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Special Public Hearing Meeting
Saturday, March 20, 1993 - - 9:30 am
(In lieu of the March 13, 1993 Public Hearing Meeting)


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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Platky, Director of Management and Budget; Mr. Moore Division, Chief, Zoning/Subdivision Administration; Acting Fire Chief Gower; Chief Fire Marshal Conner; Mr. Pritchett, Chief, Environmental Health; and Lieutenant Crawford, Police Department.

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



OPENING

The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.

(A Notice of this Special Meeting had been previously served upon each Member of Council pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

The Mayor noted that Docket Item No. 16 was withdrawn, and that Docket Item Nos. 17 and 18 are recommended for deferral.

Please see pages 13 and 14 of these proceedings for the action taken on these items.

(a) Stephen Newman, 648 Timber Branch Parkway, spoke in support of request to schedule a second public hearing on the budget.

(b) Claire Heffernan, 211 S. Royal Street, president, Save The George Washington Parkway, spoke to proposed amendments by the RF&P to the site plan at Potomac Yard which proposes grade-level access between the Parkway and the development. She urged Council to oppose access.

(c) Rod Kuckro, 209 E. Alexandria Avenue, president, Alexandria Federation of Civic Associations, requested a possible second public hearing on the budget in late April. He requested that the budget work sessions be held in the City Council Chamber so that they may be televised.


(d) Tom Robinson, 1301 E. Abingdon Drive, #3, endorsed what Messrs. Newman and Kuckro had said by requesting a second public hearing on the budget and supports the open work sessions.

(e) Marcia Ritchey, 211 N. Payne Street, Chair of the Budget Priorities Subcommittee of Project New Course, also spoke to holding a second public hearing on the budget.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

WITHOUT OBJECTION, City Council removed Docket Item No. 4 from the Action Consent Calendar.

Planning Commission

3. SUP #1778-E - Public Hearing and Consideration of a review of a Special Use Permit for the existing automobile repair garage located at 311 North Henry Street; zoned CL, Commercial Low. Applicant: Emanuel Maniatis.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 3/20/93, and is incorporated herewith as part of this record by reference.)

5. SUP #2501-A - Public Hearing and Consideration of a request for a Special Use Permit to add delivery service to the existing full-service restaurant known as the China King located at 701 King Street; zoned CD, Commercial Downtown. Applicant: China King Town, Inc., by Sui Chen Chu.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/20/93, and is incorporated herewith as part of this record by reference.)

6. SUP #2591-A - Public Hearing and Consideration of a request for a Special Use Permit to add delivery service and amend the hours of operation of the existing carry-out restaurant known as the Wings to Go Restaurant located at 514 South Van Dorn Street, Unit B, within the Van Dorn Station Shopping Center; zoned, CG Commercial General. Applicant: David C. Gates, Kathleen A. Gates and Scott W. Gates.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/20/93, and is incorporated herewith as part of this record by reference.)







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7. SUP #2628-A - Public Hearing and Consideration of a request for a Special Use Permit to increase the number of delivery drivers for the proposed restaurant known as Edgardo's Pizza located at 281 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG, Commercial General. Applicant: Edgardols, Inc., by Al Alexander Afzall.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/20/93, and is incorporated herewith as part of this record by reference.)

8. SUP #2664 - Public Hearing and Consideration of a request for a Special Use Permit to change the use of a property from residential to office without providing the required off-street parking for the property located at 405 South Washington Street; zoned CL, Commercial Low. Applicant: Robert Bentley and Susanne W. Adams, contract purchasers, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/20/93, and is incorporated herewith as part of this record by reference.)

9. SUP #2672 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service and carry-out restaurant located at 297 South Van Dorn Street, within the Van Dorn Plaza Shopping Center; zoned CG, Commercial General. Applicant: Syed N. Shah.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/20/93, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Jackson and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item No. 4 which was considered under separate motion. The Planning Commission's 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.

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.

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.

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8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #2.

9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

It was noted that with respect to Docket Item Nos. 6 and 9, Councilwoman Pepper requested that staff monitor the parking situation at these two shopping centers.

4. SUP #2563-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing amusement enterprise, fortune reading business, located at 1024 King Street; zoned CD Commercial Downtown. Applicant: Eda Megel, by John T. Donelan, attorney.
COMMISSION ACTION: Recommend Approval 7-0

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Speck 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"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing and Consideration of a Request to Prohibit Through Trucks on U.S. Route 1 Through the City from I-95/I-495 (Capital Beltway) to Four Mile Run. (#12 3/9/93)

(A copy of the City Manager's memorandum dated March 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/20/93, 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. 10; 3/20/93, and is incorporated herewith as part of this record by reference.





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WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a vote of 6-to-0, City Council deferred action on this item until such time as the City Attorney renders an opinion regarding our authority; and in the meantime asked that the representatives of the Trucking Industry and the American Trucking Association hold discussions and deliberations with the Inner City Civic Association and the Old Town Civic Association about possible solutions, be they time limitations, be they noise abatement aspects or rules that could be employed, or be it any other solution that might have an impact and alleviate the adverse situation that presently occurs on Route 1, and that those solutions would hopefully be to the mutual benefit of all parties involved and that they would report back to Council, as well; also included as items of discussion to include an outright ban on hazardous material trucking; consideration of limitations on all truck traffic at certain hours; the issues related to the engineering of trucks, i.e., comparable to the noise abatement procedures that airlines use; what is it that trucks can do to reduce the noise and vibrations issues associated with stopping and starting; and also ask for any information back from staff concerning regulatory issues of how you more aggressively enforce speed and driving behavior issues, particularly, speed. [This is to come back at the last meeting in April, if possible.] The voting was as follows:

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




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Whereupon, City Council recessed at 12:26 p.m. for lunch and to participate in the St. Patrick's Day Parade.

Thereupon, at 2:05 p.m., City Council reconvened the meeting and the following transpired:

WITH UNANIMOUS CONSENT, City Council considered Docket Item No. 22 out of order.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
22. STREET NAME CHANGE - Public Hearing and Consideration of adding the subtitle "Parker-Gray Way" on the Wythe Street street signs from Fairfax Street to West Street. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/20/93, and is incorporated herewith as part of this record by reference.)

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, approved the proposed street name change and referred to the City Attorney to prepare an ordinance. The voting was as follows:

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







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WITHOUT OBJECTION, City Council considered Docket Item No. 23 out of order.

23. REZONING #93-001 - Public Hearing and Consideration of a technical correction to the zoning map changing the zone classification of the properties located at 442 North Henry Street, 1108 and 1112 Oronoco Street from CL/Commercial Low Zone to CSL/Commercial Service Low Zone. The subject properties contain approximately 12,796 square feet of land area. Applicant: City of Alexandria, Virginia, Department of Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/20/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Councilwoman Pepper and Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the subject rezoning and referred to the City Attorney to prepare an ordinance. The voting was as follows:

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

At this point, City Council returned to Docket Item No. 11.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
11. Public Hearing on and Consideration of a Request for an Overhead Utilities Variance at 609 Queen Street. #12 2/20/93; #9 2/9/93)

(A copy of the City Manager's memorandum dated February 3, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/20/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Council Member Rich to accept the alternative compromise with the condition that the applicant is able to get the easement to attach the service to the close-by pole which is not the pole where the service comes from now; which motion FAILED on a vote of 3-to-4. The voting was as follows:

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


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THEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a vote of 4-to-2-to-1, City Council upheld the decision of the Director of Transportation and Environmental Services and denied this request for an overhead utilities variance. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
12. SUP #2543-A - Public Hearing and Consideration of a review of a Special Use Permit for the existing nonconforming grocery store and to remove a condition restricting the sale of beer and wine, for the property located at 201 East Hume Avenue; zoned R-2-5, Residential. Applicant: Ransom and Lena Gibson, by Thomas Woehrle, attorney.

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/20/93, 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. 12; 3/20/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Senator Warner dated March 18, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 3/20/93, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #8, and Council amended Condition #2 to change the word "shall" to "may" and amended Condition #9 to read: "The special use permit shall be reviewed in one year from City Council approval". The voting was as follows:

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

NOTE: The City Council considered Docket Item Nos. 13, 14, and 15 together; however, a separate motion was made on each item.

13. SUP #2666 - Public Hearing and Consideration of a request for a Special Use Permit to operate a public parking lot located at 301 North Fairfax Street; zoned CD, Commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/20/93, and is incorporated herewith as part of this record by reference.)

14. SUP #2667 - Public Hearing and Consideration of a request for a Special Use Permit to operate a public parking lot located at 333 North Fairfax Street; zoned CD, Commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/20/93, and is incorporated herewith as part of this record by reference.)

15. SUP #2668 - Public Hearing and Consideration of a request for a Special Use Permit to operate a public parking lot located at 300 North Lee Street; zoned CD, Commercial Downtown. Applicant: MetroPark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/20/93, and is incorporated herewith as part of this record by reference.

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A copy of a Location Map is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 13, 14, and 15; 3/20/93, and is incorporated herewith as part of this record by reference. Copies of photographs are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item Nos. 13, 14, and 15; 3/20/93, and is incorporated herewith as part of this record by reference. A copy of a petition dated March 15, 1993, containing 36 signatures, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item Nos. 13, 14, and 15; 3/20/93, and is incorporated herewith as part of this record by reference.)

13. WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Conditions #9 and #10. The voting was as follows:

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







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14. THEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #9; and City Council amended Condition #4 to read: "The portion of the parking lot that enters and exits on Fairfax Street maintain the hours of Monday thru Friday, 5:30 p.m. to 3:00 a.m.; Saturday and Sunday, 7:00 a.m. to 3:00 a.m.; Holidays, 7:00 a.m. to 3:00 a.m.; that the portion of the parking facility with entrances and exits on N. Lee Street be in operation from 5:30 p.m. to 11:00 p.m., Monday thru Friday; 7:00 a.m. to 11:00 p.m., Saturday and Sunday; Holidays, 7:00 a.m. to 11:00 p.m."; and amended Condition #10 to read: "The special use permit shall be reviewed in six (6) months from date of City Council approval." The voting was as follows:

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

15. WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #9; and City Council amended Condition #10 to read: "The special use permit shall be reviewed in six (6) months from date of City Council approval."; and added a Condition #11 to read: "That the Lee Street exit shall be chained off at 11:00 p.m." The voting was as follows:

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

16. SUP #2652 - Public Hearing and Consideration of a request for a Special Use Permit to operate a garage for light automobile repair located at 6 West Glebe Road; zoned CSL, Commercial Service Low. Applicant: Alfred Donigan.
COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No.1 of Item No. 16; 3/20/93 and is incorporated herewith as part of this record by reference. A copy of a letter dated March 19, 1993, from Mr. Hart, attorney, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 3/20/93, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this special use application.







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17. 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 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

18. SUP #2431-G - Public Hearing and Consideration of a request for a Special Use Permit to extend the hours of operation of 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 7-0

(A copy of the Planning and Community Development Director's letter dated March 19, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 17 and 18; 3/20/93, and is incorporated herewith as part of this record by reference. A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 17 and 18; 3/20/93, 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. 3 of Item Nos. 17 and 18; 3/20/93, and is incorporated herewith as part of this record by reference.)

17. City Council could not hear this item because the notice was inadequate.

18. WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried unanimously, City Council noted the deferral. The voting was as follows:

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

19. TA #93-003 - Public Hearing and Consideration of a study [text amendment] 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.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/20/93, and is incorporated herewith as part of this record by reference.)
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed text amendment and referred to the City Attorney to prepare an ordinance. The voting was as follows:

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

20. REZONING #92-003 - Public Hearing and Consideration of a request for a change in zone classification from CD/Commercial Downtown Zone to RCX/Medium Density Apartment Zone, with proffer, for the property located at 601 Wilkes Street, containing approximately 0.53 acre (23,194 square feet) of land area. Applicant: Tannery House Condominium Association.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/20/93, and is incorporated herewith as part of this record by reference. A copy of a letter dated March 9, 1993, from The Campagna Center is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 3/20/93, 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.






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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the subject rezoning and referred to the City Attorney to prepare an ordinance. The voting was as follows:

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

21. SECTION 9.06--#93-001 - Public Hearing and Consideration of amendments to the Office of Housing's Blighting Influences Program including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria, Virginia, and the possible acquisition and subsequent resale of the following properties:
(A copy of the Planning Commission's report dated March 2, 1993, together with the City Manager's memorandum dated February 22, 1993, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 21; 3/20/93, and is incorporated herewith as part of this record by reference.

A copy of a statement from Joanne Yakaitis dated March 20, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 3/20/93, 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 Councilwoman Pepper, seconded simultaneously by Councilman Jackson 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; and City Council approved the recommendations of the City Manager and (1) approved the additions and deletions of the properties listed on page 3 [of the City Manager's memorandum dated February 22, 1993] to the currently approved list of blighting influences in the Potomac East Conservation and Southwest Quadrant Rehabilitation Districts and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low-and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the seven Potomac East and Potomac West properties to be added to the list [as listed in the City Manager's memorandum]; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines. The voting was as follows:

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

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24. SUP #2669 - Public Hearing and Consideration of a request for a Special Use Permit to provide required off-street parking within 300 feet of the church site located at 600 North Columbus Street; zoned CL, Commercial Low. Applicant: New Pentecostal Church, Inc., by Michael J. Weiser, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission's report dated March 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 3/20/93, and is incorporated herewith as part of this record by reference.

A copy of a letter from Steven Gillespie dated March 19, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 3/20/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Jackson, 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 and added Condition #2. The voting was as follows:

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

25. MPA-92-10 - Public Hearing and Consideration of an amendment to the Old Town North Small Area Plan chapter of the 1992 Master Plan to increase the F.A.R. allowed without a special use permit under the CDX land use designation for small parcels in a retail focus area when structured parking is provided. Applicant: Kyriacos Euripides, by Harry P. Hart, Attorney.

(A copy of the Planning Commission's report ; dated March 16, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 3/20/93, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the staff-recommended change to the Old Town North small area plan text and referred back to staff for the preparation of a text amendment for the CDX provisions of the Zoning Ordinance consistent with the change and referred to the City Attorney for preparation of an ordinance. The voting was as follows:

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

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26. MPA-92-14 - Public Hearing and Consideration of an amendment to the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan to increase heights allowed within the Cameron Center CDD district from 200 feet with a maximum average of 150 feet up to 225 feet with a variety of building heights. Applicant: Alexandria Research Center Limited Partnership, by Harry P. Hart, Attorney.

(A copy of the Planning Commission's report dated March 16, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 3/20/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the staff-recommended change to the King Street-Eisenhower Avenue small area plan with amended language and referred to the City Attorney for preparation of an ordinance. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

27. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for a bay window located at 1121 King Street. (#19 3/9/93; ROLL-CALL VOTE)

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

WHEREUPON, upon motion by Council Member Rich, 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:

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

The ordinance finally passed reads as follows:







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ORDINANCE NO. 3618

AN ORDINANCE authorizing the owners of 1121 King Street, and the owners' successors in title, to establish and maintain an encroachment into the public right-of-way of 1121 King Street, in the City of Alexandria, Virginia.

WHEREAS, Benjamin and Linda M. Molayem are the owners of the two story commercial building at 1121 King Street in the City of Alexandria, Virginia; and

WHEREAS, Mr. and Mrs. Molayem lease the building at 1121 King Street to Quimper Faience, a retail business; and

WHEREAS, Mr. and Mrs. Molayem, on behalf of their tenant, Quimper Faience, desire to build and maintain a bay window which will encroach into the public sidewalk right-of-way at 1121 King Street; and

WHEREAS, the public right-of-way at that point on 1121 King Street will not be significantly impaired by this encroachment; and

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

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Benjamin and Linda M. Molayem and their successors in title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public sidewalk right-of-way of 1121 King Street in the City of Alexandria, said encroachment consisting of a bay window measuring six feet nine inches in length, one foot nine inches in width and eight feet in height, which will extend approximately one foot nine inches beyond the Owner's building/front property line parallel to King Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

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







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

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

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

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

Section 6. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 3/9/93
First Reading: 3/9/93
Publication: 3/11/93; 3/12/93
Public Hearing: 3/20/93
Second Reading: 3/20/93
Final Passage: 3/20/93


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NOTE: Docket Item Nos. 28 (a) and (b) were considered together; however, there was a separate motion made on each item.

28. (a) Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize the city manager to promulgate regulations governing the construction, operation and maintenance of swimming pools, spa pools and health clubs in the city, and to repeal, as of the effective date of the new regulations, the existing regulations in the city code that govern the construction and maintenance of swimming pools and health spas in the city. (#20 3/9/93; ROLL-CALL VOTE)

28. (b) Public Hearing on proposed regulations, to be administered by the department of health, governing the construction, operation and maintenance of swimming pools, spa pools and health clubs in the City of Alexandria.

(A copy of the City Manager's memorandum dated March 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 3/20/93, and is incorporated herewith as part of this record by reference.

A copy of the Administrative Regulation 20-6 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28 (b); 3/20/93, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper informed Council that if there are restrictions put on swimming pools that they all need to have six-foot fences, as you will see, 4600 Duke Street would be one of those condominiums that would be affected. She owns property at 4600 Duke Street and for that reason if it were required that a six-foot fence be put in place, she supposed eventually that would be reflected in her condominium fee. For that reason, she contacted the Commonwealth's Attorney for a written statement which is on file which indicates that it is appropriate and acceptable for her to consider and vote on Docket Item No. 28. A disclosure form has been submitted. Councilwoman Pepper participated in the discussion and voting on this item.

It was noted that at 5:50 p.m. Council Member Rich left the meeting.







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28. (a) WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley 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:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3619

AN ORDINANCE to repeal Chapter 11 (SWIMMING POOLS AND HEALTH SPAS) of, and to add a new Chapter 11 (SWIMMING POOLS, SPA POOLS AND HEALTH CLUBS) to, Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the health and safety of the public requires the regulation of swimming pools, spa pools, and health clubs located within the City of Alexandria; and

WHEREAS, existing provisions in the city code that govern swimming pools and health spas have been in effect for several years and no longer address current technologies in pool design, pool safety, and disinfection techniques; and

WHEREAS, in the past, neighboring jurisdictions in Northern Virginia have varied widely in their regulation of swimming pools and health spas; and

WHEREAS, a committee of sanitarians from the health districts of Northern Virginia, under the auspices of the Northern Virginia Planning District Commission, has prepared, for adoption and use by Northern Virginia jurisdictions, a set of swimming pool, spa pool and health club regulations that incorporate nationally recognized health and safety standards, as well as standards developed by local health staff; and

WHEREAS, adoption of these model regulations and their application in the City of Alexandria will help to establish uniform standards for the construction, operation and maintenance of swimming pools, spa pools and health clubs throughout Northern Virginia, and will permit consistent interpretation and enforcement of such standards on a regional scale; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 11 of Title 11 of the Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.

Section 2. That Title 11 of the Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Chapter 11 to read as follows:







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Chapter 11
Swimming Pools, Spa Pools and Health Clubs
Sec. 11-11-1 Regulations governing swimming pools, spa pools and health clubs; enforcement of regulations.

The city manager is hereby authorized and directed to promulgate, and is authorize from time to time to amend or supplement and to enforce, regulations establishing standards and requirements for the design, operation and maintenance of swimming pools, spa pools and health clubs located within the city. Said regulations shall be designed and intended to protect the health and safety of persons using the regulated swimming pools, spa pools and health clubs, and shall include provisions for their enforcement. Notwithstanding the above provisions, any regulations prepared pursuant to this section, including any amendments and supplements thereto, shall not become effective until they have been presented to and approved by city council. The city manager is authorized to delegate the authority provided to her by this section to the director of the department of health.

Sec. 11-11-2 Definitions.

The following terms shall, for purpose of this chapter and any regulations promulgated pursuant to section 11-11-1, have the meanings set forth below:

(a) Health Club. Any exercise center, figure salon, fitness center, gymnasium, health club, health spa, or any other establishment by any other name which provides exercise equipment and dressing room, shower or toilet facilities, or any combination of such facilities, that are intended for patron use, but excluding facilities used by or under the direct supervision and control of licensed medical personnel located in a medical facility, facilities located in athletic departments of schools, colleges, universities and facilities of professional athletic teams.

(b) Spa pool. Any structure, basin, chamber or tank, located either indoors or outdoors or both, containing a body of water intended to be used for recreational and/or therapeutic use which usually contains a waterjet and/or aeration system, is operated at high temperatures, and is not drained, cleaned or refilled after each individual use. The term includes, but is not limited to, units designed for hydrojet circulation, hot water, cold water, mineral bath, air induction bubbles, or any combination thereof. Common terminology for a spa pool includes, but is not limited to, "therapeutic pool," "hydrotherapy pool," "whirlpool," "hot spa," and "hot tub." The term "spa pool" excludes "residential spa pool," and spa pools or facilities used by or under the direct supervision and control of licensed medical personnel located in a medical facility, facilities located in the athletic department of schools, colleges and universities and facilities of professional athletic teams.

(c) Swimming pool. Any structure, basin, chamber or tank, located either indoors or outdoors or both, containing a body of water intended to be used for swimming, diving and/or recreational bathing. The term "swimming pool" shall not include any "residential swimming pool" or "spa pool." The term "swimming pool" shall include, but not be limited to, the following:

(1) Combination swimming pool and diving pool. A swimming pool designed for swimming and diving.



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(2) Diving pool. A swimming pool designed and used for diving only.

(3) Training pool. A swimming pool designed and used for teaching and training water activities.

(4) Wading pool. A swimming pool designed for wading or partial immersion of the human body which is capable of impounding water to a depth not greater than eighteen (18) inches and which is separate from any other swimming pool within a pool area.

Sec. 11-11-3 Penalty for violation of regulations.

(a) It shall be unlawful for any person to fail to comply with any of the regulations promulgated pursuant to this chapter. Any person who fails to comply with any such regulation shall be in violation of this chapter and, for each such violation, shall be liable for a civil penalty. Each seven-day period, or any part thereof, during which a violation of a regulation exists or persists shall constitute a separate violation of this chapter.

(b) The civil penalty for any violation of this chapter shall be $50.00; provided, that the penalty for the second and any subsequent violation of the same regulation, in any 12-month period, at the same swimming pool, spa pool or health club shall be $100.00.

(c) Upon determining that one or more violations of this chapter have occurred, the city manager, or her delegate, shall cause a written notice of the violation or violations to be delivered to the owner or operator of the swimming pool, spa pool, or health club that is in violation of this chapter, or to the officer, employee or agent of such owner or operator who is the on-site manager of the pool or club. The notice shall, with respect to each violation, contain the following information:

(1) a description of the violation, with a citation to the regulation that has been violated;

(2) a statement of the amount of the civil penalty to be assessed;

(3) a statement that the person in violation may elect to make an appearance in person, or in writing by mail, to the treasurer of the city, and admit liability for or plead no contest to the violation, abate the violation, and pay the civil penalty established for the violation; and a statement of the date by which such penalty shall be paid; and

(4) a statement that, in the alternative, the person in violation may elect to contest the violation by filing with the director of the health department, within ten days of receipt of the notice of violation, a written notice of the person's election to contest the violation, and further that, in the event the person elects to contest the violation, the person shall be entitled to an administrative hearing on the violation before the director of the department of health, or a designee of the director.

(d) If, after a hearing held pursuant to subsection (c)(4), the director or the designee of the director finds that a violation of this chapter has occurred, the person found to be in violation shall, within 10 days of the finding, pay the civil penalty originally assessed.





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(e) If a person charged with a violation of this chapter does not elect to admit liability or plead no contest and to pay the assessed penalty, or, following a hearing under subsection (c)(4) which results in a finding that the person has violated the chapter, does not pay the assessed penalty, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or a motion for judgment, with the same right of appeal as provided in civil actions at law.

(f) A plea of no contest to, and a finding or admission of liability to, a violation of this chapter shall not be deemed a criminal conviction.

(g) The remedies provided in this section are cumulative and not exclusive. The designation of a violation of this chapter as a civil violation shall not be construed as prohibiting city officials from initiating appropriate administrative or civil procedures to prevent, correct, restrain or abate violations of the chapter.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 3/9/93
First Reading: 3/9/93
Publication: 3/11/93; 3/12/93
Public Hearing: 3/20/93
Second Reading: 3/20/93
Final Passage: 3/20/93

28. (b) WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the regulations, as amended, that there be a provision that would allow for fences that are at least four (4) feet high to be grandfathered in and whenever a major renovation or replacement of that fence is required then it would have to meet the six (6) foot high requirement and all new fences would then be six (6) feet high; and to amend section 20-6-72(a) to provide that that type of spa can satisfy the safety requirement either by having a fence or by having [a cover with] a lock mechanism and modifying the definition of residential swimming pool and spa. The voting was as follows:

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

29. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to allow new development to obtain a reduction in the number of required parking spaces by special use permit. (#21 3/9/93; ROLL-CALL VOTE)

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







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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3620

AN ORDINANCE to amend and reordain Section 8-100 (OFF STREET PARKING REQUIRED) and Section 8-200 (GENERAL PARKING REGULATIONS), of Article VIII (OFF STREET PARKING AND LOADING) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 8-100 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Section 8-100 Off-Street Parking Required.

(A) (1) General requirement. No land shall be used or changed in use, no structure or building shall be constructed, and no existing structure or building shall be changed in use, significantly enlarged or significantly altered as those terms are defined in section 8-200(F)(4), unless the off-street parking required by this Article VIII is provided for the entire land, structure or building.

(2) Special requirement. No existing building or structure shall be enlarged as that term is defined in section 8-200(F)(4) unless the off-street parking required by this Article VIII is provided for such enlargement.

(3) Statutory exception. Land, buildings or structures actually in use or constructed as of January 27, 1987, and prior thereto are exempted from the requirements of this Article VIII to the extent provided in section 8-200(F).

(4) Reduction of requirement by special use permit. A special use permit may be obtained pursuant to section 11-500, which authorizes the provision of less off-street parking than is otherwise required by this Article VIII, subject to the following:

(a) The special use permit applicant shall demonstrate that providing the required parking would be infeasible.

(b) If the requested reduction exceeds five parking spaces, the special use permit applicant shall propose and have approved as a condition of the permit a parking management plan which shall include reasonable and effective measures, appropriate to the size, scale and location of the use, building or structure, which will mitigate the impacts of the proposed reduction in parking.

(c) City council, upon consideration of the special use permit application, finds that the proposed reduction in parking will not have an adverse impact on the nearby neighborhood, and that the application otherwise complies with the standards for approval set forth in section 11-504.


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(d) A special use permit may not reduce the number of off-street parking spaces otherwise required below the number of spaces which are provided at the time of the permit application, unless allowed by another provision of this ordinance or required by extraordinary circumstances.

(5) Alternative reduction of requirement. Required parking may be reduced in conjunction with the provision of low and moderate income housing as provided in section 7-700, and required parking may be reduced or waived where alley or interior court access is infeasible, in the RM zone pursuant to sections 3-1107 and 8-200(A)(1) and in the R-2-5, RA, RB and W-1 zones pursuant to section 8-200(A)(1).

(B) It shall be unlawful to diminish the off-street parking facility required for any structure or premises by this Article VIII, unless another such facility, meeting all the requirements, is substituted.

(C) Notwithstanding the requirements of this Article VIII, those projects subject to approval under section 11-700 regarding Transportation Management Special Use Permits shall be required to provide for parking and loading in compliance with that section and the approved special use permit.

Section 2. That Section 8-200(F)(3) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(3) The provisions of this section 8-200(F) shall not apply to the enlargement, significant enlargement or significant alteration of single-family, two-family or row or townhouse dwellings.

Section 3. That Sections 8-100 and 8-200 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. 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, for review, and to all such applications which may be filed after such date.

Introduction: 3/9/93
First Reading: 3/9/93
Publication: 3/11/93; 3/12/93
Public Hearing: 3/20/93
Second Reading: 3/20/93
Final Passage: 3/20/93







27


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 30 - 42
Planning Commission (continued)
30. TA #92-030 - Public Hearing and Consideration of text amendments to Article VII (Supplemental Zone Regulations), Section 7-1200 (Utilities), Subsection 7-1202 (Special Use Utilities), of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of eliminating the special use permit requirement for freestanding pad-mounted transformers, and changing the term "static transformer stations" to "electric power substations." Staff: Planning and Community Development.

31. SUP #2474-B - Public Hearing and Consideration of a review of a Special Use Permit for the existing amusement enterprise, fortune reading business, located at 3610 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Eada Mitchell, by William C. Thomas, Jr., attorney.

32. TA #92-018 - Public Hearing and Consideration of an amendment to Article V (Mixed Use Zones), Section 5-600 (CDD/Coordinated Development District), Subsection 5-602 (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 by-right building heights permitted in CDD #3 (Cameron Center) from 77 feet to 100 feet. Staff: Department of Planning and Community Development.

33. 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: Planning and Community Development.

34. SUP #1945-C - Public Hearing and Consideration of a request for a Special Use Permit to expand the seating capacity, change the hours of operation and add live entertainment at the Food Court located at 5 Cameron Street; zoned CD, Commercial Downtown. Applicant: Alexandria Waterfront Associates Limited Partnership, by Duncan W. Blair, attorney.

35. SUP #2654 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant known as Fuddruckers Restaurant located at 4141 Duke Street; zoned CC, Commercial Community. Applicant: Fuddruckers-ARVI, Alexandria, Inc., by Frank S. Miller.

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36. SUP #2670 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 55 South French Street; zoned R-2-5, Residential. Application: Zadie M. Hudson.

37. MPA-92-13 - Public Hearing and Consideration of an amendment to the Seminary Hill/Strawberry Hill Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 3000 block of Duke Street. [This application was filed to change 3614 Duke Street (Normandy Hill Apartments) from a Residential Medium designation to a Commercial Residential Mixed Use-Low designation.) Applicant: N. Vernon Cockrell, by Harry P. Hart, Attorney.

38. MPA-92-7 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing the land use designations in the vicinity of the l00 blocks of North Payne and West Streets. [This application was filed to change 110 North Payne Street (Andrews Warehouse) from a Commercial Downtown designation to a Commercial Residential Mixed Use-Medium or Office Commercial High or Industrial designation.] Applicant: Andrews Stephenson Partnership, by Harry P. Hart, Attorney.

39. MPA-92-8 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 500 block of North Henry and the 1000 block of Pendleton Streets. [This application was filed to change 513-515 North Henry Street and 1018-1020 Pendleton Street from Commercial Service Low to Office Commercial Medium or Commercial General. Applicant: William H. Savage and Ilona S. Garrard, by Harry P. Hart, Attorney.

40. TEXT AMENDMENT #93-010 - Coordinated Development District #3, Cameron Center - 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.

41. 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.



29


42. 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 (CDD)
Conceptual Development Plan

Special Use Permit #2663:

WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council noted the deferrals and withdrawals. The voting was as follows:

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







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FOR INFORMATION
MASTER PLAN AMENDMENTS DENIED BY THE PLANNING COMMISSION
[SEE SECTIONS 9.01 AND 9.05 OF THE CITY CHARTER]

43. MPA-92-12 - Public Hearing and Consideration of an amendment to the Seminary Hill/Strawberry Hill Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 3000 block of Duke Street. [This application was filed to change 3500 Duke Street (known as the "FADCO" site) from a Commercial Low designation to a Community Commercial or Office Commercial High or Commercial Residential Mixed Use-High designation.] Applicant: N. Vernon Cockrell, by Harry P. Hart, Attorney.

44. MPA-92-6 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 600 block of North Payne Street. [This application was filed to change 621 North Payne Street (Security Storage block) from a Commercial Residential Mixed Use-Medium designation to a Commercial Residential Mixed Use-High designation.] Applicant: Security Storage Company of Washington D.C., by Harry P. Hart, Attorney.

45. MPA-92-9 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 500 block of North Fayette Street. [This application was filed to change 520 North Fayette Street (Perkins Warehouse) from a Commercial Residential Mixed Use-Medium designation to an Office Commercial High designation.] Applicant: Alfred W. Perkins, by Harry P. Hart, Attorney.

46. MPA-92-11 - Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan chapter of the 1992 Master Plan by changing land use designations in the vicinity of the 500 blocks of North Fayette and Henry Streets. [This application was filed to change 509-511 North Fayette Street, 1101-1115 Oronoco Street, 516 North Henry Street and 1101 Pendleton Street (Hennage Creative Printers) from a Commercial Residential Mixed Use-High designation to an Office Commercial High designation. Applicant: Joseph H. and June Hennage, by Harry P. Hart, Attorney.

(A copy of a letter from Cyril D. Calley dated March 19, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 43-46; 3/20/93, and is incorporated herewith as part of this record by reference.)

47. MPA-92-5 - Public Hearing and Consideration of a request for an amendment to the King Street/Eisenhower Avenue Small Area Plan section of the adopted 1992 Master Plan to change the Coordinated Development District principles for Cameron Center to allow by-right development up to heights of 100 feet. Applicant: Lehigh Portland Cement Company, by Donald F. Simpson, Developer Agent.

(A copy of a letter from Donald F. Simpson dated March 17, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 3/20/93, and is incorporated herewith as part of this record by reference.)







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New Business Item No. 1: Councilman Speck announced that with the help of Diane Charles and Gayle Reuter the Christmas In April bake sale raised $165.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, at 5:55 p.m., the Special Public Hearing Meeting of Saturday, March 20, 1993, was adjourned. The voting was as follows:

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



APPROVED BY:



________________________________
PATRICIA S. TICER MAYOR



ATTEST:



___________________________
Beverly I. 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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