aye"
Pepper ''aye" Jackson ''aye''
Cleveland "aye" Rich "aye"
Speck "aye"
REPORTS AND RECOMMENDATIONS OP THE CITY MANAGER
17. Public Hearing and Consideration of Possible Legislation Requiring Protective Bicycle Helmets. (Councilmen Donley and Speck)
(A copy of the City Manager's memorandum dated May 13, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/15/93, and is incorporated herewith as part of this record by reference.
A copy of a letter dated May 7, 1993, from representatives of Alexandria Hospital, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 5/15/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Jack W. Scheible, Jr., 471 N. Armistead Street, #14, spoke against requiring protective bicycle helmets.
Members of City Council participated in the discussion of this item and requested information regarding statistics on the number of people who have received head injuries relating to bicycle accidents.)
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WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried unanimously, City Council deferred action and continued the public hearing to the June 12 public hearing meeting and requested staff to send out notices to PTAS, civic groups, and the Clerk's mailing list in order to let them know that the item will be coming up. The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
18. Public Hearing and Consideration of Housing Needs for the Five-Year Comprehensive Housing Affordability Strategy (CHAS) for October 1993 through September 1998.
(A copy of the City Manager's memorandum dated May 11, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/15/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on the item:
J. Donald Edwards, 5851 Quantrell Avenue, #310, representing the Commission on Aging, spoke; a copy of Mr. Edwards' statement is on file in the office of the City Clerk and Clerk of Council, Marked Exhibit No. 2 of this item;
Loyd LaMois, 720 N. St. Asaph Street, Chair, Community Services Board, spoke; a copy of Mr. LaMois' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item; and
B. Bryan Kelleher, 605 S. Lee Street, representing Carpenter's Lodgings, spoke; a copy of Mr. Kelleher's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item.
General Discussion. The Mayor and Members of City Council, the City Manager and Ms. Davis, Director of Housing, participated in the discussion on this item.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried unanimously, City Council received the report and announced that a public hearing will be held in October once the revised CHAS is submitted and out in September. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich "aye"
Speck "aye"
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
WITHOUT OBJECTION, City Council considered Docket Item Nos. 19 and 20 together.
19. SUP #2431-F - Public Hearing and Consideration of a request for a Special Use Permit to provide outdoor seating and to waive the required off-street parking for the proposed outdoor seating for the existing restaurant known as the Del Ray Cafe located at 1603 Commonwealth Avenue; zoned CL, Commercial Low. Applicant: Bruce Betzel/Del Ray Cafe, Inc., by Warren L. Almquist, architect.
COMMISSION ACTION: Recommend Denial 5-2.
20. SUP #2431-G - Public Hearing and Consideration of a request for a Special Use Permit to extend the hours of operation of the existing full-service restaurant known as the Del Ray Cafe located at 1603 Commonwealth Avenue; zoned CL, Commercial Low. Applicant: Bruce Betzel/Del Ray Cafe, Inc., by Warren L. Almquist, architect.
COMMISSION ACTION: Recommend Denial 7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 19 and 20; 5/15/93, and is incorporated herewith as part of this record by reference.
Copies of communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item Nos. 19 and 20; 5/15/93, and are incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Warren L. Almquist, 201 E. Monroe Avenue, architect representing applicant, spoke in support;
Members of Council asked questions of Mr. Almquist.
Scott Hodge, 415 E. Nelson Avenue, spoke in support;
Dara A. Schumaier, 403 E. Custis Avenue, president, Del Ray Citizens Association, spoke in support of outdoor seating being on the Monroe Street side and could not support the increase in hours at this time;
Kurt A. Wimmer, 22 W. Spring Street, spoke in support;
Jay Farrah, 1618 Commonwealth Avenue, spoke against;
Jamie D. Griffin, 1307 Hancock Avenue, spoke in support;
Ellen Gomez, 1612 Commonwealth Avenue, spoke against;
John F. Crossley, 1307 Hancock Avenue, spoke in support;
Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke against;
Mark Bowers, 317 E. Nelson Avenue, spoke in support;
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James Stengell, 1603 Commonwealth Avenue, spoke in support;
Charles B. Coyer, 1610 Commonwealth Avenue, spoke in support;
David H. Betzel, 12608 Builders Road, Herndon, VA, spoke in support; and
Laurel Bryant, 415 E. Nelson Avenue, spoke in support.)
19. & 20. WHEREUPON, a motion was made by Councilman Speck, seconded by Council Member Rich that City Council approve the requests subject to compliance with all applicable codes, ordinances and staff conditions with the following changes: (1) delete Condition #7 since it appears to be no longer necessary; (2) modify Condition #16 to revert back to the current hours of operations, which would be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, 6:00 a.m. to 11:30 p.m., Friday and Saturday; (3) Condition #17 would add the language that includes "with design plans subject to the approval of the Director of Planning.", and explicitly in that condition it is the plan that is submitted now with outdoor dining on the Commonwealth and Monroe Avenue side to be allowed subject to the design plans approved by the Director of Planning; (4) draw your obvious attention to Condition #19 which limits the hours of operation on the outdoor dining to close at 9:30 p.m.; (5) change Condition #23 to read: "23. The special use permit shall be reviewed in six months from date of City Council approval."; and draw applicant's attention to Condition #1 concerning granting this permit to only this current applicant and that it be absolutely clear that these conditions apply to this owner and no other representation should be made to anyone else.
THEREUPON, a motion was made by Council Member Rich, seconded by Councilman Jackson to amend the main motion that the outdoor seating be on the Monroe Avenue side; which motion FAILED on a vote of 3 "ayes" to 4 "noes". The voting was as follows:
Rich "aye" Cleveland "no"
Jackson "aye" Donley "no"
Ticer "no" Pepper "aye"
Speck "no"
WHEREUPON, a motion was made by Council Member Rich, seconded by Councilman Jackson to amend the main motion to reduce the number of seats from 40 to 30 as recommended by the Del Ray Citizens Association; which motion FAILED on a vote of 2 "ayes" to 5 "noes". The voting was as follows:
Rich "aye" Cleveland "no"
Jackson "aye" Donley "no"
Ticer "no" Pepper "no"
Speck "no"
THEREUPON, Councilman Donley offered an amendment to the main motion that Council change Condition #19 to read: "#19 The hours of operation for outdoor seating shall be limited to 8:00 a.m. to 9:30 p.m., Monday through Friday, and 9:30 a.m. to 9:30 p.m. on Saturday and Sunday, further outdoor dining should be cleared of all diners by 9:30 p.m. and that the area should be cleaned and washed before 10:00 p.m.; which amendment was accepted by the maker, Councilman Speck, who stated that we may want to play with that language slightly, but the clear intent is that the diners are done and gone by 9:30 p.m. and that the area be cleaned by 10:00 p.m.
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(General Discussion. Members of City Council participated in the discussion.
Councilman Jackson stated in general, the agreement that Council is giving here concerning the closing time as opposed to, I guess what we are basically saying is that the normal rule that applies to most restaurants is not going to apply to the outside eating area of this restaurant. Councilman Speck had asked for agreement on part of Council. Councilman Jackson indicated that since he is not voting in favor of this he stated he doesn't really have to agree on that point. And, he doesn't agree on that point. Councilman Jackson stated that he is not trying to be inconsistent or difficult in this regard; but Council went through a lot to hammer out the policy or the philosophy that allowed for an hour after people were seated. He stated that he thinks that he, in general, does support that. Councilman Jackson's problems with supporting this particular motion are centered on the individual issue which is before Council now. He indicated that he would not be supporting the applicant's request for the outside dining for reasons that he thinks that he and other people have made clear in the public hearing. But, in terms of the general closing rule as it applies to restaurants throughout the City, he has supported in the past Council's decision to allow that hour, and even if he was in favor of this general motion, he would not be willing to make that particular concession on this issue. Councilman Jackson would move instead to have another closing hour or to have a cleaning hour that would be later and it is only on that minor point that he wishes to go on record.)
WHEREUPON, Mayor Ticer removed herself from the chair and moved an amendment to the main motion to amend the hours from 10:00 p.m. to 11:00 p.m. on weekdays, Sunday through Thursday; which motion FAILED for lack of a second.
THEREUPON, a motion was made by Mayor Ticer, seconded by Councilwoman Pepper to amend the main motion to amend the hours from 11:30 p.m. to 12:00 a.m. on weekends, Friday and Saturday; which motion FAILED on a vote of 3 "ayes" to 4 "noes". The voting was as follows:
Ticer "aye" Donley "no"
Pepper "aye" Jackson "no"
Cleveland "aye" Rich "no"
Speck "no"
19. & 20. WHEREUPON, Council returned to the main motion, as amended, which motion was made by Councilman Speck, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council approved the requests subject to compliance with all applicable codes, ordinances and staff conditions with the following changes: (1) delete Condition #7 since it appears to be no longer necessary; (2) modify Condition #16 to revert back to the current hours of operations, which would be 7:00 a.m. to 10:00 P.M., Sunday through Thursday, 6:00 a.m. to 11:30 p.m., Friday and Saturday; (3) Condition #17 would add the language that includes "with design plans subject to the approval of the Director of Planning.", and explicitly in that condition it is the plan that is submitted now with outdoor dining on the Commonwealth and Monroe Avenue side to be allowed subject to the design plans approved by the Director of Planning; (4) change Condition #19 to read: "# 19. The hours of operation for outdoor seating shall be limited to 8:00 a.m. to 9:30 p.m., Monday through Friday, and to 9:30 a.m. to 9:30 p.m. on Saturday and Sunday, and further [that] outdoor dining should be cleared of all diners by 9:30 p.m. and that the area should be cleaned and washed before 10:00 p.m."; (5) changed Condition #23 to read: "23.
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The special use permit shall be reviewed in six months from date of City Council approval."; and drew applicant's attention to Condition #1 concerning granting this permit to only this current applicant and that it be absolutely clear that these conditions apply to this owner and no other representation should be made to anyone else. The voting was as follows:
Speck "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "no"
Pepper "aye"
Councilman Speck stated that several months ago Council was talking about in the context of some complaints about special use permits, about clarifying the process by which someone is not only aware of what the terms and conditions of the permit are, but what steps are taken and what time frames operate when someone does have a complaint. He would like to have a staff report on this before the summer recess.
Whereupon, at 12:40 p.m., City Council recessed for lunch and its work session in the City Council Workroom during the lunch break to discuss proposal regarding restaurants in the Old Town Small Area Plan and from the Potomac River to the King Street Metro Station.
(Materials pertaining to the above work session are on file in the office of the City Clerk and Clerk of Council and are made a part of the record by reference.)
(General Discussion. The City Manager, Charles Huettner, representing the Old Town Civic Association, Gordon King, representing the Old Town Restaurants, Sarah Becker, representing the Inner City Civic Association, George Ellmore, and Mr. Lynn, Director of Planning and Community Development, participated in the discussion. The Mayor and Members of City Council participated in the discussion and asked questions.
A discussion item will be docketed for the May 25, 1993 City Council Meeting.)
Whereupon, at 2:30 p.m., the meeting was reconvened and the following transpired:
WITH UNANIMOUS CONSENT, City Council considered Docket Item Nos. 22, 23, 24 and 29 out of order.
22. SUP #2441-C - Public Hearing and Consideration of a review of a Special Use Permit for the automobile repair garage located at 110 South Floyd Street; zoned I, Industrial.
Applicant: Olympic Auto Body and Painting, by Tam T. Nguyen.
COMMISSION ACTION: Recommend Denial and Revocation.
7-0.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/15/93, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 22; 5/15/93, and are incorporated herewith as part of this record by reference.)
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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 unanimously, City Council approved the recommendation of the Planning Commission and denied and revoked the special use permit. The voting was as follows:
Jackson "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
23. TA #93-013 - Public Hearing and Consideration of amendments to Article IV (Commercial, Office and Industrial Zones), Section 4-1200 (I/Industrial Zone), Subsection 4-1203 (Special Uses) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of adding retail to the Industrial Zone as a special use, and to correct a typographical error. Staff: Department of Planning and community Development.
COMMISSION ACTION: Recommend Approval 5-2.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/15/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke against adding retail to the Industrial Zone as a special use and requested that this be referred back to the Planning Commission for further study.
General Discussion. Members of City Council directed questions to Mr. Lynn, Director of Planning and Community Development, and Ms. Doherty.)
WHEREUPON, a motion was made by Vice Mayor Cleveland and seconded by Councilman Speck to approve the Planning Commission recommendation to approve the subject text amendment.
THEREUPON, a substitute motion was made by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council referred this back to the Planning Commission. The voting was as follows:
Rich "aye" Cleveland "no"
Pepper "aye" Donley "aye"
Ticer "no" Jackson "aye"
Speck "aye"
24. SUP #2691 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 4443 Venable Avenue; zoned R-2-5, Residential. Applicant: Nellie Marie Smith.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/15/93, and is incorporated herewith as part of this record by reference.)
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(Marie Smith, 4448 Venable Avenue, applicant, answered questions asked by the Mayor and Members of City Council. Mr. Lynn, Director of Planning and Community Development and Mr. Pessoa, Assistant City Attorney, participated in the discussion.)
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 and amended Condition #2. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
29. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance by allowing single- and two-family dwelling units in the City's commercial, office and mixed-use zones. (#33 5/11/93; ROLL-CALL VOTE)
(Barbara P. Beach, 128 N. Pitt Street, attorney representing various residents of the CD zone, was available to answer questions.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper, and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3629
AN ORDINANCE to amend and reordain Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES) and Article V (MIXED USED ZONES) of the City of Alexandria Zoning Ordinance, to allow single and two-family dwellings in the commercial, office and mixed use zones and to provide regulations therefor, and to codify the existing interpretation allowing one or two accessory apartments above first floor retail or commercial uses in such zones.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sections 4-100, 4-200, 4-300, 4-400, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, 5-100, 5-200, 5-300, 5-400, and 5-500, of the City of Alexandria Zoning Ordinance, be, and the same hereby are, severally amended by adding to the permitted uses section thereof two new subsections, the appropriate lettered subsection headings to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:
(_) Single-family dwelling;
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Section 2. That Sections 4-100, 4-200, 4-300, 4-400, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, 5-100, 5-200, 5-300, 5-400, and 5-500, of the City of Alexandria Zoning Ordinance, be, and the same hereby are, each severally amended by amending the residential area regulations subsection and the mixed use area regulations subsection thereof, the appropriate lettered subsection and numbered paragraph headings to be assigned by the city attorney in preparing the codification of this ordinance; and if no such subsections exist, that the said sections be, and same hereby are, amended by adding a new section thereto, the appropriate catch line and numbered section heading to be assigned by the city attorney in preparing the codification of this ordinance, provided that no provision of any such new section shall be inconsistent with any provision of existing law, to read as follows:
(_) Lot size. Each single-family dwelling shall be located on a lot with a minimum land area of 5,000 square feet. In the case of a two-family dwelling, the lot shall contain 2,500 square feet of land area for each dwelling unit. For each multifamily dwelling unit 1,600 square feet of land area shall be provided and for each townhouse dwelling unit 1,980 square feet.
(_) Frontage. When measured at both the front lot line and the front building line, each single-family dwelling, two-family dwelling and multifamily dwelling requires a minimum of 50 feet of frontage, a semi-detached dwelling requires a minimum frontage of 37.5 feet for each dwelling unit, and each townhouse dwelling requires a minimum of 18 feet of frontage for interior lots, 26 feet of frontage for end lots and 38 feet of frontage for interior corner lots.
(_) Mixed use. When a development includes both residential and nonresidential uses, the residential lot size and frontage regulations shall apply to the residential component of the development.
Section 3. That Sections 4-100, 4-200, 4-300, 4-400, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, 5-100, 5-200, 5-300, 5-400, and 5-500, of the City of Alexandria Zoning Ordinance, be, and the same hereby are, each severally amended by amending the residential bulk regulations paragraph and the mixed use bulk regulations paragraph thereof, the appropriate numbered paragraph and lettered subparagraph headings to be assigned by the city in preparing the codification of this ordinance; and if no such paragraphs exist, that the said sections be, and same hereby are, amended by adding a new section thereto, the appropriate catch line and numbered section heading to be assigned by the city attorney in preparing the codification of this ordinance, provided that no provision of any such new section shall be inconsistent with any provision of existing law, to read as follows:
(_) Residential. For residential uses the following yard and open space requirements apply:
(_) Yards. Each single-family, two-family and townhouse dwelling shall provide a front yard of 20 feet; a rear yard based on a 1:1 setback ratio and a minimum of eight feet; and side yards based on a 1:3 setback ratio and a minimum of eight feet. In the case of townhouses the side yard requirement shall apply only to interior end lots. Each multifamily dwelling shall comply with these yard requirements except that side yards shall be based on a setback ratio of 1:2 and a minimum of 16 feet.
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(_) Open space. Residential development shall provide 40 percent of the area of the lot as open and usable space, the location and shape of which 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 if the director determines that such space functions as open space for residents to the same extent that ground level open space would.
(_) Mixed use. When a development includes both residential and nonresidential uses, the residential yard and open space regulations shall be applicable to the residential component of the development.
Section 4. That Sections 4-100, 4-200, 4-300, 4-400, 4-500, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, 5-100, 5-200, 5-300, 5-400, and 5-500, of the City of Alexandria Zoning Ordinance, be, and the same hereby are, each severally amended by adding thereto a new section, the appropriate numbered section heading to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:
___-____ Accessory apartments. One or two apartment dwelling units, located on a floor or floors above retail or commercial uses, shall be permitted as an accessory use. Such apartments shall be categorized as nonresidential for the purpose of applying the area and bulk regulations of this zone, and each such apartment shall provide the parking required for a multifamily dwelling unit of equivalent size.
Section 5. That Section 4-502 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by adding thereto two new subsections, to read as follows:
(A-01) Single-family dwelling;
(A-02) Two-family dwelling;
Section 6. That subsection (B) of Section 4-505 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(1) Lot size. Each multifamily structure shall provide a minimum land area of 1,245 square feet per dwelling unit except that the minimum land area for each dwelling unit may be reduced to an amount no lower than 800 square feet with a special use permit. Each single-family, two-family and townhouse dwelling shall provide a minimum land area of 1,452 square feet.
(2) Frontage.
(a) When measured at both the front lot line and the front building line, each multifamily dwelling requires a minimum of 50 feet of frontage.
(b) For single-family and two-family duplex dwellings, the minimum lot width at the front building line and the minimum lot frontage at the front lot line shall be 25 feet. For two-family semi-detached dwellings, the minimum lot frontage shall be 25 feet for each dwelling unit.
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(c) For townhouse dwellings, the minimum lot width at the front building line and the front lot line shall be 18 feet for interior lots; provided however that the planning commission may approve a lot width reduction on an interior lot to a minimum of 15 feet where the commission finds the reduction necessary and appropriate and:
(1) Three or more townhouses are being developed contemporaneously; and
(2) The average lot width and lot frontage in the development is at least 18 feet.
Section 7. That Section 4-506 of the City of Alexandria Zoning Ordinance be, and the same hereby is amended to read as follows:
(A) Yards and open space.
(1) Nonresidential. For nonresidential uses, there are no yard or open space requirements except as may be applicable pursuant to the supplemental yard and setback regulations of section 7-1000 and the zone transition requirements of section 7-900.
(2) Residential. For residential uses, the following yard and open space requirements apply:
(a) Front yard. The front building line shall be the same as the front lot line unless a majority of the existing buildings with frontage on the same side of the block as the proposed building have a greater setback, in which case the front building line shall be the average distance of the existing buildings from the front lot line. If there are no existing buildings, the front building line shall be the front lot line. It is the intent of this provision that in the RM zone buildings shall abut the sidewalk unless a greater setback has been established by the existing buildings on the same side of the block.
(1) Each single and two-family dwelling shall provide two side yards of a minimum size of five feet. Each interior end lot in a group of townhouses shall provide one side yard of a minimum size of five feet.
(2) Each multifamily dwelling shall provide two side yards based on a 1:3 setback ratio and of a minimum of 25 feet each.
(1) Each single-family, two-family and townhouse dwelling shall provide a rear yard based on a setback ratio of 1:2 and a minimum size of 16 feet.
(2) Each multifamily dwelling shall provide a rear yard based on a setback ratio of 1:1 and a minimum size of 25 feet.
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(d) Multifamily open space. Multifamily residential development shall provide 40 percent of the area of the lot as open and usable space, the location and shape of which 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 if the director determines that such space functions as open space for residents to the same extent that ground level open space would.
(e) Single-family, two-family and townhouse open and usable space.
(1) Each single-family, two-family and townhouse dwelling shall provide open and usable space in an amount equal to the lesser of the following:
(a) 35 percent of the lot area, or
(b) The amount existing on June 24, 1992.
(2) No additions to any new or existing dwelling and no accessory structure which will reduce the open and usable space below that required under section 4-506(A)(2)(e)(1) above shall be allowed to be built in back or side yards.
(3) Driveways and alleys shall not be considered open space for the purpose of this section 4-506(A)(2)(e). Where two or more parking spaces are provided, one parking space may be considered open space.
(3) Mixed use. When a development includes both residential and nonresidential uses, the residential yard and open space regulations shall be applicable to the residential component of the development.
(1) Nonresidential. The maximum permitted floor area ratio for nonresidential uses is 1.5 except that the floor area ratio may be increased to an amount not to exceed 2.5 with a special use permit.
(2) Residential. The maximum permitted floor area ratio for multifamily residential uses is 1.25, not to exceed 35 units per acre except that the number of dwelling units per acre may be increased to a number not to exceed 54.45 with a special use permit. The maximum permitted floor area ratio for single-family, two-family and townhouses dwellings is 1.50.
(C) Height. The maximum permitted height of a building is 50 feet, except that the maximum permitted height of a single-family, two-family or townhouse dwelling is 35 feet, provided however that such maximum height may be increased to an amount not to exceed 45 feet if the ridge line of the roof is parallel to the street and the slope of the roof is compatible with neighboring buildings.
Section 8. That Section 4-507 of the City of Alexandria Ordinance, be, and the same hereby is amended, by adding thereto a new subsection (E), to read as follows:
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(E) Off-street parking. Access to required off-street parking spaces shall be provided from an alley or interior court. Upon a finding that it is clearly not feasible to provide such access, a waiver as to part or all of the parking requirement may be granted by the planning commission as part of its site plan review or, if no site plan is required, by the director.
Section 9. That Sections 4-100, 4-200, 4-300, 4-400, 4-500, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, 5-100, 5-200, 5-300, 5-400, and 5-500, 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 10. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review, and to all such applications which may be filed after such date.
Introduction: 5/11/93
First Reading: 5/11/93
Publication: 5/13/93; 5/14/93
Second Reading: 5/15/93
Final Passage: 5/15/93
21. SUP #1867-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing Ecco Cafe Restaurant located at 220 North Lee Street; zoned CD, Commercial Downtown. Applicant: Ecco of Alexandria, Inc., by Frank Gallego. (#14 2/20/93)
COMMISSION ACTION: Recommend Denial 5-0.
(A copy of the Planning Commission's report dated February 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/15/93, and is incorporated herewith as part of this record by reference.
A copy of a letter dated May 14, 1993, to Mr. Snead from Mr. Hart, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 5/15/93, and is incorporated herewith as part of this record by reference.
A copy of a letter from the Founders Park Community Association dated May 6, 1993, to Ms. Damewood is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 21; 5/15/93, and is incorporated herewith as part of this record by reference.
Copies of petitions and communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 21; 5/15/93, and are incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on this item:
Harry P. Hart, 307 N. Washington Street, attorney for the applicant, spoke in support of this application. He submitted two letters to be included in the record. One is a letter to Charles Snead, who lives at 213 S. Fairfax Street, indicating an agreement with Mr. Snead, on behalf of the owners on S. Fairfax Street, that there will not only be bi-monthly meetings to address concerns, but a number of things about trash in the rear, employees not parking in the rear, noise in the rear, that they are concerned about that are addressed in the letter. Also a letter from the Founders Park Community Association, along with an attached petition that says the association met and voted in favor of this; but, this does not in any way indicate approval of any bar seats for anybody who is a future owner and that no future owner is going to be allowed those bar seats. The applicant is not asking for bar seats.
Charles H. Huettner, 218 S. Fayette Street, president, Old Town Civic Association, spoke against;
Chuck Hamel, 101 Quay Street, representing his wife and himself, spoke in support;
Bruce E. Clubb, 100 Quay street, spoke against;
Susan White, 1111 N. Pitt Street, spoke in support;
George Berger, 105 Queen Street, also representing Joel and Nancie Johnson, spoke in support;
Ben A. Roderick, 108 Cameron Mews, spoke in support;
Marilee Keefe, 103 Queen street, spoke in support;
Sandra Buterwhyte, 1600 Prince Street, #500, spoke in support; and
Charles Snead, 213 N. Fairfax Street, indicated he represented a group of petitioners who originally were opposed, but now were in support.
General Discussion. The Mayor and Members of City Council, the City Manager, Mr. Lynn, Director of Planning and Community Development, Mr. Hart, and Ms. Damewood, applicant, participated in the discussion.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-1, City Council approved the special use permit subject to compliance with all applicable codes, ordinances and staff conditions with a change to Condition #15 to read: "15. The applicant shall require their employees to use off-street parking." The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "no"
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25. SUP #2689 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 3102 Wilson Avenue; zoned R-2-5, Residential. Applicant: Kelly's Kiddie Corner Child Care Center, by Allie B. Smith and Sherry A. Williams.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission's report dated May 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/15/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS
26. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Old Town Small Area Plan Chapter of the Master Plan by changing the land use designation of the parcel at 121 S. Columbus from residential medium to commercial downtown, and by changing the land use designation of the parcel at 601 Wilkes Street (Tannery House) from commercial downtown to residential high. (#25 5/11/93; ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
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ORDINANCE NO. 3630
AN ORDINANCE to amend and reordain the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City Of Alexandria, by adopting and incorporating therein an amendment changing the land use designation of the parcel at 121 South Columbus Street from residential medium to commercial downtown, and an amendment changing the land use designation of the parcel at 601 Wilkes Street (Tannery House) from commercial downtown to residential high, and to repeal all provisions of the said small area plan as may be inconsistent with such amendments.
WHEREAS, the City Council of Alexandria, finds and determines that:
1. Application has been made for the above-described amendments to the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria.
2. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the land use plan map of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria be, and the same hereby is, amended as follows:
(a) The land use designation of the parcel at 121 South Columbus Street is changed from residential medium to commercial downtown.
(b) The land use designation of the parcel 601 Wilkes Street (Tannery House) is changed from commercial downtown to residential high.
Section 2. That the Director of Planning and Community Development be, and he hereby is, directed to record the foregoing amendments on the said land use plan map.
Section 3. That the land use plan map of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, as so amended, be, and the same hereby is, reordained as part of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria.
Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that said Clerk of the Circuit Court shall file same among the court records.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 5/11/93
First Reading: 5/11/93
Publication: 5/13/93; 5/14/93
Second Reading: 5/15/93
Final Passage: 5/15/93
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27. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to provide supplemental appropriations for additional funds for the operation of the city government for fiscal year 1993. (#26 5/11/93; ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated May 4, 1993, is on file in the Office of the City Clerk marked Exhibit No. 1 of Item No. 27; 5/15/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded 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:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3631
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 fund hereafter named the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1993, the source of such amounts being intergovernmental revenue and interest income whose revenues have been accepted and adjusted but not appropriated in fiscal year 1993, and further that the council does hereby allot the amounts so appropriated to the city departments for fiscal year 1993, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Commonwealth Attorney $ 804
Police 393,365
Total Estimated Revenue $394,169
________
APPROPRIATION:
Commonwealth Attorney $ 804
Police 393,365
Total Appropriation $394,169
________
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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 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 ESTIMATED REVENUE:
ESTIMATED REVENUE:
Sheriff $ 61,000
General Services 14,000
Transportation and Environmental Services 199,600
Fire 29,458
Housing 532,891
Mental Health/ Mental Retardation/
Substance Abuse -91,529
Health 2,000 Human Services 956,940
Historic Alexandria -8
Recreation -4,899
Total Estimated Revenue $1,699,453
APPROPRIATION:
Sheriff $ 61,000
General Services 14,000
Transportation and Environmental Services 199,600
Fire 29,458
Housing 532,891
Mental Health/ Mental Retardation/
Substance Abuse -91,529
Health 2,000
Human Services 956,940
Historic Alexandria -8
Recreation -4,899
Total Estimated Revenue $1,699,453
Section 3. 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:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Services $18,050
Historic Alexandria 5,250
Library $ 341
Total Estimated Revenue $ 23,641
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APPROPRIATION:
Human Services $ 18,050
Historic Alexandria 5,250
Library $ 341
Total Appropriation $ 23,641
Section 4. That this ordinance shall become effective Upon the date and at the time of its final passage.
Mayor
Introduction: 5/11/93
First Reading: 5/11/93
Publication: 5/13/93; 5/14/93
Second Reading: 5/15/93
Final Passage: 5/15/93
28. Public Hearing. Second Reading and Final Passage of AN ORDINANCE authorizing the sale of the city-owned property at 254 Burgess Avenue, consisting of approximately 1,605 square feet, to Patricia J. and Kevin B. Howe. (#27(b) 5/11/93; 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 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"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3632
AN ORDINANCE approving and authorizing the sale of real property owned by the City of Alexandria, located at 254 Burgess Avenue in the City of Alexandria, Virginia, to Patricia J. Howe and Kevin B. Howe.
WHEREAS, the City of Alexandria owns certain real property located at 254 Burgess Avenue in Alexandria, Virginia; and
WHEREAS, the city manager has recommended the sale of this property, at a price of $88,550, to Patricia J. Howe and Kevin B. Howe;
WHEREAS, the city council is of the opinion that the city no longer needs this property and that its disposition, according to the terms and conditions set forth below, will further the public interest; and
WHEREAS, Patricia J. Howe and Kevin B. Howe desire to buy this property at the price, terms and conditions set forth below; now, therefore,
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sale of the real property described below, and also in the Agreement for Sale and Rehabilitation of 254 Burgess Avenue between the City of Alexandria and Patricia J. Howe and Kevin B. Howe ("Agreement"), be and hereby is approved and authorized, subject to the terms and conditions contained in the Agreement:
BEGINNING along the westerly right of way line of Burgess Avenue and the southerly corner of Lot 4, Block 11, Section 1, Warwick Village subdivision in the City of Alexandria; thence along Burgess Avenue South 24o 19' 15" West 18.50 feet to the North corner of Lot 6; thence along Lot 6 North 65o 41' 02" West through a party wall 86.49 feet to a point along Aspen Street; thence along Aspen Street North 24o 19' 15" East 18.50 feet to the South corner of Lot 4; thence along Lot 4 South 65o 41' 02" East through a party wall 86.49 feet to the point of beginning, containing 1,600 square feet of land.
Section 2. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 1 in accordance with the terms and conditions in the Agreement, including but not limited to, the execution and delivery of a deed and other appropriate documents.
Section 3. That the city clerk be and hereby is authorized to attest the execution of such deed and other necessary documents, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 5/11/93
First Reading: 5/11/93
Publication: 5/13/93; 5/14/93
Second Reading: 5/15/93
Final Passage: 5/15/93
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 30 - 39
30. MPA #93-001 - Public Hearing and Consideration of an amendment to the Old Town Small Area Plan chapter of the Master Plan to modify the policy with respect to new restaurants in Old Town. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Deferred to June Hearing 7-0.
REASON: Staff requested deferral.
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31. TA #93-011 - Public Hearing and Consideration of an amendment to the zoning ordinance of the City of Alexandria, Virginia, to allow owners of noncomplying structures to make vertical additions within the same footprint or additions in line with the existing building line with a special use permit. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Deferral to June Hearing
7-0. REASON: Staff requested deferral.
32. MPA #93-003 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing 1023 Queen Street from Residential Medium to Commercial Low. Applicant: Joseph Fennell, by Sandra J. Boek, attorney.
COMMISSION ACTION: Deferred 7-0.
REASON: To permit applicant time to work with staff.
33. TA #93-015 - Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of Alexandria, Virginia, by the adoption of a new Section 12-302(G) (Noncompliance and Nonconformity) that would allow those community buildings in the RM zone that are technically nonconforming uses to change their status to become noncomplying uses. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Withdrawal 7-0.
REASON: Staff Requests Withdrawal.
34. TA #93-016 - Public Hearing and Consideration of an amendment to Section 2-138 (Definitions) and the adoption of a new Section 7-1600 (Supplemental Regulations) of the Zoning Ordinance of the City of Alexandria, Virginia, which together would allow more than eight (8) townhouses in a single structure when approved with a special use permit. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Deferral 7-0.
REASON: To permit staff time for additional research.
35. SUP #2181-B - Public Hearing and Consideration of a request for an amendment to Special Use Permit #2181-A for a residential cluster development known as Quaker Village, involving 55 townhouse dwelling units and 7 single-family detached dwelling units. The subject site is located at the northwest corner of North Quaker Lane and Duke Street (Map 61.00-01-12 to 19 and part of 28), contains approximately 7.8 acres of land, and is zoned RB and R-12, Residential. Applicant: Pulte Home Corporation, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Deferral to June Hearing
7-0. REASON: To permit applicant time to resolve financing issues.
36. SUP #2690 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 3602 Edison Street; zoned RA, Residential. Applicant: Leslie Whiteside.
COMMISSION ACTION: Recommend Withdrawal 7-0.
REASON: Applicant requests withdrawal.
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37. ENCROACHMENT #93-002 - Public Hearing and Consideration of a request for an encroachment into the public street right-of-way for a brick fence and landscaping for the property located in the 200 block of Holly Street; zoned R-8, Residential. Applicant: Virginia Building Corporation, by Carson Lee Fifer, Jr.,attorney.
COMMISSION ACTION: Recommend Deferral to June Hearing 7-0.
REASON: To permit applicant time to consider relocating wall.
38. ENCROACHMENT #93-004 - Public Hearing and Consideration of a request for encroachment into the public street right-of-way for a canopy for the existing restaurant located at 110 South Pitt Street; zoned CD, Commercial Downtown. Applicant: Santa Fe East, W. Howard Rooks.
COMMISSION ACTION: Recommend Deferral 7-0.
REASON: Applicant failed to send proper legal notice.
39. TA #92-027 - Public Hearing and Consideration of Possible amendments to Article IV (Commercial, Office and Industrial Zones) and Article V (Mixed Use Zones) of the Zoning Ordinance of the City of Alexandria, Virginia, the nature of which would be to allow single- and two-family dwelling units in the Commercial, Office and Mixed Use Zones, but not in the Industrial Zone. In addition, the proposed amendments would codify the existing interpretation allowing one or two accessory apartments above first floor retail or commercial uses in the Commercial, Office and Mixed Use zones. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Withdrawn by Staff Prior to Hearing.
REASON: City Council approved this amendment 4/17/93.
NOTE: PLEASE SEE DOCKET ITEM NO. 29, PAGE 7.
END OF DEFERRAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council noted the deferrals and withdrawals. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 4:00 p.m., the Public Hearing Meeting of Saturday, May 15, 1993, was adjourned. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room
APPROVED BY:
_________________________
PATRICIA S. TICER MAYOR
ATTEST:
_____________________________
Beverly I. Jett, CMC City Clerk
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Agenda
Work Session
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