Public Hearing Meeting
Saturday, October 16, 1993 - - 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. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Gitajn, Director of Financial and Information Services; Mr. Neckel, Director of Finance; Mr. Cyphers, Director of Human Services; Ms. Davis, Director of Housing; Ms. Boyd, Director of Citizen Assistance; Mr. Brannan, Assistant City Manager; Mr. Schott, Director of General Services; Ms. Federico, Director of Historic Alexandria; Mrs. Godwin, Acting Director of Management and Budget; Mr. Sanderson, Director of Real Estate Assessments; Mr. McMahon, Deputy Director of General Services; Ms. Johnson and Mr. Leiberg of Planning and Community Development; Deputy Police Chief Baker; Mr. Flaherty, Director of Economic Development Program; Captain Howard, Officers Bishop and Blanchet, and Sergeant Mason, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(a) Sarah Becker, 1200 Princess Street, representing the Inner City Civic Association, and residents of the Inner City, honored Officer Sherry Bishop and Officer Robert Blanchet, who have served their neighborhood in an extraordinary way for almost three years. She presented them with tokens of appreciation for their service to the community.
(b) John Chapman Gager, representing the Old Town Yacht Basin and Friends of Homeless Animals, spoke during this period.
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(c) Council Member Rich announced that the League of Women Voters is having a public information forum next Saturday, October 23, from 9:30 a.m. until Noon at Baptist Temple Church, 700 Commonwealth Avenue. It is going to be on the subject of youth crime and violence in Alexandria. It is particularly going to focus on the public schools. The League, as he understands it, wants to pull people together to begin talking about what should be done as a community about solving some of the problems. The forum is free and open to the public.
(d) Councilman Speck announced that Andrew Anderson was here earlier. He is the sub-chair for Project New Course's Employment and Housing Committee. He left a statement on some issues related to employment. Copies of his statement are available in the City Clerk's Office for anyone who is interested.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 21
Planning Commission
WITHOUT OBJECTION, City-Council removed Docket Item No. 10 from the Action Consent Calendar and considered it under separate motion.
3. SUP #1220-B - Public Hearing and Consideration of a request for a Special Use Permit to amend the hours of operation of the existing convenience store and valet service located within the Fountains Condominium at 301 North Beauregard Street; zoned RC, Residential. Applicant: Katayoun Mansourkia.
COMMISSION ACTION: Recommend Approval 4-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/16/93, and is incorporated herewith as part of this record by reference.)
4. SUP #2712 - Public Hearing and Consideration of a request for a Special Use Permit to operate a restaurant and bakery with carry-out service located at 1201 North Royal Street; zoned CDX, Commercial Downtown. Applicant: Charles Oppman.
COMMISSION ACTION: Recommend Approval 5-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/16/93, and is incorporated herewith as part of this record by reference.)
5. TA #93-024 - Public Hearing and Consideration of an amendment to Article IV (Commercial, Office and Industrial Uses), Section 4-606(B) (CDX Zone, Floor Area Ratio) of the Zoning Ordinance, to provide that a parcel not exceeding 12,000 square feet in a retail focus area may be built to a floor area ratio of 2.5 without a special use permit. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/16/93, and is incorporated herewith as part of this record by reference.)
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6. TA #93-026 - Public Hearing and Consideration of an amendment to Article VI (Special and Overlay Zones), Section 6-403(B) (Height Districts- -General Regulations and Exceptions--Mechanical Appurtenances), of the Zoning Ordinance, to allow a waiver of the requirement that rooftop mechanical appurtenances be screened if the Board of Architectural Review finds screening to be architecturally inappropriate. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/16/93, and is incorporated herewith as part of this record by reference.)
7. TA #93-029 - Public Hearing and Consideration of an amendment to Article IX (Signs, Marquees and Awnings), Section 9-105(E) (Standards for Permitted Signs--Removal), of the Zoning Ordinance, to require the removal of the supporting standard or structure for a sign after a period of one year elapses during which the support is not used. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/16/93, and is incorporated herewith as part of this record by reference.)
8. a. TA #93-030 - Public Hearing and Consideration of an amendment to Article IX (Signs, Marquees and Awnings), Section 9-201 (Residence and Mixed Use Zones) of the Zoning Ordinance, for the purpose of allowing commercial uses in mixed use zones to establish signs under the sign regulations for commercial zones. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8 (a); 10/16/93, and is incorporated herewith as part of this record by reference.)
8. b. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend section 9-201 of the Zoning Ordinance to make the commercial zone sign regulations applicable to commercial uses in mixed-use zones.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8 (b); 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8 (b); 10/16/93, and is incorporated herewith as part of this record by reference.)
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9. TA #93-031 - Public Hearing and Consideration of an amendment to Article IX (Signs, Marquees and Awnings), Section 9-105 (Standards for Permitted Signs) of the Zoning Ordinance, for the purpose of allowing modification of the sign regulations for a large planned development pursuant to an approved coordinated sign program approved by special use permit. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 10/16/93, and is incorporated herewith as part of this record by reference.)
11. SUP #2349-C - Public Hearing and Consideration of a review of a Special Use Permit for a full-service restaurant with carry-out and delivery service located at 3690 King Street, Units N & P, within the Bradlee Shopping Center; zoned CG, Commercial General. Applicant: Chicken Express, Inc.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/16/93, and is incorporated herewith as part of this record by reference.)
12. SUP #2505-B - Public Hearing and Consideration of a request to amend the Special Use Permit for the Home Depot Shopping Center to allow the retail facility to open at 6:00 a.m. instead of 7:00 a.m.; zoned CDD, Coordinated Development District. Applicant: Home Depot, Inc., by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/16/93, and is incorporated herewith as part of this record by reference.)
13. SUP #2513-B - Public Hearing and Consideration of a review of a Special Use Permit for a full-service restaurant located at 3606 Mount Vernon Avenue; zoned CG, Commercial General. Applicant: Lela Harris, t/a Tamarind Seed Restaurant, by Warren L. Almquist, architect.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/16/93, and is incorporated herewith as part of this record by reference.)
14. SUP #2551-A - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile sales business in conjunction with an existing automobile repair garage located at 460-A South Pickett Street; zoned CG, Commercial General. Applicant: Brothers Cars Limited, by Mahmood Sekander.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/16/93, and is incorporated herewith as part of this record by reference.)
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15. SUP #2608-A - Public Hearing and Consideration of a review of a Special Use Permit for an automobile rental business located at 3130 Duke Street; zoned CG, Commercial General. Applicant: Premier Car Rental, Inc., by Donald D. Smith.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/16/93, and is incorporated herewith as part of this record by reference.)
16. SUP #2615-A - Public Hearing and Consideration of a review of a Special Use Permit for an automobile repair and detailing garage located at 3700 Jefferson Davis Highway; zoned CDD, Coordinated Development District. Applicant: NAB Corporation.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/16/93, and is incorporated herewith as part of this record by reference.)
17. SUP #2669-A - Public Hearing and Consideration of a request for a Special Use Permit to provide off-street parking at 600 North Washington Street, within 300 feet of the church located at 600 North Columbus Street; zoned OC, Office Commercial. Applicant: New Pentecostal Church, by Robert A. Walker.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 10/16/93, and is incorporated herewith as part of this record by reference.)
18. SUP #2730 - Public Hearing and Consideration of a request for a Special Use Permit to operate a commercial school located at 6101 Stevenson Avenue; zoned OCM-50, Office Commercial Medium. Applicant: Combat Security Force, Inc., by Tyrone Pittman.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/16/93, and is incorporated herewith as part of this record by reference.)
19. SUP #2733 - Public Hearing and Consideration of a request for a Special Use Permit to increase the floor area for the retail use of the property known as Bankers Square located at 500 King Street; zoned CD, Commercial. Applicant: Bankers Square Associates, by Donald F. Simpson.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/16/93, and is incorporated herewith as part of this record by reference.)
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20. SUP #2734 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant with delivery service located at 5715-A Edsall Road; zoned CG, Commercial General. Applicant: TMG, Inc., t/a Chop Chop Chinese To You, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/16/93, and is incorporated herewith as part of this record by reference.)
21. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to vacate the public street right-of-way of the 600-700 blocks of North Armistead Street. (#13 10/12/93; #21 9/18/93)
(A copy of the City Clerk's memorandum dated October 14, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/16/93, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Jackson, seconded by Council Member Rich and carried unanimously, City Council approved the Action Consent Calendar with the exception of Item No. 10 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 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 text amendment. [City Attorney is to prepare the necessary ordinance.]
6. City Council approved the recommendation of the Planning Commission and approved the text amendment. [City Attorney is to prepare the necessary ordinance.]
7. City Council approved the recommendation of the Planning Commission and approved the text amendment. [City Attorney is to prepare the necessary ordinance.]
8. (a) City Council approved the recommendation of the Planning Commission and approved the text amendment.
8. (b) City Council introduced the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, October 26, 1993.
9. City Council approved the recommendation of the Planning Commission and approved the text amendment. [City Attorney is to prepare the necessary ordinance.]
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.
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12. City Council approved the recommendation of the Planning Commission and approved the proposed amendment, Special Use Permit #2505-B, subject to compliance with all applicable codes and ordinances and the staff conditions, with the deletion of condition R-24.
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.
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.
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.
17. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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.
19. City Council approved the recommendation of the Planning Commission and approved SUP #2733, subject to all applicable codes and ordinances.
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.
21. City Council noted the withdrawal.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Jackson "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
10. SUP #1324-C - Public Hearing and Consideration of a request for a Special Use Permit for alterations to the automobile service station located at 4670 Duke Street, known as the Texaco Service Station; zoned CG, Commercial General. Applicant: STAR Enterprise, by John F. Souser.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/16/93, and is incorporated herewith as part of this record by reference.)
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It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Councilwoman Pepper stated that she had requested that this item be withdrawn because she will be abstaining from voting on this item. She indicated that her reason for abstaining from voting is that the property is owned by 4600 Duke Condominium Association and she owns property there. Although John Kloch, Commonwealth's Attorney, has given her authority to vote on this, she stated that she would not want anyone to think that in anyway the property at 4600 Duke has somehow or another been enhanced by the improvement of the Texaco property and that she, in anyway however distant, has profited by this; therefore, she abstained from voting on this.)
WHEREUPON, upon motion by Councilman Jackson, seconded by Vice Mayor Cleveland and carried on a vote of 6-0-1, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Jackson "aye" Donley "aye"
Cleveland "aye" Pepper "abstained"
Ticer "aye" Rich "aye" Speck "aye"
WITHOUT OBJECTION, City Council considered Docket Item No. 25 at this time.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
25. Consideration of Resolution Establishing an Ad Hoc Committee to Study the Feasibility of Building a Convention Center/Conference Hotel in Alexandria. (Mayor Ticer) (ROLL-CALL VOTE) (#25 10/12/93) (This is not a public hearing item.)
(A copy of the Revised Copy of a letter from Mr. McLaughlin dated October 15, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of a letter from Mr. McLaughlin dated October 14, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated October 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 10/16/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. The Members of City Council participated in the discussion and asked questions of Ms. Snyder, president, Alexandria Chamber of Commerce, and Mr. McLaughlin, chairman-elect, Alexandria Chamber of Commerce. The City Manager also participated in the discussion.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-1, City Council accepted the concept thinking in the [revised] letter (dated October 15, 1993,] from Shawn McLaughlin, that would put forth this economic feasibility study for developing of a convention center with the negotiated settlement that he and the Mayor have come to. [It is understood that the City appointments will be the Mayor's appointments.] The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "no"
[This did not require a Roll-Call vote since Council approved the revised docket item.]
22. Public Hearing on the City of Alexandria 1993 Annual Report.
(A copy of the City of Alexandria 1993 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/16/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(General Discussion. The City Manager stated that the City will be using City or prisoner labor to distribute the report to all of the single-family homes in the City. The City will be using condominium associations, owners associations, and business associations to see that it is distributed to the condominiums in the City and to the business representatives in the City.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council received the report. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
At this point, City Council considered Docket Item No. 24.
24. Public Hearing on and Consideration of Report on and Proposed Resolution on Off-Track Betting. (Mayor Ticer, Council Member Rich, Councilwoman Pepper, Councilman Speck, Vice Mayor Cleveland, and Councilman Donley) (ROLL-CALL VOTE) (#14 10/12/93)
(A copy of the City Manager's memorandum dated October 4, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/16/93, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 24; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Thomas L. Aronson, president, Racing Resource Group, Inc., stated he was against the resolution and ceded his time to Mr. Carrico;
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David E. Carrico, vice president, Churchill Downs Incorporated, Louisville, KY, spoke against the resolution; a copy of Mr. Carrico's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;
William Miller, Berryville, VA, executive vice president, Virginia Racing Associates, spoke against the resolution;
Craig Day, 2813 New Providence Court, Falls Church, VA, spoke against off-track betting;
Carlyle C. Ring, 308 Monticello Boulevard, representing Alexandrians Against Gambling Parlors in our City, spoke for the resolution;
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke for the resolution; and
Terri Hauser, 501 Slaters Lane, representing the Alexandria Republican City Committee, spoke against off-track betting; a copy of Ms. Hauser's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item.
General Discussion. Members of City Council and the City Attorney participated in the discussion of this item.
Councilman Donley stated that he is opposed to the referendum that is up before the voters in November and urged all of the citizens of Alexandria to vote likewise. He indicated that he does question the appropriateness of Council's consideration of this resolution today. The General Assembly, through its legislative authority, has permitted the question to be placed on the ballot for the voters to decide and he thinks it is really a question that is up to the will of the voting citizenry and not necessarily the prerogative of Council. He stated that he thinks that when the legislative body, the City Council, interjects its prerogatives over a political decision and one that is before the voters, that is putting the cart before the horse. He indicated that while he certainly supports the resolution in its sentiment as well as the sentiments expressed by many of his colleagues, he does not really believe that it is appropriate for Council to pass a resolution addressing a political decision that is before the voters. He indicated that it is the proper role of elected officials to state their positions and try to influence their views in a public manner and he thinks it is inappropriate, however, that they use the legislative prerogatives to address what is properly before the voters. The voters are to instruct the Council in this instance and not the other way around. He stated that he is going to abstain from voting on this particular resolution because he does not support Councilman Jackson's position and he would not vote no. He indicated that he has never abstained from anything before the Council other than something that had to do with a conflict of interest with his employers. He stated that he takes his role very seriously on the Council, but he does not believe the resolution is an appropriate action for the Council to take. He indicated that he does not support the referendum before the voters and he urges all of the citizens in Alexandria to vote against off-track betting, but he is going to abstain from this particular vote.)
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WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-1-1, City Council adopted the resolution. The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "abstain"
Ticer "aye" Jackson "no"
Speck "aye"
The resolution reads as follows:
RESOLUTION NO. 1663
WHEREAS, the 1992 session of the General Assembly amended the State Code to permit six off-track betting parlors in Virginia;
WHEREAS, these betting facilities cannot be established in a jurisdiction unless the voters of that jurisdiction approve the establishment by referendum;
WHEREAS, proponents of off-track betting in Alexandria have successfully petitioned to place this issue on the ballot in November;
WHEREAS, an off-track betting parlor in Alexandria is estimated to generate as much as $125,000 a day in wagers;
WHEREAS, gambling taxes represent a regressive tax on the poor;
WHEREAS, the vast sums of money involved in off-track betting could potentially attract criminal activity;
WHEREAS, the State Code is silent on the matter of local control over off-track betting facilities and does not specifically require either local public hearings before approval of a location or proof of compliance with local laws and regulations before issuance of a permit or license by the Virginia Racing Commission; and
WHEREAS, the establishment of an off-track betting parlor is inconsistent with the character of life in Alexandria;
NOW, THEREFORE, BE IT RESOLVED THAT:
The Alexandria City Council opposes the passage of this referendum to assure the right of the City to make local land-use decisions and to preserve the quality of life of the citizens of our city.
26. Public Hearing on and Consideration of State Enterprise Zone Application for Mt. Vernon Avenue and Route 1. (Vice Mayor Cleveland)
(A copy of the City Manager's memorandum dated October 13, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Michael Brown, 18 E. Custis Avenue, president, Del Ray Citizens Association, spoke in support; and
Rod Kuckro, 209 E. Alexandria Avenue, spoke in support.
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General Discussion. The City Manager stated, on the subject of Mt. Vernon Avenue, that Mr. Brown wrote to the City asking that we have a summit on Mt. Vernon Avenue. This will be held on Thursday, November 18. She indicated that staff will be getting something out to Council probably at the end of next week with regard to the suggested agenda, the place and the time. It will be in the morning and probably run until lunch time. It will have representatives of the business community, the large owners, the individual and small business operators located there. Also, Mr. Brown will be contacting the presidents of the other contiguous civic associations to the Mt. Vernon Avenue corridor. She indicated that they are hoping that out of this will come a mutual plan or vision for Mt. Vernon Avenue and where we go in the future.
Members of City Council participated in the discussion. Councilwoman Pepper suggested that the City try to get DASH to run on the Avenue.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council (1) conducted the public hearing; (2) adopted the resolution authorizing the submission of an application for a State enterprise zone; and (3) authorized the City Manager to execute all documents necessary to apply for, establish, and administer the enterprise zone. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The resolution reads as follows:RESOLUTION NO. 1664
WHEREAS, the Commonwealth of Virginia enacted the Enterprise Zone Act, §59.1-270, Code of Virginia, for the purpose of stimulating business and industrial growth in economically distressed areas that would result in neighborhood revitalization;
WHEREAS, the State amended the Act in 1993 to authorize the designation of six additional zones, with the designations to remain in effect for a period of 20 years; and
WHEREAS, the City Council has determined that in order to facilitate economic growth and to further the commercial revitalization of the Potomac West area of Alexandria, specifically the Mt. Vernon Avenue and Route 1 corridors, that it is in the best interest of the City of Alexandria to apply for Virginia Enterprise Zone designation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ALEXANDRIA:
1. That the submission, by the City of Alexandria, of the application for Virginia Enterprise Zone designation, shall be and hereby is authorized and approved;
2. That the City Manager shall be and hereby is authorized to execute, on behalf of the City of Alexandria, to submit all information needed to apply for zone designation and to meet other program administrative and reporting requirements.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
27. SUP #2716 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 2603 Mount Vernon Avenue; zoned CL, Commercial Low. Applicant: Dave Cheng's Corporation, by Chien Hui Cheng.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Michael Campilongo, 1205 N. Pitt Street, attorney representing the applicant, indicated that there was only one issue that separated the applicant from the Del Ray Citizens Association and that had to do with whether or not the seating would be included. He stated that the Planning Commission amended the staff report to require the inclusion of that and he has informed the president of the Del Ray Citizens Association that Mr. Cheng is prepared to work along with those conditions and terms; and
Michael Brown, 18 E. Custis Avenue president, Del Ray Citizens Association, spoke in support.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. [This includes Condition #2 as substituted by the Planning Commission.] The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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28. TA #93-013 - Public Hearing and Consideration of amendments to Article IV (Commercial, Office and Industrial Zones), Section 4-1200 (I/Industrial Zone), Subsection 4-1203 (Special Uses) of the Zoning Ordinance, for the purpose of adding retail and restaurant to the Industrial Zone and to correct a typographical error. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 4-2.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Marilyn Doherty, 12 W. Mt. Ida Avenue, spoke against; and
Rod Kuckro, 209 E. Alexandria Avenue, representing the Federation of Civic Associations, spoke against.
General Discussion. Mr. Lynn, Director of Planning and Community Development, answered questions asked by the Members of City Council.
City Council requested staff to send out on Monday the docket item and notice to at least the civic associations that were involved at the time of the small area plan for Potomac Yard.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council deferred action on this matter, retained it at the Council level and not close the public hearing and deferred action to the November 13 public hearing and requested staff to take a look at the analysis on the changes for the special use permit for retail as well as the limitation to 300,000 square feet. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
WITHOUT OBJECTION, City Council considered Docket Item Nos. 29 (a) and (b) under one motion.
29. REZONING #93-006 - Public Hearing and Consideration of technical corrections to the zoning map. These changes are in compliance with the adopted master plan. The changes are as shown below. Staff: Department of Planning and Community Development.
a. Part of 4349 Duke Street
Rezone from RA, Multi-family Residential to CG, Commercial General.
COMMISSION ACTION: Recommend Approval 7-0.
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b. 605 Franklin Street
Rezone from RM, Residential Townhouse to CL, Commercial Low.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 29 (a)(b); 10/16/93, and is incorporated herewith as part of this record by reference.)
(Bernard M. Fagelson. 1733 King Street, attorney representing property owner, was available to answer questions.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the above rezonings. [City Attorney will prepare the necessary ordinances.] The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck "aye"
NOTE: Items 30 through 32 relate to each other.
WITHOUT OBJECTION, City Council considered Docket Item Nos. 31 and 32 together as one motion, and then returned to Docket Item No. 30.
31. REZONING #93-007 - Public Hearing and Consideration of a request to rezone the property located at 6102 Lincolnia Road from proffered CO/Commercial Office (proffered to development plan Special Use Permit #2243) to CRMU-M/Commercial Residential Mixed Use--Medium, consistent with the proposed zoning in the adopted master plan. Applicant: Quantrell Townhomes Limited Partnership, E/YA, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 10/16/93, and is incorporated herewith as part of this record by reference.)
32. SUP #2710 - Public Hearing and Consideration of a request for a Special Use Permit, with site plan, to construct a 72-unit townhouse development, with a reduction in open space, with an increase in building floor area, and with private street frontage instead of public street frontage for 54 lots. The site is located at 6102 Lincolnia Road, at the corner of Lincolnia Road and Quantrell Avenue, contains approximately 3.13 acres of land, and is currently zoned CO, Commercial Office with proffers (rezoning to CRMU-M pending). Applicant: Quantrell Townhomes Limited Partnership, E/YA, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 10/16/93, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on these items:
Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, spoke in support; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support.)
31. and 32. WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed rezoning and City Council approved the recommendation of the Planning Commission and approved SUP #2710, subject to all applicable codes and ordinances, with the staff recommendations, and with the addition of two conditions, R-22 and R-23. [City Attorney will prepare the necessary ordinance for the rezoning.] The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Donley "aye" Rich "aye"
Speck "aye"
30. Consideration of Request to Terminate Existing C-O Development Contract for Property at 6102 Lincolnia Road. (This is not a Public Hearing Item)
(A copy of the City Manager's memorandum dated October 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 10/16/93, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the termination of the C-O development contract on the subject parcel and authorized the City Manager to approve the documents necessary for the release of the C-O contract. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
Whereupon, at 12:20 p.m., City Council recessed for lunch and a work session.
During the lunch break, there was a discussion of options on the Kate Waller Barrett Library and the Consensus Items from the City Council's 1993 Retreat in the City Council Workroom.
Members of City Council, the City Manager, Mr. O'Brien, Mr. Pessoa, Ms. Federico, and Mr. Gitajn participated in the discussion of the options on the Kate Waller Barrett Library.
Members of City Council, the City Manager and Mr. Gitajn participated in a discussion with respect to the consensus items from the 1993 City Council Retreat.
(Copies of materials pertaining to the above work session are on file in the office of the City Clerk and Clerk of Council, and are incorporated herewith as part of the record by reference.)
Thereupon, at 2:05 p.m., City Council reconvened the meeting and returned to Docket Item No. 23.
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23. Public Hearing on the Consensus Items from the City Council's 1993 Retreat. (This item will be heard after lunch.)
(A copy of the City Manager's memorandum dated September 17, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Marcia C. Ritchey, 334 N. Patrick Street, spoke on behalf of Project New Course; a copy of Ms. Ritchey's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of a fourth community library in the West End.
Members of City Council and the City Manager participated in the discussion of this issue. Council Member Rich stated that he felt there was not a consensus on his part with respect to the library issue. Councilman Jackson suggested, for the record, that since there was a memorandum issued with respect as to whether there was a consensus reached at the retreat on the issue of land acquisition for a fourth library that a statement should be issued that amends the original statement that stated a consensus was reached. This should be done for the record. Councilman Jackson stated that Council needs to focus on the decision that will be made at an upcoming public hearing concerning the general obligation bonds. Councilman Speck indicated that he thought the City Manager was going to issue a revised summary as a result of the discussion had in the work session. Councilman Donley agreed and indicated that the issue will be decided one way or another soon at an upcoming public hearing meeting.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Council Member Rich and Vice Mayor Cleveland and carried unanimously, City Council received the City Manager's report with some reservations as to the consensus. The voting was as follows:
Pepper "aye" Ticer "aye"
Rich "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Speck "aye"
NOTE: Items 33 through 39 relate to each other.
WITHOUT OBJECTION, City Council considered Docket Item Nos. 33 through 39 as a package and made one motion incorporating the recommendations.
33. VACATION #93-006 - Public Hearing and Consideration of a request for vacation of a three-foot-wide strip of public sidewalk right-of-way located at 113-117 North Alfred Street; zoned CD, Commercial Downtown. Applicant: Department of Transportation and Environmental Services, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 10/16/93, and is incorporated herewith as part of this record by reference.)
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34. SECTION 9.06-#93-003 - Public Hearing and Consideration of a request to sell the City-owned parking lot located at 800 Cameron Street and a three-foot-wide strip of vacated public right-of-way along the east side of the 100 block of North Alfred Street (Vacation #93-006) for redevelopment as an underground parking garage with up to 230 spaces (with 200 public spaces), a 16-unit residential townhouse cluster development and 8,475 square feet of commercial office space. Applicant: Department of Transportation and Environmental Services.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 10/16/93, and is incorporated herewith as part of this record by reference.) .
35. SUP #2722 - Public Hearing and Consideration of a request for a Special Use Permit for a cluster residential townhouse development plan for 16 townhouse units, including a vision clearance waiver for the development of the Cameron Street Parking Lot. The site is located at 800 Cameron Street, contains approximately 0.79 acre and is zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
36. SUP #2723 - Public Hearing and Consideration of a request for a Special Use Permit, with site plan, for 8,475 square feet of commercial office space, increasing the permitted non-residential density and waiving the vision clearance requirement for the development of the Cameron Street Parking Lot. The site is located at 800 Cameron Street, contains approximately 0.79 acre and is zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
37. SUP #2724 - Public Hearing and Consideration of a request for a Special Use Permit, with site plan, to allow the operation of a motor vehicle parking garage for up to 230 spaces underground, including at least 200 public parking spaces, for the development of the Cameron Street Parking Lot. The site is located at 800 Cameron Street, contains approximately 0.79 acre and is zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 35, 36, and 37; 10/16/93, and is incorporated herewith as part of this record by reference.)
38. ENCROACHMENT #93-007 - Public Hearing and Consideration of a request for encroachments into the public right-of-way located at 113-117 North Alfred Street for stoops, steps and ramps in conjunction with the development of the Cameron Street Parking Lot; zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
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39. ENCROACHMENT #93-008 - Public Hearing and Consideration of a request for encroachments into the public right-of-way located at 800 Cameron Street and 116-126 North Columbus Street for landscape areas in conjunction with the development of the Cameron Street Parking Lot; zoned CD, Commercial Downtown. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 38 and 39; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Lynn's memorandum dated October 14, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 38 and 39; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on these items:
Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Speck and carried unanimously, City Council approved the Planning Commission recommendation on Vacation #93-006, the Planning Commission recommendation on Item 34 which is the consideration of proposal to sell city-owned parcels in the 800 block of Cameron Street, Special Use Permits #2722, 2723, 2724, and one small modification on Encroachment #93-007 and #93-008, that condition #3 would be restated as suggested in a memo that Council received yesterday by Sheldon Lynn, Director of Planning and Community Development, regarding a final site plan.
The Planning Commission recommendations for Item Nos. 33 through 39 are as follows:
33. City Council approved the recommendation of the Planning Commission and approved Vacation #93-006, subject to all applicable codes and ordinances and the staff recommendation and authorized the Mayor to appoint Viewers; the Mayor subsequently appointed Rebecca Davies, Chair, and Dennis Gallagher and Helen Miller as Viewers.
34. City Council approved the recommendation of the Planning Commission and approved this request subject to all applicable codes and ordinances.
35., 36., and 37. City Council approved the recommendation of the Planning Commission and approved SUP #2722, #2723, and #2724, subject to all applicable codes and ordinances and the staff recommendations.
38. & 39. City Council approved the recommendation of the Planning Commission, as amended, and approved Encroachments #93-007 and #93-008, subject to all applicable codes and ordinances and the staff recommendation and amended Condition #3 to read as follows: "3. The area within the encroachment shall be used only as shown on the final site plan for SUPs #2722, #2723, and #2724.
The voting was as follows:
Donley "aye" Cleveland "aye"
Speck "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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40. SUP #1940-B - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and expand the restaurant located at 1118 King Street to include a bakery/pastry shop, catering and delivery service, and to amend the hours of operation; zoned CD, Commercial Downtown. Applicant: Richard L. and Nan L. Shearer.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 10/16/93, and is incorporated herewith as part of this record by reference.)
(Nancy L. Shearer, 15745 Vista Drive, Dumfries, VA, representing the applicant, was available to answer questions.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland 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, and amended Conditions #3, #6 and #7 and added Condition #16. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room
41. SUP #2398-B, #2399-B, #2400-B and #2401-B - Public Hearing and Consideration of a request to extend the valid time period of the Special Use Permits for transition (SUP #2398), the increase in building height (SUP #2399), the increase in floor area ratio (SUP #2400), and the Transportation Management Plan (SUP #2401), for the construction of the Mill Race Mixed Use Development. The proposed project includes 1,069,000 square feet of floor area, including five residential buildings with 680 residential units, an office building containing 180,000 square feet of floor area and 25,000 square feet of retail space, with 1,506 off-street parking spaces on a parcel containing 5.137 acres located at Mill Road and Eisenhower Avenue; zoned CDD, Coordinated Development District. Applicant: Mill Two Associates, Mill Four Associates and Doris Lindsey, by Bernard Fagelson, attorney.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Larry Stansbury, 6101 Edsall Road, president of Alexandria Knolls West Condominium Homes, spoke against; and
Bernard M. Fagelson, 1733 King Street, attorney representing the applicant, spoke in support of the request.
General Discussion. Members of City Council, Mr. O'Kane, Director of Transportation and Environmental Services, Mr. Pessoa, Assistant City Attorney, Mr. Lynn, Director of Planning and Community Development, and Mr. Fagelson, participated in the discussion.)
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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 for a one-year extension subject to compliance with all applicable codes and ordinances and the staff conditions and added a condition R-40 to read: "R-40. That at the time that this application is submitted for actual building that the [T&ES] staff examine [analyze] the TMP to see if there are any major changes that need to be made." The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer out of room Rich "aye"
Speck "aye"
42. SUP #2532-B - Public Hearing and Consideration of a request for a Special Use Permit to add carry-out service and extend the hours of operation of the full-service restaurant known as the Tea Cozy located at 119 South Royal Street; zoned CD, Commercial Downtown. Applicant: Vivien M. Bacon.
COMMISSION ACTION: Recommend Approval 7-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Robinson's letter dated October 15, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 10/16/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, 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 noted that Council did receive a letter from Larry Robinson, president of the Old Town Civic Association, withdrawing the Civic Association's opposition to this application. The voting was as follows:
Donley "aye" Cleveland "no"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
43. SUP #2705 - Public Hearing and Consideration of a request for a Special Use Permit to operate a professional office for a doctor within the residential building located at 3976 Seminary Road; zoned R-20 Residential. Applicant: Paul V. Stasiewicz, D.D.S., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of background information provided by Mr. Thomas is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 43 and 44; 10/16/93, 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:
Nell Vetter, 922 Juniper Place, representing Seminary Hill Association, Inc., spoke against this item and indicated that her remarks go to Docket Item No. 44 as well;
William C. Thomas, 1733 King Street, attorney representing the applicant, spoke in support; and
Bernard M. Fagelson, 1733 King Street, attorney representing the applicant, was available to answer questions.
General Discussion. Members of City Council, Mr. Pessoa, Assistant City Attorney, Mr. Lynn, Director of Planning and Community Development, and Mr. Thomas participated in the discussion.)
WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Councilman Donley and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Conditions #9, #10 and #11; and Council amended Condition #3 which should read as follows: "3. No advertising of the home occupation by television, radio, direct mail or any other means shall be permitted at any time."; and insert new Condition #4 as follows: "4. Signs advertising the practice shall be approved by the Directors of T&ES and Planning and Community Development." The voting was as follows:
Speck "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Rich "aye"
44. SUP #2707 - Public Hearing and Consideration of a request for a Special Use Permit to operate a professional office for a doctor within the residential building located at 4550 Seminary Road; zoned R-8 Residential. Applicant: Albert S. Roslyn, D.D.S., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 10/16/93, and is incorporated herewith as part of this record by reference.)
It was noted that William C. Thomas and Bernard M. Fagelson, attorneys representing the applicant, were available to answer questions.
It was also noted that a number of citizens had signed up to speak in support of this special use permit.
It was again noted that Nell Vetter was in opposition to this special use permit.
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WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Speck and Vice Mayor Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added Conditions #9 and #10; and Council amended with the same conditions in Docket Item No. 43 as follows: Condition #3 which should read as follows: "3. No advertising of the home occupation by television, radio, direct mail or any other means shall be permitted at any time. " ; and insert new Condition #4 as follows: "4. Signs advertising the practice shall be approved by the Directors of T&ES and Planning and Community Development." The voting was as follows:
Rich "aye" Ticer "aye"
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye"
45. SUP #2727 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile sales/auction business located at 110 South Floyd Street; zoned I, Industrial. Applicant: Tri-Star Enterprises, Inc., by Christopher J. Fanzo.
COMMISSION ACTION: Recommend Denial 5-1.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of Mr. Lynn's memorandum dated October 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 45; 10/16/93, and is incorporated herewith as part of this record by reference.
A copy of Ms. Ritchey's letter dated October 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 45; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Richard Fanzo, 12801 Lode Street, Bowie, MD, representing the applicant, spoke in support;
Sharon Fanzo, 12801 Lode Street, Bowie, MD, representing the applicant, spoke in support;
Donald F. Simpson, 608 W. Braddock Road, representing Simpson Company, landlord-property owner, spoke in support;
Dianna Ritchey, 3942 Vermont Avenue, spoke against; and
George F. Hibner, 3938 Vermont Avenue, spoke against.
General Discussion. Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion of this item.
The public hearing was closed on this item.)
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WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Cleveland and carried unanimously, City Council deferred this item to its next legislative meeting to allow the applicants to work with staff to agree upon conditions that would normally be applied to now what they understand to be the use and then bring it back to Council at its next legislative meeting, October 26. The voting was as follows:
Speck "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
46. SUP #2729 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 5406 Seminary Road; zoned R-20, Residential.
Applicant: Bui Thi Son Binh Harrison.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 10/16/93, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Edward E. Schwab, 5439 Dawes Avenue, representing Seminary West Civic Association, requested deferral so that the application may be considered at the October 26 meeting of the Civic Association; and
Bui Thi Son Binh Harrison, 5406 Seminary Road, applicant, spoke in support and answered questions asked by Members of City Council.
Mr.Schwab also answered questions.)
WHEREUPON, upon motion by Vice mayor Cleveland, seconded by Council Member Rich and carried on a vote of 5-to-1, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Cleveland "aye" Donley "aye"
Rich "aye" Jackson out of room
Ticer "aye" Pepper "aye"
Speck "no"
47. SUP #2732 - Public Hearing and Consideration of a request for a Special Use Permit to operate a child care home located at 2936 Mount Vernon Avenue; zoned RA, Residential. Applicant: Rosa P. Carr.
COMMISSION ACTION: Recommend Approval 6-1.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 10/16/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Vice Mayor Cleveland, 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. The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS
48. Public Hearing and Consideration of adoption of the Mount Vernon Avenue Urban Design Guidelines. Staff: Department of Planning and Community Development. (ROLL-CALL VOTE)
COMMISSION ACTION: Recommend Approval 6-0.
(A copy of the Planning Commission report dated October 5, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; and is incorporated herewith as part of this record by reference.
(The following person participated in the public hearing on this item:
Michael Brown, 18 E. Custis, representing Del Ray Citizens Association, spoke in support.
The Mayor noted that Marlin G. Lord, 2724 Hickory Street, and Rod Kuckro, 209 E. Alexandria Avenue, were present earlier, wanted it noted for the record that they were in support of this item.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution, as amended, to authorize staff to incorporate the comments from the Del Ray Civic Association in the Guidelines adopted by City Council. [Mr. Lynn's memorandum dated October 15, 1993.] The voting was as follows:
Rich "aye" Cleveland "aye"
Pepper "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Speck "aye"
The resolution, as amended, reads as follows:
RESOLUTION NO. 1665
WHEREAS, the Comprehensive Master Plan calls for the development of Urban Design Guidelines to guide the Planning Commission in reviewing site plan and discretionary zoning permit applications; and
WHEREAS, a duly advertised public hearing on said Urban Design Guidelines was held on the 5th of October, 1993, by the Planning Commission, with all public testimony and written comment considered; and
WHEREAS, a duly advertised public hearing on said Urban Design Guidelines was held on the 16th of October, 1993, by City Council, with all public testimony and written comment considered;
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WHEREAS, the Council finds that:
1. The Department of Planning and Community Development, working with local citizens, has made appropriate surveys and studies of the existing conditions along Mount Vernon Avenue;
2. The said Urban Design Guidelines are necessary or desirable to guide and accomplish a coordinated and harmonious development along Mount Vernon Avenue and to support the City's ongoing efforts to improve this corridor; and
3. The said Urban Design Guidelines are generally consistent with the Comprehensive Master Plan goals and objectives;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alexandria, that:
1. The Mount Vernon Avenue Urban Design Guidelines is hereby adopted in its entirety, with the incorporation of the comments from the Del Ray Civic Association as outlined in the memorandum from Sheldon Lynn, Director of Planning and Community Development, dated October 15, 1993.
2. This resolution shall take effect immediately upon its adoption.
(A copy of Mr. Lynn's memorandum dated October 15, 1993, which is referred to in the above resolution is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 48; 10/16/93, and is incorporated herewith as part of this record by reference.)
49. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to bring the city's regulations governing day care homes into conformity with recent amendments to the Virginia Code (i) by repealing all regulations governing nursery schools and (ii) by revising the regulations to require child care services providers who care for one through eight children, rather than one through five children, be registered by the city. (#18 10/12/93) (ROLL-CALL VOTE)
(A copy of the City Attorney's memorandum dated October 8, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 49; 10/16/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Donley, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:
Donley "aye" Cleveland "aye"
Rich "aye'" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The ordinance finally passed reads as follows:
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ORDINANCE NO. 3670
AN ORDINANCE to amend and reordain Sections 12-3-1 (DEFINITIONS) and 12-3-2 (ZONING), of Article A (GENERAL PROVISIONS), to repeal Article B (NURSERY SCHOOLS), and to redesignate Article C (DAY-CARE HOMES) as Article B (DAY-CARE HOMES), all of Chapter 3, Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 12-3-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Sec. 12-3-1 Definitions.
For purposes of this chapter, the following terms shall have the meanings provided below:
(1) "Adult" means any natural person of at least 18 years of age.
(2) "Child" means any natural person under 18 years of age.
(3) "Child-care services" means the regular provision, in exchange for compensation, of care, protection and guidance to from one to and including eight children not related by blood or marriage to the care provider, while such children are separated from their parents, guardians or legal custodians, in a dwelling not the residence of one or more of the children, during a part of the day for at least four days of a calendar week. Providers caring for nine or more children shall be licensed by the Virginia Department of Social Services.
(4) "Division of social services" means the component of the City of Alexandria department of human services responsible for administering the provisions of article B of this chapter.
(5) "Day-care home" means any residential building, or portion thereof, which is used to provide child-care services.
Section 2. That Section 12-3-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:
Sec. 12-3-2 Zoning.
No day-care home shall be registered under this chapter unless the land upon which the day-care home is to be operated, or is operated, is zoned to permit such use.
Section 3. That Article B of Chapter 3, Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed.
Section 4. That Article C of Chapter 3, Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, redesignated as Article B.
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Section 5. That this ordinance shall become effective on November 1, 1993.
Introduction: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
50. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for restaurant seating and lighting located at 811-815 South Washington Street. (#19 10/12/93) (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:
Rich "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3671
AN ORDINANCE authorizing Washington Street Food Company, Inc., the operator of a restaurant located at 811-815 South Washington Street, to establish and maintain an encroachment into the right-of-way of the public sidewalk in front of the properties at 811-815 South Washington Street, in the City of Alexandria, Virginia, for restaurant seating and for two entrance lamp posts, said encroachment measuring approximately 47 feet in length across the frontage of the properties and 9 feet in width from the front property lines of said property, and containing approximately 423 square feet.
WHEREAS, Washington Street Food Company, Inc. is the current occupant of the properties located at 811-815 South Washington Street in the City of Alexandria, Virginia and operates a restaurant at that location; and
WHEREAS, Washington Street Food Company, Inc. desires to establish and maintain restaurant seating in an outdoor sidewalk cafe as well as two iron and brass lamp posts at the entrance to the restaurant, all of which will encroach into the right-of-way of the public sidewalk area in front of the property approximately 47 feet in length across the frontage of the properties and extending 9 feet from the front property lines, and containing approximately 423 square feet; and
WHEREAS, the public right-of-way at that point on Washington 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
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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 Washington Street Food Company, Inc. (hereafter the "Restaurant") be, and the same hereby is, authorized to establish and maintain an encroachment into the right-of-way of the public sidewalk in front of the properties at 811-815 South Washington Street, in the City of Alexandria, Virginia, for restaurant seating and for two iron and brass entrance lamp posts, said encroachment measuring approximately 47 feet in length across the frontage of the properties and 9 feet in width from the front property lines of said properties, and containing approximately 423 square feet, 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 the Restaurant of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the following conditions:
(a) that a minimum width of 13 feet be reserved and always maintained for pedestrian traffic along the public sidewalk in front of the properties at 811-815 South Washington Street;
(b) that no more than 30 seats be placed within the area of the encroachment, as specified by Special Use Permit No. 2449-B;
Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon the Restaurant maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate
Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate
This liability insurance policy shall identify the City of Alexandria and the Restaurant as named insureds and shall provide for the indemnification of the City of Alexandria and the Restaurant against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, the Restaurant shall, upon notice from the city, remove the encroachment from the public
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right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of the Restaurant. Nothing in this section shall relieve the Restaurant of its obligations and undertakings required under this ordinance.
Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, the Restaurant 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 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to the Restaurant'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 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 7. That the Restaurant 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 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from the Restaurant the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by the Restaurant without cost to the city. If the Restaurant 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 the Restaurant, and shall not be liable to the Restaurant for any loss or damage to the structure of the encroachment caused by the removal.
Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
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51. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to establish a permanent committee whose primary function will be to administer and oversee the economic marketing fund established by city council on September 28, 1993. (#20 10/12/93) (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(General Discussion. There was discussion with respect to Sec. 2-4-64 (10) on page 2 of the ordinance. Councilman Donley suggested that it be changed to read: "(10) Mt. Vernon Avenue Trade Area", since there is a question as to whether the Potomac West Trade Association is still an active association.)
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance, as amended, on its Second Reading. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The substitute ordinance finally passed as amended reads as follows:
ORDINANCE NO. 3672
AN ORDINANCE to amend and reordain Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS) by adding thereto a new Article G (ALEXANDRIA MARKETING COMMITTEE), and to amend and reordain subsubsection (9) (BOARDS AND COMMISSIONS), subsection (a) (SUBJECT OFFICERS AND EMPLOYEES), Section 2-5-11 (FINANCIAL DISCLOSURE STATEMENT REQUIRED), Article B (FINANCIAL DISCLOSURE), Chapter 5 (OFFICERS AND EMPLOYEES) by adding thereto a new subsubsubsection (m) (ALEXANDRIA MARKETING COMMITTEE), all of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Chapter 4, Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained by adding thereto a new Article G to read as follows:
ARTICLE G
Alexandria Marketing Committee
Sec. 2-4-63 Established.
(a) There is hereby established a standing committee known as the Alexandria Marketing Committee.
Sec. 2-4-64 Composition.
The committee shall consist of the city manager or her designee and one representative from each of the following groups or areas:
(1) Alexandria Chamber of Commerce;
(2) Alexandria Convention and Visitors Bureau;
(3) Alexandria Economic Development Program;
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(4) Alexandria Hotel Association;
(5) Alexandria Promotion Team;
(6) Alexandria Restaurant Council;
(7) King Street Metro Enterprise Team;
(9) Old Town Business Association;
(10) Mt. Vernon Avenue Trade area;
(11) Torpedo Factory Artists' Association; and
(12) Alexandria City Council.
Sec. 2-4-65 Appointment; procedures, and organization.
(a) Each group listed in section 2-4-64 shall nominate a representative who shall be appointed by the mayor to serve as a member of the Alexandria Marketing Committee. Such members shall serve for a term of three years; provided, however, that of the members first appointed, four shall be appointed for terms of one year, four shall be appointed for terms of two years, and four shall be appointed for terms of three years, as determined by lot.
(b) Except as to the manner of appointment specified in subsection (a) hereof, the committee shall be subject to the provisions of this Article.
(c) Notwithstanding the provisions of section 2-4-9, the executive secretary shall provide no administrative or clerical assistance or resources to the committee.
Sec. 2-4-66 Functions; powers; duties.
(a) The purpose of the committee is to foster public/private cooperation and coordination among multiple businesses and organizations to promote Alexandria as a destination for visiting, shopping, dining and doing business; to leverage public dollars with private investment, and to bring increased revenues to the City of Alexandria.
(b) The committee shall administer the marketing fund established by city council and may make grants from such monies as may be available therein.
(c) In making such grants, the committee shall adhere to the mission statement, goals and objectives of the Alexandria Marketing Plan, and shall likewise adhere to the guidelines for applications for grants from the marketing fund, as the same have been adopted, and may from time to time be amended, by the City Council.
Section 2. That section 2-5-11(a)(9) of the Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained by adding thereto a new subsection to read as follows:
m. Alexandria Marketing Committee.
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Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
52. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to permit, by special use permit, more than eight townhouses in a single structure. (#21 10/12/93) (ROLL-CALL VOTE)
(A copy of Mr. Lynn's memorandum dated October 15, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 52; 10/16/93, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(General Discussion. Mr. Lynn, Director of Planning and Community Development, spoke to his suggested amendment to Section 7-1600 Townhouses (D). He indicated that (D) should be amended to read as follows: "(D) No adjacent group of more than three townhouses approved pursuant to a special use permit shall have the same front setback.")
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance, as amended, on its Second Reading. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed as amended reads as follows:ORDINANCE NO. 3673
AN ORDINANCE to amend and reordain Section 2-138 (DWELLING, TOWNHOUSE), under Section 2-100 (DEFINITIONS), and to add a new Section 7-1600 (TOWNHOUSES), under Article VII (SUPPLEMENTAL ZONE REGULATIONS), all of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 2-138 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 2-138 Dwelling, townhouse.
One of a series of three or more attached dwelling units separated from one another by continuous vertical party walls without openings from basement to roof or roofs.
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Section 2. That Article VII of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 7-1600 to read as follows:
Section 7-1600 Townhouses.
(A) No group of townhouses shall exceed eight dwelling units in a single structure, except that a greater number may be approved with a special use permit in zones where townhouses are a permitted use, subject to the restrictions of this section.
(B) No such special use permit shall be approved in the RA, RB, RM, RS, RT, CD and CL zones.
(C) No such special use permit shall be approved which authorizes a total length of any single structure in excess of 212 feet.
(D) No adjacent group of more than three townhouses approved pursuant to such a special use permit shall have the same front setback.
(E) No such special use permit shall be approved unless, in lieu of the otherwise applicable side yard setback requirements between end unit townhouses, such special use permit includes a condition, assented to in writing by the applicant, for the provision of fire resistive construction and/or fire protection system requirements, not otherwise required by the Uniform Statewide Building Code, and reasonably calculated to the satisfaction of the fire marshal to offset the diminution in fire safety occasioned by the relaxation of the otherwise applicable side yard setback requirements.
Section 3. That Section 2-138 and Article VII of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are reordained as part of the City of Alexandria Zoning Ordinance.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review; and 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: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
53. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 4-702 of the Zoning Ordinance to allow commercial schools in the CR zone as a permitted use. (#22 10/12/93) (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3674
AN ORDINANCE to amend and reordain Section 4-702 (PERMITTED USES), under Section 4-700 (CR/COMMERCIAL REGIONAL ZONE) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 4-702 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by adding thereto a new subsection (E.1) to read as follows:
(E.1) Private school, commercial;
Section 2. That Section 4-702 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 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 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: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
54. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend section 11-506 of the Zoning Ordinance to make the period of validity for special use permit approvals involving construction consistent with the period of validity for site plan approvals. (#23 10/12/93) ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(General Discussion. Mr. Lynn, Director of Planning and Community Development, indicated that Walter Robbins was concerned with the acreage in (C) (2) (a) in line 11. He suggested that it be amended to read "seven acres" instead of "eight acres".)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance, as amended, on its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed as amended reads as follows:ORDINANCE NO. 3675
AN ORDINANCE to amend and reordain subsection (C) (COMMENCEMENT OF USE REQUIRED) of Section 11-506 (DURATION OF VALID PERMIT), under Section 11-500 (SPECIAL USE PERMITS) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (C) of Section 11-506 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(C) Commencement of use required.
(1) Use without new construction. A special use permit granted under this section 11-500 that does not involve new construction shall become void unless operation is commenced within a period of one year of the date that the permit was approved and is thereafter diligently pursued. If an application to extend a special use permit is filed with the director prior to the expiration of its term, and after compliance with the notice and hearing requirements for an original special use permit application, the city council may grant a one year extension of the permit.
(2) Use with new construction.
(a) Construction to begin with 18 months. A special use permit approved pursuant to the provisions of this section 11-500 that involves new construction shall expire and become null and void as to any uncommenced construction and any uncompleted construction, unless substantial construction of the project approved in such permit is commenced within the period herein provided after initial city council approval of the permit and such construction is thereafter pursued with due diligence. Such commencement as is required by this paragraph shall occur within 18 months unless the permit is one that involves more than seven acres and the applicant requests and council approves a different time period.
(b) Extension of time allowed under certain conditions. An extension of time may be permitted by city council under the same conditions and procedures as those provided for in section 11-418(A).
(c) Evidentiary standards for "substantial construction" and "due diligence." As used in this section 11-506, the terms "substantial construction" and "due diligence" shall have that meaning provided in section 11-418(B).
(d) Finding that permit has expired. The procedures by which the director may make a finding that a special use permit has expired and by which that finding may be challenged shall be those provided in section 11-418(C).
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(e) Application to site plans approved as part of special use permit. The provisions of this subsection shall control the validity of all site plans, preliminary, final or combined, approved as part of a special use permit, and no such site plan shall continue in force and effect beyond the expiration of the special use permit by which such site plan was approved.
(f) Refund of fees. Fees and contributions paid by the applicant to the city in connection with a project, except application and on site inspection fees, shall be proportionately refunded if a special use permit expires under the provisions of this section.
(3) "New construction" defined. For purposes of this section 11-506(C), the term "new construction" shall mean that construction, development or improvement which requires the approval of a site plan pursuant to section 11-403.
(4) Application to previously issued permits. The provisions of this section 11-506(C) shall apply to all special use permits approved after (October 16, 1993) and to any application for an extension of a special use permit, regardless of when approved, properly filed after (October 16, 1993).
Section 2. That subsection (C) of Section 11-506 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 3. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review; shall apply to 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: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
55. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a 25,756 square foot portion of the public right-of-way located between Powhatan Street, Slater's Lane, and North Henry Street. (#24(b) 10/12/93) (ROLL-CALL VOTE)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance on its Second Reading. The voting was as follows:
Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The substitute ordinance finally passed reads as follows:ORDINANCE NO. 3676
AN ORDINANCE to vacate a 25,756 square foot portion of the public right-of-way consisting of Monroe Avenue (abandoned) and North Henry Street (abandoned) between Slaters Lane and Powhatan Street located in the City of Alexandria, Virginia.
WHEREAS, Henry Street Corporation, c/o Sequoia Investments, Inc., which is the contract purchaser of the property, currently owned by the Virginia Department of Motor Vehicles, at 1350-1400 Powhatan Street in the City of Alexandria, Virginia, has applied for the vacation of a portion of the public right-of-way between Slaters Lane and Powhatan Street, which right-of-way contains a portion of Monroe Avenue and of North Henry Street and extends an estimated 131.73 feet and 64.58 feet, respectively, in frontage along Powhatan Street and 321.62 feet in frontage along Slaters Lane as shown on the plat prepared by the Engineering Groupe, Inc., and dated May 20, 1993 ("Plat") (attached hereto); and
WHEREAS, the vacation of this public right-of-way 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, all existing easements for public utilities (sewer, electricity, telephone, gas, water, etc.), if any, which are located in the public right-of-way to be vacated by this ordinance are not to be affected by this vacation; and
WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to see that the conditions set forth below are satisfied, the Council of the City of Alexandria has concluded that the public right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; and therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the hereafter described public right-of-way, as shown on the Plat, be and the same hereby is vacated:
Beginning at a point along the easterly right-of-way line of Slaters Lane (variable width), being a point along the westerly line of the now or formerly Commonwealth of Virginia, Department of Motor Vehicles property and also being a southerly corner of the property herein described; thence departing the Commonwealth of Virginia,
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Department of Motor Vehicles property and with the said easterly right-of-way line of Slaters Lane along the arc of a curve to the right having a radius of 806.01 feet, an arc distance of 93.23 feet and a chord bearing and distance of N 08o 56' 22" E 93.18 feet to a point; thence N 12o 15' 12" E 228.44 feet to a point at the southwesterly corner of the now or formerly Commonwealth of Virginia, Department of Motor Vehicles property; thence departing Slaters Lane and with the southerly line of the Commonwealth of Virginia, Department of Motor Vehicles property N 83o 10' 59" E 91.64 feet to a point along the westerly right-of-way line of Powhatan Street (variable width); thence departing said southerly line of the now or formerly Commonwealth of Virginia, Department of Motor Vehicles property and with the said westerly right-of-way line of Powhatan Street S 32o 59' 58" E 21.07 feet to a point; thence S 26o 00' 01" E 43.51 feet to a point at the northeasterly corner of the now or formerly Commonwealth of Virginia, Department of Motor Vehicles property; thence departing said Powhattan Street and with the northerly, westerly and southerly line of the Commonwealth of Virginia, Department of Motor Vehicles property the following courses and distances: S 83o 10' 59" 106.85 feet to a point; along the arc of a curve to the left having a radius of 5.00 feet, an arc distance of 12.48 feet and a chord bearing and distance of S 11o 38' 41" W 9.48 feet to a point; S 59o 55' 01" E 191.24 feet to a point along the westerly right-of-way of Powhatan Street (variable width); thence departing the Commonwealth of Virginia, Department of Motor Vehicles property and with the said westerly right-of-way line of Powhatan Street S 26o 00' 01" E 131.73 feet to a point at the northeasterly corner of the now or formerly Commonwealth of Virginia, Department of Motor Vehicles property; thence departing Powhatan Street and with the northerly line of the Commonwealth of Virginia, Department of Motor Vehicles property the following courses and distances: along the arc of a curve to the left having a radius of 379.30 feet, an arc distance of 101.52 feet and a chord bearing and distance of
N 52o 14' 58" W 101.22 feet to a point; N 59o 55' 01" W 162.63 feet to a point; S 34o 22' 48" W 84.16 feet to a point; S 20o 33' 55" W 24.64 feet to a point; along the arc of a curve to the left having a radius of 462.50 feet, and arc distance of 87.28 feet and a chord bearing and distance of S 15o 09' 33" W 87.15 feet to the point of beginning and containing 25,756 square feet or 0.5913 acres of land.
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Section 2. That this vacation is subject to each of the conditions set forth below being satisfied:
(a) The public right-of-way to be vacated by this ordinance shall be consolidated with the property at 1350-1400 Powhatan Street, and a plat showing such consolidation shall be provided to and approved by the department of transportation and environmental services prior to the recordation of this ordinance.
(b) The use of the consolidated property shall be limited to 35 townhouses.
(c) All existing easements for public utilities (sewer, electricity, telephone, gas, water, etc.), if any, which are located in the public right-of-way to be vacated by this ordinance shall not, and are not to, be affected by this vacation.
Section 3. 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 4. 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.
Section 5. 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 above in section 2(a) 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(a) has been satisfied. Recordation of the certified ordinance shall be indexed in the names of the CITY OF ALEXANDRIA and the current owner of record of the property at 1350-1400 Powhatan Street, and such recordation shall be done by the Applicant or the Virginia Department of Motor Vehicles at his or its own expense.
Attachment: Vacation Plat
Introduction: 10/12/93
First Reading: 10/12/93
Publication: 10/14/93; 10/15/93
Public Hearing: 10/16/93
Second Reading: 10/16/93
Final Passage: 10/16/93
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
56. Consideration of Status Report on the Renovation of the Kate Waller Barrett Library. (#31 10/12/93)
(A copy of the City Manager's memorandum dated October 14, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 56; 10/16/93, and is incorporated herewith as part of this record by reference.)
(General Discussion. There was considerable discussion on this item. The Members of City Council, Mrs. Godwin, Acting Director of Management and Budget, Mr. Gitajn, Director of Financial and Information Services, the City Manager, Mr. Pessoa, Assistant City Attorney, and Mr. Schott, Director of General Services, participated in the discussion.
Councilman Jackson, for the record, went through the City Manager's four alternatives presented to City Council for consideration.)
WHEREUPON, a motion was made by Councilman Jackson, and seconded by Councilman Donley to approve a modified alternative (d) and committed the City to borrowing not more than $3,200,000 for the successful completion of the project.
(There was further discussion by the Members of City Council and staff. Councilman Speck requested Councilman Jackson to restate his motion.)
Councilman Jackson clarified and restated his motion as follows:
His motion goes to Alternative (D) on page 2 of the Docket memo where the Manager has committed to not borrowing more than $3,456,380 for the successful completion of the project. He is endorsing that alternative with the change in the figure to $3,200,000, which should be substituted.
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a vote of 5-to-2, City Council approved that the Manager is committed to not borrowing more than $3,200,000 for the successful completion of this project; approved proceeding with the project as currently designed; awarded the contract to the City's lowest bidder; and increased the budget for the project from the original $2.9 million up to $3,200,000; and included item (E) which authorizes the City Manager to execute the Memorandum of Agreement with the Alexandria Monthly Meeting of the Religious Society of Friends. The voting was as follows:
Jackson "aye" Cleveland "no"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "no"
The City Manager asked the motion maker if he intended that if in an unforeseen circumstance it exceeds the $3.2 million to be borrowed that staff could come back with suggested alternatives.
Councilman Jackson stated that staff certainly could always come back with suggested alternatives, of course, that's always open and it should be understood that Council will listen to anything.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 57 - 65
57. SUP #1944-B - Public Hearing and Consideration of a request for a Special Use Permit to (a) add outdoor seating, (b) amend the hours of operation, and (c) add outdoor music speakers to the existing restaurant located at 1 Cameron Street; zoned CD, Commercial Downtown. Applicant: Chart House, Inc., by Lewis M. Jackson.
COMMISSION ACTION: Recommend Withdrawal 4-0.
Reason: Applicant requested withdrawal.
58. SUP #2193-D - Public Hearing and Consideration of a request for a Special Use Permit to construct storage buildings for the Saint Stephen's School property located at 1000 Saint Stephen's Road; zoned R-12, Residential. Applicant: St. Stephen's and St. Agnes Schools, by Patti Woods.
COMMISSION ACTION: Recommend Deferral 4-0.
Reason: To allow applicant and neighbors time to resolve issues.
59. SUP #2709 - Public Hearing and Consideration of a request for a Special Use Permit to install a temporary trailer for office use for the existing automobile sales business located at 200 South Pickett Street; zoned CG, Commercial. Applicant: Stohlman Automotive Group, Inc., by William W. Merriam.
COMMISSION ACTION: Recommend Deferral 4-0.
Reason: To allow applicant time to resolve legal issues.
60. TA #93-027 - Public Hearing and Consideration of an amendment to Article VII (Supplemental Regulations), Section 7-202 (B) (Permitted Structures in Required Yards), of the Zoning Ordinance, to clarify that a small shed for a detached dwelling in a townhouse zone is allowed by administrative approval. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Deferral 7-0.
Reason: To allow further study by staff.
61. REZONING #93-006 - Public Hearing and Consideration of technical corrections to the zoning map. These changes are in compliance with the adopted master plan. The changes are shown below: Staff: Department of Planning and Community Development.
a. 300 & 400 Yoakum Parkway
Rezone from POS, Public Open Space and Community Recreation to RC, High Density Residential.
COMMISSION ACTION: Recommend Deferral 7-0.
Reason: To allow staff time to research scenic easements.
62. SUP #2200-A - Public Hearing and Consideration of a request for a Special Use Permit to extend the valid time period for the automobile sales and storage facility located at 111-119 East Reed Avenue; zoned CSL, Commercial Service Low and RB, Residential. Applicant: National Car Rental Systems, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Deferral 4-0.
Reason: To allow staff time to prepare text amendment.
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63. SUP #2706 - Public Hearing and Consideration of a request for a Special Use Permit to operate a professional office for a doctor within the residential building located at 4510 Seminary Road; zoned R-8, Residential. Applicant: Robin S. Kim, D.D.S., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Withdrawal 4-0.
Reason: Applicant requested application be withdrawn.
64. SUP #2726 - Public Hearing and Consideration of a request for a Special Use Permit to operate a day care center (day camp) located at 5801 Duke Street, within the Landmark Center; zoned CR, Commercial Regional. Applicant: YMCA of Metro Washington, D.C./Veterans' Memorial Branch, by Derick Malis.
COMMISSION ACTION: Recommend Deferral 7-0.
Reason: Applicant failed to attend the public hearing.
65. SUP #2728 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service restaurant with carry-out service within the BJ's Wholesale Club complex located at 101 South Van Dorn Street; zoned CRMU-M, Commercial Residential Mixed Use, Medium. Applicant: Burger King Corporation, by Mark Hill.
COMMISSION ACTION: Recommend Deferral 7-0.
Reason: To allow applicant time to resolve landscape issues.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilman Jackson and carried unanimously, City Council noted the deferrals and withdrawals. The voting was as follows:
Donley "aye" Cleveland "aye"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
New Business Item No. 1: The City Manager updated Council with respect to a proposed meeting between the City, the National Park Service and Congressman Moran. She indicated that there is some difference of opinion in the attorneys for the Park Service Office with respect to the interchange. She will keep Council informed about going forward with a meeting.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Jackson and carried unanimously, at 5:30 p.m., the Public Hearing Meeting of Saturday, October 16, 1993, was adjourned. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
APPROVED BY:
_____________________________
PATRICIA S. TICER MAYOR
ATTEST:
____________________________
Beverly I. Jett, CMC, City Clerk
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Work Session
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