Public Hearing Meeting
Saturday, January 22, 1994 - - 9:30 am
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Present: Mayor Patricia S. Ticer, Vice Mayor William C. Cleveland, Members of Council Kerry J. Donley, T. Michael Jackson, Redella S. Pepper, Lonnie C. Rich, and David G. Speck.
Absent: None.
Also Present: Mrs. Lawson, City Mapager; Mr. Sunderland, 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. Neckel, Director of Finance; Ms. Davis, Director of Housing; Mrs. Godwin, Director of Management and Budget; Mr. Smith, Mr. Tate and Mr. Leiberg, Urban Planners, Planning and Community Development; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Ross, Deputy Director of Planning and Community Development; and Lieutenant Robbins, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present except for Councilman Jackson who arrived at 10:50 a.m.
(a) John Chapman Gager, representing Friends of Homeless Animals and Old Town Yacht Basin, spoke during this period.
(b) Vice Mayor Cleveland announced that he would not be in attendance at the Tuesday, January 25, 1994 City Council Meeting, because he was required to be at work during President Clinton's State of the Union Address.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR 3 - 19
WITHOUT OBJECTION, City Council removed Docket Item Nos. 12, 13, 14, and 15 from the Action Consent Calendar and considered them under separate motions, and noted the withdrawal of Docket Item No. 21 (a) and (b) .
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Planning Commission
3. SUP #2569-C - Public Hearing and Consideration of a review of a special use permit for the existing restaurant with carry-out service located at 634 South Fairfax Street; zoned CL, Commercial Low. Applicant: Young Ja Lee. (#7 12/11/93)
COMMISSION ACTION: Recommend Approval 6-0(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/22/94, and is incorporated herewith as part of this record by reference.)
4. SUP #2594-A - Public Hearing and Consideration of a request for a special use permit to extend the time of validity of the special use permit and site plan for the parking lot located at 4501-4601 Duke Street; zoned RA, Residential. Applicant: First Alexandria Associates, by H. Alan Young, attorney.
COMMISSION ACTION: Recommend Approval 6-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/22/94, and is incorporated herewith as part of this record by reference.)
5. SUP #2605-B - Public Hearing and Consideration of a review of a special use permit for the existing automobile sales and repair facility located at 5800 Edsall Road; zoned CG, Commercial General. Applicant: James M. Kline.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/22/94, and is incorporated herewith as part of this record by reference.)
6. SUP #2736 - Public Hearing and Consideration of a request for a special use permit to operate a restaurant with carry-out service located at 4116 Wheeler Avenue; zoned I, Industrial. Applicant: Logan Food Company, Inc., by Clifford R. Logan, Jr.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/22/94, and is incorporated herewith as part of this record by reference.)
7. SUP #2748 - Public Hearing and Consideration of a request for a special use permit to operate a not-for-profit community center located at 3804 Executive Avenue; zoned RA, Residential. Applicant: Alexandria Health Department, by Joshua Lipsman, M.D., M.P.H.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/22/94, and is incorporated herewith as part of this record by reference.)
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8. TA #93-042 - Public Hearing and Consideration of a text amendment to correct a prior ordinance so that special use permits that do not involve construction are valid for a period of 18 months. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/22/94, and is incorporated herewith as part of this record by reference.)
9. SUP #1457-A - Public Hearing and Consideration of a request for a special use permit to expand and make alterations to the existing automobile service station located at 5200 Duke Street, known as the Shell Service Station; zoned CG, Commercial General. Applicant: Shell Oil Company, by Ronald D. Lipford.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/22/94, and is incorporated herewith as part of this record by reference.)
10. SUP #2397-B - Public Hearing and Consideration of a request for a special use permit to expand and make alterations to the existing restaurant located at 4545 Duke Street, within the Foxchase Shopping Center, and known as the Fu Jian Chen Restaurant; zoned CG, Commercial General. Applicant: Susan Rhee's Fu Jian Chen Restaurant, by Susan Rhee.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/22/94, and is incorporated herewith as part of this record by reference.)
11. SUP #1686-F - Public Hearing and Consideration of a review of a special use permit for the existing automobile sales and repair business located at 725 North Henry Street; zoned CSL, Commercial Service Low. Applicant: Euro Imports, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/22/94, and is incorporated herewith as part of this record by reference.)
16. SUP #2757 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 16 Ancell Street; zoned RA, Residential. Applicant: Lucy M. Carr.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/22/94, and is incorporated herewith as part of this record by reference.)
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17. SUP #2759 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 40 South Ingram Street; zoned R-2-5, Residential.
Applicant: Rose Stokes.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/22/94, and is incorporated herewith as part of this record by reference.)
18. SUP #2760 - Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant located at 1039 West Glebe Road; zoned CG, Commercial General. Applicant: Kwok-Keung Chiu.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/22/94, and is incorporated herewith as part of this record by reference.)
19. SUP #2761 - Public Hearing and Consideration of a request for a special use permit for a reduction in required off-street parking for the multifamily buildings at 3908-3916 Elbert Avenue. The applicant proposes to renovate the existing buildings, reduce the total number of units in order to add bedrooms to some units, and to provide 13 paved and striped off-street parking spaces in the graveled area currently used for parking on the site. The property is zoned RA, Residential Multifamily and contains approximately 37,620 square feet of land area. Applicant: Carpenter's Lodging, Inc., by R. Bryan Kelleher, Executive Director.
COMMISSION ACTION: Recommend Approval 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/22/94, and is incorporated herewith as part of this record by reference.)
Board of Architectural Review
21. (a) Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on December 1, 1993, denying a request for approval of partial demolition of a brick wall, and of the installation of wood gates and planters at 202 Duke Street, zoned RM Residential. Applicant: Gregory and Cynthia B. Golubin, by Cyril D. Calley, Attorney.
(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21(a); 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated December 6, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21(a); 1/22/94, and is incorporated herewith as part of this record by reference.)
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Planning Commission (continued)
21. (b) ENCROACHMENT #93-012 - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for gate doors located at 202 Duke Street; zoned RM, Residential. Applicant: Gregory F. and Cynthia B. Golubin.
COMMISSION ACTION: Recommend Denial 7-0(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21(b); 1/22/94, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 6-to-0, City Council approved the Action Consent Calendar with the exception of Item Nos. 12, 13, 14, and 15 which were considered under separate motions and noted the withdrawal of Docket Item No. 21 (a) and (b). The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the text amendment.
9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the amended language of Condition #12.
10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted Condition #10.
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #17.
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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 and added Condition #5.
18. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added Condition #13.
19. City Council approved the recommendation of the Planning Commission and approved SUP #2761, subject to all applicable codes and ordinances, and the staff recommendations.
21. (a) and (b) City Council noted the withdrawals.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
12. SUP #2505-C - Public Hearing and Consideration of a request to amend the special use permit for the Home Depot Shopping Center to relocate the "Home Depot" identification sign, with a modification to permit the sign within the required 50-foot highway setback of South Pickett Street. The property is located at 300 South Pickett Street; zoned CDD #8, Coordinated Development District (Trade Center). Applicant: The Home Depot, Inc., by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of Mr. Rak's letter dated January 21, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 1/22/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the discussion of this item:
Jonathan Rak, 510 King Street, attorney representing the applicant, requested that Condition R-28 be removed;
Oscar Wiygul, 310 S. Pickett Street, representing Wiygul Automotive, spoke to Condition R-28; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, requested that Condition R-28 with respect to the location of the five additional pines be referred to the Holmes Run Committee for selection of the areas where the pines should be placed.
General Discussion. Members of City Council participated in the discussion.)6
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the proposed amendment, Special Use Permit #2505-C, subject to compliance with all applicable codes and ordinances and the staff conditions, with a change to Condition R-28 to read as follows: "R-28. Provide five (5) additional Austrian Pines to be planted at locations determined by the applicant, the Holmes Run Committee, and the City Arborist." The voting was as follows:
Donley "aye" Jackson not yet arrived
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
13. SUP #2589-B - Public Hearing and Consideration of a request to amend the special use permit for the Stonegate Development for "Parcel B, " located north of Beauregard Street and east of North Hampton Drive. The applicant proposes to construct an 88-unit residential townhouse cluster on "Parcel B" located at 4601 West Braddock Road. The property is zoned RC, Residential, with proffers. Applicant: Eakin/Youngentob Associates, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/22/94, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Cyril D. Calley, 307 N. Washington Street, attorney representing the applicant, requested that a condition be added so that staff and he be given some opportunity to try to explore a way that this subdivision plat may be opted out and recorded earlier.
General Discussion. Members of City Council asked questions of Mr. Calley and staff.
Mr. Lynn, Director of Planning and Community Development, stated that an applicant files a preliminary site plan and once it is approved, the applicant does a lot of work on his development and files a final site plan. The final site plan makes a lot of changes after they get into the details of the engineering and the infrastructure. He stated that it seems to him that what Mr. Calley is asking for is the ability to fix the lot for subdivision before they have actually submitted and gotten an approved final site plan from the City. He indicated that he did not think that this was workable.
The City Attorney stated that the developer really is not permitted to sell or offer for sale any lots that are not reflected in a recorded subdivision plat.
Mr. O'Kane, Director of Transportation and Environmental Services, stated that he felt that there would probably be a number of changes in this site plan.
Councilwoman Pepper urged staff to work very closely with the applicant and expedite the process so that they can move along.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission just as it was presented in the consent calendar, and approved SUP #2589-B, subject to all applicable codes, ordinances, the staff recommendations, and three additional recommendations (R-76, 77, 78). The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson not yet arrived
Speck "aye"
14. SUP #2648-A - Public Hearing and Consideration of a review of a special use permit for the existing restaurant located at 2400-B Mount Vernon Avenue, known as Angela's Restaurant; zoned CL, Commercial Low. Applicant: Angela Restaurant, Inc.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/22/94, and is incorporated herewith as part of this record by reference.)
(General Discussion. Vice Mayor Cleveland asked that this be pulled from the consent calendar because there is a slight problem in one of the conditions with respect to carry-out food. He indicated that the applicant generally serves lunch and if the people do not eat it all they are not permitted to carry it out.
Councilman Speck indicated that the special use permit is silent on carry-out.
The applicant answered questions asked by Members of City Council.
Mr. Lynn, Director of Planning and Community Development, indicated that the applicant, in applying, indicated that he did not offer carry-out. He stated that it has been staff's practice in order to make sure that applicants are clear in what they say to record those as representations. So, if a person represents something to the Planning Commission, it is staff's interpretation that he is bound by it. In this particular case having made that representation, he stated that if Council wants to permit carry-out, Council should add a condition to it.
Michael Brown, president of the Del Ray Civic Association, stated that the Association's position is that it did not want carry-out exclusive restaurants, but if a restaurant offers full-service dining and a carry-out service, the Association does not object to it. In fact, he stated that the Association had just sent the menu to the seven other Civic Associations in the Potomac West area and encouraged them to patronize this business.)
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14. WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added a new condition #18 to read as follows: "18. That would allow carry-out with the understanding that the restaurant would not operate exclusively as a carry-out restaurant." The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
15. SUP #2755 - Public Hearing and Consideration of a request for a special use permit to operate an on-site dry cleaning facility located at 5101 Seminary Road; zoned CG, Commercial General. Applicant: Chung K. Lim and Kyu L. Lim.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/22/94, and is incorporated herewith as part of this record by reference.)
(Councilwoman Pepper urged the applicant to repair the fence that joins its property with the property to the north. It is a wooden fence that is about twenty-five years old that really needs to be either replaced or receive major repair.
James Turner, attorney for the applicant, stated that they agree with the repair of the fence and he believes that that was a condition that the staff had recommended and they were in accord with.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Vice Mayor Cleveland and Councilman Donley and carried on a vote of 6-to-0, City Council approved 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:
Pepper "aye" Ticer "aye"
Cleveland "aye" Jackson not yet arrived Donley "aye" Rich "aye"
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
20. TA #92-021 -Public Hearing and Consideration of an amendment to section 2-129 (Definition- -Congregate Housing Facility); amendments to the RA, RCX, RC and RD and I zones; and the adoption of a new provision, section 7-1700 (Supplemental Regulations- -Single-Room Occupancy), all to clarify that single-room occupancy housing is allowed in some zones, subject to certain limitations. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval (Items 1 and 3);
Recommend Denial (Item 2) 6-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 1/22/94, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 20; 1/22/94, and are incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
James Hoben, 413 Duke Street, Co-Coordinator, Alexandria Coalition for Affordable Housing, spoke against the proposed text amendment; a copy of Mr. Hoben's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.
General Discussion. Members of City Council participated in the discussion of this item.)
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council tabled this item indefinitely. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
22. SUP #2431-J - Public Hearing and Consideration of a review of a special use permit for the restaurant with outdoor seating and a parking reduction known as the Del Ray Cafe located at 1603 Commonwealth Avenue; zoned CL, Commercial Low. Applicant: Bruce Betzel/Del Ray Cafe, Inc. (#19 12/11/93)
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
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(General Discussion. Councilwoman Pepper pointed out that the appearance of the outside was not as nice as it has been in the past. She stated that they are storing a lot of their tables or material outdoors by the front door and it is not attractive. She indicated that one of the big issues has been the parking lot and the trash. When she visited the site, the trash door was not only open but there must have been thirty birds there because apparently the trash receptacle itself was open. She had the definite impression that this was an exception on the day she visited; however, she would like staff to point this out to Mr. Betzel.)
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. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson not yet arrived
Ticer "aye" Rich "aye"
Speck "aye"
23. SUP #2695-A - Public Hearing and Consideration of a request to amend a special use permit to allow the existing fence to remain for the existing automobile sales business located at 3600 Jefferson Davis Highway; zoned OC, Office Commercial. Applicant: Bijan's Auto Sales. (#28 12/11/93)
COMMISSION ACTION: Recommend Denial 6-0
(A copy of the Planning Commission report dated December 2, 1993, is on file in the office of the City Council and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of the verbatim transcript for this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 1/22/94, and is incorporated herewith as part of this record by reference.)
At 10:50 a.m., it was noted that Councilman Jackson arrived during the discussion of this item.
(The following persons participated in the public hearing on this item:
Bernard M. Fagelson, 1412 Key Drive, attorney representing the applicant, spoke in support of the special use permit; and
Ruby Tucker, 254 Lynhaven Drive, president, Lynhaven Civic Association, spoke against this item.
General Discussion. The Members of City Council, Mr. Lynn, Director of Planning and Community Development, Mr. Fagelson and Ms. Tucker participated in the discussion of this item.
Staff was requested to take a more proactive role in seeing to it that nothing more gets added there in the meantime and that this is resolved totally so that by the time it comes back to Council there is something already going that is acceptable, and if there isn't, then that is another decision. At the end of every meeting, whoever is a part of these discussions should make sure that everybody understands what everybody else is talking about and that unresolved feelings and questions are addressed. There needs to be better communication.
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Mayor Ticer requested a progress report in about a month.)
AFTER CONSIDERABLE DISCUSSION ON THIS ITEM, upon motion by Councilman Donley, seconded by Councilman Jackson and carried on a vote of 6-to-1. City Council deferred this matter to March 19, until such time as the parties have had a chance to examine and negotiate a professionally-developed landscaping plan and that the Council on the 19th will dispose of the matter once and for all. The voting was as follows:
Donley "aye" Cleveland "no"
Jackson "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
New Business Item No. 1: Councilwoman Pepper stated that this area has been selected as Northern Virginia's first enterprise zone. She requested staff to provide a better outline of exactly which properties are to be included and exactly where the enterprise zone is. She also requested that a copy of whatever staff provides to City Council, that it also go to the Lynhaven Civic Association, Del Ray Citizens Association, Mt. Jefferson Civic Association and those areas that are directly surrounded there.
NOTE: Item No. 24 was considered at the end of the docket.
25. SUP #2746 - Public Hearing and Consideration of a request for a special use permit to operate a full-service restaurant located at 121 North Pitt Street, known as the Melting Pot Restaurant; zoned CD, Commercial Downtown. Applicant: Mose, Inc., by Herbert S. Rosenblum, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 1/22/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Herbert S. Rosenblum, 526 King Street, Suite 211, attorney representing the applicant, spoke in support;
Jack Janetatos, 206 Wolfe Street, spoke against; and
Larry Robinson, 624 S. St. Asaph Street, president, Old Town Civic Association, spoke in support.
General Discussion. Members of City Council and Mr. Lynn, Director of Planning and Community Development, participated in the discussion.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley 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 amended Conditions #4, #15 and #17. The voting was as follows:
Speck "aye" Cleveland "no"
Donley "aye" Jackson "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
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26. TA #93-039 - Public Hearing and Consideration of an amendment to the zoning ordinance to authorize administrative approval of minor changes to approved special use permits. Staff: Department of Planning and Community Development.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 1/22/94, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Mary Wood, 309 N. Fayette Street, president, Inner City Civic Association, spoke against;
Jack Janetatos, 206 Wolfe Street, spoke against, and
Larry Robinson, 624 S. St. Asaph Street, president, Old Town Civic Association, spoke against.)
WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Council Member Rich to deny the text amendment that has been recommended by the Planning Commission.
(General Discussion. Members of City Council, Mr. Lynn, Director of Planning and Community Development, and the City Attorney participated in the discussion of this item.)
WHEREUPON, a substitute motion was made by Councilman Speck, seconded by Councilman Donley that City Council approve the recommendation of the Planning Commission, as amended, and approve the text amendment, adding language to require that notice be given to the Planning Commission prior to any administrative determination, with a termination of twelve months from passage unless specifically reapproved by Council.
THEREUPON, upon motion by Councilman Speck, seconded by Councilman Donley and carried on a vote of 4-to-3, City Council approved to substitute Councilman Speck's motion for the original motion. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "no" Pepper "no"
Rich "no"
WHEREUPON, City Council returned to the substitute motion made by Councilman Speck, seconded by Councilman Donley and carried on a vote of 4-to-3, City Council approved the recommendation of the Planning Commission, as amended, and approved the text amendment, adding language to require that notice be given to the Planning Commission prior to any administrative determination, with a termination of twelve months from passage unless specifically reapproved by Council. The voting was as follows:
Speck "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "no" Pepper "no"
Rich "no"
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27. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria government for fiscal year 1994. (#23 1/11/94) (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 1/22/94, and is incorporated herewith as part of this record by reference.
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. 2 of Item No. 27; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 27; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Jackson, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Jackson "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3694
AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1994, which began on the first day of July 1993 and ends on the thirtieth day of June 1994.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances on or before June 30, 1993, but which are payable in fiscal year 1994, and does hereby make provision for the reappropriation of portions of the fiscal year 1993 budget, and further that the council does hereby allot the amounts so appropriated and reappropriated to the several municipal departments for fiscal year 1994, as follows:
18th Circuit Court $ 110
18th General District Court 70,355
Commonwealth's Attorney 57,600
Sheriff 72,460
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Clerk of Courts 124,503
Other Correctional and Judicial 17,000
Financial and Information Services 316,652
City Attorney 35,006
City Clerk 2,466
City Council 2,975
City Manager 15,492
Human Relations 6,972
Citizens Assistance 40,000
Personnel 39,037
Planning and Community Development 92,912
General Services 329,469
Transportation and Environmental Services 1,088,656
Fire 354,953
Police 210,462
Office of Housing 110,589
Mental Health/Mental Retardation/
Substance Abuse 110
Health 41,861
Human Services 230,103
Office of Historic Alexandria 60,041
Recreation and Cultural Activities 158,195
Schools 53,179
Non-Departmental 372,876
Total General Fund 3,904,034
ENTERPRISE FUND
Dash $75,302
Recycling Program 14,026
Total Enterprise Fund $89,328
EOUIPMENT REPLACEMENT RESERVE FUND
Sheriff $ 3,907
General Services 42,785
Transportation and Environmental
Services 622,838
Fire 483,311
Recreation 544,761
Total Equipment Replacement Reserve
Fund $1,697,602
Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 1993, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1994, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $ 23,276
Sheriff 61,000
Transportation and Environmental Services 197,167
Fire 472,834
Housing 6,142,755
Mental Health/Mental Retardation/Substance Abuse 99,266
Health 47,103
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Human services 818,985
Historic Alexandria 21,333
Recreation $6,187
Total Estimated Revenue $7,889,906
APPROPRIATION:
Human Relations $ 23,276
Sheriff 61,000
Transportation and Environmental
Services 197,167
Fire 472,834
Housing 6,142,755
Mental Health/Mental Retardation/
Substance Abuse 99,266
Health 47,103
Human Services 818,985
Historic Alexandria 21,333
Recreation 6,187
Total Estimated Revenue $7,889,906
Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1993, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1994, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $ 45,776
Commonwealth's Attorney 20,509
Sheriff 24,446
General Services 40,000
Transportation and Environmental
Services 27,330
Fire 2,822
Police 43,874
Mental Health/Mental Retardation/
Substance Abuse 43,476
Human Services 220,123
Historic Alexandria 106,754
Recreation -3,052
Total Estimated Revenue $572,058
APPROPRIATION:
Human Relations $ 45,776
Commonwealth's Attorney 20,509
Sheriff 24,446
General Services 40,000
Transportation and Environmental
Services 27,330
Fire 2,822
Police 43,874
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Mental Health/Mental Retardation/
Substance Abuse 43,476
Human Services 220,123
Historic Alexandria 106,754
Recreation -3,052
Total Estimated Revenue $572,058
Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1994, the source of such amount being the residual balances accumulated as of June 30, 1993, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1994, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Citizens Assistance $ 14,628
Human Relations 66,329
Commonwealth's Attorney 13,535
Law Library 2,512
Clerk of Courts 91,439
Financial and Information Services 1,284
Personnel 84,765
Transportation and Environmental Services 45,128
Fire 5,901
Police 312,621
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 11,850
Health 787
Human Services 72,862
Historic Alexandria 67,649
Recreation 87,794
Library 430
Non-Departmental $ 43,559
Total Estimated Revenue $923,523
APPROPRIATION:
Citizens Assistance $14,628
Human Relations 66,329
Commonwealth's Attorney 13,535
Law Library 2,512
Clerk of Courts 91,439
Financial and Information Services 1,284
Personnel 84,765
Transportation and Environmental Services 45,128
Fire 5,901
Police 312,621
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 11,850
Health 787
Human Services 72,862
Historic Alexandria 67,649
Recreation 87,794
Library 430
Non-Departmental 43,559
Total Estimated Revenue $923,523
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Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being donations whose revenues have been accepted and adjusted but not appropriated in fiscal year 1994, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1994, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Financial and Information Services $ 17,488
Total Estimated Revenue $ 17,488
APPROPRIATION:
Financial and Information Services $ 17,488
Total Appropriation $ 17,488
Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the General Fund the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1994, the source of such amount being undesignated General Fund Balance, and further that the Council does hereby allot the amount so appropriated, as follows:
GENERAL FUND
APPROPRIATION:
City Attorney $ 250,000
Total Appropriation: $ 250,000
Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter stated the amount hereafter, stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being Reserved (Four Mile Run Channel Maintenance) and Designated General Fund Balance, and further that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the fiscal year 1994 capital improvement budget: city project nos. 004-003, 010-002, 010-002.
GENERAL FUND
APPROPRIATION:
Transfer to Capital Projects Fund $8,384,771
Total Appropriation $8,384,771
CAPITAL PROJECTS FUND
ESTIMATED REVENUE:
Transfers In (from General Fund) $8,384,771
Total Estimated Revenue $8,384,771
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Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being Internal Service Fund Retained Earnings balance, and further that the council does hereby allot the amount so appropriated for fiscal year 1994, as follows:
GENERAL FUND
ESTIMATED REVENUE:
Financial and Information Services
Transfers In (from Internal Service
Fund) $ 237,500
Total Estimated Revenue $ 237,500
APPROPRIATION:
Financial and Information Services $ 237,500
Total Appropriation $ 237,500
INTERNAL SERVICE FUND
ESTIMATED REVENUE:
Internal Service Fund Retained Earnings $ 237,500
Total Estimated Revenue $ 237,500
APPROPRIATION:
Financial and Information Services
Transfers Out (to General Fund) $ 237,500
Total Appropriation $ 237,500
Section 9. That the Council of the City of Alexandria, Virginia, does hereby transfer from one department to others the amounts hereafter stated which have already been appropriated to and allotted among certain city departments within the Special Revenue Fund for fiscal year 1994, as follows:
SPECIAL REVENUE FUND
Human Services $ -335,076
Schools 335,076
Section 10. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the Special Revenue Fund the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1994, the source of such amount being Transfers In, and further that the council does hereby allot the amount so appropriated for fiscal year 1994, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Schools Transfers In (from General Fund) $53,179
Total Estimated Revenue $53,179
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APPROPRIATION:
Schools $53,179
Total Appropriation $53,179
Section 11. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/11/94
First Reading: 1/11/94
Publication: 1/12/94; 1/13/94
Public Hearing: 1/22/94
Second Reading: 1/22/94
Final Passage: 1/22/94
28. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate a 1,500 square foot portion of a public alley right-of-way in the rear of the property located at 103 West Monroe Avenue. (#24 1/11/94) (ROLL-CALL VOTE)
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3695
AN ORDINANCE to vacate a portion of the public alley which lies immediately to the rear of the property at 103 West Monroe Avenue in the City of Alexandria, Virginia.
WHEREAS, Mark Horowitz ("Applicant"), who owns the property at 103 West Monroe Avenue in the City of Alexandria, Virginia, has applied for the vacation of a portion of the public alley immediately behind his property; and
WHEREAS, the portion of the public alley to be vacated by this ordinance extends 100 feet in length and 15 feet in width and abuts the properties located at 100 West Mason Avenue and 102 West Mason Avenue; and
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WHEREAS, the portion of the public alley to be vacated by this ordinance is shown on the plat prepared by R. C. Fields, Jr. and Associates and dated April 24, 1991 ("Plat") (attached hereto); and
WHEREAS, this vacation has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and
WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and
WHEREAS, the city's real estate assessor has determined that the fair market value of the portion of the public alley to be vacated by this ordinance is $2,200.00; and
WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the portion of the public alley to be vacated by this ordinance be purchased by the Applicant for $2,200.00; and
WHEREAS, a 10-foot easement must be reserved for the existing 10-foot sanitary sewer located in the rear portion of the public alley to be vacated by this ordinance; 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 comply with the conditions set forth below and the condition that he purchase the portion of the public alley to be vacated by this ordinance for $2,200.00, the Council of the City of Alexandria has concluded that the portion of the public alley shown on the Plat is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the hereinafter described 1,500 square foot portion of the public alley at the rear of the property at 103 West Monroe Avenue, and abutting the properties at 100 and 102 West Mason Avenue, as shown on the Plat, be and the same hereby is vacated:
Beginning at an iron pipe found at the north side of a 15 foot alley, and also being the southeast corner of lot 24, block 16, Northwest Alexandria Improvement Company; thence with the west side of Hancock Avenue (50 foot right-of-way) South 01o 30' 00" E, 15.00 feet to the northwest corner of lot 1; thence departing Hancock Avenue and running with lot 1 and lot 2 and the southerly side of said 15 foot alley South 88o 30' 00" W, 100.00 feet to the northwest corner of lot 2; thence departing lot 2 and crossing said alley North 01o 30' 00" W, 15.00 feet to a corner common to lot 22 and 23 at northerly side of said alley; thence with said alley and lots 23 and 24 North 88o 30' 00" E, 100.00 feet to the point of beginning and containing an area of 1,500 square feet of land.
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Section 2. That this vacation is subject to the Applicant complying with the conditions that he purchase the portion of the public alley described in section 1 for $2,200.00 and that he consolidate said portion of the alley with his lots at 103 West Monroe Avenue and, prior to recordation of this vacation, provide a plat of consolidation to the department of planning and community development, zoning division.
Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment of $2,200.00 referenced in Section 2 above, and such receipt is noted on the face of the ordinance prior to its recordation.
Section 4. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.
Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of $2,200.00 has been made to the city by the Applicant and the additional condition set forth above in Section 2 has been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the additional condition set forth in Section 2 has been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of MARK HOROWITZ, and such recordation shall be done by the Applicant at his own expense.
Attachment: Vacation Plat
Introduction: 1/11/94
First Reading: 1/11/94
Publication: 1/12/94; 1/13/94
Public Hearing: 1/22/94
Second Reading: 1/22/94
Final Passage: 1/22/94
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29. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to repeal Sections 5-7-79 (Pet Shop Appeal Board) and 5-7-80 (Appeal From Permit Denial, Revocation, Etc., Of Permit) of, and to add a new Section 5-7-80 (Appeal) to, Article D (Pet Shops), and to repeal Section 5-7-98 (Appeal From Denial, Suspension, Etc., Of Permit) of, and to add a new Section 5-7-98 (Appeal) to, Article E (Security Dogs), all of Chapter 7 (Animals And Fowl) of Title 5 (Transportation And Environmental Services); to repeal Sections 8-4-10 (Hearing Procedure) and 8-4-11 (Final Determination) of, and to add a new Section 8-4-10 (Appeal) to, Chapter 4 (Home Improvement) of Title 8 (Building Code Regulations); and to repeal Section 12-7-13 (Powers And Duties) of, and to add a new Section 12-7-13 (Powers And Duties) to, Article B (Consumer Affairs Commission) of Chapter 7 (Consumer Affairs) of Title 12 (Education, Social Services And Welfare); all of The Code of the City of Alexandria, Virginia, 1981, as amended. (#25 1/11/94) (ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated December 28, 1993, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 1/22/94, and is incorporated herewith as part of this record by reference.
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. 2 of Item No. 29; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Donley "aye"
Ticer "aye" Jackson. "aye"
Speck out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3696
AN ORDINANCE to repeal Sections 5-7-79 (PET SHOP APPEAL BOARD) and 5-7-80 (APPEAL FROM PERMIT DENIAL, REVOCATION, ETC., OF PERMIT) of, and to add a new Section 5-7-80 (APPEAL) to, Article D (PET SHOPS), and to repeal Section 5-7-98 (APPEAL FROM DENIAL, SUSPENSION, ETC., OF PERMIT) of, and to add a new Section 5-7-98 (APPEAL) to, Article E (SECURITY DOGS), all of Chapter 7 (ANIMALS AND FOWL) of Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES); to repeal Sections 8-4-10 (HEARING PROCEDURE) and 8-4-11 (FINAL DETERMINATION) of, and to add a new Section 8-4-10 (APPEAL) to, Chapter 4 (HOME IMPROVEMENT) of Title 8 (BUILDING CODE REGULATIONS); and to repeal Section 12-7-13 (POWERS AND DUTIES) of, and to add a new Section 12-7-13 (POWERS AND DUTIES) to, Article B (CONSUMER AFFAIRS COMMISSION) of Chapter 7 (CONSUMER AFFAIRS) of Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE); all of The Code of the City of Alexandria, Virginia, 1981, as amended.
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sections 5-7-79, 5-7-80 and 5-7-98 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are repealed.
Section 2. That Article D, Chapter 7 of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 5-7-80 to read as follows:
Sec. 5-7-80 Appeal
(a) In the event that any person is aggrieved by a denial, revocation of, suspension of or a refusal to reinstate, a permit under this article, such person may appeal the action of the executive director by filing a written notice of appeal with the Consumer Affairs Commission ("Commission"). The notice shall include the following information:
(1) the name and address of the appealing party;
(2) whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a permit under this article; and
(3) a brief statement summarizing the legal and factual basis for challenging the action of the executive director.
(b) The appealing party shall file the notice of appeal within 15 days from the date of the notice of the executive director's action. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Office of Citizen Assistance.
(c) Upon the filing of a notice of appeal, the Commission shall hold a hearing within 30 days after the filing of the notice of appeal unless otherwise agreed to by the party requesting the hearing. Notice of the date, time and place of the hearing and of the procedures to be followed shall be given to the appealing party at least 15 days in advance of the hearing. Failure on the part of the appealing party to appear at the hearing, except for good cause, shall be deemed a waiver of the right to a hearing.
(d) The hearing shall be informal. The appealing party shall have the opportunity to question any person giving information and to present relevant information or testimony. It is permissible, but not required, for the appealing party to have an attorney present at the hearing. The Commission shall keep a written or taped record of the hearing for a period of three years.
(e) At the conclusion of the hearing, or within 7 days thereafter, the Commission shall either affirm, rescind or modify the executive director's action.
(f) Filing of a notice of appeal shall stay suspension of a license, but shall not stay denial or revocation unless, upon application, the Commission shall grant such a stay.
Section 3. That Article E, Chapter 7 of Title 5 of the Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 5-7-98 to read as follows:
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Section 5-7-98 Appeal
(a) In the event that any person is aggrieved by a denial, revocation or suspension of, or a refusal to reinstate, a permit under this article, such person may appeal the action of the director to the Consumer Affairs Commission ("Commission") by filing a written notice of appeal with the Commission. The notice shall include the following information:
(1) the name and address of the appealing party;
(2) whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a permit under this article; and
(3) a brief statement summarizing the legal and factual basis for challenging the action of the director.
(b) The appealing party shall file the notice of appeal within 15 days from the date of the notice of the director's action. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Office of Citizen Assistance.
(c) Upon the filing of a notice of appeal, the Commission shall hold a hearing within 30 days after the filing of the notice of appeal unless otherwise agreed to by the party requesting the hearing. Notice of the date, time and place of the hearing and of the procedures to be followed at the hearing shall be given to the appealing party at least 15 days in advance of the hearing. Failure on the part of the appealing party to appear at the hearing, except for good cause, shall be deemed a waiver of the right to a hearing.
(d) The hearing shall be informal. The appealing party shall have the opportunity to question any person giving information and to present relevant information or testimony. It is permissible, but not required, for the appealing party to have an attorney present at the hearing. The Commission shall keep a written or taped record of the hearing for a period of three years.
(e) At the conclusion of the hearing, or within 7 days thereafter, the Commission shall either affirm, rescind or modify the director's action.
(f) Filing of an appeal shall stay suspension of a license, but shall not stay denial or revocation unless, upon application, the Commission shall grant such a stay.
Section 4. That Sections 8-4-10 and 8-4-11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby are repealed.
Section 5. That Chapter 4 of Title 8 of the Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new Section 8-4-10 to read as follows:
Sec. 8-4-10 Appeal
(a) Any applicant or home improvement contractor that has been notified that its license is being denied, revoked or suspended may appeal the department's action to the Consumer Affairs Commission ("Commission") by filing a written notice of appeal with the Commission. The notice shall include the following information:
(1) the name and address of the appealing party;
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(2) whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a license under this chapter; and
(3) a brief statement summarizing the legal and factual basis for challenging the action of the department.
(b) The appealing party shall file the notice of appeal within 15 days from the date of the notice issued by the department pursuant to Section 8-4-9 of this chapter. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Office of Citizen Assistance.
(c) Upon the filing of a notice of appeal, the Commission shall hold a hearing within 30 days after the filing of the notice of appeal unless otherwise agreed to by the appealing party. Notice of the date, time and place of the hearing and of the procedures to be followed shall be given in writing to the appealing party at least 15 days in advance of the hearing. Failure on the part of the appealing party to appear at the hearing, except for good cause, shall be deemed a waiver of the right to a hearing.
(d) The hearing shall be informal. The appealing party shall have the opportunity to question any person giving information and to present relevant information or testimony. It is permissible, but not required, for an appealing party to have an attorney present at the hearing. The Commission shall keep a written or taped record of the hearing for a period of three years.
(e) At the conclusion of the hearing, or within 7 days thereafter, the Commission shall either affirm, rescind or modify the department's action.
(f) Filing of a notice of appeal shall stay suspension of a license, but shall not stay denial or revocation unless, upon application, the Commission shall grant such a stay.
Section 6. That Section 12-7-13 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.
Section 7. That Article B, Chapter 7 of Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding a new section 12-7-13 to read as follows:
Sec. 12-7-13 Powers and duties.
(a) The commission is hereby authorized to:
(1) provide guidance to the city's office of consumer affairs in the establishment and implementation of consumer affairs policies;
(2) hold hearings and render advisory opinions in mediation proceedings in accordance with the procedures established in section 12-7-15 of this article;
(3) following a hearing on a complaint and after consultation with the consumer affairs coordinator and the city attorney, refer the matter to appropriate law enforcement officers;
(4) conduct investigations, research, studies and analyses of consumer problems and hold public hearings on such problems;
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(5) review and analyze consumer protection policies and regulations and make recommendations to appropriate agencies for improved consumer relations;
(6) recommend specific legislative proposals to the city council and administrative practices to the city manager designed to facilitate the resolution of consumer problems which have come to the attention of the commission;
(7) conduct consumer education programs in the city; and develop, publish and distribute consumer information through pamphlets and other means for the general public and business community;
(8) serve as a conduit for communications when grievances exist between the business community and consumers;
(9) cooperate with other agencies, public and private, in the development of legislative proposals in the field of consumer affairs and minimum standards for consumer goods and services;
(10) serve as an arbitrating body if called upon by all parties to a consumer dispute in accordance with state law;
(11) upon specific authorization of city council, make statements before state or federal legislative bodies and regulatory agencies; and
(12) conduct hearings, hear testimony, receive evidence and render decisions on appeals filed in accordance with sections 5-7-80, 5-7-98 and 8-4-10 of this code.
(b) In carrying out its duties, the commission may authorize expenditures subject to the availability of funds.
Section 8. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/11/94
First Reading: 1/11/94
Publication: 1/12/94; 1/13/94
Public Hearing: 1/22/94
Second Reading: 1/22/94
Final Passage: 1/22/94
30. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend and reordain Section 4-606 (Bulk Regulations) under section 4-600(CD-X/Commercial Downtown zone (Old Town North)), Section 4-1202 (Permitted Uses) and Section 4-1203 (Special Uses) under Section 4-1200 (I/Industrial Zone), all of Article IV (Commercial, Office and Industrial Zones); Section 7-202 (Permitted Obstructions) under Section 7-200 (Permitted Structures in Required Yards), of Article VII (Supplemental Zone Regulations); Section 9-105 (Standards for Permitted Signs, Marquees and Awnings) under Section 9-100 (General Provisions), and Section 9-202 (Commercial Zones) under Section 9-200 (Signs, Marquees and Awnings Permitted in Various Zones), both of Article IX (Sign Regulations); and Section 12-302 (Noncomplying Use Restrictions) under section 12-300 (Noncomplying Uses) of Article XII (Nonconformities); all of the City of Alexandria Zoning Ordinance. (#26 1/11/94) (ROLL-CALL VOTE)
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(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. 30; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck out of room
The ordinance finally passed reads as follows:
ORDINANCE NO. 3697
AN ORDINANCE to amend and reordain Section 4-606 (BULK REGULATIONS) under Section 4-600 (CD-X/COMMERCIAL DOWNTOWN ZONE)(OLD TOWN NORTH), and Sections 4-1202 (PERMITTED USES) and 4-1203 (SPECIAL USES) under Section 4-1200 (I/INDUSTRIAL ZONE), of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES); Section 7-202 (PERMITTED OBSTRUCTIONS) under Section 7-200 (PERMITTED STRUCTURES IN REQUIRED YARDS) of Article VII (SUPPLEMENTAL ZONE REGULATIONS); Section 9-105 (STANDARDS FOR PERMITTED SIGNS, MARQUEES AND AWNINGS) under Section 9-100 (GENERAL PROVISIONS) and Section 9-202 (COMMERCIAL ZONES) under section 9-200 (SIGNS, MARQUEES AND AWNINGS PERMITTED IN VARIOUS ZONES), of Article IX (SIGNS, MARQUEES AND AWNINGS); and Section 12-302 (NONCOMPLYING USES) under Section 12-300 (NONCOMPLYING USES) of Article XII (NONCOMPLIANCE AND NONCONFORMITY); all of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That paragraph (1) of subsection (B) of Section 4-606 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(1) Nonresidential. The maximum permitted floor area ratio for nonresidential uses is 1.5, except that (1) the floor area ratio may be increased to an amount not to exceed 2.5 with a special use permit and (2) in the case of a lot or parcel developed under common ownership or control, which is 12,000 square feet or less in area and located in a retail focus area, the floor area ratio may be increased to 2.5 without a special use permit if underground parking is provided consistent with Section 6-504.
Section 2. That Section 4-1202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (V.1) to read as follows:
(V.1) Retail;
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Section 3. That subsection (C) of Section 4-1203 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended, and that the said Section 4-1203 be, and the same hereby is, further amended by adding thereto a new subsection (R.1), all to read as follows:
(C) Business offices other than those listed in section 4-1202(F);
(R.1) Restaurant;
Section 4. That subsection (A) of Section 7-202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto new paragraphs (7) and (8), to read as follows, and that subsection (B) of the said Section 7-202 be, and the same hereby is, amended by repealing paragraph (7) thereof:
(7) Open stairs, provided that the stairs do not reduce a side or rear yard to less than five feet.
(8) Ramps and similar structures necessary to provide access for the handicapped.
Section 5. That subsection (E) of Section 9-105 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
(E) Removal. Whenever the use of a building or structure or real property is discontinued, all signs pertaining to that use which were previously erected or displayed shall be removed within 30 days of the discontinuance of the use. Irrespective of any continued use or any discontinuance in use of a building or structure, a supporting standard or structure for a sign shall be removed if the standard or structure is not occupied by a sign permitted by this ordinance for a continuous period of one year. It shall be the responsibility of the owner of the building, structure, or real property to accomplish the removal. If, after written notice to the owner from the director, such signs or supporting standards or structures are not removed within ten days of the notice, the city manager shall cause the removal and charge the cost to the owner.
Section 6. That Section 9-202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (E) to read as follows:
(E) Temporary signs. One "opening," "going out of business," or similar sign advertising the opening of a new place of business or the change in management or ownership, or the closing, of an established place of business may be displayed, provided:
(1) the sign is displayed against a wall of the building in which the business is located;
(2) the sign does not exceed one half square foot of area for each linear foot of the building wall to which the sign is attached, such area not to exceed 100 square feet in any case and at least 20 square feet to be allowed in all cases; and
(3) the sign is not displayed for a period longer than 30 days.
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Section 7. That subsection (F) of Section 12-302 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new paragraph (3) to read as follows:
(3) The holder of a special use permit may apply for an extension of that permit even though the use allowed by the permit is no longer permitted in the zone in which the use is located and the permit was originally granted with a specially set expiration date. An application under this paragraph must be filed prior to the expiration of the permit for which an extension is sought.
Section 8. That Sections 4-606, 4-1202, 4-1203, 7-202, 9-105, 9-202 and 12-303 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 9. That this ordinance shall become effective upon the date and at the time of its final passage and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency, or board, or before city council, or on judicial review, shall apply to such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.
Introduction: 1/11/94
First Reading: 1/11/94
Publication: 1/12/94; 1/13/94
Public Hearing: 1/22/94
Second Reading: 1/22/94
Final Passage: 1/22/94
31. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to rezone 430 through 450 South Pickett Street from CG/Commercial General to CSL/Commercial Service Low Zone; and to rezone 638 North Alfred Street and 906 Wythe Street from RB/Townhouse to CL/Commercial Low Zone, with proffers. (#27 1/11/94) (ROLL-CALL VOTE)
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 1/22/94, and is incorporated herewith as part of this record by reference.)
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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 upon 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 reads as follows:
ORDINANCE NO. 3698
AN ORDINANCE to amend and reordain Sheet No. 54.04 and Sheet No. 58. 00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the properties at 638 North Alfred Street and 906 Wythe Street (Zoning Map and Tax Map Parcel Nos. 54.04-12-02 and 54.04-12-03) from RB/Townhouse Zone to CL/Commercial Low Zone with proffer, and by rezoning the properties at 430 and 450 South Pickett Street (Zoning Map and Tax Map Parcel Nos. 58.00-03-02 and 58.00-03-01) from CG/Commercial General Zone to CSL/Commercial Service Low Zone.
WHEREAS, the Office of Historic Alexandria, by Jean M. Federico, director, has filed an application to change the zoning classification established by the official zoning map for the properties known as 638 North Alfred Street and 906 Wythe Street (Zoning and Tax Map Parcel Nos. 54.04-12-02 and 54.04-12-03) from RB/Townhouse Zone to CL/Commercial Low Zone with proffer; and
WHEREAS, ITT Commercial Finance Corporation and Juno Capital Corporation, by Harry P. Hart, attorney, have filed an application to change the zoning classification established by the official zoning map for the properties known as 430 and 450 South Pickett Street (Zoning Map and Tax Map Parcel Nos. 58.00-03-02 and 58.00-03-01) from CG/Commercial General Zone to CSL/Commercial Service Low Zone; and
WHEREAS, the said rezonings are consistent with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and
WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 54.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the properties hereafter described:
906 Wythe Street (Zoning Map and Tax Map Parcel No. 54.04-12-02), having approximately 40 feet of frontage on Wythe Street, and 638 North Alfred Street (Zoning Map and Tax Map Parcel No. 54.04-12-03) having approximately 45 feet of frontage on North Alfred Street, as shown on the sketch plan entitled "RZ #93-011," dated November 4, 1993, attached hereto and incorporated herein by reference.
FROM: RM/Townhouse Zone
TO: CL/Commercial Low Zone, subject, however, to the following proffer:
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The properties to be used for public museum and library uses only.
Section 2. That Sheet No. 58. 00 of the "Official Zoning Map, Alexandria, Virginia, "adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the properties hereafter described:
430 South Pickett Street (Zoning Map and Tax Map Parcel No. 58.00-03-02), having approximately 306 feet of frontage on South Pickett Street and containing approximately 4.3 acres of land, as described and shown in the legal description of 430 South Pickett Street and plat showing the original subdivision and addition to section 2, Wapleton, recorded among the land records of the city in Deed Book 488 at page 447, attached hereto and incorporated herein by reference; and 450 South Pickett Street (Zoning Map and Tax Map Parcel No. 58.01-03-01), having approximately 253 feet of frontage on South Pickett Street and containing approximately 3.5 acres of land, as described and shown in the legal description of 450 South Pickett Street, and plat entitled "Plat showing building location on parcel 3452-03-01 division on parcel on 3451.03, section 2, Wapleton, City of Alexandria, Virginia" dated September 1, 1981, made by Alexandria Surveys Inc., attached hereto and incorporated herein be reference.
FROM: CG/Commercial General Zone
TO: CSL/Commercial Service Low Zone
Section 3. That the director of planning and community development be, and he hereby is, directed to record the foregoing amendments on the said map.
Section 4. That Sheet No. 54.04 and Sheet No. 58.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 1/11/94
First Reading: 1/11/94
Publication: 1/12/94; 1/13/94
Public Hearing: 1/22/94
Second Reading: 1/22/94
Final Passage: 1/22/94
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LEGAL DESCRIPTION
430 SOUTH PICKETT STREET
Tax Map 58-00-03-02
All that certain parcel of land known as PARCEL 3452-03-02 of a Resubdivision of Parcel 3452-03 of the Subdivision known as RESUBDIVISION AND ADDITION TO SECTION TWO, WAPLETON, as the same appears on a plat attached to a Deed of Resubdivision and Dedication made by Marshall J. Waple and Marie Waple, his wife, dated June 10, 1959, and recorded among the land records of said City on July 2, 1959, in Deed Book 494 at Page 591; the original RESUBDIVISION AND ADDITION TO SECTION TWO, WAPLETON, being duly platted, dedicated and recorded among the land records of said City in Deed Book 488 at Page 447 and as more particularly described as follows:
BEGINNING at a point in the southerly right-of-way line of South Pickett Street; point of beginning being a corner common to Parcel 3452-03-01, Division of Parcel 3452-03, Section 2, Wapleton: thence running with the southerly right-of-way line of South Pickett Street along a 1,315.00 foot radius curve to the right having an arc distance of 306.16 feet and a chord of N 55o 38' 17" E 305.47 feet to a corner common to Parcel 3452-02 of the Resubdivision and Addition to Section 2, Wapleton; thence departing South Pickett Street and running with a line common to Parcel 3452-02 S 19o 40' 30" E 669.75 feet to a point in the line of the property of the U.S. Government (known as Cameron Station); thence running with a line common to Cameron Station S 70o 19' 30" W 292.50 feet to a corner common to the aforementioned Parcel 3452-03-01; thence running with the line common Parcel 3452-03-01 N 19o 57' 50" W 592.31 feet to the point and place of beginning containing 4.3020 acres.
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LEGAL DESCRIPTION
450 South Pickett Street
Tax Map 58.00-03-01
All that certain parcel of land known as PARCEL 3452-03-01 of a Resubdivision of Parcel 3452-03 of the Subdivision known as RESUBDIVISION AND ADDITION TO SECTION TWO, WAPLETON, City of Alexandria, Virginia, as the same appears on a plat attached to a Deed of Resubdivision and Dedication made by Marshall J. Waple and Marie Waple, his wife, dated June 10, 1959, recorded in the Clerk's Office of the Circuit Court of said City in Deed Book 494, Page 591, as also show on a plat entitled "Plat Showing Building Location on Parcel 3452-03-01 Division on Parcel 3452.03, Section 2, Wapleton, City of Alexandria, Virginia" dated September 1, 1981, made by Alexandria Surveys, Inc., and as more particularly described with reference to said plat as follows:
BEGINNING at the point of intersection of the southerly line of South Pickett Street with the easterly line of Edsall Road, thence along the southerly line of South Pickett Street N 46o 38' 30" E. 252.76 feet to a point; thence S 19o 57' 50" E. 592-31 feet to a point; thence S 70o 19' 30" W. 292.50 feet to a point in the easterly line of Edsall Road; thence along the easterly line of Edsall Road N 18o 36' 50" W. 470.41 feet to the point of BEGINNING, and containing 3.4957 acres, more or less.
pickett.des
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32. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to increase the heights permitted without a CDD special use permit within the Winkler CDD by amending section 5-602(A) for CDD #4, the Winkler Tract. (#28 1/11/94) (ROLL-CALL VOTE)
(A copy of the substitute 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. 32; 1/22/94, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining substitute ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The subsitute ordinance finally passed reads as follows:ORDINANCE NO. 3699
AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS) of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That paragraph (4) of Section 5-602(A) of the City of Alexandria Zoning Ordinance, and the same hereby is, amended to read as follows:
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CHART
40
Section 2. That Section 5-602 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 3. That this ordinance shall become effective upon the date 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: 1/11/94
First Reading: 1/11/94
Publication: 1/12/94; 1/13/94
Public Hearing: 1/22/94
Second Reading: 1/22/94
Final Passage: 1/22/94
AT THIS POINT, City Council returned to Docket Item No. 24.
24. SUP #2745 - Public Hearing and Consideration of a request for a special use permit for the installation of storage trailers on the property located at 4105 Duke Street; zoned CC, Community Commercial. Applicant: Northern Virginia Law School, by Alfred Avins.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated January 4, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 1/22/94, and is incorporated herewith as part of this record by reference.)
It was noted that Ben Brenman, 4600 Duke Street, #1609, was opposed to this special use permit.
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council upheld the recommendation of the Planning Commission and denied this request. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR 33 - 38
33. SUP #1569-E - Public Hearing and Consideration of a request for a special use permit to add an outdoor play area and amend a condition concerning the play area for the existing day nursery located at 6 West Masonic View Avenue; zoned R-5, Residential. Applicant: Baptist Temple Church, by Dr. Michael L. Allen.
COMMISSION ACTION: Deferred by Staff.
Applicant failed to send legal notices.
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34. SUP #2253-F - Public Hearing and Consideration of a request for amendments to a special use permit (Carlyle Development) to 1) allow a reallocation of land uses between several blocks, 2) to modify the term of members of the Design Review Board, and 3) to clarify the extent of discretion given to City staff to approve small changes to the allocation of land uses on specific blocks without changing the overall totals for each use within the project. The subject property is located between Duke Street, Eisenhower Avenue, Hooff's Run and the Metrorail tracks; zoned CDD #1, Coordinated Development District (Duke Street). Applicant: Carlyle Development Corporation and Carlyle Towers, by J. Howard Middleton, attorney. COMMISSION ACTION: Withdrawn by Staff.
35. SUP #2582-B - Public Hearing and Consideration of a request for a special use permit to install a rotating display of merchandise in an industrial zone for the Alexandria Toyota business located at 2514 Jefferson Davis Highway; zoned I, Industrial. Applicant: Alexandria Toyota, by Jack E. Taylor. COMMISSION ACTION: Withdrawn by staff.
36. SUP #2697-A - Public Hearing and Consideration of a request for a special use permit to amend a condition concerning paving and lighting and to provide additional parking spaces for the automobile storage facility located at 3650 Wheeler Avenue; zoned I, Industrial. Applicant: Lexus of Alexandria, by Jack E. Taylor.
COMMISSIONACTION: Deferred by Staff.
Applicant failed to send legal notices.
37. SUP #2758 - Public Hearing and Consideration of a request for a special use permit to operate a child care home located at 205 Oxford Avenue; zoned R-2-5, Residential. Applicant: Karen Johnson.
COMMISSION ACTION: Withdrawn by Applicant.
38. TA #93-040 - Public Hearing and Consideration of an amendment to the subdivision regulations to authorize administrative approval for those plats now considered by the Subdivision Subcommittee of the Planning Commission. Staff: Department of Planning and Community Development. COMMISSION ACTION: Recommend Withdrawal 6-0 END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, City Council noted the deferrals and withdrawals. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded by Councilwoman Pepper and carried unanimously, at 12:20 p.m., the Public Hearing Meeting of Saturday, January 22, 1994, was adjourned. The voting was as follows:
Donley "aye" Cleveland "aye" Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
APPROVED BY:
__________________________
PATRICIA S. TICER MAYOR
ATTEST:
_____________________________
Beverly I. Jett, CMC City Clerk43
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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