Public Hearing Meeting
Saturday, February 25, 1995 - - 9:30 am
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Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Services; Mr. Kauffman, Director of Recreation, Parks and Cultural Activities; Ms. Barnett, Division Chief of Recreation, Parks and Cultural Activities; Ms. Johnson, Division Chief of Planning and Zoning; and Lieutenant Crawford, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
2. Public Discussion Period.
(a) Anne Haynes, 310 North Royal Street, representing the Park and Recreation Commission, spoke regarding the Annual Report from the Park and Recreation Commission which is scheduled for Tuesday, February 28, 1995.
(A copy of Ms. Haynes' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 2/25/95, and is incorporated herewith as part of this record by reference.)
(b) John Chapman Gager spoke during this period.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 10)
Planning Commission
3. SUP #94-0378 -- 446 CALVERT AVENUE - Public Hearing and Consideration of a request for a special use permit for automobile sales and detailing; zoned I/Industrial. Applicant: Alpine Enterprises/Fred Khoroushi.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 2/25/95, and is incorporated herewith as part of this record by reference.)
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4. REZONING #94-0013 -- 413 NORTH LEE STREET - Public Hearing and Consideration of a technical correction to the zoning map changing the zone classification of the subject property from RM/Residential Townhouse zone to CD/Commercial Downtown Zone, consistent with the Old Town Plan section of the adopted Master Plan. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/25/95, and is incorporated herewith as part of this record by reference.)
5. MASTER PLAN AMENDMENT #95-0001 -- 5500 SANGER AVENUE, 5517 NORTH MORGAN STREET - Public Hearing and Consideration of a technical correction to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan changing the land use designation of a portion of the property at 5500 Sanger Avenue and the property at 5517 North Morgan Street from P/Parks and Open Space to CDD/Coordinated Development District.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/25/95, and is incorporated herewith as part of this record by reference.)
6. REZONING #94-0014 - Public Hearing and Consideration of a technical correction to the zoning map changing the zone classification of a portion of the property at 5500 Sanger Avenue and the property at 5517 North Morgan Street from POS/Public Open Space and Community Recreation Zone to CDD#4/Coordinated Development District #4 (Winkler Tract).
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/25/95, and is incorporated herewith as part of this record by reference.)
7. MASTER PLAN AMENDMENT #94-0009 -- 4401 WEST BRADDOCK ROAD - Public Hearing and Consideration of an amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from INST/Institutional to P/Parks and Open Space. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/25/95, and is incorporated herewith as part of this record by reference.)
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8. REZONING #94-0015 -- 4401 WEST BRADDOCK ROAD - Public Hearing and Consideration of a request to rezone the subject property from R-8/Residential Single-Family to POS/Public Open Space and Community Recreation. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/25/95, and is incorporated herewith as part of this record by reference.)
9. SUP #94-0385 -- 700 SLATER'S LANE - Public Hearing and Consideration of a request for a special use permit to change the ownership of a laundry/dry cleaning facility; zoned CG/Commercial General. Applicant: Sam's Cleaners, by Tony Tran.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/25/95, and is incorporated herewith as part of this record by reference.)
10. ENCROACHMENT #94-0011 -- 1414 PRINCE STREET - Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an awning; zoned CD/Commercial Downtown. Applicant: Virginia Commerce Bank, by Martin T. Buckingham.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/25/95, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (29 - 35)
29. SUP #94-0390 -- 726 NORTH HENRY STREET - Public Hearing and Consideration of a request for a special use permit for an expansion of a noncomplying automobile repair garage; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: TMB, Inc., Catoctin Circle, Inc., by Rodger Carroll.
COMMISSION ACTION: Noted Deferral 7-0
Deferred by staff prior to hearing; improper notice.
30. SUP #94-0391 -- 1400 DUKE STREET - Public Hearing and Consideration of a request for a special use permit for expansion of a commercial (technical) school with a reduction in the off-street parking requirements; zoned OCM-50/Office Commercial Medium. Applicant: Tesst Electronics and Computer Institute, by R. Wayne Moore.
COMMISSION ACTION: Noted Deferral 7-0
Deferred by staff prior to hearing: improper notice.
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31. TEXT AMENDMENT #94-0012 Public Hearing and Consideration of a text amendment to Section 4-306(B) (I) (Commercial Service Low Zone, Bulk Regulations, Floor Area Ratio, Non-residential) of the Zoning Ordinance to increase the permitted floor area ratio for small parcels in the Commercial Service Low zone. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Deferred 7-0
32. TEXT AMENDMENT #95-0001 - Public Hearing and Consideration of a text amendment to Section 2-154 (Definitions; Height of Building) of the Zoning Ordinance to amend the definition of "height of building." Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Deferred 7-0
33. MASTER PLAN AMENDMENT #94-0004 -- 3200-3600 MOUNT VERNON AVENUE -- MOUNT VERNON COURT - Public Hearing and Consideration of an amendment to the Potomac West Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject property from CSL/Commercial Service Low and CG/Commercial General and RH/Residential High to RM/Residential Medium. Applicant: Bratti Residential and Restoration, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Deferred 7-0
Applicant requested deferral.
34. REZONING #94-0008 -- 3206 MOUNT VERNON AVENUE -- MOUNT VERNON COURT - Public Hearing and Consideration of a request for a rezoning of the subject property from CSL/Commercial Service Low and CG/Commercial General, with proffers, and RC/Residential to RA/Residential. Applicant: Bratti Residential Restoration, Inc. , by Duncan W. Blair, attorney.
COMMISSION ACTION: Deferred 7-0
Applicant requested deferral.
35. SUP #94-0384 -- 3200-3306 MOUNT VERNON AVENUE -- MOUNT VERNON COURT - Public Hearing and Consideration of a request for special use permit, with site plan, for a residential townhouse development. A special use permit is requested to allow a reduction in lot size, tandem parking, and outlot development. Modifications to yards, open space and paving in required yards are requested. The site is zoned RA/Residential, CSL/Commercial Service Low, CG/Commercial General (with proffers), and RC/Residential with a pending rezoning of the entire site to RA/Residential. Applicant: Bratti Residential and Restoration, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Deferred 7-0
Applicant requested deferral.
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the Action Consent Calendar, Item Nos. 1 through 10, and the Deferral/Withdrawal Consent Calendar, Item Nos. 29 through 35, as presented. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the request subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
29. City Council noted the deferral.
30. City Council noted the deferral.
31. City Council noted the deferral.
32. City Council noted the deferral.
33. City Council noted the deferral.
34. City Council noted the deferral.
35. City Council noted the deferral.
END OF CONSENT CALENDARS
The voting was as follows:
Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
11. SUP #94-0392 -- 309 LLOYD'S LANE - Public Hearing and Consideration of a request for a special use permit to construct a residential dwelling on a substandard lot; zoned R-12/Residential. Applicant: Luther A. Gilliam and Mary H. Gilliam, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/25/95, and is incorporated herewith as part of this record by reference.)
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The following person participated in the public hearing on this item:
(Duncan W. Blair, 222 Green Street, attorney for the applicants, stated for the record that they will take tree preservation measures and put a fence around the adjacent magnolia tree.
Councilwoman Pepper spoke to this item and requested that the magnolia tree preservation be done to the satisfaction of the City Arborist.)
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Council Member Walker 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:
Donley "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Rich "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
12. Public Hearing on and Consideration of Report on First Night Alexandria. (#11 2/14/95)
(A copy of the City Manager's memorandum dated February 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/25/95, 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. 12; 2/25/95, and are incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Peter and Allison Lattu, 216 Guthrie Avenue, spoke in support;
Jonas Neihardt, 725 South Pitt Street, representing Old Town Civic Association, spoke in support; and
Kathleen Baker, 1605 Boyle Street, representing KSMET and First Night Alexandria, spoke in support.
General Discussion. Councilwoman Pepper requested that staff look into the possibility of fireworks and that this item come back for review after the next event.
Council Member Rich suggested that in addition to the Little Theatre there should be additional/larger sites for the artists to present, i.e., the Courthouse, the new Federal Courthouse and possibly the Charles Houston School and the Friendship Firehouse.
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City Manager Lawson stated with regard to the food that the various restaurants will be approached so that it would be like a Taste of the Town. It will not be that the food will be in competition with the restaurants. The restaurants will have a chance to showcase some of their offerings at the various sites or on the streets as well as giving the people the opportunity to eat at the restaurants. With respect to the fireworks, she indicated that staff is thinking about utilizing the railroad yard for the staging site for the fireworks.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council held the public hearing and authorized staff to work with First Night Alexandria, Inc. to plan for the expansion of future First Night events to include larger performance sites; the sale of food at outdoor sites; and the addition of performance sites along Washington Street and along King Street west of Washington Street, contingent upon First Night providing additional free parking and shuttle buses and promoting the use of public transportation. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
13. SUP #94-0389 -- 1639 NORTH QUAKER LANE - Public Hearing and Consideration of a request for a special use permit for a trailer for office use; zoned CL/Commercial Low. Applicant: Fairlington Sunoco, by James F. Filby, Jr.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/25/95, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
James F. Filby, Jr., 1639 North Quaker Lane, spoke in support.
General Discussion. Members of City Council participated in the discussion and asked questions of Mr. Filby. Planning and Zoning Director Lynn stated that his understanding of the amendment is that staff extend it, up to 18 months, as long as the applicant is making a good-faith effort to find a solution and is proceeding.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman 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, amended condition #3 to read: "3. The special use permit is valid for a period of 18 months from today, and authorized staff to extend that expiration administratively if a permanent solution hasn't been worked out or because of extenuating circumstances or a hardship situation. If it is necessary to extend it administratively, staff could extend it up to an additional 18 months until a permanent solution is found." The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
14. SUP #94-0333 -- 3250 DUKE STREET - Public Hearing and Consideration of a request for a special use permit to increase seating and amend the hours of operation of the restaurant; zoned CG/Commercial General. Applicant: Mohammad Shahbaz Haji. (#12 11/12/94)
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated November 3, 1994, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/25/95, and is incorporated herewith as part of this record by reference.
A copy of the Planning and Zoning Director's letter dated February 10, 1995, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 2 of Item No. 14; 2/25/95, and is incorporated herewith as part of this record by reference.
A copy of Mr. Turner's information sheet dated February 25, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 2/25/95, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
James D. Turner, 124 South Royal Street, representing the applicant, spoke in support;
Carolyn Roop, 810 Vicar Lane, owner of the property, spoke in support; and
Eugene Stein, 108 South Early Street, adjacent property owner, stated that since the applicant is not requesting the use of his property as a drive through, he has nothing to say.
General Discussion. The Members of City Council participated in the discussion.
It was noted that the applicant had deleted his request for food delivery.)
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WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Euille and carried unanimously, City Council approved the special use permit, subject to the conditions that are set out by the Planning staff and amended condition #6 to extend the hours on Friday and Saturday night to Midnight. The voting was as follows:
Rich "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
NOTE: Docket Item Nos. 15 and 16 were considered together and under one motion.
15. MASTER PLAN AMENDMENT #94-0007 -- 3518-3520 DUKE STREET - Public Hearing and Consideration of an amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from CL/Commercial Low to CRMU-H/Commercial residential Mixed Use-High. Applicant: N. Vernon Cockrell, by Cyril D. Calley, attorney.
COMMISSION ACTION: Approved 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/25/95, and is incorporated herewith as part of this record by reference.)
16. REZONING #94-0012 -- 3518-3520 DUKE STREET - Public Hearing and Consideration of a request to rezone the subject property from CL/Commercial Low to CRMU-H/Commercial Residential Mixed Use-High, with proffers. Applicant: N. Vernon Cockrell, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/25/95, and is incorporated herewith as part of this record by reference.
A copy of an additional proffer submitted by the attorney for the applicant is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 2/25/95, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on these items:
Cyril D. Calley, 307 North Washington Street, attorney for the applicant, spoke in support and to the proffer submitted for Docket Item No. 16; and
Richard R.G. Hobson, 99 North Quaker Lane, representing Seminary Hill Association, Inc., requested that this item be deferred so that the Association can meet to discuss it.
General Discussion. Members of Council participated in the discussion. Planning and Zoning Director Lynn spoke to the notification process.)
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WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, (15.) City Council closed the public hearing and deferred this item until the first Legislative Meeting in March on March 14, to allow the Seminary Hill Civic Association to review this item, and (16.) City Council closed the public hearing and deferred this item until the first Legislative Meeting in March on March 14, to allow the Seminary Hill Civic Association to review this item. The voting was as follows:
Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"
NOTE: Docket Item Nos. 17 and 18 were considered together and under one motion.
17. MASTER PLAN AMENDMENT #94-0005 -- 520 NORTH FAYETTE STREET - Public Hearing and Consideration of amendments to the Braddock Road Metro Station Area Small Area Plan Chapter of the 1992 Master Plan changing the land use designation of the subject property from CRMU-M/Commercial Residential Mixed Use-Medium to CRMU-H/Commercial Residential Mixed Use-High, and increasing the height limit for commercial development on the subject property. Applicant: Alfred W. Perkins, by Cyril D. Calley, attorney.
COMMISSION ACTION: Approved 7-O
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/25/95, and is incorporated herewith as part of this record by reference.)
18. REZONING #94-0009 -- 520 NORTH FAYETTE STREET - Public Hearing and Consideration of a request to rezone the subject property from CRMU-M/Commercial Residential Mixed Use-Medium to CRMU-H/Commercial Residential Mixed Use-High, with proffer. Applicant: Alfred W. Perkins, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 2/25/95, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on these items:
Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support of these items as well as amending the small area plan to reflect that Council may consider increased heights up to 66 feet with a special use permit.
General Discussion. Members of Council participated in the discussion.)
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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, (17.) 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, with an added condition to the small area plan to read: "That Council may consider increased heights up to 66 feet with a special use permit.", and (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. The voting was as follows:
Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
NOTE: Docket Item Nos. 19 and 20 were considered together and under one motion.
19. MASTER PLAN AMENDMENT #94-0006 -- 621 NORTH PAYNE STREET - Public Hearing and Consideration of amendments to the Braddock Road Metro Station Area Small Area Plan Chapter of the 1992 Master Plan changing the land use designation of the subject property from CRMU-M/Commercial Residential Mixed Use-Medium to CRMU-H/Commercial Residential Mixed Use-High, and increasing the height limit for commercial development on the subject property. Applicant: Security Storage Company of Washington, D.C., by Cyril D. Calley, attorney.
COMMISSION ACTION: Approved 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 2/25/95, and is incorporated herewith as part of this record by reference.)
20. REZONING #94-0011 -- 621 NORTH PAYNE STREET - Public Hearing and Consideration of a request to rezone the subject property from CRMU-M/Commercial Residential Mixed Use-Medium to CRMU-H/Commercial Residential Mixed Use-High, with proffer. Applicant: Security Storage Company of Washington, D.C., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 7, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 2/25/95, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on these items:
Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support of these items as well as amending the small area plan to reflect that Council may consider increased heights up to 66 feet with a special use permit.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilwoman Walker and carried on a vote of 6-to-0, (19.) 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, with an added condition to the small area plan to read: "That Council may consider increased heights up to 66 feet with a special use permit.", and (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. The voting was as follows:
Pepper "aye" Donley "aye"
Walker "aye" Cleveland "aye"
Ticer out of room Euille "aye"
Rich "aye"
ORDINANCES AND RESOLUTIONS
21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to change the name of Clermont Avenue south of Eisenhower Avenue to Eisenhower Avenue Connector. (#18 2/14/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by 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" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer out of room Euille "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3777
AN ORDINANCE to change the name of a portion of Clermont Avenue, a public street in the City of Alexandria, Virginia, and to amend the Official Street Naming Map, City of Alexandria, Virginia, dated February 24, 1953, as amended, to reflect the name change.
WHEREAS, Clermont Avenue is one of the streets listed in the City of Alexandria's Official Street Naming Map; and
WHEREAS, the staff of the department of planning and zoning has recommended that the name of the portion of Clermont Avenue lying south of Eisenhower Avenue in the City of Alexandria be changed to "Eisenhower Avenue Connector," in anticipation of the construction of a proposed interchange connecting Eisenhower Avenue to the Capital Beltway; and
WHEREAS, the change in the name of the portion of Clermont Avenue lying south of Eisenhower Avenue to "Eisenhower Avenue Connector" has been approved by the Council of the City of Alexandria, pursuant to Section 5-2-66 of The Code of the City of Alexandria, Virginia, 1981, as amended; now, therefore,
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the name of the portion of Clermont Avenue lying south of Eisenhower Avenue in the City of Alexandria shall be, and hereby is, changed to Eisenhower Avenue Connector.
Section 2. That the Official Street Naming Map, City of Alexandria, Virginia, dated February 24, 1953, as amended, shall be, and hereby is, amended to reflect the name change of the portion of Clermont Avenue lying south of Eisenhower Avenue, as set forth in Section 1 above.
Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way of 3681 Wheeler Avenue. (#19 2/14/95) [ROLL-CALL VOTE]
(A copy of the corrected plat is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 2/25/95, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading, which includes the corrected plat. The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer out of room Euille "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3778
AN ORDINANCE to vacate a portion of the public right-of-way at 3681 Wheeler Avenue, consisting of total land area of 14,583 square feet running adjacent to Wheeler Avenue.
WHEREAS, Early Street Properties, L.L.C. ("Applicant"), has applied for the vacation of a portion of the public right-of-way at 3681 Wheeler Avenue, consisting of a total land area of 14,583 square feet running adjacent to Wheeler Avenue; and
WHEREAS, the public right-of-way to be vacated by this ordinance is shown on a City of Alexandria Assessment Map dated June 24, 1992 ("Map") (attached hereto); and
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WHEREAS, the vacation of this portion of the public right-of-way at 3681 Wheeler Avenue 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 public right-of-way to be vacated by this ordinance is $500; 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 public right-of-way to be vacated by this ordinance be purchased by the Applicant for $500; 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 it purchase the public right-of-way to be vacated by this ordinance for $500, 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; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the public right-of-way at 3681 Wheeler Avenue, consisting of total land area of 14,583 square feet running adjacent to Wheeler Avenue, as shown on the Map, be, and the same hereby is, vacated.
Section 2. That this vacation is subject to the Applicant complying with the condition that it purchase the above-described public right-of-way for $500 and with each of the conditions set forth below:
1. The Applicant shall limit the use of the area being vacated to open space or site features in support of the development on the adjacent site now owned by Applicant. This condition shall convey with the land and shall be binding upon the Applicant and its successors, heirs and assigns.
2. The Applicant shall consolidate the area being vacated by this ordinance with the adjacent lot located at 3681 Wheeler Avenue, and provide a plat of consolidation for approval by the director of planning and zoning prior to recordation.
3. The Applicant and its successors, heirs and assigns shall reserve and provide easements at no cost to any public or private utility company now or in the future found to be located in the area being vacated by this ordinance.
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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 $500 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 $500 has been made to the city by the Applicant and the conditions set forth above in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of EARLY STREET PROPERTIES, L.L.C., and such recordation shall be done by the Applicant at its own expense.
Attachment: Assessment Map
Introduction: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
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23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way of 305 Charles Alexander Court for the construction of a stone wall. (#20 2/14/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer out of room Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3779
AN ORDINANCE authorizing the owners of the single family residence at 305 Charles Alexander Court, and their successors in interest, to establish and maintain an encroachment into the public sidewalk right-of-way at 305 Charles Alexander Court, in the City of Alexandria, Virginia.
WHEREAS, Paul and Diane Mahefky are the owners of the single family residence at 305 Charles Alexander Court in the City of Alexandria, Virginia; and
WHEREAS, such owners desire to establish and maintain two stone retaining walls which will encroach into the public sidewalk right-of-way at 305 Charles Alexander Court in the City of Alexandria, Virginia; and
WHEREAS, the public right-of-way at that point on Charles Alexander Court will not be significantly impaired by this encroachment; and
WHEREAS, this encroachment has been approved, subject to certain conditions, by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the owners of 305 Charles Alexander Court, and their successors in interest (hereafter "owners"), be, and the same hereby are, authorized to establish and maintain an encroachment into the public sidewalk right-of-way at 305 Charles Alexander Court in the City of Alexandria, Virginia, said encroachment consisting of two stone retaining walls as herein after described, 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 owners of liability for any negligence on their part or on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
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Section 2. That the retaining walls hereby authorized shall be constructed as follows, all as shown more particularly on the plat attached hereto and incorporated herein by reference:
1. The first stone retaining wall, to be located on the existing east side of the driveway entrance to subject property, shall be 3.5 feet tall, approximately 17 feet in length, and two feet wide. The wall shall project a maximum of nine feet into the public right-of-way of Charles Alexander Court.
2. The second stone retaining wall, to be located on the west side of the existing driveway entrance to the subject property, shall be approximately four feet tall, approximately 40 feet in length, and two feet wide. A maximum of five feet of the retaining wall shall extend onto the public right-of-way of Charles Alexander Court.
Section 3. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the condition that, in the event the city shall, in the future, have need for the area of the proposed encroachment, the owners shall remove any structure or projection that encroaches into the sidewalk right-of-way, within 60 days, upon notification by the city.
Section 4. That the authorization hereby granted to establish and maintain the encroachment shall be subject to and conditioned upon the owners maintaining, at all times and at their 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
Property Damage: $1,000,000 each occurrence
This liability insurance policy shall identify the City of Alexandria and the owners as named insureds and shall provide for the indemnification of the City of Alexandria and the owners 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 owners shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of the owners. Nothing in this section shall relieve the owners of their obligation and undertakings required under this ordinance.
Section 5. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, the owners 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.
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Section 6. That the authorization herein granted to establish and maintain the encroachment shall be subject to the owners maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter, and shall further be subject to the owners, as long as the wall encroachment shall stand, being responsible for all costs for the maintenance, removal and or reconstruction of the retaining walls hereby approved on or off the public right-of-way.
Section 7. 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 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 owners the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by the owners without cost to the city. If the owners 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 owners, and shall not be liable to the owners 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: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
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24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone property at 91 South Early Street and 3681 Wheeler Avenue to remove proffers and to permit development and use in accordance with the CSL/Commercial Service Low zone. (#21 2/14/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Rich "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3780
AN ORDINANCE to amend and reordain 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 property at 91 South Early Street and 3681 Wheeler Avenue by repealing existing proffers and adopting a new proffer (RZ No. 94-0005), in accordance with the said zoning map amendment heretofore approved by city council.
WHEREAS, the City Council of the City of Alexandria finds and determines that:
1. An application has been made to amend the zoning of the property known as 91 South Early Street (Zoning Map and Tax Map Parcel No. 60.04-01-04) and 3681 Wheeler Avenue (Zoning Map and Tax Map Parcel No. 60.04-01-05) by repealing the existing proffers applicable to these properties and by adopting a new proffer;
2. Said rezoning is in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended;
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 60.04 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 property hereinafter described:
91 South Early Street (Zoning Map and Tax Map Parcel No. 60.04-01-04), containing approximately .383 acre of land area, and 3681 Wheeler Avenue (Zoning Map and Tax Map Parcel No. 60.04-01-05), containing approximately .85 acre of land area, as shown on the sketch plan entitled "RZ No. 94-005," dated December 6, 1994, attached hereto and incorporated herein by reference.
FROM: The proffered industrial zoning adopted by Ordinance No. 3169, on December 13, 1986, and Ordinance No. 3474, on October 13, 1990, which zoning is hereby repealed.
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TO: The CSL/Commercial Service Low Zone adopted as part of the comprehensive rezoning in 1992.
Subject, however, to the following proffer:
Prior to final approval of a site plan for this property, the owner shall request a vacation of the public right-of-way land located between Wheeler Avenue and the applicant's property line (Parcel 60.04-01-05). Such application shall include at a minimum all of the public land along the entire frontage of Parcel 60.04-01-05 between Wheeler Avenue as constructed on the applicant's property line. In making this proffer, the applicant does not intend that approval of a final site plan be contingent upon the granting of a vacation, but rather that approval of the vacation must be diligently pursued in good faith.
Section 2. That the director of planning and zoning be, and hereby is, directed to record the foregoing amendment on the "Official Zoning Map, Alexandria, Virginia."
Section 3. That Sheet No. 60.04 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Attachment: Rezoning Sketch Plan No. 94-0005
Introduction: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
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The subject property and surrounding land uses are shown on the sketch below
2 3
25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 11-300 of the City of Alexandria Zoning Ordinance to require that written notice of public hearings on land use matters be given by registered or certified mail and otherwise to make the city's notice rules consistent with state law, with an exemption for the Board of Architectural Review. (#22 2/14/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilman Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Cleveland "aye" Donley "aye"
Euille "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3781
AN ORDINANCE to amend and reordain Section 11-301 (REQUIRED NOTICE), Section 11-302 (NOTICE REQUIREMENTS FOR PARTICULAR HEARINGS) and Section 11-303 (ADDITIONAL NOTICE REQUIRED), all under Section 11-300 (NOTICE OF PUBLIC HEARINGS) (TA NO. 94-014), of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsections (A) and (B) of Section 11-301 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Sec. 11-301 Required notice.
Except as provided in section 11-302 below, written notice, placard notice and newspaper notice shall be given before each public hearing before the planning commission, the city council, the board of zoning appeals, the subdivision committee and the board of architectural review.
(A) Written notice. For hearings before the planning commission, the city council, the board of zoning appeals and the subdivision committee, the applicant shall, by registered or certified mail, send written notice at least ten and no more than 30 days prior to the hearing. Restricted delivery or return receipt is not required. For hearings before the board of architectural review, the applicant shall, by first class mail, send written notice at least ten and no more than 30 days prior to the hearing.
(1) Recipients of written notice. Written notice shall be sent to the owner of the subject property, if different from the applicant, and to the owners of all abutting property. In the case of a condominium, written notice may be sent to the president of the board of the unit owners' association instead of to each individual unit owner.
(2) Contents of written notice. Written notice shall contain the following information:
(a) The time, date and place of all hearings scheduled; and24
(b) A description of the matter being heard, including the tax map number of the property and complete street address of the property.
(3) Certification. At least five days prior to the hearing, the applicant shall supply the director with a copy of the notice, the names of those persons to whom notice has been given, and copies of the post office receipts for registered or certified mail, if registered or certified mail is required, and shall certify that notice has been sent to those to whom notice is required to be given. The applicant shall use the records and maps maintained by the city's office of real estate assessments to determine the proper recipients of notice and reliance upon such records shall constitute compliance with the requirements of this section 11-301(A).
(4) Waiver of notice. A person's actual notice of, or participation in, the proceedings for which written notice is required to be provided by this section shall waive the right of that person to challenge the validity of the proceedings based on a failure to receive such written notice. Any person entitled to receive notice under this section may waive the right to notice by filing a waiver in writing with the director prior to the hearing. No waiver shall be accepted for an applicant's failure to file or to timely file a required certificate.
(5) Failure to receive notice. Failure to receive any notice required by this section shall not by itself invalidate any action taken at the hearing for which notice was given.
(B) Placard notice. The city shall post placards at least ten days and no more than 30 days prior to the hearing.
Section 2. That subsection (C) of Section 11-302 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended, and the said Section 11-302 be, and the same hereby is, amended by adding thereto new subsections (E) and (F), all to read as follows:
Sec. 11-302 Notice requirements for particular hearings.
The following particular public hearings require only the following form of notice:
(C) New zoning ordinance or map. Public hearings on the adoption of a new zoning map, a substantially revised zoning map (one which revises the zoning of 500 or more parcels of land), or new or substantially revised regulations for the city as a whole or for the territory included within a small area plan adopted as part of the official master plan of the city require that the city provide newspaper notice of the hearing.
(E) Rezoning of 25-500 parcels. Public hearings on a rezoning that involves more than 25 but fewer than 500 parcels of land require that written notice be sent by first class mail.
(F) City initiated applications. Public hearings on a matter initiated by the city, for which the city sends written notice, require that written notice be sent by first class mail, provides that the responsible city employee shall make an affidavit that such mailing has been made, and
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file same with the papers in the case.
Section 3. That subsection (A) of Section 11-303 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Sec. 11-303 Additional notice required.
(A) Deferral or continuance. For hearings before the planning commission, the city council, the board of zoning appeals and the subdivision committee, if an item is deferred or continued at the time of the public hearing, then all notices required by this section 11-300 shall be given prior to any subsequent public hearing as if it were a new item. For hearings before the board of architectural review, if an item is deferred or continued at the time of the public hearing for a period which exceeds 30 days, then all notices required by this section 11-300 shall be given prior to any subsequent public hearing as if it were a new item.
Section 4. That Sections 11-301, 11-302 and 11-303 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 5. That this ordinance shall become effective on April 1, 1995, and shall apply to all public hearings subject to its provisions conducted on and after that date.
Introduction: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to establish, and to define the powers and duties of, the Alexandria Commission for the Arts which to date has been created and governed by a resolution of the city council (No. 1209), rather than by ordinance. (#23 2/14/95) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(The City Attorney requested an amendment to paragraph 3 on the bottom of page 1 in Sec. 2-4-90 (b), after the word "represent" add the words "arts, educational or".)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading, as amended. The voting was as follows:
Rich "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"
The ordinance finally passed, as amended, reads as follows:26
ORDINANCE NO. 3782
AN ORDINANCE to add a new Article J (ALEXANDRIA COMMISSION FOR THE ARTS) to Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS) of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
WHEREAS, the City Council of the City of Alexandria finds and determines that:
1. The council is committed to promoting all aspects of the arts and furthering cultural development in the City of Alexandria;
2. The Alexandria Commission for the Arts was established by Resolution No. 1209, adopted on November 11, 1986;
3. It is desirable to expand the membership and update the mission statement governing the Commission for the Arts, in accordance with the "Strategic Plan for the Alexandria Commission for the Arts," formulated by the commission and approved by council on December 17, 1994; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Chapter 4 of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Article J to read as follows:
ARTICLE J
Alexandria Commission for the Arts
Sec. 2-4-90 Creation, composition and organization.
(a) There is hereby established a standing commission known as the Alexandria Commission for the Arts.
(b) The commission shall consist of 15 members to be appointed by the city council. The composition of the commission shall be as follows:
(1) five members shall have expertise in the arts, either as practitioners of various art disciplines or as professional administrators working in the field;
(2) five members shall represent the public at large, as arts consumers and participants;
(3) five members shall represent arts, educational or business expertise relative to arts and cultural development, including such perspectives as marketing, finance/funding, tourism promotion and organizational development.
(c) Members of the commission shall be appointed in the manner prescribed by article A of this chapter. The members shall serve for a term of three years, except in the case of an appointment to fill the unexpired portion of a term; provided, that the members of the commission in office as of February 25, 1995, shall continue to serve the unexpired portion of their term of office.
Sec. 2-4-91 Function; powers; duties.
(a) The functions of the commission shall be as follows:
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(1) to support the development and expansion of the arts and the expansion of public access to and participation in the arts, in Alexandria;
(2) to serve as an advisory body for the arts in Alexandria;
(3) to advise the city council concerning appropriate policies that will strengthen the arts and further public access to the arts in Alexandria;
(4) to serve as the single funding source for all activities concerning arts which are not conducted as part of the regularly scheduled city program, including:
(a) the establishment and periodic review of criteria and standards for grant applications for city funds and accountability for the use of such funds, and
(b) the allocation to particular arts activities from such funds as may be appropriated from time to time by the city council for such purpose;
(5) to seek national, state and private support on behalf of the arts in Alexandria, and
(6) to prepare and submit to city council a cultural plan for the City of Alexandria and revisions thereto.
(b) The commission is empowered to adopt rules and regulations in regard to procedure and other matters so long as the same are not inconsistent with the city code, including, but not limited to, the establishment of committees through which to carry on its functions and purpose.
(c) A commission chair, vice-chair and secretary shall be elected annually by the commission members at the organizational meeting designated in the commission's bylaws.
(d) The commission shall hold at least 10 regular meetings each year, and as many special meetings as the commission may deem advisable.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1995. (#25 2/14/95) [ROLL-CALL VOTE)
(A copy of the City Manager's memorandum dated January 31, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 2/25/95, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
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It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3783
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 1995, which began on the first day of July 1994 and ends on the thirtieth day of June 1995.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. 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 1995, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1994, but not appropriated, and further that the council does hereby allot the amount so. appropriated to the several city departments for fiscal year 1995, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $ 8,000
Sheriff 118,900
Transportation and Environmental Services 615,800
Fire -16,179
Police 260
Housing 65,571
Mental Health/Mental Retardation/
Substance Abuse 1,617,005
Human Services 1,647,957
Recreation 13,935
Total Estimated Revenue $4,071,249
APPROPRIATION:
Human Relations $ 8,000
Sheriff 118,900
Transportation and Environmental Services 615,800
Fire -16,179
Police 260
Housing 65,571
Mental Health/Mental Retardation/
Substance Abuse 1,617,005
Human Services 1,647,957
Recreation 13,935
Total Appropriation $4,071,249
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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 1995, the source of such amount being donations whose revenues have been accepted and adjusted but not appropriated in fiscal year 1995, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1995, as follows:
ESTIMATED REVENUE:
Fire $ 5,245
Human Services 15,700
Historic Alexandria 12,218
Total Estimated Revenue $33,163
APPROPRIATION:
Fire $ 5,245
Human Services 15,700
Historic Alexandria 12,218
Total Appropriation $33,163
Section 3. 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 1995, the source of such amount being Charges for Services, Intergovernmental Revenue, Contributions and Sale of Land, 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 1995 capital improvement budget: city project nos. 002-004, 004-034, 004-039, 005-020, 009-039, 011-096 and 011-097.
CAPITAL PROJECTS FUND
ESTIMATED REVENUE:
Charges for Services $ 500
Intergovernmental Revenue 2,945,455
Contributions 280,000
Sale of Land 211,300
Total Estimated Revenue $3,437,255
APPROPRIATION:
Capital Projects $3,437,255
Total Appropriation $3,437,255
Section 4. 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 1995, the source of such amount being Transfers In, and further that the council does hereby allot the amount so appropriated for fiscal year 1995, as follows:
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GENERAL FUND
Human Services $ -49,925
Schools 49,925
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Schools Transfers In (from General Fund) $49,925
Total Estimated Revenue $49,925
APPROPRIATION:
Schools $49,925
Total Appropriation 49,925
Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures of the city in fiscal year 1995, the source of such amount being undesignated Special Revenue Fund Balance, and further that the council does hereby allot the amount so appropriated, as follows:
APPROPRIATION:
Schools 314,985
Total Appropriation $ 314.985
Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amounts hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1995, the source of such amounts being Equipment Replacement Retained Earnings, and further that the council does hereby allot the amount so appropriated, as follows:
EQUIPMENT REPLACEMENT FUND:
APPROPRIATION:
Fire $ 204,405
Human Services 47,740
Health 5,959
Recreation 75,000
Total Appropriation $ 333,104
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 1995, the source of such amount being Equipment Replacement Fund Retained Earnings balance, and further that the council does hereby allot the amount so appropriated for fiscal year 1995, as follows:
Financial and Information Services
Transfers In (from Equipment
31
Replacement Fund) $ 272,600
Total Estimated Revenue $ 272,600
APPROPRIATION:
Financial and Information Services $ 272,600
Total Appropriation $ 272,600
EQUIPMENT REPLACEMENT FUND
ESTIMATED REVENUE:
Equipment Replacement Fund
Retained Earnings $ 272,600
Total Estimated Revenue $ 272,600
APPROPRIATION:
Financial and Information Services
Transfers Out (to General Fund) $ 272,600
Total Appropriation $ 272,600
Section 8. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 2/14/95
First Reading: 2/14/95
Publication: 2/15/95; 2/16/95
Public Hearing: 2/25/95
Second Reading: 2/25/95
Final Passage: 2/25/95
OTHER
28. Consideration of Update Report from the City Attorney on Items before the 1995 General Assembly.
(The City Attorney stated that this will be given at the Legislative Meeting on Tuesday, February 28, 1995.)
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, at 11:00 a.m., the Public Hearing Meeting of Saturday, February 25, 1995, was adjourned. The voting was as follows:
Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"
APPROVED BY:
PATRICIA S. TICER MAYOR
ATTEST:
___________________________
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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