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Public Hearing Meeting
Saturday, May 13, 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: Ms. Steele, Deputy City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Robinson, Deputy Director of Management and Budget; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Mr. Bell, City Engineer; Fire Chief Hawkins; Police Chief Samarra; Ms. Johnson, Division Chief, Planning and Zoning; and Lieutenant Crawford, Police Department.

Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.



At 8:30 a.m., prior to the start of the Public Hearing Meeting, City Council attended a dedication ceremony for the James Mulligan Park located on South 28th Street.

OPENING

The Meeting was called to order by Mayor Ticer and the City Clerk called the Roll; all Members of City Council were present.

(a) Barbara Beach, 128 North Pitt Street, attorney speaking on behalf of the members of the Old Town Restaurant Association, spoke concerning the parking requirements placed on special use permit applicants.

(A copy of Ms. Beach's letter dated May 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2; 5/13/95, and is incorporated herewith as part of this record by reference.)


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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 13)
Planning Commission
WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 8 and 13 from the Consent Calendar and considered them under separate motions.

3. SUP #95-0034 -- 216 SOUTH FAYETTE STREET - Public Hearing and Consideration of a request for a special use permit for a bed and breakfast accommodation, including a waiver of the off-street parking requirement; zoned RM/Residential. Applicant: Charles H. and Kathryn M. Huettner.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/13/95, and is incorporated herewith as part of this record by reference.)

4. SUP #95-0035 -- 600 MONTGOMERY STREET -- VILLA D'ESTE RESTAURANT - Public Hearing and Consideration of a request for a special use permit to add an amusement enterprise (music and dancing) to an existing restaurant and to change the hours of operation; zoned CDX/commercial Downtown. Applicant: Aman Sulaimani; Villa D'Este Restaurant, by Umberto Giannori.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/13/95, and is incorporated herewith as part of this record by reference.)

5. SUP #95-0037 -- 2018 MOUNT VERNON AVENUE -- ROD-DET RESTAURANT - Public Hearing and Consideration of a request for a special use permit amendment to allow outdoor seating for a restaurant; zoned CL/Commercial Low. Applicant: Kriengkrai Prathipasen, Rod-Det Restaurant.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/13/95, and is incorporated herewith as part of this record by reference.)

6. SUP #95-0039 -- 1001 DUKE STREET - Public Hearing and Consideration of a request for a special use permit to allow required parking for residential uses located at 1001 Duke Street to be located off-site; zoned CL/Commercial Low. Applicant: Shows-Webb Associates, by William McBeath, Jr.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/13/95, and is incorporated herewith as part of this record by reference.)







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7. SUP #95-0040 -- 4320 SEMINARY ROAD -- ALEXANDRIA HOSPITAL -- Public Hearing and Consideration of a request for a special use permit to expand the emergency department of the Alexandria Hospital; zoned R-12/Residential. Applicant: Alexandria Hospital, by Arek Tatevossian.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/13/95, and is incorporated herewith as part of this record by reference.)

9. SUP #95-0043 -- 820 SOUTH PICKETT STREET -- Public Hearing and consideration of request for a special use permit for a carry-out restaurant; zoned I/Industrial. Applicant: Saigon Food Corporation, Dat Thi Duong.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/13/95, and is incorporated herewith as part of this record by reference.)

10. SUP #95-0044 -- 520 SOUTH VAN DORN STREET -- CROWDER TRANSFER -- Public Hearing and Consideration of a request for a special use permit for two trailers for office and lounge use; zoned CG/Commercial General. Applicant: Crowder Transfer and Storage, by Dorothy C. Coffey.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/13/95, and is incorporated herewith as part of this record by reference.)

11. SUP #95-0045 -- 516 SOUTH VAN DORN STREET, #A -- VAN DORN STATION SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a carry-out restaurant; zoned CG/Commercial General. Applicant: Andy J. Chicas.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/13/95, and is incorporated herewith as part of this record by reference.)

12. SUP #95-0048 -- 630 SOUTH PAYNE STREET -- Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RB/Residential. Applicant: Sallie Hill.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/13/95, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR







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WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Donley and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of Docket Item Nos. 8 and 13 which were considered under separate motions. The Planning Commission recommendations are as follows:

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

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

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

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

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

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

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

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

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

The voting was as follows:

Rich "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Pepper "aye"
Walker "aye"

8. SUP #95-0042 -- 1511 MOUNT VERNON AVENUE -- BUFFALO MO'S RESTAURANT -- Public Hearing and consideration of a request for a special use permit for a carry-out restaurant; zoned CL/Commercial Low. Applicant: Amer M. Roman.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/13/95, and is incorporated herewith as part of this record by reference.)

(General Discussion. Councilman Euille directed questions to Planning and Zoning Director Lynn.)






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

Euille "aye" Pepper "aye"
Donley "aye" Ticer "aye"
Cleveland "aye" Rich "aye"
Walker "aye"

13. SUP #95-0027 -- 2121 EISENHOWER AVENUE -- EISENHOWER CENTER -- Public Hearing and Consideration of a request for a special use permit, with site plan, for a public parking structure; zoned OCM 100/Office Commercial Medium. Applicant: Simpson Development Company, Inc., by Donald F. Simpson.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/13/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Simpson's letter dated May 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 5/13/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added condition #21, and added a new condition #17 to read: "17. The developer shall make a contribution to the City's Housing Trust Fund to the satisfaction of The Affordable Housing Advisory Committee which will consider a policy regarding payment over time and the appropriate amount for different structures such as garages." The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

NOTE: Mayor Ticer noted that Docket Item No. 15 had been withdrawn, and with the consensus of Council, requested that Docket Item No. 28 be taken after Docket Item No. 16.







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

14. Public Hearing on the Draft Consolidated Plan for Housing and Community Development.

(A copy of the City Manager's memorandum dated May 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/13/95, and is incorporated herewith as part of this record by reference.

A copy of the Draft Consolidated Plan for Housing and Community Development, is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 5/13/95, and is incorporated herewith as part of this record by reference.

Copies of public comments and responses received with respect to The Draft Consolidated Plan, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 14; 5/13/95, and is incorporated herewith as part of this record by reference.)

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General Discussion. The Members of City Council participated in the discussion; a copy of a verbatim transcript of the City Council's comments is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item.)

WITHOUT OBJECTION, City Council scheduled a Work Session on this item on May 23, 1995, from 5:00 p.m. to 6:30 p.m. The Consolidated Plan and the Community Development Block Grant and Home Investment Partnerships Program applications will be docketed for final consideration on June 13, 1995.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
COMMISSION ACTION: Recommend Denial 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/13/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Shaw's letter of withdrawal dated May 10, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 5/13/95, 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. 3 of Item No. 15; 5/13/95, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

WITHOUT OBJECTION, City Council considered Docket Item Nos. 32 and 33 at this time.

ORDINANCES AND RESOLUTIONS

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the boundaries of the Patrick Henry School, Landmark Center and Trade Center Election Districts to establish from within those districts a new South Port Election District, to designate the South Port Apartment Complex, at 6112 Edsall Road, as the voting place therein, and to temporarily relocate the voting place for the Agudas Achim Election District to the Parc East Condominium building, at 1225 Martha Custis Drive. (#19 5/9/95) [ROLL-CALL VOTE]
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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance, as amended, temporarily changing the Agudas Achim Election District to the Charles Barrett Center and also the creation of the South Port Polling Place. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille out of room
Ticer "aye" Rich out of room
Walker "aye"

The ordinance finally passed, as amended, reads as follows:
ORDINANCE NO. 3795
AN ORDINANCE to amend subsections (k) (AGUDAS ACHIM CONGREGATION ELECTION DISTRICT), (q) (PATRICK HENRY SCHOOL ELECTION DISTRICT), (r) (LANDMARK CENTER ELECTION DISTRICT) and (s) (TRADE CENTER ELECTION DISTRICT) of Section 2-2-10 (ESTABLISHMENT OF ELECTION DISTRICTS AND VOTING PLACES), and to add a new subsection (s.1) (SOUTH PORT ELECTION DISTRICT) to Section 2-2-10, all of Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (k) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

(k) The Agudas Achim Congregation Election district shall be bounded and described as follows:

Beginning at the centerline of the intersection of Beverley Drive and Cameron Mills Road; thence westward along the centerline of Beverley Drive to the centerline of Wellington Road; thence southward along the centerline of Wellington Road to the centerline of Beverley Drive; thence westward along the centerline of Beverley Drive to the centerline of Valley Drive; thence southward along the centerline of Valley Drive to the centerline of Crestwood Drive; thence westward along the centerline of Crestwood Drive to the western city boundary at Quaker Lane; thence northward along the western city boundary to the northern city boundary at Four Mile Run; thence eastward along the northern city boundary to its intersection with a point due north of the centerline of Cameron Mills Road; thence southward along the centerline of Cameron Mills Road to the point of beginning.

The voting place within the Agudas Achim Congregation Election District shall be at the Charles Barrett Center, located at 1115 Martha Custis Drive.

Section 2. That subsection (q) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

(q) The Patrick Henry School Election District shall be bounded and described as follows:

Beginning at the intersection of the centerline of North Pegram Street and the centerline of Taney Avenue; thence eastward along the centerline of Taney Avenue to the west boundary of the Patrick Henry School property; thence northward along the west boundary of such property to the north boundary of the Patrick Henry School property; thence eastward along the north boundary of such property to the northeast corner of the Patrick Henry School; thence eastward to the centerline of North Jordan Street at a point midway between the centerline of Juniper Place and the centerline of
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Iverson Street; thence eastward along the boundary of Census Tract 2005 to its intersection with the projected centerline of North Gordon Street; thence southward along the centerline of North Gordon Street to the centerline of Duke Street; thence westward along the centerline of Duke Street to the centerline of South Jordan Street; thence southward along the centerline of South Jordan Street to the centerline of Holmes Run; thence westward along the centerline of Holmes Run to the centerline of North Pegram Street; thence northward to the point of beginning.

The voting place within the Patrick Henry School Election District shall be the Patrick Henry School, located at 4643 Taney Avenue.

Section 3. That subsection (r) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

(r) The Landmark Center Election District shall be bounded and described as follows:

Beginning at the intersection of the centerline of the Henry G. Shirley Memorial Highway and the extended centerline of Taney Avenue; thence eastward along the centerline of Taney Avenue to the centerline of North Pegram Street; thence southward along the centerline of North Pegram Street to the centerline of Holmes Run; thence westward along the centerline of Holmes Run to the extended centerline of North Paxton Street; thence southward along the centerline of North Paxton Street to the centerline of Duke Street; thence westward along the centerline of Duke Street to the centerline of South Van Dorn Street; thence southward along the centerline of South Van Dorn Street to the centerline of Edsall Road; thence westward along the centerline of Edsall Road to the centerline of South Whiting Street; thence northward along the centerline of South Whiting Street to the centerline of Stevenson Avenue; thence westward along the extended centerline of Stevenson Avenue to the western city boundary established January 1, 1973; thence northward along the western city boundary to the centerline of the Henry G. Shirley Memorial Highway; thence northward along the centerline of the Henry G. Shirley Memorial Highway to the point of beginning.

The voting place for Landmark Center Election District shall be Landmark Center, located at 5801 Duke Street.

Section 4. That subsection (s) of Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

(s) The Trade Center Election District shall be bounded and described as follows:

Beginning at the intersection of the centerline of South Van Dorn Street and the southern city boundary established January 1, 1973; thence northward along the centerline of South Van Dorn Street to the centerline of Duke Street; thence eastward along the centerline of Duke Street to the centerline of North Paxton Street; thence northward along the extended centerline of North Paxton Street to the centerline of Holmes Run; thence southward along the centerline of Holmes Run to the centerline of Cameron Run; thence eastward along the centerline of Cameron Run to the centerline of Eisenhower Avenue; thence due south to the southern city boundary; thence westward along the southern city boundary to the point of beginning.

The voting place for the Trade Center Election District shall be the Trade Center, located at 300 South Pickett Street.



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Section 5. That Section 2-2-10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (s.1) to read as follows:

(s) The South Port Election District shall be bounded and described as follows:

Beginning at the intersection of the centerline of South Van Dorn Street and the southern city boundary established January 1, 1973; thence westward along the southern city boundary to the western city boundary established January 1, 1973; thence northward along the western city boundary to the centerline of Stevenson Avenue; thence eastward along the centerline of Stevenson Avenue to the centerline of South Whiting Street; thence southward along the centerline of South Whiting Street to the centerline of Edsall Road; thence eastward along the centerline of Edsall Road to the centerline of South Van Dorn Street; thence southward along the centerline of South Van Dorn Street to the point of beginning.

The voting place for the South Port Election District shall be the South Port Apartment Complex, located at 6112 Edsall Road.

Section 6. This ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the changes in the election districts and voting places herein made shall not be implemented until the changes are first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

Introduction: 5/9/95
First Reading: 5/9/95
Publication: 5/10/95; 5/11/95
Public Hearing: 5/13/95
Second Reading: 5/13/95
Final Passage: 5/13/95



33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to include the newly established South Port Election District, or precinct, in the group of precincts which comprise School Board Election District C. (#20 5/9/95) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the ordinance creating a new South Port Election District for the School Board Elections now within School Board Election District C as outlined in the ordinance. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille out of room
Ticer "aye" Rich out of room
Walker "aye"

The ordinance finally passed reads as follows:






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ORDINANCE NO. 3796

AN ORDINANCE to amend paragraph (iii) (DISTRICT C) of subsection (c) (SCHOOL BOARD ELECTION DISTRICTS) of Section 12-1-4 (ELECTION OF SCHOOL BOARD MEMBERS; DATE AND MANNER OF ELECTION), of Chapter 1 (SCHOOL DISTRICT AND SCHOOL BOARD), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 1. That paragraph (iii) of subsection (c) of Section 12-1-4 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

(iii) District C shall be composed of the James K. Polk, Patrick Henry School, Landmark Center, South Port, Trade Center, William Ramsay School and John Adams School precincts.

Section 2. This ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the change in the School Board Election District C herein made shall not be implemented until the change is first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

Introduction: 5/9/95
First Reading: 5/9/95
Publication: 5/10/95; 5/11/95
Public Hearing: 5/13/95
Second Reading: 5/13/95
Final Passage: 5/13/95



WITHOUT OBJECTION, at 12:15 p.m., City Council broke for lunch.

Whereupon, at 12:42 p.m., City Council reconvened the meeting and the following transpired: City Council considered Docket Item No. 16.

16. SUP #95-0041 -- 605-607 KING STREET -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: The Virginia Beverage Company, LP, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Denial 4-3.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/13/95, 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. 16; 5/13/95, and is incorporated herewith as part of this record by reference.)


WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried on a vote of 5-to-2, City Council reversed the Planning Commission and approved the application, subject to compliance with all applicable codes, ordinances and staff conditions with the following changes to the conditions: Condition #5 shall read: "5. The hours of operation shall be limited to between 7:30 a.m. and 12:00 a.m., Sunday through Thursday, and 7:30 a.m. and 1:00 a.m., Friday and Saturday."; deleted Condition #7; Condition #8 shall read: "8. There shall be no service of alcoholic beverages except to seated patrons and up to 12 standees."; Condition #16 shall read: "16. The applicant shall require its employees who drive to use off-street parking, as a condition of employment."; new Condition #17 as follows: "17. The applicant shall implement an incentive program for off-street parking for employees which may include free parking, food discounts, transit subsidies, or carpooling."; condition #18 amended to read as follows: "18. The applicant shall (a) provide one Park Alexandria validation stamp for all patrons with a minimum purchase of $25.00, and two Park Alexandria validation stamps for patrons with a minimum purchase of $40.00; (b) the restaurant shall advertise such parking by posting notice at its restaurant and including such notice in any advertising; (c) shall urge patrons who drive to use participating garages; and added (d) the applicant shall comply with future changes in the Park Alexandria program."; and added Condition #22 to read as follows: "22. The applicant will employ state-of-the-art applications in order to control odors which might emanate from the establishment." The voting was as follows:

Donley "aye" Cleveland "aye"
Euille "aye" Pepper "no"
Ticer "aye" Rich "no"
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 28 at this time.







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28. SUP #95-0032 -- 300 KING STREET -- Public Hearing and Consideration of a request for a special use permit to expand the restaurant dining area into the lower level of the building and to change the hours of operation to remain open later in the evening; zoned CD/Commercial Downtown. Applicant: Wannawuth Damronchai.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 5/13/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the understanding that it is for 120 seats and with the hours stipulated by the Planning Commission. The voting was as follows:

Pepper "aye" Donley "aye"
Euille "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"

17. SUP #95-0003 -- 5901 EDSALL ROAD; 333-431 SOUTH WHITING STREET-- EDSALL TOWNHOUSES -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a 112-unit townhouse cluster development known as "Edsall Road Townhouses." In addition, the applicant is seeking a special use permit to allow lots with private street frontage, tandem parking spaces, and a temporary sales and construction trailer. A modification to increase the amount of paving permitted in yards is requested. The property is zoned RC/Residential. Applicant: Grosvenor Development Company, L.L.C., by Cyril D. Calley, attorney. (#19 4/22/95)

(A copy of the Planning Commission report dated April 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/13/95, and is incorporated herewith as part of this record by reference.

A copy of amendments presented by the applicant is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 5/13/95, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried unanimously, City Council continued the public hearing and deferred action until the May 23, 1995 Legislative Meeting. The voting was as follows:

Euille "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council moved to reconsider Docket Item No. 17. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

THEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing on this item. Staff will report back and respond to the proposed changes offered by the applicant at the May 23, 1995 Legislative Meeting. The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item Nos. 43 and 44 at this point.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

43. Consideration of the Sale of 1114 Princess Street to Habitat for Humanity of Northern Virginia, Inc. (Councilman Euille) (This is not a public hearing item.)

(A copy of the City Manager's memorandum dated May 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 5/13/95, and is incorporated herewith as part of this record by reference.)
(Councilman Euille explained this item.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the sale of the City-owned property located at 1114 Princess Street to Habitat for Humanity of Northern Virginia, Inc. for $30,000 and authorized the City Manager to execute all necessary documents. The voting was as follows:

Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"
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ORDINANCES AND RESOLUTIONS (continued)

44. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to authorize the sale of City-owned land located at 1114 Princess Street to Habitat for Humanity of Northern Virginia, Inc. (This is not a public hearing item.)

(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. 44; 5/13/95, 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. 44; 5/13/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council introduced and passed the ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, May 23, 1995. The voting was as follows:

Walker "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Rich "aye"

WITHOUT OBJECTION, City Council considered Docket Item Nos. 25, 26, and 27 at this time.

25. MASTER PLAN AMENDMENT #94-0003 -- 1200 NORTH PITT STREET -- PITT STREET STATION -- Public Hearing and Consideration of a request for amendment to the Old Town North Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject property from OC/Office Commercial to CDX/Commercial Downtown-Old Town North. Applicant: Ameribanc Savings Bank, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/13/95, and is incorporated herewith as part of this record by reference.)

26. REZONING #94-0007 -- 1200 NORTH PITT STREET -- PITT STREET STATION -- Public Hearing and Consideration of a request for rezoning of the subject property from OC/Office Commercial to CDX/Commercial Downtown-Old Town North, and to remove all existing proffers. Applicant: Ameribanc Savings Bank, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 5/13/95, and is incorporated herewith as part of this record by reference.)







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27. SUP #94-0383 -- 1200 NORTH PITT STREET -- PITT STREET STATION -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a 20-unit residential townhouse development. A special use permit is requested for outlot development, and tandem and compact parking. Modifications to yards and paving in required yards are requested. The property is proposed to be rezoned to CDX/Commercial Downtown-Old Town North. Applicant: Ameribanc Savings Bank, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 5/13/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Pattison's letter dated May 8, 1995, together with Mr. Reisner's letter dated June 15, 1984, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item Nos. 26 and 27; 5/13/95, and is incorporated herewith as part of this record by reference.)

NOTE: Please see pages 31 and 32 of these proceedings for action taken with respect to Item Nos. 25, 26, and 27.

WITHOUT OBJECTION, City Council considered Docket Item No. 18.

18. SUP #95-0049 -- 3700 JEFFERSON DAVIS HIGHWAY -- AIRPARK DCA -- Public Hearing and Consideration of a review of a special use permit for an automobile storage facility; zoned CDD-7/Coordinated Development District, Route 1 Properties. Applicant: AirPark DCA, Inc., by Brad Marx.
COMMISSION ACTION: Recommend Approval 5-1.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/13/95, and is incorporated herewith as part of this record by reference.)


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It was noted that there no speakers on this item; therefore, the public hearing was concluded.

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

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

23. SUP #95-0024 -- 1603 COMMONWEALTH AVENUE -- DEL RAY CAFE -- Public Hearing and Consideration of a request for a special use permit to add entertainment, expand the outdoor dining season, and change the hours of operation of the restaurant; zoned CL/Commercial Low. Applicant: Del Ray Cafe; Bruce Betzel.
COMMISSION ACTION: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/13/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Betzel's letter dated May 11, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 5/13/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, a motion was made by Councilman Euille, seconded by Councilman Cleveland, to approval of the Planning Commission recommendation.

THEREUPON, Vice Mayor Donley offered a friendly amendment to Condition #16 to read: "16. The hours of operation for indoor dining shall be limited to 7:00 a.m. to 11:00 p.m., Sunday through Thursday; and 6:00 a.m. to 12:30 a.m. on Friday and Saturday."; which amendment was accepted.

WHEREUPON, Council returned to the motion made by Councilman Euille, seconded by Councilman Cleveland and carried on a vote of 5-to-2, 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 amendment to Condition #16 to read: "16. The hours of operation for indoor dining shall be limited to 7:00 a.m. to 11:00 p.m., Sunday through Thursday; and 6:00 a.m. to 12:30 a.m. on Friday and Saturday." The voting was as follows:

Euille "aye" Donley "aye"
Cleveland "aye" Pepper "no"
Ticer "aye" Rich "no"
Walker "aye"


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24. TEXT AMENDMENT #95-06 -- MINIMUM YARD REQUIREMENTS -- Public Hearing and Consideration of a text amendment to Section 11-100 of the zoning ordinance (Development Approvals and Procedures; Administration of Ordinance) to add a new provision allowing the Director of Planning and Zoning to reduce minimum yard requirements based on an error in building location, within certain limits. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-1.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/13/95, 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 Vice Mayor Donley and carried unanimously, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

Pepper "aye" Cleveland "aye"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

WITHOUT OBJECTION, City Council considered Docket Item No. 29.
ORDINANCES AND RESOLUTIONS (continued)
29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE for an encroachment into the public sidewalk right-of-way for a bay window at 118 King Street. (#16 5/9/95) [ROLL-CALL VOTE]

WHEREUPON, upon motion by Councilwoman Pepper, 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:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"
ORDINANCE NO. 3797

AN ORDINANCE authorizing the owner of 118 King Street and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way of 118 King Street, in the City of Alexandria, Virginia.

WHEREAS, J. & H. Aitcheson, Inc. is the owner of the property located at 118 King Street in the City of Alexandria, Virginia; and

WHEREAS, J. & H. Aitcheson, Inc. desires to establish and maintain a metal frame bay window approximately 18 feet in length, which will project up to approximately two feet into the public right-of-way at 118 King Street, as shown on the attached undated and untitled plat prepared by Richard Wieboldt & Associates (the "Plat"); and
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WHEREAS, the public right-of-way at that point on 118 King Street will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been reviewed 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; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That J. & H. Aitcheson, Inc. and his successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 118 King Street in the City of Alexandria, as shown in the Plat, said encroachment consisting of a metal frame bay window 18 feet in length and projecting two feet into the public right-of-way, until said encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
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Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

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

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

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

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

Attachment: Plat

Introduction: 5/9/95
First Reading: 5/9/95
Publication: 5/10/95; 5/11/95
Public Hearing: 5/13/95
Second Reading: 5/13/95
Final Passage: 5/13/95







20



21
30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to implement the authority given the city by the 1995 General Assembly to prohibit the possession of open containers of alcoholic beverages on certain types of private property that are open to the public. (#17 5/9/95) [ROLL-CALL VOTE] (Council Member Rich)

(A copy of the City Attorney's memorandum dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 5/13/95, 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 Council Member Rich, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Rich "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Euille "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3798

AN ORDINANCE to amend and reordain Section 13-1-5.1 (POSSESSION OF OPEN OR OPENED RECEPTACLES CONTAINING AN ALCOHOLIC BEVERAGE), of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES) of The Code of the City of Alexandria, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 13-1-5.1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 13-1-5.1 Possession of open or opened receptacles containing an alcoholic beverage.

(a) It shall be unlawful for any person, while in the city, to possess an open or opened receptacle containing an alcoholic beverage (i) in or on any publicly or privately owned park, playground, street, alley, sidewalk or other pedestrian walkway, or parking lot to which the public has, or is permitted to have, access, or (ii) in a motor vehicle located on any such street, alley or parking lot, whether or not such vehicle is moving. Any person violating this section shall be guilty of a class 4 misdemeanor.

(b) Nothing in subsection (a) shall prevent a person from possessing an open or opened receptacle containing an alcoholic beverage (i) in a place licensed by the Virginia Alcoholic Beverage Control Board ("Board") to sell alcoholic beverages at retail for on-premises consumption, (ii) in an area approved by the Board and during an event for which the Board has granted a banquet license or mixed beverage special events license, or (iii) in a public street which has been temporarily closed for a special event pursuant to a permit issued by the director of transportation and environmental services.




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

Introduction: 5/9/95
First Reading: 5/9/95
Publication: 5/10/95; 5/11/95
Public Hearing: 5/13/95
Second Reading: 5/13/95
Final Passage: 5/13/95



31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to create an 18-member Alexandria Emergency Medical Services Council. (#18 5/9/95) [ROLL-CALL VOTE]

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

Euille "aye" Donley "aye"
Pepper "aye" Cleveland "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3799

AN ORDINANCE to add a new Article J (EMERGENCY MEDICAL SERVICES COUNCIL) to Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, on November 27, 1973, the city council established by resolution a 17-member Emergency Medical Services Council to upgrade the city's emergency medical transportation system, to plan and develop training programs for rescue personnel, to develop a medical communications network and a city disaster plan, and to make recommendations to city council with respect to these matters; and

WHEREAS, between 1973 and 1995, the original Emergency Medical Services Council was restructured by city council resolution on five separate occasions, and the number of members increased to 29; and

WHEREAS, on April 11, 1995, the city council voted to replace the existing 29-member Emergency Medical Services Council with a new, restructured 18-member Council, having the same purposes as the existing Council, and requested the city attorney to prepare an ordinance providing for the new Council; now therefore,







23

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4, Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Article J to read as follows:
ARTICLE J
Emergency Medical Services Council

Sec. 2-4-85 Creation, composition and organization.

(a) There is hereby established a committee known as the Emergency Medical Services Council (the "council").

(b) The council shall consist of 18 voting members, four of whom shall be ex officio members and 14 of whom shall be appointed by city council. The four ex officio members shall be the city manager or a designee of the manager, the fire chief, the director of the fire department's emergency medical services division, and an emergency rescue technician selected from among the city's emergency rescue technicians by his peers, through a voting process established by the fire chief. The 14 members of the council to be appointed by city council shall be as follows:

(2) One representative of the Alexandria Medical Society who has privileges at Alexandria Hospital;

(3) One representative of the Emergency Nurses Association from Alexandria Hospital;

(4) One representative of the hospital administration at Alexandria Hospital;

(5) One representative of the Federation of Civic Associations;

(6) One representative of the Alexandria Condominium Association;

(9) One representative of the providers of private ambulance services in the city;

(10) One representative of nursing homes located in the city; and

(c) The members of the council who are to be appointed by city council shall be appointed in the manner prescribed in article A of this chapter; provided, that members who are a representative of an organization or group shall be nominated by the organization or group and appointed by city council. Such members shall be appointed to two-year terms and shall be eligible for reappointment without limitation; provided, that one-half of the initial appointed members shall serve for a one-year term, and the remaining one-half of the initial appointed members shall serve for a two-year term. The terms of the initial appointed members shall be determined by lot at the first meeting of the council.

Sec. 2-4-86 Functions, powers and duties; officers; meetings; staff assistance.

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(a) The functions of the council shall be to advise the city council with respect to the following:

(1) the provision of training to emergency rescue technicians, including training to enable such personnel to progress to coronary care technicians with appropriate technical capabilities;

(2) the acquisition of appropriate therapeutic and record keeping equipment to correspond with the level of training and expertise of emergency rescue technicians;

(3) the provision of a medical communications network which may fit into a regionalized plan;

(4) applications to various grant sources for funding for planning and implementation of the emergency medical services program;

(5) disaster planning, including arrangements for communications and assistance with neighboring communities, coordination with local hospitals, and provision of a disaster vehicle with appropriate supplies and communications and other equipment; and

(6) such other matters as the city council or the city manager may refer to the council, or the council, with the concurrence of the manager, may consider on its own initiative.

(b) The council is empowered to adopt rules and regulations with respect to the procedures of its meetings and similar matters, including the establishment of committees through which it may carry on its functions, so long as such rules and regulations are not inconsistent with any provisions of this code or other law.

(c) The council chair, vice-chair and secretary shall be elected annually by the members of the council at its first meeting of the calendar year.

(d) The council shall hold at least four regular meetings each year, and as many special meetings as it may deem advisable.

(e) Notwithstanding any provision of this chapter to the contrary, the executive secretary, as defined in section 2-4-2 of this code, shall not be required to provide any administrative assistance or resources to the council.

Section 2. That the appointments of the current members of the Emergency Medical Services Council be, and the same hereby are, vacated, and those members wishing to serve on the council being established by this ordinance may apply for a new appointment.

Section 3. That Resolutions Nos. 262, 325, 839, 1084, 1383 and 1407 be, and the same hereby are, rescinded.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 5/9/95
First Reading: 5/9/95
Publication: 5/10/95; 5/11/95
Public Hearing: 5/13/95
Second Reading: 5/13/95
Final Passage: 5/13/95



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34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend sections 11-509 and 11-511 of the Zoning Ordinance by repealing the sunset provisions under which administrative authority to make minor amendments to special use permits expires on March 19, 1995; to amend section 2-154 of the Zoning Ordinance to amend the definition of "height of building"; and to amend section 4-503 of the Zoning Ordinance to add drive-through banks on Washington Street as a use that is allowed in the CD zone pursuant to a special use permit. (#21 5/9/95) [ROLL-CALL VOTE]

It was noted that Warren Almquist, 29 East Monroe Avenue, representing Northern Virginia Chapter, AIA, was available to answer questions.

WHEREUPON, upon motion by Councilwoman Pepper, 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:

Pepper "aye" Donley "aye"
Cleveland "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3800

AN ORDINANCE to amend and reordain Section 2-154 (HEIGHT OF BUILDING) of Article II (DEFINITIONS) (TA NO. 95-001), Section 4-503 (SPECIAL USES) under Section 4-500 (CD/COMMERCIAL DOWNTOWN ZONE) of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES) (TA NO. 95-004), and Sections 11-509 (CHANGES IN NATURE OR EXTENT OF PERMITTED USE) and 11-511 (ADMINISTRATIVE APPROVAL OF MINOR CHANGES) under Section 11-500 (SPECIAL USE PERMITS) (TA NO. 95-003), of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-154 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Section 2-154 Height of building.

The vertical distance measured from average finished grade to the highest point of the building, except that:

(A) In the case of a gable or hip roof, height shall be measured to the midpoint between the eaves and the ridge;

(B) For purposes of establishing the setback ratio on the gable end of a building with a gable roof, height shall be measured to the midpoint between the eaves and the ridge;

(C) In the case of a flat roof with a parapet wall which is three feet in height or less, the highest point shall be the roof line;

(D) In the case of a building with ten feet or less horizontal distance between the building setback line and the right-of-way line, height shall be measured from the average finished grade or the curb grade, whichever is less; and
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(E) For treatment of chimneys, flagpoles, steeples, antennas and mechanical penthouses, see section 6-403.

Section 2. That Section 4-503 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding a new subsection (H.1) to read as follows:

(H.1) Drive through facility, limited to banks, savings and loan institutions and credit unions on Washington Street; provided, that access to the drive through facility is solely provided on the exclusive property of the bank, savings and loan institution or credit union offering the drive through facility.

Section 3. That Section 11-509 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Changes in nature or extent of permitted use. For any use that now requires a special use permit, whether or not a special use permit has been granted previously, any change in the nature of the use or any enlargement, extension or increase in the intensity of that use shall require a separate special use permit issued by the city council, unless the change qualifies for administrative approval as a minor change to an approved special use permit under section 11-511.

Section 4. That Section 11-511 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Administrative approval of minor changes. The director is authorized to approve those changes to an approved special use permit which constitute no more than a minimal enlargement or extension of the special use, where the director determines that following requirements are met:

(A) There have been no written or oral complaints that the use is in violation of the zoning ordinance.

(B) At the time the special use permit was approved, no opposition was presented to the planning commission or the city council by persons speaking at a public hearing or submitting written comments.

(C) The proposed changes do not involve an increase in the intensity of the use. An increase in the following, without limitation, would typically constitute an increase in intensity of use:

(D) In addition to publishing newspaper notice of the proposed changes, the director has notified the planning commission and each docket subscriber under section 11-304, and no person, including a planning commission member, has requested that the proposal be docketed for consideration by the planning commission.

(E) The changes are so insignificant that they will have little or no zoning impact on the adjacent properties or the neighborhood.

(F) No new conditions and no amendments to existing conditions are necessary.


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Section 5. That Sections 2-154, 4-503, 11-509 and 11-511 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 6. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning ordinance, except as may be provided in Article XII of said ordinance.

Introduction: 5/9/95
First Reading: 5/9/95
Publication: 5/10/95; 5/11/95
Public Hearing: 5/13/95
Second Reading: 5/13/95
Final Passage: 5/13/95



WITHOUT OBJECTION, City Council considered Docket Item Nos. 19, 20 and 21 at this point.

NOTE: Docket Item Nos. 19, 20 and 21 were considered together and under one motion.

19. MASTER PLAN AMENDMENT #94-0004 -- 3200-3306 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: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/13/95, and is incorporated herewith as part of this record by reference.)

20. REZONING #94-0008 -- 3200-3306 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: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/13/95, and is incorporated herewith as part of this record by reference.)







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21. 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: Recommend Approval 7-0.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/13/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved Item Nos. 19, 20, and 21 as follows:

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

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

21. 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 to delete condition #17 and amend condition #29.

The voting was as follows:

Euille "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Walker "aye"

22. SUP #94-0393 -- 4600 WEST BRADDOCK ROAD -- STONEGATE -- Public Hearing and Consideration of a request to amend the Stonegate development special use permit, with site plan, for townhouse development on parcel C, with outlot development, tandem parking, and more than eight units in some rows. Modifications to open space, yard requirements and lot widths are requested. The property is zoned CDD #5/Coordinated Development District (Stone Tract). Applicant: Pulte Home Corporation, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated May 2, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/13/95, and is incorporated herewith as part of this record by reference.




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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. 22; 5/13/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Cleveland and Council Member Rich 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:

Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Rich "aye" Euille "aye"
Walker "aye"

At 4:00 p.m., it was noted that Council Member Rich left the meeting.

At this point, City Council returned to consider Docket Item Nos. 24, 25 and 26. Please see pages 15 and 16 of these proceedings for discussion relating to these items.


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25. MASTER PLAN AMENDMENT #94-0003 -- 1200 NORTH PITT STREET -- PITT STREET STATION -- Public Hearing and consideration of a request for amendment to the Old Town North Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject property from OC/Office Commercial to CDX/Commercial Downtown-Old Town North. Applicant: Ameribanc Savings Bank, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0.

26. REZONING #94-0007 -- 1200 NORTH PITT STREET -- PITT STREET STATION -- Public Hearing and Consideration of a request for rezoning of the subject property from OC/Office Commercial to CDX/Commercial Downtown-Old Town North, and to remove all existing proffers. Applicant: Ameribanc Savings Bank, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0.

COMMISSION ACTION: Recommend Approval 7-0.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved Docket Item Nos. 25, 26 and 27 as follows:

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

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

27. City Council approved the Planning Commission recommendation, as amended and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and to amend condition #19 and the added conditions #35, #36 and #37, and with new condition #38 to read as follows: "38. A serpentine wall and landscaping shall be constructed by the Canal Way Homeowners Association and the applicant shall make a contribution of $18,568 to the Canal Way Homeowners Association for the purpose of constructing the serpentine wall and [any associated] landscaping, in accord with the agreement reached between the representatives of the Assocation and the applicant, as reflected in the record of today's proceedings; provided, that this agreement is approved by the Canal Homeowners Association." The voting was as follows:

Donley "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Ticer "aye" Rich left meeting
Walker "aye"



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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

35. SUP #95-0016 -- 1320 BRADDOCK PLACE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the business and add the sale of alcoholic beverages to the convenience store; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Un Suk Goodwin.

36. MASTER PLAN AMENDMENT #95-0002 -- 18 and 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

37. REZONING #95-0001 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for rezoning of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

38. SUP #95-0050 -- 2500-3200 BUSINESS CENTER DRIVE -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for a special use permit to remove a lot from the area covered by previously approved special use permits (SUP #2288-A and SUP #2289-C); zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Deferred 7-0.

COMMISSION ACTION: Deferred 7-0.

40. SUP #95-0047 -- 621 SOUTH FAYETTE STREET -- Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RB/Residential. Applicant: Isabella Tate.

41. STREET NAME #95-01 -- Public Hearing and Consideration of a change of the street name of the segment of North Pickett Street immediately south of Braddock Road to "Ivor Lane".

42. SUP #95-0038 -- 701 NORTH HENRY STREET -- ALEXANDRIA LIGHTING & SUPPLY -- Public Hearing and Consideration of a request for a special use permit for two storage trailers; zoned CSL/Commercial Service Low. Applicant: Alexandria Lighting and Supply, by Ellen Rydell

WITHOUT OBJECTION, City Council noted the deferrals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 4:10 p.m., the Public Hearing Meeting of Saturday, May 13, 1995, was adjourned. The voting was as follows:

Donley "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich left meeting
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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