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Public Hearing Meeting
Saturday, February 12, 1994 - - 9:30 am

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Neckel, Director of Finance; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Ms. Ross, Deputy Director of Planning and Community Development; Mr. McMahon, Deputy Director of General Services; 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 Vice Mayor Cleveland, and the City Clerk called the Roll; all Members of City Council were present except for Council Member Rich who arrived at 9:52 a.m.

2. Public Discussion Period.

(a) Bob Dempsey, 214 Prince Street, representing the Downtown Residential Alliance, spoke relating to parking problems in Old Town. He requested the City Council to ask the City Attorney whether the City has the authority to require all Central Business District restaurants to provide off-street parking for their employees regardless of whether they operate with or without a special use permit.

The City Attorney will look into this question.

(b) Robert Meyers, 222 N. Patrick Street, representing himself and the Inner City Civic Association, requested the City Council for reconsideration and action on the issue of the through-truck ban on Route 1. He stated that they have been trying to work with the ATA on the implementation of this plan and have encountered some serious problems. The original agreement had three affirmative duties that the ATA was originally supposed to conduct. One of which was being an advisory notice, another was the establishment of a hotline, and a third which was an irrelevant consideration of public education in the high schools about how to share the road with a truck. He indicated that they have been completely thwarted in terms of the hotline, in terms of having their calls answered, in terms of having letters answered, and in terms of seeing any effective action by the ATA with regard to the hotline. He stated that they will work with Mr. O'Kane. They have set up a meeting for the week after next to review the City's responsibilities under the agreement. They will in this interim period hope to work with Mr. O'Kane and the City to try to find acceptable solutions to the problem. He indicated that his main purpose to coming


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here today is to tell Council that the problem has not been corrected by the agreement and, in fact, consider the ATA to be in violation of the agreement. He requested that Council permit them to bring forth either the original through-truck ban or an alternative proposal which he believes Council could consider under amendment.

Mr. O'Kane, Director of Transportation and Environmental Services, indicated that he spoke with Mr. Meyers last week and has been in touch with the civic association officers and members all through this period. He stated that there have been some problems with the hotline and he has talked to ATA about that as well as sending them a letter with some suggestions from the neighborhood. He indicated that ATA is in the process of responding. He stated that they have been able to divert primarily the construction vehicles that were a problem in the beginning. He indicated that they were still having problems with National Airport which is a constant problem and they will not acknowledge this voluntary restriction. He stated he has tried working through their organization. The Virginia Department of Transportation agreed last spring that they would do a follow-up with a twenty-four-hour count of through trucks, and trucks on Route 1 in general which will be done in April when the construction season begins.

Mayor Ticer requested Mr. O'Kane to let her know when he is going to meet with the Airport. She stated that the Airports Authority is located in Alexandria and she would be happy to intercede with someone from the Airport Authority to come to the meeting to talk about the issue.

(c) John Chapman Gager spoke during this period.

It was noted at 9:52 a.m., Council Member Rich arrived during Mr. Gager's presentation.

(d) Councilman Speck announced that Christmas in April will be April 30. He indicated that the City Council and other key departments will be participating again this year. This year there will be a fundraiser which will be a basketball game between the police and fire departments. He just wanted to alert Council that they will be getting more details about the fundraising basketball game.

Mayor Ticer thought the game was a clever idea for a fundraiser which was presented by Tracy Tuell.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR 3 - 10

Planning Commission

3. SUP #1727-A - Public Hearing and Consideration of a request for a special use permit to add a convenience store within the existing automobile service station located at 4550 Kenmore Avenue; zoned CG, Commercial General. Applicant: Exxon Company USA and Calclar Corporation, by Terry L. Plaugher.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 2/12/94, and is incorporated herewith as part of this record by reference.)
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4. SUP #2549-B - Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of the existing convenience store located at 300 Yoakum Parkway, within the Cascade at Landmark Apartments; zoned RC, Residential. Applicant: Fikerte Kassim.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/12/94, and is incorporated herewith as part of this record by reference.)

5. SUP #2558-B - Public Hearing and Consideration of a review of a special use permit for the automobile repair garage located at 4568-4570 Eisenhower Avenue; zoned OCM-100, Office Commercial Medium. Applicant: Alexandria Diamond Cab, by Robert R. Hoar.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/12/94, and is incorporated herewith as part of this record by reference.)

6 . SUP #2762 - Public Hearing and Consideration of a request for a special use permit to operate a preschool located at 3902 Executive Avenue, within Unit D-12; zoned RA, Residential. Applicant: Alexandria Community Network Preschool, by Jonathan P. Rak, attorney.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/12/94, and is incorporated herewith as part of this record by reference.)

7. SUP #2764 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service located at 1900 North Beauregard Street; zoned CDD, Coordinated Development District #4 (Winkler Tract). Applicant: Mark 5 Eatery, Inc., by Suki Bunty.

(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/12/94, and is incorporated herewith as part of this record by reference.)

8. SUP #2767 - Public Hearing and Consideration of a request for a special use permit to operate a wholesale business located at 458 South Pickett Street; zoned CSL, Commercial Service Low. Applicant: Reem Kalil, t/a Mael-Carex USA, Inc., by William C. Thomas, Jr., attorney.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/12/94, and is incorporated herewith as part of this record by reference.)
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9. ENCROACHMENT #94-003 - Public Hearing and Consideration of a request for encroachment into the public right-of-way for a required handicap access ramp; zoned CSL, Commercial Service Low. Applicant: Edward S. J. Fader.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/12/94, and is incorporated herewith as part of this record by reference.)

10. SUP #0705-E - Public Hearing and Consideration of a request for a special use permit to construct a second automobile sales building (approximately 6,060 square feet) and to install a second temporary trailer for office use on the premises of the existing automobile dealership (Stohlman Oldsmobile) located at 200 South Pickett Street. The property is zoned CG/Commercial General and contains approximately five acres of land. Applicant: Stohlman Automotive Group, Inc., by William W. Merriam.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/12/94, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the Action Consent Calendar as presented. 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.

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.

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

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

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

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.

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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 SUP# 705-E subject to all applicable codes and ordinances, and the staff recommendations with Condition #2 amended.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

None.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

11. SUP #2697-A - Public Hearing and Consideration of a request for a special use permit to amend a condition concerning paving and lighting and to provide additional parking spaces for the automobile storage facility located at 3650 Wheeler Avenue; zoned I, Industrial. Applicant: Lexus of Alexandria, by Jack E. Taylor.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/12/94, 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 Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #12. The voting was as follows:

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

12. SUP #2766 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant (cafe/bakery) with carry-out service located at 500 King Street; zoned CD, Commercial Downtown. Applicant: La Madeleine, by Michael Wheeler.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/12/94, and is incorporated herewith as part of this record by reference.
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A copy of Mr. Wheeler's letter dated February 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 2/12/94, and is incorporated herewith as part of this record by reference.

A copy of a petition containing forty-three signatures in opposition to this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 12; 2/12/94, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Michael R. Wheeler, 510 King Street, Suite 500, architect representing the applicant, spoke in support of this item and answered questions asked by Members of City Council;

Bob Dempsey, 214 Prince Street, representing the Downtown Residential Alliance, spoke against this item;

Larry Robinson, 624 S. St. Asaph Street, president of the Old Town Civic Association, spoke against this item; and

Trudy Pearson, 513 Prince Street, representing petitioners, spoke against this item.

General Discussion. Members of City Council participated in the discussion.

Councilman Speck raised concerns with respect to representations made by the applicants regarding special use permits.

Mr. Lynn, Director of Planning and Community Development, stated with respect to representations made by applicants, that he would urge City Council to make them as conditions to the special use permit.

Council Member Rich mentioned the need for City Council to do something more directly about the parking in Old Town. This should be coming up some time with the issue of whether we should go with one-hour parking or resident-only parking after 11:00 p.m.)

WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #16 and added new Condition #18" with a change in Condition #14 to read: "14. The applicant shall (a) provide within the Courthouse parking garage located under the site 50% subsidized parking for all patrons with a minimum purchase of $8.00 and fully-subsidized parking for patrons with a minimum purchase of $20.00 after 6:00 p.m. weekdays and all day Saturday and Sunday, (b) shall advertise such parking by posting notice at its restaurant and including such notice in any advertising, and (c) shall urge patrons who drive to use the space."; and amended Condition #2 to read: "2. Seating shall be provided inside for no more than 130 patrons. Bar seating shall not be provided in the seating plan." The voting was as follows:

Donley "aye" Cleveland "no"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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13. SUP #2723-A - Public Hearing and Consideration of a request to amend Special Use Permit #2723 for the Cameron Street Parking Lot development to increase in permitted non-residential density (from 1.54 FAR to 1.80 FAR) and to allow tandem parking for required office parking spaces. The development site is located at 800 Cameron Street and includes 34,208 square feet (0.78 acre) of land area; zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/12/94, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Howard Middleton, 510 King Street, attorney representing the applicant, spoke to the new condition R-34 indicating that the commercial space relates to the office space along North Alfred Street. This is acceptable.)

WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved SUP #2723-A subject to all applicable codes and ordinances and staff recommendations and added a new Condition R-34 to read: "R-34 An F.A.R. of up to 2.5 shall be permitted on any individual commercial parcel so long as the average overall commercial F.A.R. for the entire project does not exceed 1.8." The voting was as follows:

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

14. TA #93-041 - Public Hearing and Consideration of an amendment to Section 8-200(A) (1) of the zoning ordinance which sets out new rules for curb-cuts in different areas of the City. The new rules (1) continue to prohibit curb-cuts in the Old and Historic Alexandria District; and (2) create an approval process for curb-cuts elsewhere. Staff: Department of Planning and Community Development.
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/12/94, and is incorporated herewith as part of this record by reference.

A copy of the Planning Director's memorandum dated February 10, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 2/12/94, and is incorporated herewith as part of this record by reference.

A copy of the Historic Alexandria Foundation's letter dated February 8, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 2/12/94, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on this item:

Gail Rothrock, 209 Duke Street, representing the Historic Alexandria Foundation, spoke in support; and

Larry Robinson, 624 S. St. Asaph Street, president of the Old Town Civic Association, spoke in support.

General Discussion. The Members of City Council, Mr. Lynn, Director of Planning and Community Development, and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the text amendment with the amendment indicated in the Planning Commission report dated January 4, 1994, and amended the language to provide that curb cut proposals on properties on the 100-year-old-building list be treated in the same manner as those proposed within the Parker-Gray District [which must be approved by the Board of Architectural Review.]" [Please refer to the staff memorandum dated February 10, 1994.] The voting was as follows:

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

15. SUP #2657-A - Public Hearing and Consideration of a review of a special use permit for the recycling facility located at 619 Burnside Place; zoned I, Industrial. Applicant: Brent Trucking Company, Inc., by Eric E. Zicht.
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/12/94, 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.

(General Discussion. Councilwoman Pepper expressed concerns to the engineer who assisted in the project about some of the violations which were found earlier and was concerned with the appearance of the entire area. She wants the six-month review to be a very meaningful review.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted Condition #24. The voting was as follows:

Pepper "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck "aye"
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16. SUP #2658-A - Public Hearing and Consideration of a review of a special use permit for the automobile repair garage located at 3120 Duke Street; zoned CG, Commercial General. Applicant: Dinh Complete Auto Repair, Inc., t/a Dina and Siam Auto Service, by Lawrence Lindeman, attorney.

COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated February 1, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/12/94, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Jonathan Y. Short, 218 N. Lee Street, attorney representing the applicant, answered questions of City Council.

Members of Council expressed concern about the appearance of this property.

Mr. Short stated that the Dinh Complete Auto Repair Shop is committed to the Commission's concerns about the number of vehicles and his office has consulted with them. They are going to meet those concerns and are going to do a better job. Hopefully, when they come back in six months, they are undeserving of any "Golden Fleece Award".)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 5-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added a condition #14 to read: "14. That there be appropriate plantings and that they be maintained with the request that the applicant work with the City Arborist and the Director of Planning and Community Development.", and that Condition #13 be amended to read: "13. The special use permit shall be reviewed in six months from date of City Council approval or at the first public hearing after the six month period expires." The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "no"
Ticer "aye" Rich out of room
Speck "aye"

ORDINANCES AND RESOLUTIONS

17. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the ordinance establishing the Commission on the Status of Women to change the name of the commission to the Commission for Women. (#13 2/8/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated January 28, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/12/94, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3701

AN ORDINANCE to amend and reordain Section 12-6-1 (CREATED), and to redesignate the title, of CHAPTER 6 (COMMISSION ON THE STATUS OF WOMEN) Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the title of Chapter 6 of Title 12, and Section 12-6-1, of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are amended and reordained to read as follows:
Chapter 6 Commission for Women

Sec. 12-6-1 Created.

There is hereby created a commission to be known as the "City of Alexandria, Virginia, Commission for Women," herein sometimes referred to as the commission.

Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 2/8/94
First Reading: 2/8/94
Publication: 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94

18. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to provide an encroachment into the public sidewalk right-of-way at 1123 King Street for bay windows on a proposed commercial building. (#14 2/8/94) (ROLL-CALL VOTE)

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

Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
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The ordinance finally passed reads as follows:
ORDINANCE NO. 3702

AN ORDINANCE authorizing the owner of 1123 King Street, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way of 1123 King Street, in the City of Alexandria, Virginia.

WHEREAS, Ben Molayen is the owner of the property located at 1123 King Street in the City of Alexandria, Virginia; and

WHEREAS, Ben Molayen desires to establish and maintain two store front bay windows which will encroach into the public right-of-way at 1123 King Street; and

WHEREAS, the public right-of-way at that point on 1123 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 Ben Molayen and his successors in title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 1123 King Street in the City of Alexandria, said encroachment consisting of two store front bay windows similar in size and design to those on the two abutting properties at 1125 and 1121 King Street, which windows will project an estimated one foot nine inches onto the King Street sidewalk public right-of-way, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
$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
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policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

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

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

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

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

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

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

Introduction: 2/8/94
First Reading: 2/8/94
Publication: 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94
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19. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the South Union Street public street right-of-way for the property located at 759 Battery Place. (#15 2/8/94) (ROLL-CALL VOTE)

The City Clerk read the docket item.

(Jonathan Rak, 510 King Street, attorney, answered questions asked by Councilwoman Pepper.)

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3703

AN ORDINANCE to vacate a 16 square foot portion of South Union Street which abuts the property at 759 Battery Place in the City of Alexandria, Virginia.

WHEREAS, Cook Inlet Region of Virginia, Inc. ("Applicant") who owns the property at 759 Battery Place in the City of Alexandria, Virginia, has applied for the vacation of a 16 square foot portion of South Union Street which abuts the townhouse dwelling located at 759 Battery Place; and

WHEREAS, the 16 square foot portion of South Union Street to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated October 20, 1993 ("Plat") (attached hereto); and

WHEREAS, the vacation of this 16 square foot portion of South Union Street has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria have made their report in conjunction with this vacation; and

WHEREAS, the city's real estate assessor has determined that the fair market value of the 16 square foot portion of South Union Street to be vacated by this ordinance is $300; and

WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the portion of the public street to be vacated by this ordinance be purchased by the Applicant for $300; and
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WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below and the condition that it purchase the 16 square foot portion of South Union Street to be vacated by this ordinance for $300, the Council of the City of Alexandria has concluded that the 16 square foot portion of South Union Street is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the 16 square foot portion of South Union Street, as shown on the Plat, be and the same hereby is vacated.

Section 2. That this vacation is subject to the Applicant complying with the condition that it purchase the above-described 16 square foot portion of South Union Street for $300 and with each of the conditions set forth below:

1. The vacated area shall be consolidated with Parcel "A" as shown on the Plat.

2. The applicant shall provide the easements for any utilities, public or private, that may need to cross the vacated area.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment of $300 referenced in Section 2 above, and the vacated area has been consolidated, as required, by Section 2, and the satisfaction of these conditions is noted on the face of the ordinance prior to its recordation.

Section 4. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
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Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of $300 has been made to the city by the Applicant and the condition set forth above in paragraph (1) of Section 2 has been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the conditions set forth in paragraph (1) of Section 2 has been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of COOK INLET REGION OF VIRGINIA, INC., and such recordation shall be done by the Applicant at its own expense.

Attachment: Vacation Plat

Introduction: 2/8/94
First Reading: 2/8/94
Publication: 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94
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20. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a public alley right-of-way located on the west side of 811-813 Montgomery Street. (#16 2/8/94) (ROLL-CALL VOTE)

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 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. 3704

AN ORDINANCE to vacate a portion of a 10-foot alley right-of-way located in the block bounded by North Columbus, Montgomery, North Alfred and First Streets in the City of Alexandria, Virginia.

WHEREAS, the Alexandria Redevelopment and Housing Authority ("ARHA"), which owns the property at 811-813 Montgomery Street, and St. John's Baptist Church, which owns the property at 900 North Alfred Street ("Applicants"), have applied for the vacation of a 10-foot alley right-of-way which abuts ARHA on the west and St. John's Baptist Church on the east; and

WHEREAS, the portion of the alley right-of-way to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated July 28, 1992 ("Plat") (attached hereto); and

WHEREAS, this vacation has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicants' agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the portion of the public alley shown on the Plat is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereinafter described portion of the 10-foot alley right-of-way located in the block bounded by North Columbus, Montgomery, North Alfred and First Streets, as shown on the Plat, be and the same hereby is vacated:

Section 2. That this vacation is subject to the Applicants complying with the condition that they consolidate the said portion of the alley being vacated by the ordinance with their lots at 811-813 Montgomery Street and 900 North Alfred Street, provide a plat of consolidation to the department of planning and community development, zoning division.

Section 3. That no recordation of this ordinance shall have any force or effect unless and until the condition set out in Section 2 above has been satisfied.

Section 4. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
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Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the condition set forth in Section 2 has been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the condition set forth in Section 2 has been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the names of ALEXANDRIA REDEVELOPMENT AND HOUSING AUTHORITY and ST. JOHN'S BAPTIST CHURCH, and such recordation shall be done by the Applicants at their own expense.


PATRICIA S. TICER
MAYOR
Attachment: Vacation Plat

Introduction: 2/8/94
First Reading: 2/8/94
Publication: 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94
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20

21

22
21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to provide that an exemption from the city's transient lodging tax is available to government employees only when payment for their lodging is made directly by a government agency pursuant to an official purchase order. (#17 2/8/94) (ROLL-CALL VOTE)

(A copy of the City Manager's memorandum dated January 24, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 2/12/94, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

(General Discussion. Members of City Council, the City Attorney, and the City Manager participated in the discussion.

Staff will meet with William Hirsch who represents the Hotel and Lodging Association in the City to discuss this ordinance. Staff will report back to Council the results of the meeting and what other jurisdictions in the area do.)

WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Councilwoman Pepper and Councilman Speck and carried on a vote of 6-to-0, City Council deferred this item until staff brings it back. The voting was as follows:

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

22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the King Street/Eisenhower Avenue Small Area Plan chapter of the 1992 Master Plan by increasing the heights and density permitted within the Eisenhower Avenue CDD (Hoffman tract). (#18 2/8/94) (ROLL-CALL VOTE)

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 Vice Mayor Cleveland, seconded by Councilman Jackson 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"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3705

AN ORDINANCE to amend and reordain the King Street/Eisenhower Avenue Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein an amendment to the Eisenhower Avenue Coordinated Development District (Hoffman Tract), heretofore approved by city council, and no other amendment, and to repeal all provisions of the said Small Area Plan Chapter as may be inconsistent with such amendment.
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WHEREAS, the City Council of Alexandria, finds and determines that:

1. In Master Plan Amendment No. 93-006, an application has been made to amend the King Street/Eisenhower Avenue Metro Station Small Area Plan Chapter of the 1992 Master Plan to allow, subject to certain limitations, building height and density not to exceed 225 feet and 2.0 F.A.R., respectively, in the Eisenhower Avenue Coordinated Development District (Hoffman Tract).

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the text of the King Street/Eisenhower Avenue Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, under the heading "Eisenhower Avenue Coordinated Development District," which appears on pages 72 and 73 of the said Chapter (Ordinance No. 3576, pages 0525 and 0526), be, and the same hereby is, amended to read as follows:

Eisenhower Avenue Coordinated Development District

Development Without a Special Use Permit

Within the designated CDD area, the OC Office Commercial zoning regulations shall apply provided that the maximum Floor Area Ratio without a Special Use Permit shall be 1.25, and provided further that the maximum floor area ratio may be increased to 2.0 with an architectural design special use permit. The application requirements and criteria for review of such architectural design special use permit shall be limited to exterior architectural features and shall not include the special use permit considerations for review in Section 11-504(B) of the Zoning Ordinance, such as height (except as provided below), density, traffic and other criteria. Notwithstanding any provision in Section 11-503(A)(5) of the Zoning Ordinance to the contrary, any construction within the CDD for which an architectural design special use permit is required shall be subject to the site plan process set forth in Section 11-400 separate and apart from the architectural design special use permit process. Height shall be an issue in the architectural design special use permit process only for the purpose of ensuring a variety of heights within the CDD and not for the purposes of regulating maximum height for each building. The maximum height without a special use permit for all property within the Eisenhower Avenue CDD shall not exceed 150 feet, provided that there shall be a variety of heights, and provided further that one building on the area known as the Hoffman Tract may rise to 225 feet with an architectural design special use permit, in addition to any previously approved building on the Mill Race project.

Optional Development With a CDD Special Use Permit

Coordinated Development shall occur subject to the following guidelines:
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Land Use

1. that there be a mix of uses in the area including office, residential, and retail along with active and passive recreation opportunities, and day care centers.

2. the project shall provide adequate active and passive recreational facilities.

3. the project shall appropriately provide for bicycle lanes and trails in coordination with existing bicycle lanes and trails.

Design

4. that the area include a variety of architecture and building heights, which are in general conformance with the height guidelines for the area.

5. that building heights shall not exceed 200 feet in height except for one building which may be permitted to reach 225 feet in height, provided that the average building height within the CDD shall not exceed 150 feet.

6. that areas adjacent to physical barriers such as railroad tracks and highways be landscaped or buffered.

7. that the maximum Floor Area Ratio not exceed 2.5, provided that in no event may the floor area, in any project which is placed in non-residential use, exceed 75%of the project's total floor area; that hotel uses be considered residential uses.

Heiqht and Density Bonuses

8. Projects within 1000 feet of Metro shall also be considered for height and density bonuses if combined with a meaningful affordable housing program approved by the City Council. The affordable housing program must be on-site with an equivalent value of no less than $1.05 [adjusted for inflation] per net square foot of total development, including commercial. The contribution from commercial development may be used for either on-site or off-site housing at the discretion of the Council. Height with bonuses shall not exceed 250 feet for a signature building with an overall average of 200 feet for the entire project. Density with bonuses shall not exceed 3.75 FAR overall, with a minimum of 2.75 for the residential component.

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing Master Plan Text Amendment as part of the King Street/Eisenhower Avenue Metro Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria.

Section 3. That the King Street/Eisenhower Metro Station Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria.
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Section 4. That this ordinance shall not become effective until such time as the litigation pending with Hubert Hoffman and related parties before the Alexandria Circuit Court, Hoffman v. City of Alexandria, Chancery Nos. 910421, 920031 and 920746, shall have been dismissed with prejudice as settled, and the city attorney shall have certified the occurrence of such event to the city clerk. It is the intent of city council that, in the event this provision as to the effective date of this ordinance is declared invalid for any reason, the provision shall not be considered severable from the other provisions of this ordinance and that, in such event, this ordinance shall be deemed invalid and shall be considered of no force and effect. Upon the receipt by the city clerk of certification from the city attorney, this ordinance shall become effective, and the city clerk shall thereon transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and the said Clerk of the Circuit Court shall file same among the court records.
Introduction: 2/8/94
First Reading: 2/8/94
Publication: 1/21/94; 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94

23. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to allow increased heights and densities within the Eisenhower Avenue CDD (Hoffman tract) by amending section 5-602(A) of the Zoning Ordinance of the City of Alexandria. (#19 2/8/94) (ROLL-CALL VOTE)

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

Cleveland "aye" Jackson "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich out of room
Speck "aye"
26

The ordinance finally passed reads as follows:
ORDINANCE NO. 3706

AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS) of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph (2) of Section 5-602(A) of the City of Alexandria Zoning Ordinance be, and same hereby is, amended to read as follows:

[CHART]
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Section 2. That Section 5-602 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 3. That this Ordinance shall not become effective until such time as the litigation pending with Hubert Hoffman and related parties before the Alexandria Circuit Court, Hoffman v. City of Alexandria, Chancery Nos. 910421, 920031 and 920746, shall have been dismissed with prejudice as settled, and the city attorney shall have certified the occurrence of such event to the city clerk. It is the intent of city council that, in the event this provision as to the effective date of this ordinance is declared invalid for any reason, the provision shall not be considered severable from the other provisions of this ordinance and that, in such event, this ordinance shall be deemed invalid and shall be considered of no force and effect. Upon the receipt by the city clerk of certification of the City Attorney, this ordinance shall become effective, 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 all 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: 2/8/94
First Reading: 2/8/94
Publication: 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94

24. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make minor technical amendments to the provisions of the city code dealing with discharges into the city's sewer system and the wastewater treatment facility operated by the Alexandria Sanitation Authority. (#20 2/8/94) ROLL-CALL VOTE)

(A copy of the City Attorney's memorandum dated February 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 2/12/94, and is incorporated herewith as part of this record by reference.)

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 Jackson, 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:

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

The ordinance finally passed reads as follows:
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ORDINANCE NO. 3707

AN ORDINANCE to amend the introductory paragraph of Section 5-6-93 and subsubsection (a) (4) of Section 5-6-95, of Subdivision C (REGULATION OF INDUSTRIAL USERS AND PRETREATMENT OF NONDOMESTIC WASTE), Division 3 (DISCHARGES INTO SEWAGE DISPOSAL SYSTEM AND POTW), Chapter 6 (WATER AND SEWER), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the introductory paragraph of Section 5-6-93 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended to read as follows.

Sec. 5-6-93 Significant industrial user permits.

The provisions of this section are applicable, pursuant to their terms, to all industrial users, whether categorical or noncategorical, except that the provisions of subsections (m), (n), (o), (p) and (q) are applicable only to categorical significant industrial users.

Section 2. That subsubsection (a) (4) of Section 5-6-95 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended to read as follows.

Sec. 5-6-95 Accidental discharge and slug control plan.

(4) if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage. Introduction: 2/8/94
First Reading: 2/8/94
Publication: 2/9/94; 2/10/94
Public Hearing: 2/12/94
Second Reading: 2/12/94
Final Passage: 2/12/94
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR 25 - 31

25. 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 rdinance, 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.
26. SUP #1569-E - Public Hearing and Consideration of a request for a special use permit to add an outdoor play area and amend a condition concerning the play area for the existing day nursery located at 6 West Masonic View Avenue; zoned R-5, Residential. Applicant: Baptist Temple Church, by Dr. Michael L. Allen.

27. 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.

28. 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.

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.

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 1304 Roosevelt Street; zoned R-8 Residential. Applicant: Anthony Beale for the Estate of Marcellius T. Beale.
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31. 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.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, at 11:36 a.m., the Public Hearing Meeting of Saturday, February 12, 1994, was adjourned. The voting was as follows:

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


ATTEST:


_____________________________
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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