Special Public Hearing Meeting
Saturday, March 19, 1994 - - 9:30 am
(in lieu of Regular Public Hearing of March 12, 1994)
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Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Brannan, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Ross, Deputy Director of Planning and Community Development; Ms. Davis, Director of Housing; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Mr. Looney, Division Chief, Landlord/Tenant Relations; Mr. Smith and Mr. Leiberg, Urban Planners, Planning and Community Development; Ms. Brownstein, Landscape Architect, Recreation, Parks and Cultural Activities; 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 except for Council Member Rich who arrived at 9:50 a.m.
(A Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)
(a) John Chapman Gager spoke during this period.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 11
Planning Commission
NOTE: City Council removed Docket Item Nos. 8 and 9 from the Consent Calendar.
After the vote, WITHOUT OBJECTION, City Council removed Docket Item No. 4 from the Consent Calendar and noted the withdrawal of Docket Item No. 16 and the deferral of Docket Item No. 17.
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3. SUP #2035-C - Public Hearing and Consideration of a request for a special use permit to expand the existing restaurant known as Stoney's into an adjacent unit located at 4531-4533 Duke Street, within Foxchase Shopping Center; zoned CG, Commercial General. Applicant: Stoney's, Inc.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 3/19/94, and is incorporated herewith as part of this record by reference.)
5. SUP #2666-A - Public Hearing and Consideration of a review of a special use permit for the public parking lot located at 301 North Fairfax Street; zoned CD, Commercial Downtown. Applicant: Metropark, Inc., by Robert E. Morrison.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/19/94, and is incorporated herewith as part of this record by reference.)
6. SUP #2771 - Public Hearing and Consideration of a request for a special use permit to operate a delivery and carry-out restaurant located at 446 Calvert Avenue; zoned I, Industrial. Applicant: Rouben Der Minassian and Fred Khoroushi.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/19/94, and is incorporated herewith as part of this record by reference.)
7. SUP #2773 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 15 Leadbeater Street; zoned R-2-5, Residential. Applicant: Dorothy Rush.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/19/94, and is incorporated herewith as part of this record by reference.)
10. SECTION 9.06--#94-001 - Public Hearing and Consideration of amendments to the Office of Housing's Blighting Influences Program including recommendation pursuant to the provisions of section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties:
517 East Custis Avenue
329 1/2 North Henry Street
417 Mount Vernon Avenue
301 East Oak Street
1309 Queen Street
148 Wesmond Drive
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, together with the City Manager's memorandum dated February 18, 1994, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10; 3/19/94, and is incorporated herewith as part of this record by reference.
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A copy of the City Manager's memorandum dated March 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 3/19/94, and is incorporated herewith as part of this record by reference.)
11. SUP #2125-A - Public Hearing and Consideration of a request for a special use permit to increase the floor area by constructing a canopy over the restaurant's patio seating for the property located at 600 Franklin Street; zoned CD, Commercial Downtown. Applicant: Sutton Place Gourmet (VA), Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of Mr. Blair's letter dated March 17, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 3/19/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 8 and 9, which were considered under separate motions. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable code, ordinances and staff recommendations.
10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and approved the City Manager's recommendations that City Council (1) approve the additions and deletions of the properties listed on page 3 of the report to the currently approved list of blighting influences in the Potomac East Conservation and Southwest Quadrant Rehabilitation Districts and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the six Potomac East and Potomac West properties to be added to the list (as listed on page 3 of the report); (3) and authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines; and (4) added the following two properties
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to the list of properties proposed for deletion from the List of Blighting Influences: These properties are located in the Potomac East Conservation District: 1010 Oronoco Street (added 10/86) and 327 North Patrick Street (added 11/79).
[A copy of the City Manager's memorandum dated February 18, 1994, was forwarded to the members of the Community Development Block Grant Advisory Committee for their review and comment, along with notification of the Planning Commission and City Council meetings at which public comments on the amendments will be heard.]
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Conditions #22 and #23 and amended Conditions #9 and #21.
END OF CONSENT CALENDAR
The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich not yet arrived
WITHOUT OBJECTION, City Council considered Docket Item No. 4 separately since a speaker had registered to speak.
4. SUP #2211-A - Public Hearing and Consideration of a request for a special use permit to continue the use of the existing parking lot located at 601 North Henry Street; zoned CSL, Commercial Service Low. Applicant: U.S. Postal Service, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/19/94, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
John Chapman Gager spoke on this item.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich not yet arrived
Speck "aye"
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8. ENCROACHMENT #94-004 - Public Hearing and Consideration of a request for encroachment into the public right-of-way for a chimney located at 102 South Patrick Street; zoned CD, Commercial Downtown. Applicant: Michael Elmendorf; Kofi Hous.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/19/94, 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.
At 9:50 a.m., Council Member Rich arrived during the discussion of this item.
(General Discussion. Councilwoman Pepper stated that there was an enormous amount of steam coming from the top of the chimney. She indicated that there is a tremendous odor. She pulled this item out of consent because when she was there, there were just enormous amounts of brown material coming from the chimney. She indicated that the cars parked next to this chimney were laden with chunks of this material which she later learned was part of the bean and chaffing of the bean when it is actually being processed.
Mr. O'Kane stated that he was sure that the Health Department could take a look at it.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request subject to compliance with all applicable codes, ordinances and staff recommendations, with the condition that the Health Department be asked to take a look at the sort of things that are coming out of the chimney, and to see if there is a filter or any such thing that we might ask be installed if there is a problem. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
9. TA #94-001 - Public Hearing and Consideration of an amendment to Article IX (Signs, Marquees and Awnings), Section 9-105 (Standards for Permitted Signs) of the Zoning Ordinance, for the purpose of allowing modification of the sign regulations in certain circumstances pursuant to an approved coordinated sign program approved by special use permit. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of a sketch of the proposed sign which was presented by Mr. Calley is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 3/19/94, and is incorporated herewith as part of this record by reference.)5
(The following person participated in the public hearing on this item:
Cyril D. Calley, 307 N. Washington Street, attorney representing Stella's Restaurant, requested an additional amendment that would allow Stella's Restaurant to attach an identification sign on the existing posts that are there for another sign facing Diagonal Road.
Members of City Council participated in the discussion of this item. Mr. Lynn, Director, and Ms. Ross, Deputy Director, of Planning and Community Development, answered questions directed to them. Mr. Lynn stated that a 6-foot-square directional sign could be installed immediately under the Zoning Ordinance.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the text amendment with the understanding that staff will work with Stella's Restaurant's counsel so that its special use permit can be heard concurrently with the public hearing on the ordinance. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
16. Public Hearing on and Consideration of an Appeal from the Decision of the Director of Transportation and Environmental Services denying an application for a waiver of Section 5-3-4 of the City Code (Underground Utilities) for the property located at 3908, 3912, and 3916 Elbert Avenue. Appellant: Carpenter's Lodgings Inc.
(A copy of the City Manager's memorandum dated March 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated March 2, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of a letter from Mr. Kelleher dated March 18, 1994, withdrawing the appeal, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 3/19/94, and is incorporated herewith as part of this record by reference.)
City Council noted the withdrawal of this item.
Board of Architectural Review
17. BAR-94-3PG - Public Hearing on and Consideration of an Appeal from a decision of the Board of Architectural Review, Parker-Gray District, on January 26, 1994, denying one element of the request for a certificate of appropriateness regarding the appropriateness of a material to be used as siding for the house located at 906 North Columbus Street. Applicant: Charles and Gloria Gee, by Harry P. Hart, Attorney.
BOARD ACTION: Approved, as amended. 3-2
(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/19/94, and is incorporated herewith as part of this record by reference.
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A copy of the appeal dated February 9, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 3/19/94, and is incorporated herewith as part of this record by reference.)
City Council noted the deferral of this item [until the April 16, 1994 Public Hearing Meeting].
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
12. Public Hearing and Consideration of the Conversion Assistance Plan for Potomac Village Apartments.
(A copy of the City Manager's memorandum dated March 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of Mr. Liss' letter dated March 11, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 12 and 13; 3/19/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Ted Stewart, 1614 King Street, representing the Center for Cooperative Housing, spoke in support of this item; and
Duane D. Anderson, 20 Ancell Street, architect representing Center for Cooperative Housing, spoke in support.
Members of City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council (1) approved the Potomac Village Apartments Conversion Assistance Plan with Landlord-Tenant Relations Board recommendations (Attachment I to the report); and (2) authorized the City Manager to sign a legal conversion agreement between the Center for Cooperative Housing and the City of Alexandria. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
13. Consideration of an additional $343,175 and revision of budget for previously approved $232,000 for the Arlandria/Chirilagua Housing Cooperative (currently the Potomac Village Apartments) (NOT A PUBLIC HEARING ITEM)
(A copy of the City Manager's memorandum dated March 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/19/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Members of City Council and Ms. Davis, Director of Housing, participated in the discussion.
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Councilman Donley asked Ms. Davis, Director of Housing, who was going to manage the tenant downpayment assistance funds. Ms. Davis stated that the City is proposing that the City maintains control of the money, but it would ask the Center for Cooperative Housing and the Tenants Support Committee to do the initial screening of the applicants and then forward the information to the City for final loan approval.
Councilman Donley stated that the City would manage the funds; they would go into the Homeownership Assistance Program as targeted funds; the City would manage the funds with referrals from the Center for Cooperative Housing; and the City and the Center for Cooperative Housing would work together on how the funds would be allocated. That is the program.
Ms. Davis, Director of Housing, responded in the affirmative to his concerns.
Councilman Donley stated that was the only question that he had because it was discussed in the documentation but it really was not in the recommendation. He stated that was fine and that is acceptable. He stated he thinks that it is a good partnership to insure that the right people get the funds and the funds are used in an expeditious manner.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council (1) approved loaning an additional $343,175 in Housing Trust Fund monies to the Arlandria/Chirilagua Housing Cooperative, contingent on City Council approval of the Conversion Assistance Plan for this project and staff approval of the project's accessibility plan. The $343,175 loan will be secured against the property, will carry a 3% simple interest rate compounded annually, and will be due upon sale of the entire property by the corporation, except that the residents must first be offered the right of first refusal for their individual units. The loan is to be used for downpayment assistance, accessibility improvements, unit conversions, relocation assistance, street and parking lot repairs and outdoor equipment as requested. Availability of the loan funds is contingent on the receipt of the anticipated $2.3 million contribution from the Carlyle Project to the Housing Trust Fund. This approval, combined with the previously approved loan of $232,000, will bring the total loan amount to $575,175; (2) approved the budget for $575,175 in loans; and (3) authorized the City Manager to approve any future changes in the uses of the $575,175 loan. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
14. Public Hearing and Consideration of an application and Resolution of Support to the Commonwealth of Virginia Transportation Enhancement Program for Funds for the King Street Gardens Park Project. (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated March 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/19/94, and is incorporated herewith as part of this record by reference.)
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(The following person participated in the public hearing on this item:
Pat Shea, 714 W. View Terrace, representing the Alexandria Commission for the Arts, spoke in support of this item.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council (1) held the public hearing on the application for funding for the King Street Gardens Park Project as required by the grantor agency, the Virginia Department of Transportation; and (2) authorized the City Manager to: (a) submit a grant application and the adopted resolution of support to the Commonwealth of Virginia Transportation Enhancement Program for funding, in the amount of $125,000, for the King Street Gardens Park Project, under the following conditions: The King Street Gardens Project Committee is solely responsible for providing funding for all cost overruns for the project and, in the event the project is not completed, or canceled, and reimbursement of expended federal funds is required, the King Street Gardens Project Committee is solely responsible for reimbursing the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified that the project is canceled. (b) execute all necessary documents that may be required. The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
The resolution reads as follows:RESOLUTION NO. 1680
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program may fund an enhancement project in the City of Alexandria, Virginia.
NOW, THEREFORE, BE IT RESOLVED, that the City of Alexandria and the Alexandria Commission for the Arts request the Commonwealth Transportation Board to establish a project for the improvement of the parcel of land known as "King Street Gardens Park."
BE IT FURTHER RESOLVED, that the City of Alexandria and the Alexandria Commission for the Arts agree to pay 20 percent of the total cost for planning and design, right-of-way, and construction of this project; that the King Street Gardens Project Committee is responsible for all cost overruns; and that, if the King Street Gardens project Committee does not complete the project or subsequently elects to cancel this project, the King Street Gardens Project Committee agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.
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15. Public Hearing and Consideration of an application and Resolution of Support to the Commonwealth of Virginia Transportation Enhancement Program for Funds for the Potomac Riverboat Company's "Historic Sites Link by Water." (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated March 16, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of the grant application is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 3/19/94, and is incorporated herewith as part of this record by reference.
Copies of letters received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 15; 3/19/94, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper abstained from the discussion and vote on this item because this involves the Cherry Blossom in a way.
(The following person participated in the public hearing on this item:
Charlotte A. Hall, 205 The Strand, Director of Sales and Marketing, Potomac Riverboat Company, spoke in support of this item.
There was considerable discussion on this matter between Ms. Hall, the Members of City Council, the City Manager, Mr. O'Kane, Director of Transportation and Environmental Services, and the City Attorney.)
WHEREUPON, a motion was made by Vice Mayor Cleveland, and seconded by Councilman Donley for purposes of discussion, that the Alexandria City Council endorse the concept of this idea.
(There was further discussion on this item. Councilman Speck stated that it is clear that it is a consensus of Council that the idea is a good one. That is a statement for the record.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Jackson and carried on a vote of 5-to-1, City Council tabled this item indefinitely. The voting was as follows:
Speck "aye" Cleveland "no"
Jackson "aye" Donley "aye"
Ticer "aye" Pepper out of room
Rich "aye"
Note: A motion to table overrides a motion to approve.
18. SUP #2695-A - Public Hearing and Consideration of a request to amend a special use permit to allow the existing fence to remain for the existing automobile sales business located at 3600 Jefferson Davis Highway; zoned OC, Office Commercial. Applicant: Bijanis Auto Sales. (#23 1/22/94; #28 12/11/93)
COMMISSION ACTION: Recommend Denial 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/19/94, and is incorporated herewith as part of this record by reference.
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A copy of the City Manager's memorandum dated March 17, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 3/19/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Ruby Tucker, 254 Lynhaven Drive, representing Lynhaven Civic Association, spoke against this item; and
Daria Karimian, 3600 Jefferson Davis Highway, representing Bijan's Auto Sales, spoke in support of this item.
General Discussion. The Members of City Council, Mr. Kauffman, Director of Recreation, Parks, and Cultural Activities, Mr. Lynn, Director of Planning and Community Development, the City Manager, Ms. Tucker and Mr. Karimian participated in the discussion.)
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council approved the Special Use Permit [subject to compliance with all applicable codes, ordinances and staff recommendations] with the issues of signage, a landscaping scheme similar to that developed by Buffie Brownstein of Recreation and Parks, and fencing to be approved by the City Manager, or her designee, at the expense of the applicant, which is to be worked out within sixty days and that the work will be completed satisfactorily. The applicant's permit is not going to be approved until these matters are addressed properly. It is understood that the applicant will maintain the landscaping. The voting was as follows:
Speck "aye" Cleveland "no"
Rich "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Pepper "aye"
19. SUP #2770 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant (coffeehouse and pastry business) located at 115 South Union Street; zoned CD, Commercial Downtown. Applicant: David C. O'Grady.
COMMISSION ACTION: Recommend Denial 6-1
(A copy of the Planning Commission report dated March 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/19/94, and is incorporated herewith as part of this record by reference.
A copy of a petition supporting this application is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 3/19/94, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 19; 3/19/94, and are incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
David O'Grady, 1431A N. Van Dorn Street, applicant, spoke in support of the application;
Norma W. Dempsey, 214 Prince Street, spoke in opposition;
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Curtiss Martin, 118 Prince Street, spoke in opposition to this item and read a statement in opposition from Christine and David Ervin; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked as Exhibit No. 4 of this item;
Virginia Drewry, 118 Prince Street, representing herself and Wayne Fisher, the Sidorskys, the Sealanders, and the Scotts, spoke in opposition;
Sirita G. Schotta, 104 Prince Street, representing herself and residents of Captain's Row, spoke in opposition; and
Larry Robinson, 624 S. St. Asaph Street, president of Old Town Civic Association, spoke against this application.
Mr. O'Grady and Members of City Council participated in the discussion on this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission and denied this request. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "no"
ORDINANCES AND RESOLUTIONS
20. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to eliminate the city's handicapped parking permit program under section 10-4-29 of the city code. (#16 3/8/94) ROLL-CALL VOTE)
(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. 20; 3/19/94, 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. 20; 3/19/94, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Larry Stansbury, 6101 Edsall Road, #1503, president of Alexandria Knolls West Condominium Homes, spoke in support of this ordinance.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck out of room
The ordinance finally passed reads as follows:12
ORDINANCE NO. 3709
AN ORDINANCE to amend and reordain subsection (a) and to repeal subsection (b) of Section 10-4-19 (PARKING IN SPACES RESERVED FOR HANDICAPPED PERSONS), Chapter 4 (STOPPING, STANDING AND PARKING), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (a) of Section 10-4-19 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:
(a) It shall be unlawful for any operator of a motor vehicle to park in a parking space reserved for the handicapped at privately owned shopping centers and business offices in the city or in a parking space restricted for the use of handicapped persons except an operator entitled to display on the motor vehicle being operated by him a special license plate issued by the Commissioner of the Division of Motor Vehicles of the Commonwealth of Virginia, pursuant to section 46.2-731 of the Code of Virginia (1950), as amended, or a special decal or permit issued by the said commissioner pursuant to section 46.2-731 or 46.2-732 of the Code of Virginia (1950), as amended, or a disabled driver parking permit issued pursuant to the handicapped driver's reciprocal parking agreement between the states of Maryland, Virginia and the District of Columbia executed by the Governor of the Commonwealth of Virginia on April 19, 1978. In any prosecution charging a violation of this section, proof that the motor vehicle involved did not display at least one of the aforesaid license plates, decals or permits shall constitute, in evidence, a prima facie presumption that such vehicle was parked in violation of the provisions of this section.
Section 2. That subsection (b) of Section 10-4-19 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same is hereby repealed, and subsections (c) and (d) shall be redesignated subsections (b) and (c), respectively.
Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 3/8/94
First Reading: 3/8/94
Publication: 3/9/94; 3/10/94
Public Hearing: 3/19/94
Second Reading: 3/19/94
Final Passage: 3/19/94
21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for a required handicap access ramp at 617 N. Henry. (#19 3/8/94) (ROLL-CALL VOTE)
(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. 21; 3/19/94, and is incorporated herewith as part of this record by reference.
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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. 21; 3/19/94, 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 by Councilman Jackson and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich out of room
Speck out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3710
AN ORDINANCE authorizing the owner of the property at 617 North Henry Street, and the owner's successors in title, to establish and maintain an encroachment into the public sidewalk right-of-way of 617 North Henry Street, in the City of Alexandria, Virginia.
WHEREAS, Edward S. J. Fader is the owner of the commercial building at 617 North Henry Street in the City of Alexandria; and
WHEREAS, Edward S. J. Fader desires to build and maintain a required access ramp for the disabled which will encroach into the public sidewalk right-of-way at 617 North Henry Street; and
WHEREAS, the public right-of-way at that point on 617 North Henry Street will not be significantly impaired by this encroachment; and
WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and
WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Edward S. J. Fader and his successors in title (hereinafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public sidewalk right-of-way of 617 North Henry Street in the City of Alexandria, said encroachment consisting of a sloped ramp and a landing which make the entrance of the building accessible to the disabled, which shall extend no more than four feet into the public right-of-way and shall be no more than 14 feet long, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on his part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
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Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at his own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate
Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate
This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of his obligations and undertakings required under this ordinance.
Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 6. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.
Section 7. That (a) the ramp that is constructed within the encroachment authorized by this ordinance shall not exceed requirements, under the Americans with Disabilities Act, for degree of slope, (b) that the remainder of the public sidewalk, after ramp construction, shall be minimum of four feet in width between the back of the curb and the ramp, and (c) that the area below the ramp shall be paved and sloped to provide the City of Alexandria's standard sidewalk slope (1/4"/1") for drainage.
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Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.
Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 3/8/94
First Reading: 3/8/94
Publication: 3/9/94; 3/10/94
Public Hearing: 3/19/94
Second Reading: 3/19/94
Final Passage: 3/19/94
22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to authorize administrative approval of minor changes to approved special use permits with a one-year sunset. (#20 3/8/94) (ROLL-CALL VOTE)
(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. 22; 3/19/94, 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. 22; 3/19/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Larry Stansbury, 6101 Edsall Road, #1503, president, Alexandria Knolls West Condominium Homes, spoke in support of this ordinance with reservations;
Nell Vetter, 922 Juniper Place, representing Seminary Hills Association, Inc., spoke against this ordinance; a copy of Mrs. Vetter's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item; and
Larry Robinson, 624 S. St. Asaph Street, president, Old Town Civic Association, spoke against this ordinance.
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Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion of this item.)
WHEREUPON, a motion was made by Councilwoman Pepper to deny this ordinance; which motion FAILED for lack of a second.
THEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a ROLL-CALL vote of 4-to-2, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "no" Pepper "no"
Rich out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3711
AN ORDINANCE to amend Section 11-509 (CHANGES IN NATURE OR EXTENT OF PERMITTED USE) and to add a new Section 11-511 (ADMINISTRATIVE APPROVAL OF MINOR CHANGES), all under Section 11-500 (SPECIAL USE PERMITS) of Article XI (DEVELOPMENT APPROVAL AND PROCEDURES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 11-509 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 11-509 (Effective until March 19, 1995) Changes in nature or extent of permitted use.
For any use that now requires a special use permit, whether or not a special use permit has been granted previously, any change in the nature of the use or any enlargement, extension or increase in the intensity of that use shall require a separate special use permit issued by the city council, unless the change qualifies for administrative approval as a minor change to an approved special use permit under section 11-511.
Section 11-509 (Effective after March 19, 1995) Changes in nature or extent of permitted use.
For any use that now requires a special use permit, whether or not a special use permit has been granted previously, any change in the nature of the use or any enlargement, extension or increase in the intensity of that use shall require a separate special use permit issued by the city council.
Section 2. That Section 11-500 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 11-511 to read as follows:
Section 11-511 (Effective until March 19, 1995) Administrative approval of minor changes.
The director is authorized to approve those changes to an approved special use permit which constitute no more than a minimal enlargement or extension of the special use, where the director determines that following requirements are met:
(A) There have been no written or oral complaints that the use is in violation of the zoning ordinance.
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(B) At the time the special use permit was approved, no opposition was presented to the planning commission or the city council by persons speaking at a public hearing or submitting written comments.
(C) The proposed changes do not involve an increase in the intensity of the use. An increase in the following, without limitation, would typically constitute an increase in intensity of use:
(3) number of employees, visitors or customers; or
(4) number of vehicle trips generated.
(D) In addition to publishing newspaper notice of the proposed changes, the director has notified the planning commission and each docket subscriber under section 11-304, and no person, including a planning commission member, has requested that the proposal be docketed for consideration by the planning commission.
(E) The changes are so insignificant that they will have little or no zoning impact on the adjacent properties or the neighborhood.
(F) No new conditions and no amendments to existing conditions are necessary.
Section 11-511 (Effective after March 19, 1995) Administrative approval of minor changes. Repealed.
Section 3. That Section 11-500 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency, or board, or before city council, or on judicial review, shall apply to such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said Ordinance.
Introduction: 3/8/94
First Reading: 3/8/94
Publication: 3/9/94; 3/10/94
Public Hearing: 3/19/94
Second Reading: 3/19/94
Final Passage: 3/19/94
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23. Public Hearing. Second Reading and Final Passage of AN ORDINANCE making a technical and perfecting amendment to the Zoning Ordinance to provide that special use permits that do not involve construction are valid for a period of 18 months. (#21 3/8/94) (ROLL-CALL VOTE)
(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. 23; 3/19/94, 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. 23; 3/19/94, 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 by Councilman Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3712
AN ORDINANCE to amend Section 11-506 (DURATION OF VALID PERMIT) under Section 11-500 (SPECIAL USE PERMITS), of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That paragraph (1), subsection (C), of Section 11-506 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 11-506 Duration of valid permit.
(C) Commencement of use required.
(1) Use without new construction. A special use permit granted under this section 11-500 that does not involve new construction shall become void unless operation of the use is commenced within a period of 18 months from the date that the permit was approved and is thereafter diligently pursued. If an application to extend a special use permit is filed with the director prior to the expiration of its term, and after compliance with the notice and hearing requirements for an original special use permit application, the city council may grant an 18 month extension of the permit.
Section 2. That Section 11-506 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.19
Section 3. That this ordinance shall become effective upon the date and at the time of its final passage and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency, or board, or before city council, or on judicial review, shall apply to such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said Ordinance.
Introduction: 3/8/94
First Reading 3/8/94
Publication: 3/9/94; 3/10/94
Public Hearing: 3/19/94
Second Reading: 3/19/94
Final Passage: 3/19/94
24. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 8-200(A)(1) of the Zoning Ordinance to continue the prohibition of curb-cuts in the Old and Historic Alexandria District, and to create an approval process for curb-cuts elsewhere in the city. (#22 3/8/94) (ROLL-CALL VOTE)
(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. 24; 3/19/94, 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. 24; 3/19/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3713
AN ORDINANCE to amend and reordain Section 3-1107 (OFF-STREET PARKING) under Section 3-1100 (RM/TOWNHOUSE ZONE), of Article III (RESIDENTIAL ZONE REGULATIONS), Section 4-507 (USE LIMITATIONS) under section 4-500 (CD/Commercial Downtown Zone), of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES), Section 8-100 (OFF-STREET PARKING REQUIRED) and Section 8-200 (GENERAL PARKING REGULATIONS), of Article VIII (OFF-STREET PARKING AND LOADING), all of the City of Alexandria Zoning Ordinance.
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 3-1107 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 3-1107 Off-street parking.
Section 8-200(C)(5)(a), the rule applicable to the Old and Historic Alexandria District, shall govern access to parking on land zoned RM, but located outside of such district.
Section 2. That subsection (E) of Section 4-507 of the City of Alexandria Zoning Ordinance be, and the same hereby is, repealed.
Section 3. That paragraph (5), subsection (A), of Section 8-100 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(5) Alternative reduction of requirement. Required parking may be reduced in conjunction with the provision of low and moderate income housing as provided in section 7-700, and required parking may be reduced or waived where alley or interior court access is infeasible, in the RM zone pursuant to section 3-1107 and in the Old and Historic Alexandria District, Parker-Gray District, Town of Potomac Historic District, Rosemont Historic District and for designated buildings over 100 years old, pursuant to section 8-200(C)(5).
Section 4. That paragraph (1), subsection (A), of Section 8-200 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 8-200 General parking regulations.
(A) Schedule of requirements.
(1) Single-family detached, two-family and row or townhouse dwellings: two spaces per dwelling unit for single-family detached, two-family, and townhouse dwellings.
Section 5. That subsection (C) of Section 8-200 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto new paragraphs (5) and (6), to read as follows:
(5) Access to parking, required or otherwise, shall be limited as follows:
(a) Within the Old and Historic Alexandria District, access to all parking shall be provided from an alley or interior court. Upon a finding by the planning commission or director that it is clearly not feasible to provide such access, a waiver as to part or all of any parking requirement may be granted by the planning commission as part of its site plan review or, if no site plan is required, by the director.
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(b) Within the Parker-Gray District, access to all parking shall be from an alley or interior court. Upon a finding by the director that such access is clearly not feasible, an application for a curb cut to provide access may be filed with the director of transportation and environmental services who shall, after review by the director and the director of transportation and environmental services, and provided the application meets the criteria of section 5-2-14(c) of the city code, docket the matter for hearing before the Parker-Gray District board of architectural review. The board of architectural review shall approve or deny the application based on whether the location and nature of the proposed curb cut and associated parking facility is compatible with the character and architectural style of the developed blockface. The decision of the board of architectural review may be appealed to city council pursuant to section 10-207. If approval of a curb cut as specified in this subparagraph is not granted, then a waiver as to part or all of any parking requirement may be granted by the planing commission as part of its site plan review, or, if no site plan is required, by the director.
(c) For buildings or structures over one 100 years old designated for preservation pursuant to section 10-300, access to all parking shall be provided from an alley or interior court. Upon a finding by the director that such access is clearly not feasible, an application for a curb cut to provide access may be filed with the director of transportation and environmental services who shall, after review by the director and the director of transportation and environmental services, and provided the application meets the criteria of section 5-2-14(c) of the city code, docket the matter for hearing before the Old and Historic Alexandria District board of architectural review. The board of architectural shall approve or deny the application based on whether the location and nature of the proposed curb cut and associated parking facility is compatible with the character and architectural style of the designated building or structure. The decision of the board of architectural review may be appealed to city council pursuant to section 10-309. If approval of a curb cut as specified in this subparagraph is not granted, then a wavier as to part or all of any parking requirement may be granted by the planning commission as part of its site plan review or, if no site plan is required, by the director. The requirements of this subparagraph shall apply to all the land appurtenant to such designated building or structure, whether comprised of a single lot or multiple lots of record, on the date of designation.
(d) Within the Town of Potomac and Rosemont Historic Districts, access to all parking shall be from an alley or interior court. Upon a finding by the director that such access is clearly not feasible, an application for a curb cut to provide access may be filed with the director of transportation and environmental services for review by the director and the director of transportation and environmental services. The approval of both directors constitutes approval of the application. The directors shall review the application for compliance with the criteria of section 5-2-14(c) of the city code, and for the compatibility of the location and nature of the proposed curb cut and associated parking facility with the character and architectural style of the developed blockface. The rejection by either director constitutes a denial of the application. The administrative determination on the application may be appealed to city council. The procedures of section 10-207 shall apply to the extent appropriate to any such appeal.
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(e) For land not covered by paragraph (a) through (d) above, approval for a curb cut may be obtained either as part of a site plan approved by the planning commission pursuant to section 11-400 or by administrative approval pursuant to section 5-2-14 of the city code.
(f) It is the express intent of the city that no curb cut be permitted anywhere in the city which does not, at a minimum, meet the criteria of section 5-2-14(c) of the city code.
(6) Parking, required or otherwise, limited on residential lots. For all lots containing single-family, two-family or townhouse dwelling uses, there shall be a limit of one vehicle per 1,000 square feet of lot area, not to exceed a maximum of four vehicles per lot parked or stored outside on the lot in question.
Section 5. That Sections 3-1107, 4-507, 8-100 and 8-200 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.
Section 6. That this ordinance shall become effective upon the date and at the time of its final passage and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency, or board, or before city council, or on judicial review, shall apply to such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said Ordinance.
Introduction: 3/8/94
First Reading: 3/8/94
Publication: 3/9/94; 3/10/94
Public Hearing: 3/19/94
Second Reading: 3/19/94
Final Passage: 3/19/94
25. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to provide an encroachment into the public sidewalk right-of-way for the existing building and proposed awning for the property located at 606 King Street. (#23 3/8/94) ROLL-CALL VOTE)
(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. 25; 3/19/94, 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. 25; 3/19/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 6-to-O City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3714
AN ORDINANCE authorizing an encroachment into the public sidewalk right-of-way at 606 King Street, in the City of Alexandria, Virginia.
WHEREAS, the Bank of Alexandria ("Applicant") is the occupant of the property located at 606 King Street in the City of Alexandria, Virginia; and
WHEREAS, Applicant desires to establish and maintain, and applied for, an encroachment into the public sidewalk right-of-way at 606 King Street, which encroachment shall consist of an awning constructed of metal frame and covered with canvass that will be erected to a height of 9 feet, 6 inches above the sidewalk, will measure 17 feet in length across the front of the building and will project 4 feet from the building's front wall; and
WHEREAS, the public right-of-way at that point in the 600 block of King Street will not be significantly impaired by this encroachment; and
WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and
WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Applicant be, and the same hereby is, authorized to establish and maintain an encroachment into the public sidewalk right-of-way at 606 King Street in the City of Alexandria, said encroachment consisting of an awning constructed of metal frame and covered with canvass that will be erected to a height of 9 feet, 6 inches above the sidewalk, will measure 17 feet in length across the front of the building and will project 4 feet from the building's front wall into a portion of the public sidewalk right-of-way at 606 King Street, until the encroachment is removed or destroyed, or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall continue only so long as Applicant occupies the building at 606 King Street; and provided further, that said authorization shall not be construed to relieve Applicant of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that the proposed awning and building facade combine may not encroach more than 4 feet, 9 inches in the public sidewalk right-of-way.
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Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Applicant maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
This liability insurance policy shall identify the City of Alexandria and Applicant as named insureds and shall provide for the indemnification of the City of Alexandria and Applicant against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Applicant shall, upon notice from the city, remove the encroachment from the public sidewalk right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Applicant. Nothing in this section shall relieve Applicant of its obligations and undertakings required under this ordinance.
Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Applicant shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all loss and liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Applicant maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Applicant the removal of the encroachment. Said removal shall be completed by the date specified in the notice or within sixty days of the date of written notice, whichever is later. Removal shall be accomplished by Applicant without cost to the city. If Applicant cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Applicant, and shall not be liable to Applicant for any loss or damage to the structure of the encroachment caused by the removal.
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Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 3/8/94
First Reading: 3/8/94
Publication: 3/9/94; 3/10/94
Public Hearing: 3/19/94
Second Reading: 3/19/94
Final Passage: 3/19/94
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 26 - 34
26. TA #93-027 - Public Hearing and Consideration of an amendment to Article VII (Supplemental Regulations), section 7-202(B)(4) (Permitted Structures in Required Yards), of the Zoning Ordinance, to clarify the regulations of administrative approval of sheds in required rear and side yards of residential dwelling lots. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Withdrawn by staff.
27. TA #93-038 - Public Hearing and Consideration of an amendment to section 4-306(B) (Commercial Service Low Zone, Bulk Regulations, Floor Area Ratio) of the Zoning Ordinance to increase permitted floor area ratios for small parcels. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Deferred 6-0
Reason: To allow staff time to make revisions.
28. SUP #2737 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service (coffeehouse) and parking reduction for the use located at 401 East Braddock Road; zoned CSL, Commercial Service Low. Applicant: Michael Elmendorf.
COMMISSION ACTION: Withdrawn by applicant.
29. SUP #2765 - Public Hearing and Consideration of a request for a special use permit to construct a single-family dwelling on a substandard lot located at 1304 Roosevelt Street; zoned R-8, Residential. Applicant: Anthony Beale for the Estate of Marcellius T. Beale.
COMMISSION ACTION: Deferred 6-0
Reason: to allow applicant time to resolve design issues with neighbors.
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30. SUP #2769 - Public Hearing and Consideration of a request for a special use permit to increase the sign area for the shopping center sign at Landmark Center Shopping Mall located at 5801 Duke Street; zoned CR, Commercial Regional. Applicant: Paul Hoffman.
COMMISSION ACTION: Deferred 6-0
Reason: To allow additional time to resolve design issues.
31. ENCROACHMENT #94-005 - Public Hearing and Consideration of a request for encroachment into the public right-of-way located at 800 Cameron Street, 113-117 North Alfred Street and 116-126 North Columbus Street for stoops, steps and ramps and repeal of a previous encroachment ordinance, in conjunction with the development of the Cameron Street Parking Lot; zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Withdrawn by applicant.
32. SUP #2543-B - Public Hearing and Consideration of a review of a special use permit for the nonconforming grocery store located at 201 East Hume Avenue; zoned R-2-5, Residential. Applicant: Ransom and Lena Gibson.
COMMISSION ACTION: Deferred by staff. Applicant failed to send legal notices.
33. SUP #2754 - Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage located at 1008-1010 Madison Street; zoned CSL, Commercial Service Low. Applicant: Reco and King Auto Repair, by Harry P. Hart, attorney.
COMMISSION ACTION: Deferred 6-0
Reason: To allow applicant time to resolve issues with staff.
34 . SUP #2768 - Public Hearing and Consideration of a request for a special use permit to expand the existing noncomplying use (retail printing business) located at 1712 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: James Fannon.
COMMISSION ACTION: Deferred 7-0
Reason: Applicant failed to attend public hearing.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
City Council took no action on these items.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried on a vote of 6-to-0, at 1:02 p.m., the Special Public Hearing Meeting of Saturday, March 19, 1994, was adjourned. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich out of room
Speck "aye"
APPROVED BY:
_______________________________
PATRICIA S. TICER MAYOR
ATTEST:
______________________________
Beverly I. Jett, CMC City Clerk
NOTE: City Council went into a work session with representatives from the Northern Virginia Regional Park Authority after the adjournment of this meeting. The work session was concluded at 2:15 p.m.
(Material pertaining to the work session is on file in the office of the City Clerk and Clerk of Council, and is incorporated herewith as part of the record by reference.)
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This docket is subject to change.
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