Public Hearing Meeting
Saturday, November 14, 1992 - - 9:30 am
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Davis, Director of Housing; Mr. Brannan, Assistant City Manager; Mr. Schott, Director of General Services; Police Chief Samarra; Mr. Moore, Zoning Administrator; Mr. O'Brien, Director of Library; Mr. Platky, Director of Management and Budget; Mr. Sanderson, Director of Real Estate Assessments; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Eiffert, Management Analyst, Human Services; Mr. Noelle, Arborist; Mr. Crabill, Division Chief, Planning and Community Development; Mr. McMahon, Deputy Director, General Services; Sergeant Clancey, Police Department; 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.
2. Public Discussion Period.
(a) Winifrede Ottinger, 805 Franklin Street, President, Alexandria Crew Boosters Club, Inc., gave an overview of the state of the sport of rowing in the City of Alexandria; a copy of Ms. Ottinger's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (a); 11/14/92, and is incorporated herewith as part of this record by reference.
(b) Frank E. Mann, 412 Prince Street, offered his services, as a reasonably objective person in Old Town, to help the City in any way he can on the parking issue.
The City Manager indicated that staff will invite former Mayor Mann to the next meeting and to the succeeding meetings of the Parking Task Force Committee.
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(c) Daniel Singer, 2551 Farmcrest Drive, Herndon, VA, representing the Independence Center of Northern Virginia, expressed his concerns on the proposals to cut the Human Rights Office, the Affirmative Action Office, Group Homes, and the Landlord Tenant Office.
(d) Jane Flinn, 3605 Tupelo Place, spoke in support of maintaining the Office on Women and the Women's Commission and other commissions as well.
(e) Tara Hardiman, 207 Laverne Avenue, Vice Chair of Women's Commission, spoke in opposition to eliminating the Office of Women, the Human Rights Office and the Affirmative Action Office.
(f) Wendi Kaplan, 21 W. Caton Avenue, spoke in support of maintaining the Landlord Tenant Office, the Office on Women, as well as the Battered Women's Shelter.
(g) Steve Mellette, 1417 Juliana Place, spoke in support of the Landlord Tenant Office.
(h) Paul Allison, 9 W. Mt. Ida Avenue, spoke in support of the Human Rights Office.
(i) Richard Reno, 203 Yoakum Parkway, #1510, representing the Alexandria Gay and Lesbian Community Association, spoke in support of the Human Rights Office, as well as the Office on Women, Landlord Tenant Office, Affirmative Action Office, and other organizations that safeguard rights; a copy of Mr. Reno's statement is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (i); 11/14/92, and is incorporated herewith as part of this record by reference.
(j) Pablo Rodriquez, 1706 Commonwealth Avenue, spoke in support of the Landlord Tenant Office.
(k) Lisa Oviatt, 3707 Lyons Lane, spoke against cutting the budget for the Battered Women's Shelter.
(1) Gail Oliver, 435 N. Fayette Street, spoke in support of the Office on Women and Victim Assistance.
(m) Sherita Coles, 3810 Executive Avenue, D-2, spoke in support of the Landlord Tenant Office and the Domestic Violence Program.
Council Member Rich thanked the people who came down to respond to the proposal that is on the table and welcomed any future criticism and analysis. He emphasized that this is on the table for discussion and nothing is set in concrete.
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ORDINANCES AND RESOLUTIONS
WITHOUT OBJECTION, the City Clerk read Docket Items 3 (a) and 3 (b).
3. (a) Public Hearing. Second Reading and Final Passage of AN ORDINANCE (i) to reduce, from $50.00 to $35.00, the fine for parking beyond the two-consecutive-hour maximum on appropriately signed residential streets within the area bounded by the north side of Princess Street, the east side of Washington Street, the south side of Wolfe Street and the Potomac River, and for parking in the 200 and 300 blocks of North Columbus and North Alfred Streets, the 900 block of Cameron Street and the 700 block of Queen Street in violation of the parking restrictions in effect in those blocks, and (ii) to reduce, from 8 a.m.-11 p.m. to 8 a.m-.6 p.m., the period during which the parking restrictions applicable to metered parking spaces on non-residential streets within the area bounded by the north side of Princess Street, the east side of Washington Street, the south side of Wolfe Street and the Potomac River shall remain in effect. (#16(b) 11/10/92; ROLL-CALL VOTE)
3. (b) Public Hearing. Second Reading and Final Passage of AN ORDINANCE to: (a) increase the residential permit parking fees for residents within a designated area of the city; (b) establish a scale of increased fees for the additional vehicles owned by such residents; (c) provide for a self-validating guest permit within that area of the city; (d) provide for a prorated fee refund upon the return of residential permit parking district permits; (e) revise the city code provisions governing the misuse of such permits; (f) increase to $250 the fine for misuse of residential permit parking district permits; and (g) reduce to 24 hours the duration of the tourist permit. (#3(b) 10/17/92; #15(b) 10/14/92; ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated November 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated November 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 11/14/92, 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. 3 of Item No. 3; 11/14/92, and are incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on these items:
Phyllis Kennedy, 139 S. Fairfax Street, representing the Old Town Business Association;
Larry Robinson, 624 S. St. Asaph Street, representing Old Town Civic Association;
Nina Tisara, 1607 King Street, representing KSMET;
Anna Moore, 206 Wolfe Street, representing the Old Town Civic Association as resident member on the Parking Committee;
Michael Anderson, One Cameron Street, representing the Old Town Business Association;
Carol Anderson, 313 Wolfe Street;
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Carol Kimmitt, 119 N. Henry Street;
Virginia Drewry, 118 Prince Street, representing neighbors;
George Ellmore, 1740 Dogwood Drive, representing the business community;
Marjorie Scott, 114 Prince Street;
Ray Lewis, 801 N. Fairfax Street, representing Alexandria Chamber of Commerce Parking Committee;
Charles E. Simpson, Jr., 203 Yoakum Parkway, #904;
Carolyn Merck, 324 N. Royal Street;
Patrick Troy, 132 N. Royal Street, representing Ireland's Own and Irish Walk
Lawrence Silverman, 219 N. Pitt Street;
Robert Dempsey, 214 Prince Street, representing Downtown Residential Alliance;
Father Vaughan P. L. Booker, 322 N. Alfred Street, representing the congregation of Meade Memorial Episcopal Church;
Norma Dempsey, 214 Prince Street, representing Downtown Residential Alliance;
H. Curtiss Martin, 118 Prince Street;
James Graham, 305 S. Royal Street;
James Horbett, 121 King Street; and
John Gager, spoke on these items.)
The public hearing was concluded.
(The Members of City Council, the City Attorney and the City Manager participated in the discussion of this item.
The City Attorney pointed out the amendment to the ordinance identified as the SUBSTITUTE ORDINANCE at the bottom of subsection (a) of Sec. 5-8-93, deleting the term 11 p.m and substituting 7 p.m. This is the only change subsequent to the First Reading on this ordinance.)
3. (a) WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a unanimous ROLL-CALL vote, City Council finally passed the SUBSTITUTE ORDINANCE [which was delivered to Council on 11/13/92] upon its Second Reading, which stops the meters in the commercial zone at 7:00 p.m., which is the Manager's recommendation, and that the fine be reduced from $50 to $35. The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3600
AN ORDINANCE to repeal subsubsection (27A) of subsection (a) of Section 3-2-354 (PENALTIES FOR UNCONTESTED CITATIONS) of Article S (PAYMENT, CONTEST AND ENFORCEMENT OF PARKING CITATIONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and to amend and reordain Section 5-8-93 (PARKING METERS; HOURS AND DAYS OF OPERATION; MAXIMUM TIME LIMITS; RATES) of Article G (PARKING METERS), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), and to amend and reordain Section 10-4-34 (UNLAWFUL PARKING IN PERMIT PARKING DISTRICT) and to repeal Section 10-4-43 (UNLAWFUL PARKING IN DESIGNATED AREAS WITHIN A PERMIT PARKING DISTRICT) of Chapter 4 (STOPPING, STANDING, AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsubsection (27A) of subsection (a) of Section 3-2-354 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.
Section 2. That Section 5-8-93 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and same hereby is amended to read as follows:
Sec. 5-8-93 Parking meters; hours and days of operation; maximum time limits; rates.
(a) The parking meters in zones 1 and 2, established by section 5-8-92 of this code, shall be operated every day of the week except Sundays and legal state holidays, and the daily hours of operation of the meters shall be determined by resolution of the city council; provided, that, within the area bounded on the north by the north side of Princess Street, on the west by a line ten feet to the east of and running parallel to the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River, meters which permit a maximum of two hours of parking shall be in operation from 8 a.m. until 7:00 p.m.
Section 3. That section 10-4-34 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:
Sec. 10-4-34 Unlawful parking in permit parking district.
It shall be unlawful to park a vehicle in a permit parking district in violation of article F, chapter 8, title 5 of this code (section 5-8-71, et seq.).
Section 4. That section 10-4-43 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and same hereby is repealed.
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Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 11/10/92
First Reading: 11/10/92
Publication: 11/12/92; 11/13/92
Public Hearing: 11/14/92
Second Reading: 11/14/92
Final Passage: 11/14/92
3. (b) THEREUPON, a motion was made by Councilman Donley and seconded by Councilman Speck, to move final passage of SUBSTITUTE ordinance 3 (b) which deletes the increase in residential parking permit fees which would have established a scale for increased fees for additional vehicles in the study area and also would have provided a prorated fee for refund upon return of those permits and indicated that Council will consider this matter in April after the study period; which motion was deferred until after lunch in order for the City Attorney to make an additional amendment.
(General Discussion. The City Attorney stated that Council had a public hearing on this ordinance in October. The ordinance made six changes, essentially Council is now going forward with three of the six changes, that's in Roman II A. 1, 2, and 3 of the City Manager's memorandum dated November 13, 1992. Three of the proposed changes Council is not going forward on, the latter three are being deferred. The City Attorney pointed out the deletion of the latter three recommendations as follows: on page 2, in subsection 1, Sec. 5-8-74, the shaded provision that begins with the word "provided" about ten lines that are both shaded and are stricken through; and on page 4 dealing with the new Sec. 5-8-78 that had been added and is now being deleted on the proration of permit fees; and the final change from the First Reading is on page 5 it is changing Sec. 7 of the amendment at the bottom of page 5, simply changing the effective date as the time that the ordinance is passed.
Councilman Speck spoke to one of the issues that Council is deferring and that is the issue of increased charges for the third, fourth, and fifth vehicles. When Council takes this up in the spring, this is a matter in which Council is going to have to decide as precisely as it can what its policy philosophy is. Does Council intend in some form or another to limit the number of permits to roughly approximate the number of spaces? How Council gets to that point whether it be done by costs or by regulatory definition is something Council can discuss, but inherently what Council will have to focus on is whether it wants to make it a matter of articulated policy. He indicated that ultimately he thinks that is what Council is going to have to decide.
At this point, the City Attorney stated that he needed to change one other thing in the ordinance. He just learned that the change that we had made with respect to the definition of household, that staff no longer wants to make that change. He requested that Council defer voting on the ordinance until after lunch.
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Councilman Donley stated that Council would just defer this motion until after lunch. The City Attorney is going to make a technical change. The substance of the motion will not be changed.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried unanimously, City Council requested that the City Attorney prepare an ordinance to extend the parking restrictions from 11 p.m. to 2 a.m., Monday through Sunday, in the six blocks west of Washington Street (200 and 300 blocks of North Columbus and North Alfred Streets; the 900 block of Cameron Street; and the south side of the 700 block of Queen Street) for introduction at the first Council meeting in December. The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
NOTE: City Council considered the ordinance for 3 (b) at the end of the meeting and rescinded its previous motion on this item. City Council finally passed the new ordinance number 3 (b) identifiedas SUBSTITUTE -- NOVEMBER 14, 1992, upon its Second Reading. Please see page 35 of these proceedings for the final consideration of Item No. 3 (b).
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
4. SUP #2620 and SUP #2633 - Public Hearing and Consideration of a request for aSpecial Use Permit to (1) expand the noncomplying use for the existing library (SUP #2620), and (2) reduce parking (SUP #2633), for the property located at 717 Queen Street; zoned RC, Residential. Applicant: City of Alexandria, by Paul H. Symes, architect, Lukmire Partnership.
COMMISSION ACTION (#2620): Recommend Approval 7-0
COMMISSION ACTION (#2633): Recommend Approval 7-0
(A copy of the City Manager's memorandum dated November 10, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of The Downtown Residential Alliance's memorandum dated November 11, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 4; 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Donald M. Walls, 911 Cameron Street, representing the Inner City Civic Association in behalf of Sarah Becker, spoke regarding the waiver of 160 parking spaces due to intensification of use and, secondly that there is no requirement for off-street parking for library employees; and
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Councilwoman Pepper requested that staff explore the possibility of using lots around the Library, such as the First American Bank and the parking lot to the immediate east of the Library in the 300 block of N. Washington Street, on Saturdays or evenings.
The City Manager stated that staff has met with the Director of the Library to work with him to identify parking lots that are already available around there. Also, in a couple of years, hopefully, the Cameron/Columbus lot, which is within easy walking distance of the Library, will be available. City staff also will meet with Mr. O'Brien and his employees with regard to the City program for City employees of parking down at Jones Point and catching the shuttle bus. Staff will also speak to them about public transportation, ridesharing and other things that the City does with other businesses in the area. Through a combination of several approaches, staff will try to address the issue of parking.
Robert Dempsey, 214 Prince Street, representing The Downtown Residential Alliance and the Inner City Civic Association, indicated that Mr. Walls had addressed the question that he was going to address. He stated that it is encouraging to hear that the City will encourage the employees of the Library to find off-street parking; however, he feels that they should be required to find off-street parking.)
The public hearing was concluded.
WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Councilman Jackson to approve the Planning Commission's recommendation to approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Condition #3, and requested that a true conscientious effort be made with Condition #3.
(General Discussion. There was considerable discussion on the motion.
Councilwoman Pepper requested that a true conscientious effort be made with Condition #3. It is a question of equity and she thinks whatever can be explored, be explored.
The City Manager stated that it is her understanding from Mr. O'Brien that the maximum number of employees at the Library at any one time, and the average is probably less, is 15. The 28 number includes the number of part-timers who help extend the hours during the week until 9:00 p.m. With regard to the policy of City employees at City Hall, it is our policy that they are not to be in a residential neighborhood and they are not to be feeding the meters. Feeding the meters is illegal and it is not our policy that long-term parking go on at the meters or in the neighborhoods. That is why we began this program a few years ago at Jones Point. There are several hundred spaces there, and the City is continuing to pave. It is free to City employees and there is a small bus that brings the employees to City Hall starting at 7:00 a.m. until a little after 9:00 a.m. The bus is used during the day by the senior citizens and then in the evening the employees are shuttled back to Jones Point to get their cars. If employees have to stay for a meeting of Council or any other board or commission that they staff, she recommends that they leave in the afternoon and bring the car up here so that they are not going down at 10:00 p.m. or 11:00 p.m. to Jones Point. She will get out another memorandum to the
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City employees as a result of the discussions this morning reminding them again what our parking policies are. She reaffirms the staff commitment to work with Mr. O'Brien to try to identify off-street parking spaces.
Councilman Speck spoke to strengthening Condition No. 3 to make the approval of the use permit contingent upon a satisfactory parking management plan for the new Library.
There was further discussion among Members of City Council and the City Manager.)
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council amended the main motion to approve the permit subject to Condition No. 3, which is to require that the applicant present a transportation parking plan to include a plan for off-street parking by employees and other steps to insure the use of alternative transportation and parking other than on-street parking. [That is the gist of the condition, the details can be worked on.] The voting was as follows:
Speck "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Pepper "aye"
THEREUPON, City Council returned to the main motion made by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, City Council approved the Planning Commission's recommendation and granted the requests, subject to compliance with all applicable codes, ordinances and staff recommendations, and subject to condition 3, as amended to read: "#3. To require that the applicant present a transportation parking plan to include a plan for off-street parking by employees and other steps to insure the use of alternative transportation and parking other than on-street parking." [This is the gist of the condition, the details can be worked on.] The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
New Business Item No. 1: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, at 1:15 p.m., City Council moved that City Council convene an executive session, at this time, for the purposes of: consulting with and receiving a briefing from legal counsel pertaining to specific legal matters other than litigation that require the provision of legal advice by counsel, pursuant to section 2.1-344(7) of the Virginia Code; consulting with and receiving a briefing from legal counsel pertaining to the following pending litigation involving the City, pursuant to section 2.1-344(7) of the Virginia Code: * Potomac Greens Limited Partnership vs. City of Alexandria, which involves a challenge to the City's 1987 denial of a site plan application for the Potomac Greens site, and which is now pending on appeal in the Virginia Supreme Court; * RF&P Properties Inc. vs. City of Alexandria,9
which involves a challenge to the June 1992 rezoning of the Potomac Yard and which is now pending in the Circuit Court for the City of Alexandria; and * RF&P Railroad Company vs. City of Alexandria, which involves a challenge to the June 1992 rezoning of the Potomac Greens site and which is now pending in the Circuit Court for the City of Alexandria. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
Whereupon, at 2:06 p.m., the meeting was reconvened and the following transpired:
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
5. (a) Public Hearing and Consideration of an Amendment to the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria to increase the amount of development permitted under the CDD Guidelines for the Small Area Plan from 2.75 to 3.75 million square feet of office space, from 3,500 to 4,500 residential units, and from 300,000 to 425,000 square feet of retail space.
COMMISSION ACTION: Recommend Approval 5-2
(A copy of the Planning Commission report dated October 29, 1992, and November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5 (a); 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
James Mulligan, 4600 Duke Street, #1610, representing the Alexandria Parks and Recreation Commission, requested the inclusion of a required percentage of public open space/recreation;
Michael Holm, 445 Old Town Court, representing the Chamber of Commerce, spoke in support;
Georgia Cannady, 1103 Dartmouth Road, president, the Alexandria League of Women Voters, spoke in opposition; a copy of Ms. Cannady's statement dated November 14, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5 (a); 11/24/92, and is incorporated herewith as part of this record by reference;
George Pickett, 501 Cathedral Drive, spoke in opposition;
Phil Sparks, 203 W. Mason Avenue, representing No Gridlock!!, spoke in opposition;
Jack Sullivan, 4300 Ivanhoe Place, representing No Gridlock!!, spoke in opposition;
Ed Hatcher, 19 W. Walnut Street, spoke in opposition;
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Rod Kuckro, 209 E. Alexandria Avenue, representing the Federation of Civic Associations, spoke in opposition;
Ray Lewis, 2105 Wakefield Court, representing the Chamber of Commerce, spoke in support; and
Bernard Brenman, 4600 Duke Street, #1609, spoke in support.)
The public hearing was concluded.
(General Discussion. The Members of City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Jackson and carried unanimously, City Council accepted the recommendation of the Planning Commission to put into effect the identified amendment to the Potomac Yard/Potomac Greens Small Area Plan. The voting was as follows:
Cleveland "aye" Donley "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS (continued)
5. (b) Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Potomac Yard/Potomac Greens Small Area Plan chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting revised CDD guidelines to provide for an increase in the amount of development permitted with a CDD special use permit from 2.75 to 3.75 million square feet of office space, from 3,500 to 4,500 residential units, and from 300,000 to 425,000 square feet of retail space.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5 (b); 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5 (b); 11/14/92, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilman Speck and carried unanimously, City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, November 24, 1992, with the amendment that in Section 2 on page 2 of the ordinance, paragraph 1 that is stricken in paragraph 4 of the CDD guidelines should be left in the ordinance. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Speck "aye" Pepper "aye"
Rich "aye"
At 3:15 p.m., Councilman Jackson left the meeting.11
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
6 . Public Hearing on the Draft Comprehensive Housing Affordability Strategy (CHAS) Annual Plan for Federal Fiscal Year 1993.
(A copy of the City Manager's memorandum dated October 30, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried on a vote of 6-to-0, City Council released the Draft CHAS Annual Plan for FFY 93 for publication and comment and scheduled it for consideration at the public hearing on December 12, 1992. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson left meeting
Donley "aye" Rich "aye"
Speck "aye"
7. Public Hearing on the City of Alexandria 1992 Annual Report.
(A copy of the Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of the Budget and Fiscal Affairs Advisory Committee's memorandum dated November 14, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Norman Draper, 502 Ivy Circle, representing the Budget and Fiscal Affairs Advisory Committee; and
Georgia Cannady, 1103 Dartmouth Road, president of the Alexandria League of Women Voters; a copy of Ms. Cannady's statement dated November 14, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 7; 11/14/92, and is incorporated herewith as part of this record by reference.)
The public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the report. The voting was as follows:
Rich "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson left meeting
Speck "aye"
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8. Public Hearing on and Consideration of the Gypsy Moth Program for the City of Alexandria.
(A copy of the City Manager's memorandum dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Councilwoman Pepper asked questions of Mr. Kauffman, Director of Recreation, Parks and Cultural Activities.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried on a vote of 6-to-0, City Council approved a 1993 gypsy moth suppression program as recommended by staff, with the following components: (1) Aerial spraying of the 96.5 acres shown in Attachment 1 of the City Manager's report with Bacillus thurinqiensis (B.t.), in cooperation with the Virginia Department of Agriculture and Consumer Services (VDACS). (The area shown is located in the Beverley Hills section of the City.); (2) Declaration that the aerial and ground spray programs are to be voluntary, that a 200-foot buffer zone will be maintained around the property of any objector, and that ground spraying will be provided for those desiring their properties to be treated within the buffer areas surrounding objectors and in other locations specified by the City Arborist; (3) Authorization for the City Manager to enter into an agreement with a private contractor for the ground spray application of B.t. in areas to be specified by the City Arborist; and (4) Implementation of other gypsy moth suppression measures to include the release of parasites, and the distribution of burlap banding and educational materials in cooperation with VDACS. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson left meeting
Donley "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
9. BAR CASE #92-185 - Public Hearing on and Consideration of an Appeal from a decision of the Board of Architectural Review, Old and Historic District, denying approval for the project as built at 619 South Royal Street.
(A copy of applicant's letter of withdrawal dated November 10, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/14/92, and is incorporated herewith as part of this record by reference.)
NOTE: THE APPLICANT HAS REQUESTED THAT THIS ITEM BE WITHDRAWN. THIS APPEAL WAS LEGALLY FILED WITH THE CITY CLERK AND DULY ADVERTISED. IT MUST BE OFFICIALLY DISMISSED BY CITY COUNCIL.
WITHOUT OBJECTION, City Council noted the withdrawal of this item.
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Planning Commission (continued)
10. SUP #2441-B - Public Hearing and Consideration of a review of a special use permit for the automobile repair and painting business 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 report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. Simpson's letter dated November 12, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Harry P. Hart, 307 N. Washington Street, representing the owner of the business, spoke in support; and
James Hanagan, 307 N. Washington Street, also representing the owner of the business, spoke in support.
Members of Council asked questions of Mr. Hart, Mr. Hanagan, Mr. Lynn, Director of Planning and Community Development; and Mr. Moore, Zoning Administrator.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council granted the special use permit, subject to compliance with all applicable codes and ordinances and the staff conditions in its alternative recommendation with the request that it be reviewed in six months. The attorney for the applicant stated that the business will continue to be not only a basically clean and orderly [operation] but will be without violation of the conditions. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson left meeting
Ticer "aye" Rich out of room
Speck "aye"
11. VACATION #92-004 - Public Hearing and Consideration of a request for vacation of a public alley right-of-way adjacent to the property located at 118 West Alexandria Avenue; zoned R-5, Residential. Applicant: Daniel D. Geller, and appointment of viewers for same.
COMMISSION ACTION: Recommend Denial 5-2
(A copy of Planning Commission report dated November 5, 1992 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/14/92 and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Daniel Geller, 532 N. Washington Street, applicant, spoke in support; and
Ron Fitzsimmons, 116 W. Alexandria Avenue, spoke against.
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(General Discussion. The Members of City Council, Mr. Geller, Mr. Fitzsimmons, and the City Attorney participated in the discussion of this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and denied this request. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Rich "aye" Jackson left meeting
Speck "aye"
12. VACATION #92-005 - Public Hearing and Consideration of a request for vacation of a public alley right-of-way for the property located at 4501-4601 Duke Street, known as the Fox Chase Shopping Center; zoned CG, Commercial General. Applicant: First Alexandria Associates, by H. Alan Young, attorney, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/12/92, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing of this item:
Bernard Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this item.
Councilwoman Pepper asked questions of Mr. Young, attorney representing the applicant.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #9 and added Condition #11. The Mayor subsequently appointed Betsy Alexander, Dennis Gallagher and Jim McIntyre, Chair, as viewers. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson left meeting
Ticer "aye" Rich "aye"
Speck "aye"
13. CASE #TA-92-13 - Public Hearing and Consideration of an amendment to Article III (Residential Zone Regulations), Section 3-300 (R-8/Single Family Zone) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of adding "Nursing or Convalescent Home or Hospice" as a special use permit (SUP) use in the R-8 Single Family Zone.
COMMISSION ACTION: Recommend Denial 6-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
15
WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and denied the proposed text amendment. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Speck "aye"
14. CASE #TA-92-14 - Public Hearing and Consideration of amendments to Article II (Definitions), Sections 2-143 (Family), 2-174 (Medical Care Facility), 2-129 (Congregate Housing Facility) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of considering amendments proposed by the Alexandria Community Services Board, to change the definition of family to count two children under 7 years of age as one person, to add substance abuse outpatient or day programs to the definition of Medical Care Facility and to define group homes.
COMMISSION ACTION: Recommend Approval of amendments to sections 2-143 and 2-174 and Denial of the article II definitions 6-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14, 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. LaMois' letter dated November 12, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/14/92, and is incorporated herewith as part of this record by reference.)
(Loyd M. LaMois, Chair, Alexandria Community Services Board, was available to answer questions.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed amendments to Sections 2-143 and 2-174; Councilwoman Pepper stated that the Commission had recommended denial of Article II definitions 6-0, but that Mr. LaMois [representing the Community Services Board] would like Council to note that that portion of what Council is voting on should be withdrawn and Council would be voting on the other two Sections, 2-143 and 2-174. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson left meeting
Speck "aye"
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15. CASE #TA-92-15 - Public Hearing and Consideration of a proposed amendment to Article VII (Supplemental Zone Regulations), Section 7-200 (Permitted Structures in Required Yards), Subsection 7-202(B)(5) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of bringing the zoning ordinance noise level restriction on air conditioning units in required rear or side yard areas in residential zones into compliance with the noise level restriction in Section 11-5-5 of the Health, Environmental and Sanitary Regulations of the Alexandria City Code.
COMMISSION ACTION: Recommend Approval 6-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(General Discussion. Members of City Council, the City Attorney, Mr. Lynn, Director of Planning and Community Development, and Mr. Crabill, Division Chief, Planning and Community Development, participated in the discussion.)
WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed text amendment. The voting was as follows:
Donley "aye" Cleveland "aye"
Rich "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Speck "aye"
16. CASE #TA-92-16 - Public Hearing and Consideration of amendments to Article XI (Development Approvals and Procedures), Section 11-419 (Application to Site Plans Previously Filed) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of changing the cut-off date affecting previously approved site plans from February 23, 1985, to September 1, 1984. All site plans approved on or before the cut-off date, unless otherwise vested, would no longer be valid.
COMMISSION ACTION: Recommend Denial 6-0 and suggest that site plan filing fees be waived for resubmission of the Pitt Street Center site plan.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. Blair's letter dated November 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 11/14/92, and is incorporated herewith as part of this record by reference.)
WITHOUT OBJECTION, City Council noted the deferral of this text amendment to the Saturday, December 12 Public Hearing Meeting.
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17. CASE #TA-92-17 - Public Hearing and Consideration of possible amendments to Title 7, Chapter 1 of the Code of the City of Alexandria, Virginia, the nature of which would be to repeal Article A (City Planning Commission Establishment, Removal of Members, Meetings and Attendance at Meetings)) and reordain it in Article I (General Regulations) in the June 24, 1992, Zoning Ordinance.
COMMISSION ACTION: Recommend Approval 6-0.
(A copy of the Planning Commission report dated October 20 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Council Member Rich and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and approved the proposed text amendment. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Rich "aye" Jackson left meeting
Speck out of room
18. CASE #TA-92-18 - Public Hearing and Consideration of possible amendments to the zoning ordinance of the City of Alexandria, the nature of which would be change the CDD/Coordinated Development District regulations to:
1) Increase the by-right height in CDD #3 Cameron Center from 77 feet to 100 feet [Section 5-602(A)].
2) Incorporate time limits within which the planning commission must submit its recommendation on conceptual design plans, preliminary development plans, final development plans or combination plans to City Council and within which City Council must act.
3) Reduce the time between the required pre-application meeting and submission of a conceptual design plan or a combined conceptual design plan and preliminary development plan from 90 days to 45 days [Section 5-603(C)].
4) Repeal Section 5-607(A) which requires an owner of land within an area zoned CDD to submit a certification demonstrating that diligent attempts have been made without success, to bring about a joint application with other land owners in a CDD designated area.
COMMISSION ACTION: Issue (1) Recommend Denial 4-2, (2) Recommend Denial 6-0, (3) Recommend Denial 6-0, but requested study of whether or not the 90-day period is mandatory, (4) Recommend Denial 6-0.
(A copy of the Planning Commission report dated October 20 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/14/92, and is incorporated herewith as part of this record by reference.
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A copy of Mr. Simpson's letter dated November 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WITHOUT OBJECTION, City Council noted the deferral of this item. (December or January)
19. CASE #TA-92-19 - Public Hearing and Consideration of possible amendments to Section 3-800 (RCX/Medium Density Apartment Zone) and Section 3-900 (RC/High Density Apartment Zone) to add medical offices as a special use permit use on the first floor or a floor below the first floor in buildings four or more stories in height.
COMMISSION ACTION: Recommend Denial 7-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Councilwoman Pepper stated that she wished to abstain from this. She stated that she lives in a building that is zoned RC. Her husband is a doctor who has an office on the first floor and she would not want in any way for this to appear that there would be a conflict of interest. The City Attorney has assured her that she could vote on this if she chose to; but, she would not want there to be any appearance of a conflict so she is abstaining.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried on a vote of 4-to-0-to-1, City Council approved the Planning Commission recommendation and denied the proposed text amendment. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson left meeting
Ticer "aye" Pepper abstained
Speck out of room
20. CASE #TA-92-22 - Public Hearing and Consideration of possible amendments to the City of Alexandria Zoning Ordinance, the nature of which would be to change fuel yards from a permitted use in the I/Industrial zone to a special use permit use.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
19
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed text amendment. The voting was as follows:
Donley "aye" Ticer "aye"
Pepper "aye" Jackson left meeting
Cleveland "aye" Rich "aye"
Speck "aye"
21. CASE #TA-92-23 - Public Hearing and Consideration of an amendment to section 7-1500 (Outdoor Display or Storage of Goods or Merchandise), the nature of which would be to add a portion of the regulations which were inadvertently left out when the zoning ordinance was adopted on June 24, 1992.
COMMISSION ACTION: Recommend Approval, with correction, 7-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Donley and Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed text amendment, changing the "of" to "or" in the third line of underlined text. The voting was as follows:
Rich "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson left meeting
Speck "aye"
22. CASE #TA-92-24 - Public Hearing and Consideration of possible amendments to the W-1 zone in the City of Alexandria Zoning Ordinance, the nature of which would be to:
1) Reenact density and minimum lot requirements;
2) Reenact minimum 50-foot frontage requirement for multi-family dwellings;
3) Reenact side and rear setback requirement for multi-family dwellings;
4) Authorize the Planning Commission to allow deck or roof top space to be counted as open and usable space;
5) Allow residential parking on the ground floor of buildings.
COMMISSION ACTION: Recommend Approval, changing issue 4 to include landscaped common area and excluding balconies 7-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/14/92, and is incorporated herewith as part of this record by reference.)
20
(The following person participated in the public hearing on this item:
Bernard Brenman, 4600 Duke Street, #1609, spoke in support.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed text amendment adding to issue 4) that a deck or roof top space be landscaped common area for common use and not to include balconies. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson left meeting
Speck "aye"
23. MPA-92-2 - Public Hearing and Consideration of possible amendments to the Old Town Small Area Plan chapter of the 1992 Master Plan to change the Master Plan designation in the vicinity of Washington Street and Wilkes Street. [This application was filed to change parcel 74.04-10-13, 601 Wilkes Street, (Tannery House), from Commercial Downtown to Residential High.]
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Councilwoman Pepper asked questions of Mr. Lynn, Director of Planning and Community Development.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed amendment. The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson left meeting
Ticer "aye" Rich "aye"
Pepper "aye"
24. MPA-92-3 - Public Hearing and Consideration of possible amendment to the Old Town Small Area Plan chapter of the 1992 Master Plan to change the Master Plan designation in the vicinity of King and Columbus Streets. [This application was filed to change parcel 74-02-15-11, 121 South Columbus Street, from Residential Medium to Commercial Downtown.]
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 11/14/92, and is incorporated herewith as part of this record by reference.)
(Jeanne Goldberg, 121 S. Columbus Street, representing Victor M. Glasberg, was available to answer questions.)
21
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the proposed amendment. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Speck "aye"
25. MPA-92-5 - Public Hearing and Consideration of possible amendment to the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan to change CDD principles for development without a CDD Special Use Permit. [This application was filed to change the height allowed without a CDD special use permit on parcels 71.00-02-8,9,10, 2901 Eisenhower Avenue (Cameron Center) from 77 feet to 100 feet.]
COMMISSION ACTION: Recommend Denial with request that staff prepare an amendment to the small area plan to change the land use designation to OCM-100, 4-2.
(A copy of the Planning Commission report dated October 20, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. Simpson's letter dated November 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 11/25/92, and is incorporated herewith as part of this record by reference.)
WITHOUT OBJECTION, City Council noted the deferral. (December or January)
26. SUP #0869-A - Public Hearing and Consideration of a request for a Special Use Permit to expand the nursery school located at 316 South Royal Street, within the Old Presbyterian Meeting House; zoned RM, Residential. Applicant: Meeting House Cooperative Preschool, by Catherine Lethbridge.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of Mr. Skrabak's memorandum dated November 12, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and with the added condition: "That the applicant take whatever actions are necessary to comply with the Noise Control Code by April 30, 1993." The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley out of room
Ticer "aye" Jackson left meeting
Speck "aye"
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27. SUP #1931-A - Public Hearing and Consideration of a request of a review of a special use permit for the parking lot located at 205 South Henry Street; zoned CL, Commercial Low. Applicant: Fannon Petroleum Services, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 11/14/92, and is incorporated herewith as part of this record by reference.)
(Duncan W. Blair, P. O. Box 820, attorney representing the applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Speck "aye" Cleveland "aye"
Rich "aye" Donley out of room
Ticer "aye" Jackson left meeting
Pepper "aye"
28. TEXT AMENDMENT #92-025 - Public Hearing and Consideration of amendments to Article II: Definitions, Section 2-118 (Automobiles and Trailer Rental or Sales Area) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of amending the existing definition to allow general automobile repair as an accessory use for new car dealerships having a certain minimum building size. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and approved the text amendment. [The City Attorney is to prepare the appropriate ordinance.) The voting was as follows:
Speck "aye" Cleveland "aye"
Rich "aye" Donley out of room
Ticer "aye" Jackson left meeting
Pepper "aye"
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29. TEXT AMENDMENT #92-026 - Public Hearing and Consideration of an amendment to Article VI: Special and Overlay Zones, Section 6-100 (POS/Public Open Space and Community Recreation Zone), Subsection 6-106 (Bulk, Space and Yard Requirements) of the Zoning Ordinance of the City of Alexandria, Virginia, for the purpose of changing the maximum building height allowed with a special use permit from 30 feet to 50 feet. Staff: Planning and Community Development, Special Projects Division.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the City Manager's memorandum dated November 12, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 11/14/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 5-to-0, City Council tabled this text amendment. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley out of room
Ticer "aye" Jackson left meeting
Speck "aye"
30. TEXT AMENDMENT #92-031 - Public Hearing and Consideration of amendments to Article XIII: Environmental Management, of the Zoning Ordinance of the City of Alexandria, Virginia, to conform to the requirements of the Chesapeake Bay Local Assistance Board's decision finding the Alexandria Ordinance in compliance with State law. Staff: City Attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Council Member Rich and Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and approved the text amendment. [City Attorney is to prepare the necessary ordinance.] The voting was as follows:
Speck "aye" Ticer "aye"
Rich "aye" Donley out of room
Cleveland "aye" Jackson left meeting
Pepper "aye"
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31. SUP #1430-A - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant (bakery) with carry-out service and retail grocery sales located at 352 South Pickett Street, within the Trade Center; zoned CDD #8, Coordinated Development District. Applicant: Mediterranean Bakery, Inc., by Sleiman A. Kysia.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Bernard Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this application.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Speck "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Jackson left meeting
32. SUP #2456-E - Public Hearing and Consideration of a request for a Special Use Permit to expand the noncomplying use (automobile body and paint shop) located at 3700 Jefferson Davis Highway; zoned CDD #7, Coordinated Development District. Applicant: Bijan's Car City, by Daria Karimian.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 11/14/92, and is incorporated herewith as part of this record by reference.)
(William C. Thomas, Jr., 1733 King Street, attorney representing the applicant, was available to answer questions.
Councilwoman Pepper made comments on this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson left meeting
Speck "aye"
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33. SUP #2514-A - Public Hearing and consideration of a request for a Special Use Permit to erect a sign for a nonconforming use (dry cleaners) located at 805 Bashford Lane; zoned RB, Residential. Applicant: Woo Yearl Kim.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 11/14/92, and is incorporated herewith as part of this record by reference.)
(Woo Y. Kim, 805 Bashford Lane, applicant, and David C. Fleage, 4103 Adrienne Drive, representing the applicant, were available to answer questions.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #2 and Condition #3. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson left meeting
Speck "aye"
34. SUP #2575-A - Public Hearing and Consideration of a request for a Special Use Permit to amend a condition concerning the sprinkler system for the restaurant located at 516 South Van Dorn Street, Units E and F, within the Van Dorn Station Shopping Center; zoned CG, Commercial General. Applicant: Abdennaceur Charouel, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Bernard Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this application.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson left meeting
Speck "aye"
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35. SUP #2628 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant with carry-out and delivery service located at 281 South Van Dorn Street, within the Van Dorn Plaza; zoned CG, Commercial General. Applicant: Edgardo's and Don Alberto's Pizza, by Zel Alexander Afzall.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Councilwoman Pepper asked questions regarding the parking in the shopping center.
Zel Alexander Afzall, applicant, answered questions.
Mr. Moore, Zoning Administrator, Mr. Lynn, Director of Planning and Community Development, and Mr. O'Kane, Director of Transportation and Environmental Services, also answered questions.
Councilwoman Pepper requested staff to monitor the traffic problems at BJ's.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Speck "aye"
36. SUP #2632 - Public Hearing and Consideration of a request for a Special Use Permit to operate a private dance school located at 512 South Van Dorn Street, Units D and E, within the Van Dorn Station Center; zoned CG, Commercial General. Applicant: Chris Collins Dance Studio, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 5, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 11/14/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Bernard Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support; and
Duncan W. Blair, P. O. Box 820, attorney representing the applicant, was available to answer questions.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Rich and Councilman Donley and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Ticer "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Jackson left meeting
Speck "aye"
ORDINANCES AND RESOLUTIONS (continued)
37. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to create an eight-member standing committee, known as the Alexandria Community Policy and Management Team, to manage a cooperative interagency effort to serve troubled and at-risk youths and their families. (#13(b) 11/10/92; ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated November 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 11/14/92, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck 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:
Rich "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Ticer "aye" Jackson left meeting
Pepper "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3601
AN ORDINANCE to amend Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Chapter 12 (ALEXANDRIA COMMUNITY POLICY AND MANAGEMENT TEAM).
WHEREAS, the 1992 General Assembly enacted the Comprehensive Services Act for At-Risk Youth and Families which has been codified at section 2.1-746, et seq., of the Code of Virginia (1950), as amended;
WHEREAS, the Comprehensive Services Act for At-Risk Youth and Families is intended to:
ensure that services and funding are consistent with the Commonwealth's policies of preserving families and providing appropriate services in the least restrictive environment, while protecting the welfare of children and maintaining the safety of the public;
identify and intervene early with young children and their families who are at risk of developing emotional or behavioral problems, or both, due to environmental, physical or psychological stress;
design and provide services that are responsive to the unique and diverse strengths and needs of troubled youths and families;
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increase interagency collaboration and family involvement in service delivery and management;
encourage a public and private partnership in the delivery of services to troubled and at-risk youths and their families; and
provide communities flexibility in the use of funds and to authorize communities to make decisions and be accountable for providing services in concert with these purposes;
WHEREAS, the Comprehensive Services Act for At-Risk Youth and Families establishes a state management team to better serve the needs of troubled and at-risk youths and their families by managing a cooperative interagency effort at the state level and by providing support to community efforts and to community policy and management teams on the local level;
WHEREAS, the Comprehensive Services Act for At-Risk Youth and Families requires local governments in Virginia to establish community policy and management teams whose function will be to manage the cooperative effort on the local level to serve the needs of troubled and at-risk youths and their families, and to utilize state and local resources that are designated for this purpose; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same is hereby amended by adding thereto a new Chapter 12, to read as follows:
CHAPTER 12
ALEXANDRIA COMMUNITY POLICY AND MANAGEMENT TEAM
Sec. 12-12-1 Creation.
There is hereby established the Alexandria Community Policy and Management Team which shall have the functions and duties set out in this chapter.
Sec. 12-12-2 Composition; appointment; terms and compensation of members; filling vacancies.
The community policy and management team created by section 12-12-1 shall consist of eight members. Six of the eight members shall be the following public officials or the designees of such officials: the executive director of the Alexandria community services board, the director of the Alexandria juvenile court services unit, the director of the city's department of health, the director of social services within the city's department of human services, the superintendent of schools, and the city's director of financial and informational services. The remaining two members of the team shall be a representative of a private organization or association of providers of children's or family services whose office is located within the city, and a parent representative who is not an employee of any public or private program which serves children and families. All members of the team shall be appointed by city council and shall serve for a term of two years; provided, that the private provider representative and the parent representative members shall be appointed by council, upon the recommendation of the public official members of the team. All members of the team shall file the financial disclosure form required by section 2-5-11 of this code, and their filing shall be in accordance with the provisions29
of said section. Any vacancy occurring in the provider representative or parent representative position on the team shall be filled for the balance of the unexpired term in the same manner as original appointments to such positions are to be made. Members of the team shall serve without compensation, but may receive such reimbursement for expenses as city council may allow.
Sec. 12-12-3 Chairperson; meetings; confidentiality; rules of procedure.
(a) The community policy and management team shall elect a chairperson from among its members who shall serve for a period of one year. All members of the team shall be entitled to vote on all matters, and the decisions of the team shall be determined by a majority vote of the members present and voting. A quorum of five members present shall be required before the team may take official action. A member present but not voting shall be considered in counting a quorum.
(b) Proceedings held to consider the appropriate provision of services and funding for a particular child or family, or both, who have been referred to a family assessment and planning team and whose case is being assessed by this team or reviewed by the community policy and management team shall be confidential and not open to the public, unless the individuals who are the subjects of the proceeding request in writing that it be open. All information about specific children and families obtained by the community policy and management team or a family assessment and planning team in the discharge of its responsibilities pursuant to this chapter shall be confidential.
(c) The community policy and management team may establish its own operating and procedural rules, provided they are not contrary to the mandate or spirit of this chapter or sections 2.1-746 through 2.1-759 of the Code of Virginia (1950), as amended, or other laws.
Sec. 12-12-4 Function and duties.
(a) The functions of the community policy and management team shall be to manage the cooperative effort in the city to serve the needs of troubled and at-risk youths and their families, and to maximize the use of state and city resources that are designated for this purpose.
(b) In order to carry out these functions, the team shall:
(1) Develop interagency policies, which shall be subject to city council review, and procedures to govern the provision of services to troubled and at-risk children and families in the city;
(2) Develop interagency fiscal policies governing the team's access to the state pool of funds that are available to provide services to troubled and at-risk youths and families, including immediate access to funds for emergency services and shelter care;
(3) Coordinate long-range, city-wide planning which ensures the development of resources and services needed by troubled and at-risk children and families in the city;
(4) Establish one or more family assessment and planning teams which shall perform the functions required by law;
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(5) Establish policies governing referrals to and reviews of children and families by family assessment and planning teams, including a process for reviewing any such team's recommendations and requests for funding;
(6) Establish quality assurance and accountability procedures for program utilization and funds management;
(7) Establish procedures for obtaining bids on the development of new services;
(8) Manage funds allocated to the team from the state pool of funds and the state trust fund, both of which are provided for by state law, and from any other source;
(9) Authorize and monitor the expenditure of funds by the family assessment and planning teams;
(10) Submit to the state trust fund grant proposals approved by city council;
(11) Enter into contracts for the provision or operation of services upon approval of the city manager;
(12) Serve as the city's liaison to the state management team; and
(13) Perform any other duties as required by law or imposed by city council.
Sec. 12-12-5 Legal services.
The city attorney shall provide legal services to the community policy and management team, except where there exists a dispute between the team and a department or agency represented by a member of the team or another department or agency of the city, in which case the team may, with the approval of the city manager, retain the services of a private attorney.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 11/10/92
First Reading: 11/10/92
Publication: 11/12/92; 11/13/92
Public Hearing: 11/14/92
Second Reading: 11/14/92
Final Passage: 11/14/92
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 38 - 53
38. CASE #TA-92-20 - Public Hearing and Consideration of possible amendments to the zoning ordinance, the nature of which would be to eliminate the requirement of special use permit approval for changes in use of certain non-complying and/or non-conforming uses.
COMMISSION ACTION: Deferred for study of Mechanic option 7-0.
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39. CASE #TA-92-21 - Public Hearing and Consideration of possible amendments to the City of Alexandria Zoning Ordinance, the nature of which would be to adopt regulations to permit Single Room Occupancy (SRO) use in certain zone classifications.
COMMISSION ACTION: Deferred at the request of the City Manager.
40. MPA-92-1 - Public Hearing and Consideration of possible amendments to the Alexandria West Small Area Plan chapter of the 1992 Master Plan to change the Master Plan designation in the vicinity of Seminary Road and Dawes Avenue. [This application was filed to change parcels 10.00-01-13,14,35,36 (5350 and 5410 Dawes, and 5319 and 5333 Fillmore) from a single-family Residential Low designation to a townhouse Residential Medium designation.]
COMMISSION ACTION: Deferred prior to meeting.
41. VACATION #92-003 - Public Hearing and Consideration of a request for vacation of a public alley right-of-way for the property located at 911 Princess Street; zoned RB, Residential. Applicant: Warren W. Taylor, Jr., Trustee.
COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing.
42. SUP #2631 - Public Hearing and Consideration of a request for a Special Use Permit to construct a single-family dwelling on a substandard lot located at 1 East Nelson Avenue; zoned R-2-5, Residential. Applicant: Our Development Company, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Deferral to December Hearings 7-0; Reason: To allow applicant time to resolve design issues.
43. SUP #1686-D - Public Hearing and Consideration of a request for a Special Use Permit to add tire sales, change the ownership and hours of operation of the automobile sales business located at 725 North Henry Street; zoned CSL, Commercial Service/Low. Applicant: Giant Used Tires, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: Applicant failed to send legal notice.
44. SUP #2009-C - Public Hearing and Consideration of a request for approval of an amendment to the Bulfinch Square residential cluster special use permit to allow a storage area to be converted to a garage for the parking of an automobile and curb cut and driveway apron to service the garage for the property located at 401 North Saint Asaph Street; zoned RM, Residential. Applicant: Robert S. Brandt, by James L. Brown.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: Applicant failed to send proper legal notice.
45. SUP #2028-A - Public Hearing and Consideration of a request for a Special Use Permit to remove a parking lot for the cluster development known as Quaker Hill located at Duke Street, Yale Drive and Dartmouth Road; zoned RB, Residential. Applicant: Cameron General Partnership, by Mark Holcombe.
COMMISSION ACTION: Withdrawn by Staff Prior to Hearing
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46. SUP #2607 - Public Hearing and Consideration of a request for a Special Use Permit to determine the vested rights of the property located at 1650-1652 Diagonal Road, 1625-1625-A Prince Street and 156-A, 156-B and 156-C Daingerfield Road; zoned OCH, Office Commercial. Applicant: Upper King Street Associates, c/o Oliver Carr Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Deferred by Staff Prior to Hearing
47. SUP #2619 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant with delivery service located at 3225 Duke Street, Unit 32, within the Hechinger Commons Shopping Center; zoned CG, Commercial General. Applicant: Pizza Hut of Washington, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: To allow applicant time to work with staff.
48. SUP #92-2624 - Public Hearing and Consideration of a request for a Special Use Permit to expand a noncomplying use (automobile repair garage) for used automobile sales located at 3600 Jefferson Davis Highway; zoned CDD #7, Coordinated Development District. Applicant: Bijan's Auto Sales, by Daria Karimian.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: To allow applicant time to work with staff.
49. SUP #2625 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 277 South Van Dorn Street, within the Van Dorn Plaza; zoned CG, Commercial General. Applicant: Fu Shing, Inc., t/a Fu Shing Chinese Carry-out, by Kuang Hua Ying.
COMMISSION ACTION: Recommend Deferral to December Hearings 7-0; Reason: Applicant failed to attend hearing.
50. SUP #2626 - Public Hearing and Consideration of a request for a Special Use Permit to operate an office located at 100 South Van Dorn Street, Unit 102, within the Oakwood Apartments; zoned RC, Residential. Applicant: R & B Apartment Management Company, by Albert F. Cummings, Vice President.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: Applicant failed to send legal notice.
51. SUP #2627 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage located at 310 South Pickett Street, within the Trade Center; zoned CDD #8, Coordinated Development District. Applicant: WAC, Inc., t/a Wiygul Automotive Clinic, by Oscar H. Wiygul.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: To allow applicant time to work with staff.
52. SUP #2629 - Public Hearing and Consideration of a request for a special Use Permit to operate a research and development facility located at 1200 North Fayette Street; zoned OCM, Office Commercial/Medium. Applicant: DCS, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred by Staff Prior to Hearing;
Reason: To allow applicant time to work with staff.
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53. SUP #2630 - Public Hearing and Consideration of a request for a Special Use Permit to determine the vested rights of the property located at 617 North Henry Street; zoned CSL, Commercial Service Low. Applicant: Edward S. J. Fader and Roberta V. Z. Fader, by Patricia A. Smith, attorney.
COMMISSION ACTION: Recommend Deferral to December Hearing 7-0; Reason: Allow applicant time to work with staff.
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council noted the deferrals and withdrawals. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
54. Consideration of the Receipt of Recommendations for Use of Funds for Comprehensive Services for At-Risk Children. (Council Member Rich) (#11 11/10/92) (This is not a public hearing item.)
(A copy of the City Manager's memorandum dated November 13, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 54; 11/14/92, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated November 6, 1992, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 54; 11/14/92, and is incorporated herewith as part of this record by, reference.)
(General Discussion. Members of City Council and the City Manager participated in the discussion of this item.
Council Member Rich suggested with respect to project evaluation that it would be very helpful if there could be a tracking system for students who come out of this program and also at-risk students who are not receiving these comprehensive services and maybe those who are receiving just child care services, so that several years from now we will be able to look at it to make some judgment as to whether it is making a difference. He also spoke to the salary components for the two-family support workers to give staff some flexibility with respect to the $26,500 for salary and benefits.
The City Manager stated that they could pay salary and benefit package up to that amount.)
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WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the City Manager's recommendation that City Council approve the following for the use of the $717,000 designated for comprehensive services to at-risk children: (1) approved the use of $358,500 for a 19-month demonstration project (Alternative A) to contract with accredited child care centers in the City that currently offer full-day programs to provide comprehensive services, including case management, to at-risk children enrolled in the centers; and (2) approved the use of $358,500 for local matching funds, in accordance with the recommendations of the Commission for Early Childhood Development. All of the local matching funds remaining at the end of FY 1993 will be reappropriated for use in FY 1994; and added (3) language that the City Manager be authorized to approve up to $50,000 if a grant application was time-sensitive; and (4) that Council would review all proposals that would come to us from the Early Childhood Development Commission with a recommendation up or down. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Speck "aye"
3. (b) At this point, Councilman Donley stated that City Council needed to go back to Item No. 3 (b). The City Attorney advised him that City Council should rescind its previous motion which Councilman Donley made and was seconded by Councilman Speck.
WITHOUT OBJECTION, Council rescinded the previous motion.
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the new ordinance number 3 (b) identified as SUBSTITUTE - - NOVEMBER 14, 1992, upon its Second Reading. The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson left meeting
Ticer "aye" Pepper "aye"
Rich "aye"
The SUBSTITUTE - - NOVEMBER 14, 1992 ordinance finally passed reads as follows:
ORDINANCE NO. 3602
AN ORDINANCE to amend and reordain Section 5-8-74 (PARKING PERMITS; ISSUANCE) and to add new Sections 5-8-79 (ENFORCEMENT AND ADMINISTRATION OF ARTICLE) and 5-8-80 (PERMIT VIOLATIONS AND PENALTY) of Article F (PERMIT PARKING DISTRICT), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), and to amend and reordain subsubsection (3) of Section 10-4-32(b) (TOURIST PARKING PERMITS), of Chapter 4 (STOPPING, STANDING, AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC), all of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 5-8-74 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same is amended and reordained to read as follows:
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Sec. 5-8-74 Parking permits; issuance.
The city manager shall, upon payment of the fee provided for by this article, issue permits to natural, but not corporate, persons who reside in a dwelling located within the boundaries of a permit parking district authorizing the parking of motor vehicles in such district for more than the consecutive hour limitation in effect in the district, as follows:
(1) to persons who reside in a permit parking district or to persons who both reside in a dwelling located on a block adjacent to an existing permit parking district where parking on said block is controlled by time limits set by official signs or metered parking and lack adequate alternative nearby parking facilities available to them, as determined by the city manager or her designee, one permit for each vehicle belonging to such persons for which the persons have paid all personal property taxes imposed thereon by the city and which displays a valid license windshield tag issued pursuant to the provisions of section 3-2-321 et seq. of this code. Such permits shall be valid for one year or less, and shall run from May 1 or, if later, the date of issuance through the following April 30. Applicants for permits issued pursuant to this subsection shall provide proof of residence and, for each vehicle for which a permit is sought, a motor vehicle registration card issued by the division of motor vehicles and proof of payment of all personal property taxes and license fees imposed thereon by the city. For permits issued to a person or renewed pursuant to this subsection, there shall be imposed a fee of $15 for the first vehicle, $20 for the second vehicle, and $50 for each additional vehicle. Any person who has been issued a permit for a vehicle pursuant to this subsection may obtain a replacement permit for use on another vehicle registered in such person's name, upon application on forms furnished by the city manager and presentation of the registration card for the vehicle for which the replacement permit is sought and pieces of the previously issued permit as proof that it was removed from the vehicle for which the fee was previously paid, accompanied by a fee of $1.00.
(2) to persons who are visitors at a residence within a permit parking district on the application of the resident, one permit for any vehicle used by such person during the visit, which permit shall be valid for a maximum of 30 days but shall not be renewed; provided, that permits may be issued to no more than two visitors to the same residence at the same time. A $5.00 fee shall be charged for any permit issued pursuant to this subsection for a period of more than seven days.
(3) to persons who are guests at a residence in a permit parking district on the application of the resident, one permit for any vehicle used by such person while a guest at the residence, which permit shall be valid for one day or portion thereof; provided that the number of permits issued under this subsection shall not at any time exceed 50 percent of the number of parking spaces in which they are valid; provided further, that no permit shall be issued under this subsection except upon a showing by the resident making application therefor that during the hours for which the permit is to be issued his residence will be used and occupied in a manner which is both lawful and not inconsistent with the residential character of the permit parking district in which it is located, and unless it shall be found that the issuance of the permit or permits will not unduly impair traffic safety during the time of their validity; provided further, that, notwithstanding any provision of this subsection to the contrary, up to 10 self-validating guest permits shall be issued in any calendar month for the guests of any residence located within the area bounded on the north by the north side of36
Princess Street, on the west by the east side of Washington Street, on the south by the south side of Wolfe Street and on the east by the Potomac River, upon the application of a person residing in the residence. Any permit issued pursuant to this subsection may be limited to certain streets or portions thereof in the permit parking district for which the permit is issued.
(4) to persons doing business with a resident of a permit parking district on the application of the resident, one permit for the vehicle used while doing business in the permit parking district; provided, that such permits may be issued to no more than three persons doing business at the same resident at the same time. No permit shall be issued pursuant to this subsection for a period longer than the time estimated by the resident to be required for completing the business transaction for which the permit is sought, and in no event shall any permit be valid for more than 30 days.
(5) whenever a holder of a permit issued under this section is no longer qualified to possess the permit, the permit shall be invalid and shall be returned to the director of finance.
Section 2. That Article F of Chapter 8, Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be amended by adding a new Section 5-7-79, to read as follows:
Sec. 5-8-79. Enforcement and administration of article.
(a) The police department of the city shall be responsible for the enforcement of this article.
(b) The director of finance shall be responsible for the administration of this article. This responsibility shall include the following duties:
(1) Upon determining that a permit issued pursuant to section 5-8-74 has been obtained through a misrepresentation made in violation of section 5-8-80(a), the director shall notify the permit holder that the permit is invalid and must be returned to the director.
(2) Upon determining that a permit issued pursuant to section 5-8-74 is being misused (for example, by being displayed on a vehicle other than the vehicle for which the permit was issued) or that the person holding the permit no longer meets the requirements for obtaining the permit, the director shall notify the permit holder that the permit is invalid and must be returned to the director.
Section 3. That Article F of Chapter 8, Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be amended by adding a new Section 5-7-80 to read as follows:
Sec. 5-8-80 Permit violations and penalty.
(a) In addition to any other prohibition or restriction imposed by this article, the following acts are prohibited:
(1) It shall be unlawful for any person to make a false representation of any material fact when applying for or seeking to renew a permit under this article.
(2) It shall be unlawful for any person to display on a motor vehicle a permit issued pursuant to this article when the requirements for obtaining the permit are no longer satisfied or when the vehicle is not the vehicle for which the permit was issued.
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(b) The penalty for a violation of subsection (a)(1) or (a)(2) shall be a fine of $250.
(c) Any permit held by a person who has violated subsection (a)(1) or (a)(2) shall, at the time of the violation, become and thereafter remain invalid.
Section 4. That subsubsection (3) of subsection (b) of Section 10-4-32 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:
Sec. 10-4-32 Tourist parking permits.
(b) No tourist permit shall be issued or be deemed valid unless it complies with and conforms to the following:
(3) the exemption time stated shall not exceed 24 hours.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 10/14/92
First Reading: 10/14/92
Publication: 10/16/92
Public Hearing: 11/14/92
Second Reading: 11/14/92
Final Passage: 11/14/92
New Business Item No. 2: WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council adopted the resolution pertaining to the executive sessions held on November 14 and November 11, 1992. The voting was as follows:
Donley "aye" Jackson left meeting
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1626
WHEREAS, the Alexandria City Council has this 14th day of November, 1992, recessed into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act, and also did so on November 11, 1992; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive sessions were conducted in accordance with Virginia law;
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NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby certify that, to the best of each member's knowledge, only, public business matters that were identified in the motions by which the executive sessions were convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by Council during the executive sessions.
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 5:05 p.m., the Public Hearing Meeting of Saturday, November 14, 1992, was adjourned. The voting was as follows:
Donley "aye" Jackson left meeting
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
APPROVED BY:
__________________________
PATRICIA S. TICER MAYOR
ATTEST:
_____________________________
Beverly I. Jett, CMC City Clerk39
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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