Public Hearing Meeting
Saturday, April 16, 1994 - - 9:30 a.m.
* * * * *
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: Ms. Steele, Deputy City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Mr. Brannan, Assistant City Manager; Mr. Neckel, Director of Finance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Boyd, Director of Citizen Assistance; Mr. Leiberg, Mr. Smith, Ms. Blank, Urban Planners, Planning and Community Development; Mr. McAndrews, Assistant City Attorney; Captain Howard and Lieutenant Robbins, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present except for Councilwoman Pepper who arrived at 10:05 a.m.
(a) John Chapman Gager, representing Friends of Homeless Animals and old Town Yacht Basin, spoke during this period.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 20
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item No. 5 from the Consent Calendar.
3. SUP #2253-G - Public Hearing and Consideration of a request for an extension to the Carlyle development special use permit (SUP #2253-F) with an amendment related to the term of the design review board members. The property is located at Duke Street, Eisenhower Avenue, and Holland Lane; zoned CO, Commercial Office. Applicant: Carlyle Development Corporation, c/o The Oliver Carr Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/16/94, and is incorporated herewith as part of this record by reference.)
1
4. SUP #2276-A - Public Hearing and Consideration of a request for a special use permit for renovations to the existing noncomplying use (automobile service station) consisting of a new facade, upgrades to the existing soda and snack food vending area, and canopy and pump islands to the Exxon Service Station located at 501 South Washington Street; zoned CL, Commercial Low. Applicant: Exxon Company USA, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/16/94, and is incorporated herewith as part of this record by reference.
A copy of a letter from the Old Town Civic Association dated April 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 4/16/94, and is incorporated herewith as part of this record by reference.)
6. SUP #2673-A - Public Hearing and Consideration of a review of a special use permit for the existing carry-out restaurant known as Alexandria Crab Carry-Out located at 6 South Jordan Street; zoned CL, Commercial Low. Applicant: Thomas P. Reddington.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/16/94, and is incorporated herewith as part of this record by reference.)
7. SUP #2681-A - Public Hearing and Consideration of a review of a special use permit for the existing rooming house located at 106 Commerce Street; zoned CL, Commercial Low. Applicant: Robert Redden.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/16/94, and is incorporated herewith as part of this record by reference.)
8. SUP #2682-A - Public Hearing and Consideration of a request for extension of time for an approved special use permit to install a temporary trailer for office use for the Quaker Village home sales located at 3447 Duke Street; zoned R-B, Residential. Applicant: Pulte Home Corporation, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/16/94, and is incorporated herewith as part of this record by reference.)
2
9. SUP #2761-A - Public Hearing and Consideration of a request for a special use permit to operate a not-for-profit community center and preschool and parking reduction for these uses located at 3912 Elbert Avenue; zoned RA, Residential. Applicant: Carpenter's Lodgings, Inc., by R. Bryan Kelleher.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/16/94, and is incorporated herewith as part of this record by reference.)
10. SUP #2772 - Public Hearing and Consideration of a request for a special use permit to change a noncomplying photographic processing use to allow fabrication, assembly and storage at 3701 Mount Vernon Avenue; zoned CDD #6, Coordinated Development District (Arlandria Center/Berkey Photo). Applicant: Blair, Inc.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/16/94, and is incorporated herewith as part of this record by reference.)
11. SUP #2789 - Public Hearing and Consideration of a request for a special use permit to operate a commercial school located at 3823 Mount Vernon Avenue; zoned CDD, Coordinated Development District. Applicant: Instituto Latino Americano, Inc., by Oscar E. Ycaza.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/16/94, and is incorporated herewith as part of this record by reference.)
12. SUP #2790 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 2404 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Karen Johnson.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/16/94, and is incorporated herewith as part of this record by reference.)
13. VACATION #94-002 - Public Hearing and Consideration of a request for vacation of a public alley right-of-way adjacent to the property located at 3315 Carolina Place; zoned R-8 Residential. Applicant: Donald M. and Lynne G. Sandler, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/16/94, and is incorporated herewith as part of this record by reference.)
3
14. SUP #2654-A - Public Hearing and Consideration of a review of a special use permit for the existing full-service restaurant known as Fuddruckers located at 4141 Duke Street; zoned CC, Commercial Community. Applicant: Fuddruckers-ARVI, Alexandria, Inc., by Frank S. Miller.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/16/94, and is incorporated herewith as part of this record by reference.)
15. SUP #2712-B - Public Hearing and consideration of a request for a special use permit to make operational and physical improvements (add outdoor seating, add additional indoor seating, add the sale of beer and wine, and extend the hours of operation) to the existing restaurant known as Charles' European Pastries located at 1201 North Royal Street; zoned CDX, Commercial Downtown. Applicant: Charles' European Pastries, by Charles Oppman or David Conrath.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/16/94, and is incorporated herewith as part of this record by reference.)
16. 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: Recommend Approval 5-0.
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/16/94, and is incorporated herewith as part of this record by reference.)
17. TA #94-003 - Public Hearing and Consideration of an amendment to Article IX (Signs, Marquees and Awnings), Section 9-301(E) (Historic District - - Prohibited Signs) of the Zoning Ordinance, to prohibit certain signs on Washington Street. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/16/94, and is incorporated herewith as part of this record by reference.)
18. SUP #2781 - Public Hearing and Consideration of a request for a special use permit for reduction of the required off-street parking for future retail uses for the property located at 1201 North Royal Street; zoned CDX, Commercial Downtown. Applicant: Seaport Traders Art and Antiques, by David Conrath.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/16/94, and is incorporated herewith as part of this record by reference.)
4
19. SUP #2791 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant (ice cream and coffee shop) and to allow a parking reduction for the use located at 2213 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Sarah and Gary Christian.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/16/94, and is incorporated herewith as part of this record by reference.)
20. SUP #2792 - Public Hearing and Consideration of a request for a special use permit for a coordinated sign program on the Alexandria Hospital property located at 4320 Seminary Road; zoned R-12, Residential. Applicant: Alexandria Hospital, by Stephen V. Fuoco.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/16/94, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the Action Consent Calendar with the exception of Item No. 5, which was considered under separate motion. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved SUP 2253-G.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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.
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.
5
12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
13. 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 authorized the Mayor to appoint viewers; the Mayor subsequently appointed Carolyn Merck, chair, and Ben Brenman and James K. Ryan, as viewers.
14. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
15. 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 #18, #19 and #20.
16. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #14.
NOTE: Councilman Jackson wished to point out for the record, as he always does, that the applicant on Item No. 16 is his cousin, but he has not conflict under the law and is free to vote on this.
17. City Council approved the recommendation of the Planning Commission and approved the text amendment.
18. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #3 and added Conditions #10, #11, and #12.
19. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
20. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
6
5. SUP #2543-B - Public Hearing and Consideration of a review of a special use permit for the existing nonconforming use (grocery store) known as Gibson's Corner located at 201 Hume Avenue; zoned R-2-5, Residential. Applicant: Ransom and Lena Gibson.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/16/94, and is incorporated herewith as part of this record by reference.
A copy of the City Attorney's suggested Condition #9 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 4/16/94, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Beverly Moses, 2014 Clarendon Boulevard, Arlington, representing Ransom and Lena Gibson, spoke against the additional condition proposed by the City Attorney.
General Discussion. Mr. Pessoa, Assistant City Attorney, explained that this property was one of the few commercial uses in residential zones that became nonconforming uses in 1951 and were subject to the forty-year abatement requirement. This use did obtain a special use permit allowing it to continue and one of the conditions of that special use permit was a prohibition on the sale of single beers at this grocery store. The applicant has filed a lawsuit challenging the zoning applicable to the property and including the imposition of that condition prohibiting the sale of single beers. What the proposed new condition does is to make clear Council's intention that that condition is an integral part of the special use permit and the authority for this commercial use to continue operating in a residential zone. So, that in the event the prohibition on single beers is deleted, the special use permit will terminate.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations with the added condition #9 as [submitted] by the City Attorney which reads: "9. The conditions stated above shall not be deemed severable, and in the event any such condition or conditions are declared invalid for any reason by a court of competent jurisdiction, the special use permit, and all rights conferred thereunder, shall forthwith become null, void and of no effect. (City Attorney)"
The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
7
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Board of Architectural Review
21. 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. (#17 3/19/94)
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. 21; 4/16/94, and is incorporated herewith as part of this record by reference.
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. 21; 4/16/94, and is incorporated herewith as part of this record by reference.)
At 10:05 a.m., Councilwoman Pepper arrived during the discussion of this item.
(The following persons participated in the public hearing on this item:
Charles "Tony" Gee, Rt. 1, Box 258, Reva, VA, applicant, spoke in support of the appeal;
Kristin Kappmeyer, 313 Howell Avenue, chair, Board of Architectural Review, Parker-Gray District, spoke in support of the decision of the Board of Architectural Review; and
Richard Salopek, 110 East Linden Street, member, Board of Architectural Review, Park-Gray District, spoke in support of the decision of the Board of Architectural Review and stated reasons for its decision.
General Discussion. Members of City Council, Mr. Gee, applicant, Mr. Lynn, Director of Planning and Community Development, and Ms. Kappmeyer, chair, Board of Architectural Review, Parker-Gray District, participated in the discussion.
Councilman Donley stated that Council's granting of this particular appeal does not necessarily mean that the Board of Architectural Review, Parker-Gray District, should use this action as a precedent to grant other Masonite uses.
Councilwoman Pepper asked Mr. Gee about the trim along the very top of the building which is an interesting feature and should be preserved. Mr. Gee stated that the trim will be wood.
Councilman Speck asked Mr. Gee questions concerning the cost of using wood verses Masonite.
Council Member Rich stated that this is at least setting some kind of a precedent.
8
Mr. Lynn, Director of Planning and Community Development, stated that there may be a factor here which will distinguish it from other cases. In his view, one of the most important aspects of historic preservation is the context of the unit. One of the reasons that he personally has no objection to the use of the proposed Masonite is, if you look at the street and you look at the historic context, you will see across the street that there is an industrial building, next to that is a Seven-Eleven store. On one side of this house is a brick structure that looks like it was built in the 1930s, further down the block is public housing. He stated that he would personally argue that the historic context of this street virtually no longer exists. On the other hand, it seems to him when you get to a street which has most of the houses in wood siding, he stated that Council ought to try very hard to maintain that principle there. He indicated that this is one possible basis for distinguishing between different cases.
Ms. Kappmeyer, chair, stated that she had one concern that she would like to pass along to Mr. Gee and that is the issue of the 15-year warranty. She indicated that Mr. Gee had indicated that he wanted to use wood trim which the Board feels good about since that is aesthetically the right thing to do. She indicated that he should check with the manufacturer to make sure that he is not voiding his 15-year warranty by not using their accessory package.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council granted the appeal of the decision of the Board of Architectural Review, Parker-Gray District, to allow Mr. Gee to use Masonite at 906 North Columbus Street. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
22. SUP #2763 - Public Hearing and Consideration of a request for a special use permit to change a noncomplying warehouse use to automobile repair and sales at 214 North Fayette Street; zoned CRMU, Commercial Residential Mixed Use. Applicant: Pazqui, Inc., by Charles J. Walsh.
COMMISSION ACTION: Recommend Approval 4-1
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/16/94, and is incorporated herewith as part of this record by reference.
A copy of Ms. Wood's letter dated April 15, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 4/16/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Charles J. Walsh, representing the applicant, spoke to condition nos. 13 and 14, which he stated were unacceptable;
Sarah Becker, 1200 Princess Street, spoke against this item;
Sherry deVries, 240 North Payne Street, president of the Inner City Civic Association, spoke against this item; and
9
Melissa Luby, 312 1/2 North Henry Street, representing the Jefferson-Houston PTA, spoke against this item.
General Discussion. Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council denied this special use permit. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
23. SUP #2780 - Public Hearing and Consideration of a request for a special use permit to operate an automobile towing and impound lot located within the Oakville Industrial Park at 300 Calvert Avenue; zoned I, Industrial. Applicant: T.R. Limited, t/a Raley's Towing, by Dorothea D. Barr.
COMMISSION ACTION: Recommend Denial 5-0
(A copy of the Planning Commission report dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/16/94, and is incorporated herewith as part of this record by reference.
A copy of a letter from the applicant dated April 12, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 4/16/94, and is incorporated herewith as part of this record by reference.
A copy of a letter from the Mount Jefferson Civic Association dated April 5, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 23; 4/16/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Dorothea Barr, 1001 Ritchie Road, Capitol Heights, MD, representing the applicant, requested that this item be deferred in order to enable all parties ample time to negotiate a resolution to the existing concerns;
Norm Briere, 207 LaVerne Avenue, representing the Mount Jefferson Civic Association, spoke against this item; and
Jennifer Smatt, 301 East Raymond Avenue, representing Mount Jefferson Civic Association and herself, spoke against this special use permit.
General Discussion. Members of City Council, Mr. Pessoa, Assistant City Attorney, Mr. Lynn, Director of Planning and Community Development, Ms. Steele, Deputy City Manager, and Mr. Leiberg, Urban Planner, Planning and Community Development, participated in the discussion.
Councilman Speck stated that some of the things that could happen in the industrial zone, by right, without a special use permit, are: ambulance service, automobile service station, bottling plant, laundry-dry cleaning operations, light automobile repair, machine shop, parcel delivery, etc. There are a number of uses by right. He
10
requested staff to give Council a report on whether Council needs to look at essentially creating what amounts to a buffer zone that gives the City some mechanism to establish that distinction between the industrial and the residential. He indicated that there are an awful lot of things that could come in here that could be more burdensome to the neighbors than what is currently there right now.
Councilwoman Pepper mentioned that this is the second use that has come before Council this morning where they have already been in place. The first being the trailer at Duke Street and Quaker Lane, docket item no. 8. Councilwoman Pepper requested if there is some way in which the City can be a little bit more proactive so that the City doesn't keep having this kind of problem.
Ms. Steele, Deputy City Manager, stated that staff will take a look at this issue.
Councilwoman Pepper stated that staff should keep monitoring the special use permits that the City does have in place.
Mr. Pessoa, Assistant City Attorney, stated that in the zoning context that other jurisdictions have been exploring doubling or tripling the application fee for after-the-fact applications, so that it is some deterrent to come in late.)
WHEREUPON, a motion was made by Councilman Speck to defer this until the May public hearing with the condition that all automobiles be removed within seventy-two hours; which motion FAILED for lack of a second.
THEREUPON, 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 the request. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "no"
ORDINANCES AND RESOLUTIONS
24. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to prohibit panhandling that is accompanied by aggressive, threatening or other designated behavior. (Councilwoman Pepper and Council Member Rich) (#19 4/12/94)
(A copy of the joint City Attorney memorandum dated April 13, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/16/94, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
(The following persons participated in the public hearing on this item:
Virginia Drewry, 118 Prince Street, representing the Old Town Civic Association, spoke in support of this ordinance;
Melissa Luby, 312 1/2 North Henry Street, spoke in support;
11
Sherry deVries, 240 North Payne Street, president, Inner City Civic Association, spoke in support; and
Sarah Becker, 1200 Princess Street, spoke in support.
General Discussion. Members of City Council, Mr. McAndrews, Assistant City Attorney, Police Captain Howard, and Mr. Pessoa, Assistant City Attorney, participated in the discussion.)
WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance upon its Second Reading. The voting was as follows:
Rich "aye" Ticer "aye"
Pepper "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Jackson "aye"
The substitute ordinance finally passed reads as follows:ORDINANCE NO. 3716
AN ORDINANCE to add a new Section 13-1-41 (PANHANDLING) to Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
WHEREAS, panhandling has become increasingly common in the city, and often involves aggressive behavior, including unwanted touching and verbal abuse, that creates in the minds of persons being solicited an apprehension of imminent harm; and
WHEREAS, panhandling in the city has involved the obstruction of the flow of pedestrian traffic on public sidewalks, mass transit stations and public transportation vehicles, and of motor vehicle traffic on city streets, and has involved the accosting of individuals immediately after their use of automatic teller machines; and
WHEREAS, the city council has determined that there is need to protect residents of and visitors to the city from harassment caused by panhandlers, to preserve and improve the quality of life of city residents, and to keep the public spaces of the city safe; and
WHEREAS, the city council has determined to regulate the aggressive conduct frequently associated with panhandling, while preserving the individual's right to freedom of speech; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That a new Section 13-1-41 shall be and hereby is added to Chapter 1, Title 13 of The Code of the City of Alexandria, Virginia, 1981, as amended, to read as follows:
Sec. 13-1-41 Panhandling.
(a) Definitions. The following words and phrases, when used in this section, shall have the following meanings:
(1) "Aggressive manner" means:
12
(i) approaching, speaking to or following a person in a manner that would cause a reasonable person to fear imminent physical injury, or the imminent commission of a criminal act upon the person or upon property in the person's immediate possession;
(ii) touching another person without that person's consent;
(iii) intentionally blocking or interfering by any means with the free passage of a person; or
(iv) engaging in any conduct with the intention of intimidating another person into giving money or goods to any person.
(2) "Panhandle" or "panhandling" means doing any of the following acts:
(i) begging, soliciting or asking for any item of value, monetary or otherwise;
(ii) attempting to sell or obtain compensation for an item or service for or in an amount that is at least twice its value, or an item or service that is already offered or available at no charge to the general public; or
(iii) attempting to sell or obtain compensation for an item or service under circumstances that would lead a reasonable person to conclude that the payment is in substance a donation.
(3) "Public place" means any street, sidewalk, alley, park, bridge, parking lot or other public property within the city, excluding any building or other structure, that is open to the general public;
(4) "Travel lane" means the portion of a public street over which motor vehicles travel.
(b) Prohibited acts. It shall be unlawful for any person while in the city:
(1) to panhandle in an aggressive manner in or on any public place;
(2) to panhandle in an aggressive manner in any public transportation vehicle, including busses and trains;
(3) to panhandle in an aggressive manner within any train, Metro or other mass transit station or in or on any sidewalk, roadway or parking lot serving any such station and under the control of the owner or operator of such station;
(4) to panhandle within 15 feet of any automatic teller machine; and
(5) to panhandle or, as a result of panhandling, to receive money or any other item of value, while standing or otherwise present in a travel lane, from any operator or occupant of a motor vehicle located in a travel lane.
(c) Any person convicted of violating this section shall be guilty of a class 3 misdemeanor.
13
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 4/12/94
First Reading: 4/12/94
Publication: 4/13/94; 4/14/94
Public Hearing: 4/16/94
Second Reading: 4/16/94
Final Passage: 4/16/94
25. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to allow modifications to the ordinance's sign regulations in certain circumstances pursuant to an approved coordinated sign program approved by special use permit. (#20 4/12/94)
The City Clerk read the docket item.
It was noted the Cyril D. Calley, 306 N. Washington Street, attorney representing Stella's Restaurant, was present to answer questions.
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3717
AN ORDINANCE to amend and reordain Section 9-105 (STANDARDS FOR PERMITTED SIGNS, MARQUEES AND AWNINGS), under Section 9-100 (GENERAL PROVISIONS) of Article IX (SIGNS, MARQUEES AND AWNINGS) of the City of Alexandria Zoning Ordinance, and to provide for approval of a certain sign application pending on the date of adoption.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (F) of Section 9-105 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(F) Coordinated sign program. As an alternative to signs, marquees or awnings otherwise permitted under this Article IX, signs, marquees or awnings may be permitted in a CDD/Coordinated Development District, or in a unified development more than three acres in size, which contains more than one building, more than one parcel or private streets in accordance with a coordinated sign program approved by special use permit.
(1) A proposed coordinated sign program shall include a statement of justification for such program, in addition to information which describes the number, location, size, height, color, material, type of illumination, if applicable, of all proposed signs within the program, as well as the information to be displayed on the signs.
14
(2) A proposed coordinated sign program may be approved if council finds that it provides the same or greater benefits to the public as the sign regulations otherwise applicable.
Section 2. That notwithstanding any contrary provision of law, the coordinated sign program for Stella's Restaurant at 1800 Diagonal Road, for which Building Permit Application No. 940227B was filed on April 6, 1994, shall be approved as shown on the attached sketch plan and deemed in compliance with the provisions of Section 9-105(F) of the City of Alexandria Zoning Ordinance.
Section 3. That Section 9-105 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.
Attachment
Introduction: 4/12/94
First Reading: 4/12/94
Publication: 4/13/94; 4/14/94
Public Hearing: 4/16/94
Second Reading: 4/16/94
Final Passage: 4/16/94
15
16
26. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize the sale of real property owned by the City of Alexandria located at 325 North Henry Street to the Beverley Drive Corporation. (#24 (b) 4/12/94)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper out of room
Ticer "aye" Rich out of room
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3718
AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 325 North Henry Street in the City of Alexandria, Virginia, to the Beverley Drive Corporation.
WHEREAS, the City of Alexandria owns certain property located at 325 North Henry Street in Alexandria, Virginia; and
WHEREAS, the sale of this property has been submitted to and approved by the Planning Commission on March 6, 1990; and
WHEREAS, the city manager has recommended the sale of this property for $62,000 to the Beverley Drive Corporation; and
WHEREAS, the city council is of the opinion that the city no longer needs this property, that its disposition, according to the terms and conditions set forth below, will further the city's policy to remove blight, and that its sale is in the public interest; and
WHEREAS, the Beverley Drive Corporation wishes to buy this property at the price, terms and conditions set forth below; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the sale of the real property described below to the Beverley Drive Corporation for $62,000 and in accordance with the terms and conditions contained in the Agreement for Sale and Rehabilitation between the city and the Beverley Drive Corporation, be and hereby is approved and authorized:
Beginning at a point on the east side of Henry Street 233 feet North
of Queen Street, and at the north line of the said Hall's lot and running
thence north 20 feet 2 inches on Henry Street; thence east parallel to
Queen Street 115 feet 11 inches more or less, to a fifteen foot alley;
thence south on said alley and parallel to Henry Street 20 feet 2 inches,
thence west parallel to Queen Street 115 feet 11 inches, more or less,
to the beginning with right of way over said alley in common with other
entitled thereto.
17
And being all of the property acquired by Laura Ross Miller, formerly
known of record as Laura Ross Brown, and Pamela Lynn Brown, as
joint tenants with rights of survivorship, by deed dated January 26,
1977, and recorded February 8, 1977, in Deed Book 848 at Page 56.
Section 2. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 1 in accordance with the terms and conditions in the above-mentioned agreement between the city and the Beverley Drive Corporation, including, but not limited to, the execution and delivery of a deed and other appropriate documents.
Section 3. That the city clerk be and hereby is authorized to attest the execution of said deed and other necessary documents and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 4/12/94
First Reading: 4/12/94
Publication: 4/13/94; 4/14/94
Public Hearing: 4/16/94
Second Reading: 4/16/94
Final Passage: 4/16/94
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 27 - 36
27. 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 5-0
28. SUP #1421-C - Public Hearing and Consideration of a revocation of a special use permit for the automobile repair garage located at 3507 Mount Vernon Avenue, in the name of Precision Tune #7203, Powers Enterprises, Inc.; zoned CSL, Commercial Service Low. Applicant: City of Alexandria, Department of Planning and Community Development.
COMMISSION ACTION: Withdrawn. Applicant complies with all special use permit conditions. 5-0
29. 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 to allow applicant time to
resolve issues with staff. 5-0
18
30. 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 1302 Roosevelt Street; zoned R-8 Residential. Applicant: Anthony Beale for the Estate of Marcellius T. Beale.
COMMISSION ACTION: Deferred by Staff to allow applicant time to resolve design issues with neighbors.
31. TA #94-002 - Public Hearing and Consideration of an amendment to Article I (General Regulations), Section 1-400(B) (Interpretation of Zone Regulations) of the Zoning Ordinance, to clarify when density calculations may be made on an overall land tract basis. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Deferred by Staff.
32. SUP #0888-E - Public Hearing and Consideration of a request for a special use permit to delete a condition of the special use permit concerning the time limitations for embarking and debarking for cruise ships located at 0 Prince Street; zoned W-1, Waterfront. Applicant: Port of Alexandria Company and Potomac Party Cruises, Inc., by Nina Wilson.
COMMISSION ACTION: Deferred to allow the applicant time to resolve issues with the civic association. 5-0
33. SUP #1096-A - Public Hearing and Consideration of a request to amend the existing special use permit to include the existing restaurant operations for the Santa Fe East restaurant located at 110 South Pitt Street; zoned CD, Commercial Downtown.
Applicant: Farthings Limited, Inc., by W. Howard Rooks.
COMMISSION ACTION: Deferred to allow the applicant time to survey available parking. 5-0
34. SUP #2775 - Public Hearing and Consideration of a request for a special use permit, with site plan, to intensify an existing nursing home by making physical improvements to the exterior of the existing building and to the site. Modifications to zoning requirements are requested. The property is located at 900 Virginia Avenue; zoned R-8, Residential. Applicant: Integrated Health Services at Alexandria, Inc., by Mark H. Fields.
COMMISSION ACTION: Deferred to allow the applicant time to resolve issues with the civic association. 5-0
35. SUP #2777 - Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a new one-story building and site improvements for a proposed restaurant with carry-out service known as Boston Chicken located at 801 North Washington Street; zoned CD-X, Commercial Downtown (Old Town North). Applicant: Capitol Restaurant Group Limited Partnership, t/a Boston Chicken, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Withdrawn 5-0
36. SUP #2786 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out and delivery service located at 824 King Street; zoned CD, Commercial Downtown. Applicant: Chan Sishun and Linixin Ping.
COMMISSION ACTION: Withdrawn by applicant.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
19
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilman Jackson and Vice Mayor Cleveland and carried on a vote of 5-to-0, City Council noted the deferrals and withdrawals. The voting was as follows:
Donley "aye" Ticer "aye"
Jackson "aye" Pepper out of room
Cleveland "aye" Rich out of room
Speck "aye"
New Business Item No. 1: Councilman Speck announced that the Council Bake-off and bake sale was very successful for raising funds for the Christmas in April project.
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Cleveland, seconded by Councilman Donley and carried on a vote of 5-to-0, at 12:05 p.m., the Public Hearing Meeting of Saturday, April 16, 1994, was adjourned. The voting was as follows:
Cleveland "aye" Jackson "aye"
Donley "aye" Pepper out of room
Ticer "aye" Rich out of room
Speck "aye"
APPROVED BY:
__________________________________
PATRICIA S. TICER MAYOR
ATTEST:
_____________________________
Beverly I. Jett, CMC City Clerk
20
This docket is subject to change.
* * * * *
Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *
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.
* * * * *