Public Hearing Meeting
Saturday, May 18, 1996 - - 9:30am
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Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, William D. Euille, Lonnie C. Rich, David G. Speck, 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. Gitajn, Director of Financial and Information Technology Services; Mr. Pessoa, Assistant City Attorney; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Davis, Director of Housing; Fire Chief Hawkins; Mr. Hughes, Acting Director of Code Enforcement; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Smith, Urban Planner III, Planning and Zoning; and Sergeant Hazel, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present, with Councilman Euille arriving at 9:35 a.m., and Vice Mayor Pepper arriving at 9:40 a.m.
2. Public Discussion Period.
(a) Douglas Wood, 912 South St. Asaph Street, suggested that employees who work in the downtown area should have parking permits to park in specific zoned areas.
Mayor Donley stated that Council had looked at that issue as part of the deliberations and consideration of staff recommendations relating to parking in Old Town. He explained some of the concerns raised at that time.
The City Manager was requested to take his comment and the next time that Council considers a report from the City Manager regarding parking, she can consider it and comment on it.
(b) Julie Crenshaw, 816 Queen Street, representing Environmental groups, spoke about Alexandria's Earth Day festivities. She spoke to some serious consideration for the quality of life on the West End. She asked what can Alexandria list next year as achievements for enhancement of Alexandria's ecological integrity and love our earth.
(c) John Chapman Gager spoke.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-14)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item No. 3 from the Consent Calendar.
4. SPECIAL USE PERMIT #96-0031 -- 209 MADISON STREET -- OLD TOWN ATHLETIC CLUB -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of a health club; zoned OCM-50/Office Commercial Medium. Applicant: Michael K. Myers; Old Town Athletic Club.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/18/96, and is incorporated herewith as part of this record by reference.)
5. SPECIAL USE PERMIT #96-0036 4646 SEMINARY ROAD --FRANCIS C. HAMMOND MIDDLE SCHOOL Public Hearing and Consideration of a request for a special use permit for portable buildings for classroom and office use; zoned R-8/Residential. Applicant: Alexandria City School Board, by Larry H. Gilbertson.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/18/96, and is incorporated herewith as part of this record by reference.)
6. SPECIAL USE PERMIT #96-0037 -- 2912 DUKE STREET -- JIFFY LUBE GARAGE -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of an automobile repair garage; zoned CG/Commercial General. Applicant: Duke Street Lubrication, Inc., by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/18/96, and is incorporated herewith as part of this record by reference.)
7. SPECIAL USE PERMIT #96-0040 -- 333 NORTH FAIRFAX STREET, SUITE #303 -- Public Hearing Consideration of a request for a special use permit to operate a massage establishment and request for reduction of the required off-street parking; zoned CD/Commercial Downtown. Applicant: Alexandria Myotherapy Inc., by Sandra S. Levy.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/18/96, and is incorporated herewith as part of this record by reference.)
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8. SPECIAL USE PERMIT #96-0041 -- 5310 EISENHOWER AVENUE, BAY #2 -- Public Hearing and Consideration of a request for a special use permit to operate a light automobile repair garage; zoned OCH/Office Commercial High. Applicant: Georgia Dimitras.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/18/96, and is incorporated herewith as part of this record by reference.)
9. SPECIAL USE PERMIT #96-0044 -- 901 WYTHE STREET -- CHARLES HOUSTON RECREATION CENTER -- Public Hearing and Consideration of a request for a special use permit to intensify a noncomplying preschool; zoned POS/Public Open Space. Applicant: Alexandria Community Network Preschool, by Barbara Mason, director.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/18/96, and is incorporated herewith as part of this record by reference.)
10. SPECIAL USE PERMIT #96-0046 -- 1251 NORTH QUAKER LANE; 3410 KING STREET -- LEXUS OF ALEXANDRIA -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of an automobile sales and leasing facility; zoned CG/Commercial General. Applicant: LEXUS of Alexandria, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/18/96, and is incorporated herewith as part of this record by reference.)
11. SPECIAL USE PERMIT #96-0020 -- 1106 KING STREET -- LE GAULOIS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating to an existing restaurant; zoned CD/Commercial Downtown. Applicant: Shama Restaurant Corporation, by Bernard Baudrand.
COMMISSION ACTION: Approved 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/18/96, and is incorporated herewith as part of this record by reference.)
12. SPECIAL USE PERMIT #96-0038 -- 1215 FIRST STREET -- Public Hearing and Consideration of a request for a special use permit to maintain temporary storage trailers; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Fitzgerald Commercial Movers, by Patrick D. Fitzgerald.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/18/96, and is incorporated herewith as part of this record by reference.)
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13. SPECIAL USE PERMIT #96-0045 -- 2300 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit for expansion of a restaurant (coffee shop); zoned CL/Commercial Low. Applicant: Scott Mitchell, by Gaver Nichols, architect.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/18/96, and is incorporated herewith as part of this record by reference.)
14. SPECIAL USE PERMIT #96-0066 -- 314 SOUTH COLUMBUS STREET -- DIP URBAN RENEWAL SITE -- Public Hearing and Consideration of a request for a special use permit amendment to remove land from the Dip Urban Renewal special use permit; zoned RM/Residential. Applicant: Dip Limited Partnership, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/18/96, and is incorporated herewith as part of this record by reference.)
19. TEXT AMENDMENT #96-06 -- FENCES IN FRONT YARDS -- Public Hearing and Consideration of an amendment to Section 7-1700 of the Zoning Ordinance to change the regulation of fences in second front yards on corner properties. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. Colley's letter dated May 10, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated May 15, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 3 of Item No. 19; 5/18/96, and is incorporated herewith as part of this record by reference.)
25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to revise the City's regulations governing pawnbrokers and dealers in secondhand articles by (1) restricting the number of pawnshops that may operate in the City to a maximum of four, (2) requiring separate licenses for pawnshop businesses and pawnshop employees, (3) broadening the list of grounds for refusing to issue a permit or license to pawnbrokers and dealers in second-hand articles, (4) establishing a formal license and permit revocation process, (5) extending the mandatory holding period for pawned items from 15 to 30 days, and (6) adopting various regulations set out in the Virginia Code. (#19 5/14/96) [ROLL-CALL VOTE]
(A copy of the City Clerk's memorandum dated May 12, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/18/96, and is incorporated herewith as part of this record by reference.)
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ORDINANCES AND RESOLUTIONS (continued)
30. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to re-establish the Environmental Policy Commission by ordinance, and amend the composition of the commission by changing three designated memberships to citizen-at-large memberships.
(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 5/18/96, 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's marked Exhibit No. 2 of Item No. 30; 5/18/96, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item No. 3 which was considered under separate motion, noted the deferral of Docket Item Nos. 19 and 25, and included Docket Item No. 30 as part of the Action Consent Calendar. The Planning Commission recommendations are as follows:
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.
8. 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, and the amended Conditions #2 and #7.
10. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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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.
13. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the amended Condition #19.
14. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
19. City Council noted the deferral of this item. Staff to refer to Board of Zoning Appeals.
25. City Council noted the deferral of this item. This is to be docketed in June.
30. City Council introduced and passed the Ordinance on its First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, May 28, 1996.
END OF ACTION CONSENT CALENDAR The voting was as follows:
Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
3. SPECIAL USE PERMIT #96-0021 -- 1623 DUKE STREET -- TABLE TALK RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of a restaurant; zoned OCH/Office Commercial High. Applicant: Mostafa Movahed, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 4-0-1
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. Lynn's memorandum dated April 26, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 3, 13, 17, and 18; 5/18/96, and is incorporated herewith as part of this record by reference.)
(Councilman Speck asked questions concerning the restaurant conditions for trash and garbage. Planning and Zoning Director Lynn and Transportation and Environmental Services Director O'Kane responded to his questions.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor 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:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker "aye"
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
15. Public Hearing on and Consideration of a Petition to Create a Community Development Authority for Cameron Station.
(A copy of the City Manager's memorandum dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/18/96, and is incorporated herewith as part of this record by reference.
Material pertaining to this item from the developer is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 15; 5/18/96, and is incorporated herewith as part of this record by reference.
Communications pertaining to 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; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Stephen Colangelo, 1199 North Fairfax Street, representing the developer, spoke in support;
Lawrence D. Schubnell, Legg Mason Public Finance, Baltimore, MD, representing the developer, spoke in support;
Members of City Council, City Manager Lawson, and Financial and Information Technology Services Director Gitajn participated in dialogue with Mr. Colangelo and Mr. Schubnell;
(A copy of Mayor Donley's remarks stated for the record regarding questions of Mr. Schubnell about his analysis is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item.)
Donald Ashbaugh, 555 Quince Orchard Road, Gaithersburg, MD, representing NVR, Inc., spoke in support;
Pam St. Clair, 21 West Linden Street, representing the League of Women Voters, spoke against;
Jack Sullivan, 4300 Ivanhoe Place, spoke against;
Charles W. Linderman, 512 Putnam Place, Vice Chair, Alexandria School Board, spoke against;
Converse West, 200 North Pickett Street, spoke against;
John Groom, 2500 North Van Dorn Street, #1606, spoke against;
N.R. Rosen, 400 Madison Street, #1308, representing Alexandria House Condominium Association, spoke against;
Joe Fischer, 512 North Quaker Lane, representing Seminary Hill Association, spoke against;
Patricia A. Hennig, 5783 Rayburn Avenue, #262, spoke against;
Reginald C. Foster, 3117 Circle Hill Road, representing the Budget and Fiscal Affairs Advisory Committee, spoke against;
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Greg Tsoucalas, 4000 Forth Worth Avenue, representing the Community Committee of the Seminary Ridge Civic Association, spoke against; and
David Reid, 916 North Paxton Street, spoke against.
Stephen Colangelo offered his rebuttal.
Further Discussion. Members of City Council participated in the discussion.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried on a vote of 6-to-1, City Council approved the City Manager's recommendation that we reject this petition to create a Community Development Authority for Cameron Station. The voting was as follows:
Pepper "aye" Cleveland "no"
Rich "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
Planning Commission (continued)
16. SPECIAL USE PERMIT #95-0217 -- 2706-2754 DUKE STREET -- LAND ROVER DEALERSHIP -- Public Hearing and Consideration of a request for a special use permit, with site plan, to develop the property for an automobile sales and service dealership facility; zoned CG/Commercial General. Applicant: The Great Experiment, LLC, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Duncan W. Blair, P. O. Box 820, Alexandria, representing the applicant, spoke in support of the application and explained that the additional conditions in his letter dated May 8, 1996, were to be included in the Planning Commission recommendation.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker 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, with the addition of the conditions as stated in the letter dated May 8, 1996, from Duncan Blair to William Hurd. The voting was as follows:
Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
17. SPECIAL USE PERMIT #96-0039 -- 631 KING STREET -- GRIND N' BREW CAFFEE -- Public Hearing and Consideration of a request for a special use permit to add the sale of alcoholic beverages for a restaurant; zoned CD/Commercial Downtown. Applicant: Dennis W. Grogan.
COMMISSION ACTION: Recommend Approval 4-0-1
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(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of the Old Town Civic Association's letter dated May 15, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 5/18/96, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a vote of 6-to-1, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #10. The voting was as follows:
Euille "aye" Cleveland "no"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
18. SPECIAL USE PERMIT #96-0057 -- 3112 MOUNT VERNON AVENUE -- THE CALVERT BUILDING -- THE FUN FACTORY -- Public Hearing and Consideration of a review of a special use permit and to expand the hours of operation of an existing restaurant and amusement enterprise; zoned RC/Residential. Applicant: Funny Bizness, Inc., by Patrick J. Walsh.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Jerry Terlitsky, representing the applicant, spoke in support of the application.
Vice Mayor Pepper requested staff to continue to work on the removal of the concrete supports in the parking lot.)
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker 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"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
20. SPECIAL USE PERMIT #96-0047 -- 110 SOUTH FLOYD STREET -- LINDSAY CADILLAC COMPANY -- Public Hearing and Consideration of a request for a special use permit to operate a general automobile repair garage and vehicle storage lot; zoned I/Industrial. Applicant: Lindsay Cadillac Company, by J. Howard Middleton, Jr.,attorney.
COMMISSION ACTION: Recommend Approval 6-0
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(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Howard Middleton, 510 King Street, representing the applicant, spoke in support; and
Dianna Ritchey, 3942 Vermont Avenue, expressed concerns about this application.
William Skrabak, Environmental Quality Manager, answered questions regarding paint odors.
General Discussion. Members of City Council participated in the discussion.
Howard Middleton, attorney for the applicant, stated the following:
(1) This facility will be for the use of the Lindsay Dealerships only, and possibly on contract with another dealership if they are interested in the business, but not a public garage. It will not be open for retail customers coming and leaving the site. This affords greater control over the use of the site and arriving and departing.
(2) The paint booth will be state-of-the-art. After the painting of the cars in the booth, they will remain within the building, rather than go directly from the booth to the outside. This will cut back considerably on any possible emissions of odor from the paint booth.
(3) Related to that, there will be three steps, or three cycles of air filtration, two within the booth and one outside the booth.
(4) The door on the north side, which is the side nearest Vermont Avenue, will be sealed and not used.
(5) The cars parked for repair will be located at the far end of the lot away from Floyd Street and not within view of the public.
(6) The lot will be striped, kept clean and the building will be painted.
Mr. Middleton stated that the six-month review will come back to the Planning Commission and the City Council. In response to a question from Council Member Rich, he stated that if this is not working because of odors or something detrimental environmentally to the citizens, they would not interpose an economic distress argument. This booth is portable and could be taken some place else.
Staff was requested to check Bevis Motors for fumes.)
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WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland 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 and the amended Condition #3 and the added Conditions #21 and 22. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
21. SPECIAL USE PERMIT #96-0048 -- 1313-1333 NORTH QUAKER LANE -- FAIRLINGTON SHELL STATION -- Public Hearing and Consideration of a request for a special use permit to add a car wash facility to an automobile service station and request for a temporary trailer; zoned CG/Commercial General. Applicant: Alishan Inc., t/a Fairlington Shell, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend denial of car wash 6-0;
Recommend Approval of temporary trailer 6-0
(A copy of the Planning Commission report dated May 9, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 21; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of the North Ridge Citizens' Association letter dated May 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of a petition from the customers of Fairlington Shell is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 3 of Item No. 21; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Cyril D. Calley, 307 North Washington Street, representing the applicant, spoke in support of this application;
Jeffrey Cohen, 1738 Osage Street, spoke against;
Rich Cooper, 1805 Kenwood Avenue, spoke against;
Robert L. Fricke, 1734 Osage Street, spoke against;
Laurence Mastri, 1734 Osage Street, #303, spoke against; and
Debby Shannon, representing herself and Kingsgate Homeowners Association, spoke against.
Members of City Council participated in the discussion.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the Planning Commission recommendation and approved the request for a temporary trailer, subject to compliance with all applicable codes, ordinances and staff recommendations, and denied the request for a car wash, deleting Conditions #19-24. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
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Board of Architectural Review - Old and Historic Alexandria District -- [CASE BAR-96-0065]
22. Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, Denying a Permit to Demolish the Building at 225 South West Street, Zoned RM, Residential. Applicant and Appellant: Rafat and Shaista Mahmood, by Duncan W. Blair, attorney.
(A copy of the Board of Architectural Review report, together with the appeal, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 22; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of the Old Town Civic Association's letter dated May 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Duncan W. Blair, P. 0. Box 820, Alexandria, representing the appellants, spoke in support of the appeal, and submitted a petition signed by neighbors who are in support of demolition, a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;
John Hynan, 405 South Fairfax Street, representing the Old Town Civic Association and the Historic Alexandria Resources Commission, spoke against the appeal;
Charles L. Trozzo, 209 Duke Street, representing the Historic Alexandria Foundation, spoke against the appeal; and
Edward Luckett, 420 North Alfred Street, representing the Board of Architectural Review, spoke against the appeal, and submitted, for the record, pictures of similar houses, which are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of this item.
Councilman Euille requested that a work session be held during the next session with Council to discuss a change in the BAR appeal procedures.)
WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Councilman Euille to overturn the decision of the Board of Architectural Review and to grant the appeal to allow a permit to be issued to demolish this building.
THEREUPON, a substitute motion was made by Councilman Speck, seconded by Council Member Rich to deny the appeal; which motion FAILED on a vote of 3 "ayes" to 4 "nays". The voting was as follows:
Speck "aye" Pepper "no"
Rich "aye" Cleveland "aye"
Donley "no" Euille "no"
Walker "no"
WHEREUPON, Council returned to the original motion made by Vice Mayor Pepper, seconded by Councilman Euille and carried on a vote of 4-to-3, City Council overturned the decision of the Board of Architectural Review and granted the appeal to allow a permit to be issued to demolish this building. The voting was as follows:
Pepper "aye" Cleveland "no"
Euille "aye" Rich "no"
Donley "aye" Speck "no"
Walker "aye"
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Board of Architectural Review -- Old and Historic Alexandria District -- [CASE BAR-96-0081]
23. Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, Denying a Request for Approval of Revisions to Previously Approved Plans for 505 Prince Street, Zoned RM, Residential. Applicant and Appellant: Mr. and Mrs. Dimitri Papademetriou.
(A copy of the Board of Architectural Review report, together with the appeal, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 23; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. and Mrs. Papademetriou's memorandum dated May 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. Cooper's letter dated May 15, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 23; 5/18/96, and is incorporated herewith as part of this record by reference.
Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 23; 5/18/96, and is incorporated herewith as part of this record by reference.
A copy of a letter from Mr. Neale dated May 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 23; 5/18/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Demetrios G. Papademetriou, 505 Prince Street, spoke in support;
Sigrid Papademetriou, 505 Prince Street, spoke in support;
Robert Bentley Adams, 510 South Fairfax Street, architect representing the appellants, spoke in support;
Ronald Cooper, 507 Prince Street, spoke against the appeal;
Wayne Neale, architect, representing Ronald and Carolyn Cooper, spoke against the appeal;
John Hynan, 405 South Fairfax Street, representing the Old Town Civic Association, spoke against the appeal; and
Edward Luckett, 420 North Alfred Street, representing the Board of Architectural Review, spoke against the appeal.
Members of City Council participated in the discussion.
Councilman Euille stated for the record that he suggested to both parties that they talk about coming today with a compromise, and he offered them something to think about. He offered it separately to the Papademetrious, and he also offered it to the Coopers separately, but what they did with that offer was up to them. He stated that he suspected that there was no offer on the table.)
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WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried on a vote of 4-to-3, City Council reversed the Board of Architectural Review decision and granted the appeal to allow 505 Prince Street plans to go forward. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "no"
Donley "no" Speck "no"
Walker "aye"
ORDINANCES AND RESOLUTIONS
24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for an awning at 604 King Street, in the City of Alexandria. (#18 5/14/96) [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 Euille, seconded by Vice Mayor Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3863
AN ORDINANCE authorizing the owner of the property at 604 King Street to establish and maintain an encroachment into the public right-of-way of 604 King Street, in the City of Alexandria,
WHEREAS, Charles M. and John E. Elliott are the owners of the property located at 604 King Street, in the City of Alexandria, Virginia; and
WHEREAS, Charles M. and John E. Elliott desire to establish and maintain an awning which will encroach into the public right-of-way at 604 King Street; and
WHEREAS, the public right-of-way at that point on 604 King Street will not be significantly impaired by this encroachment; and
WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and
WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Charles M. and John E. Elliott ("Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 604 King Street in the City of Alexandria, said encroachment consisting of a canvas awning projecting approximately three feet in width over the public sidewalk at 604 King Street and extending 20.5 feet in length, which awning shall be erected to a height of approximately 10 feet above the sidewalk, until the
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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 the encroachment shall at all times 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:
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 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.
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, Virginia, 1981, as amended.
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Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.
Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 5/14/96
First Reading: 5/14/96
Publication: 5/15/96; 5/16/96
Public Hearing: 5/18/96
Second Reading: 5/18/96
Final Passage: 5/18/96
26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend section 5-2-29 of the City Code to add provisions regarding encroachments into the City's public rights-of-way that may occur without the enactment of specific authorizing ordinances. (#20 5/14/96) [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 Council Member Walker, seconded by Vice Mayor Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3864
AN ORDINANCE to add a new Section 5-2-29 (STREET ENCROACHMENTS) to Article A (GENERAL PROVISIONS), Chapter 2 (STREETS AND SIDEWALKS) , Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES); to repeal Section 8-1-16 (STREET ENCROACHMENTS) of Article B (MISCELLANEOUS CONDITIONS OF PERMITS), Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS), all of The Code of the City of Alexandria, Virginia, 1981, as amended; and to make conforming amendments to subsection (B) (4) (PROTECTION AND EIGHT OF SIGNS) of Section 9-202 of the City of Alexandria Zoning Ordinance.
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THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Article A of Chapter 2, Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Section 5-2-29, to read as follows:
Sec. 5-2-29 Street Encroachments.
Any encroachment into a public street, alley, sidewalk or other right-of-way may be authorized only by a special ordinance adopted by city council, unless the encroachment is authorized pursuant to one of the following exceptions or is otherwise authorized by this code or the City of Alexandria Zoning Ordinance:
(a) Steps. Steps not more than 12 feet in length, including the required landings, may project beyond the street lot line up to five feet on streets with a right-of-way width of 100 feet or more, up to four feet on streets with a right-of-way width between 66 and 100 feet, up to three feet on streets with a right-of-way width between 50 and 66 feet and, notwithstanding the above, up to 20 inches on Union Street and on King Street between the Potomac River and the R.F.&P. railroad right-of-way. The term "steps" in this subsection includes ramps and similar structures necessary to provide access to the handicapped.
(b) Architectural decorations. Belt courses, lintels, sills, architraves, pediments and similar architectural decorations may project up to four inches beyond the street lot line when less than 10 feet above the curb level, and up to 10 inches beyond the street lot line when 10 feet or more above the curb level.
(c) Signs. A sign may be erected or displayed flat against a building wall or at an angle thereto, so long as the sign does not project more than four feet from the building wall or within one foot of an established curb line and the bottom of the sign is at least eight feet above a sidewalk or parking area and at least 14.5 feet above an alley.
(d) Canopies, awnings and marquees. Canopies, awnings and marquees suspended from a building or structure with no ground supports, having a clearance of at least eight feet above a sidewalk, extending no more than four feet beyond the front property line, and extending to no more than one foot from the established curb line, may be erected, provided that the owner of the canopy, awning or marquee obtains and maintains a policy of general liability insurance in the amount of $1,000,000 which will indemnify the owner (and his or her successors) and the city, as an additional named insured, against all claims, demands, suits, and related costs, including attorney fees, arising from any bodily injury or property damage which may occur as a result of the canopy, awning or marquee.
(e) Nonpermanent planters. Planters which are nonpermanent may be located in a right-of-way subject to the following:
(1) A permanent planter is one which is attached in any permanent manner to a public right-of-way or to a building, building appurtenance or any other structure or which rests on a foundation or substructure other than a sidewalk. A permanent planter requires a building permit and an encroachment ordinance. Above-grade permanent planters located in an historic district also require approval by the board of architectural review.
(2) A nonpermanent planter is a portable container that is light enough to be transported by two people when empty of soil and plants.
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(3) A nonpermanent planter may not project into a public right-of-way more than steps would be allowed to project under subsection (a) above and may not exceed 30 inches in height. There is no limit to the number of planters permitted as long as the conditions of this subsection (e) are complied with and the planters are maintained in good condition.
(4) A nonpermanent planter must be located so as to maintain a path for public travel at least five feet in width at all points, along any adjacent sidewalk.
(5) A permit for a nonpermanent planter must be obtained from the department of transportation and environmental services. The permit application shall include the address of the planter, adequate location drawings, and a sketch, photo or dimensions of the planter. Visual inspection by the director of transportation and environmental services or his designee may be substituted for drawings if the location and description of the planter are recorded on the permit application. After a permit has been granted, it may be revoked and the planter removed from the right-of-way by the director or his designee whenever the applicant fails to comply with any permit conditions. A permit application will be reviewed to determine compliance with the following:
a. The location of the planter shall not unduly obstruct the public right-of-way.
b. The planter shall be of such design and construction, and the contents shall be of such nature, so as not to constitute a nuisance or public hazard.
c. The planter shall be of a design, material and color which are generally recognized as intended for and suitable for the display of plant materials on the public right-of-way in an urban environment and, if located in an historic district, are compatible with the streetscape in the district and are consistent with the applicable design guidelines adopted by the board of architectural review.
d. The owner of the planter shall agree to move the planter whenever the city requires access to the planter location.
Section 2. That Section 8-1-16 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed.
Section 3. That subsection (B)(4) of Section 9-202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Sec. 9-202 Commercial zones.
(4) Projection and height of signs. A sign may be erected or displayed flat against a building wall or at an angle thereto, so long as the sign does not project more than four feet from the building wall or within one foot of an established curb line and the bottom of the sign is at least eight feet above a sidewalk or parking area and at least 14.5 feet above an alley.
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Section 4. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for encroachments into a public right-of-way or for land use, land development or subdivision approval provided for under The Code of the City of Alexandria, Virginia, 1981, as amended, or the City of Alexandria Zoning Ordinance, which applications are on such date 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 Code of the City of Alexandria, Virginia, 1981, as amended, and the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.
Introduction: 5/14/96
First Reading: 5/14/96
Publication: 5/15/96; 5/16/96
Public Hearing: 5/18/96
Second Reading: 5/18/96
Final Passage: 5/18/96
27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend section 11-603 (G) of the City of Alexandria Zoning ordinance to allow perimeter yards to be modified as part of the cluster approval process. (#21 5/14/96) [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 Council Member Walker, 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:
Walker "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3865
AN ORDINANCE to amend and reordain Section 11-603 (CLUSTER DEVELOPMENT LIMITATIONS) under Section 11-600 (CLUSTER RESIDENTIAL DEVELOPMENTS) of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (G) of Section 11-603 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 11-603 Cluster development limitations.
(G) Area requirements. Modification of yard and lot requirements including minimum lot area and widths may be permitted. The yard regulations applicable to any property abutting a residential cluster development shall also be applicable to the exterior boundary of the cluster development
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where abutting unless because of the location or other special circumstance of the cluster or abutting development, no benefit will be served by such a yard requirement. Such modifications and variations must be shown on the cluster development plan.
Section 2. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or submission approval provided for under the City of Alexandria Zoning Ordinance which are on such date 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 the Zoning Ordinance.
Introduction: 5/14/96
First Reading: 5/14/96
Publication: 5/15/96; 5/16/96
Public Hearing: 5/18/96
Second Reading: 5/18/96
Final Passage: 5/18/96
28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to remove existing proffers on the W-1/Waterfront Mixed Use zone of the property located at 700 South Union Street. (#22 5/14/96) [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 Council Member Walker, 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:
Walker "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3866
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 repealing the zoning proffers applicable to the property at 700 South Union Street, in accordance with the zoning map amendment (RZ No. 96-001) 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 700 South Union Street (Zoning Map and Tax Map Parcel No. 81-03-03-01) by repealing the existing proffers applicable to the property;
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2. The said repeal is in conformity with the 1992 Master Plan of the City of Alexandria, as amended; and
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. 81.03 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 repealing, in the manner set forth below, the zoning proffers applicable to the property hereinafter described:
700 South Union (Zoning Map and Tax Map Parcel No. 81.03-03-01), containing approximately 10 acres of land area, as shown on the sketch plan entitled "REZ No. 96-0001," dated April 2, 1996, attached hereto and incorporated herein by reference.
FROM: The proffered W-1/Waterfront Mixed Use zoning adopted by Ordinance No. 3337 on November 19, 1988, which zoning is hereby repealed.
TO: The W-1/Waterfront Mixed Use zoning adopted as part of the comprehensive rezoning in 1992.
Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the "Official Zoning Map of Alexandria, Virginia."
Section 3. That Sheet No. 81.03 of the "Official Zoning Map of 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
Introduction: 5/14/96
First Reading: 5/14/96
Publication: 5/15/96; 5/16/96
Public Hearing: 5/18/96
Second Reading: 5/18/96
Final Passage: 5/18/96
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29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to repeal Ordinance No. 3855 and to authorize an encroachment into the public right-of -way for bay windows, awnings and a cornice at 101 North Columbus Street and 725-727 King Street, in the City of Alexandria. (#33 5/14/96) [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 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:
Cleveland "aye" Pepper "aye"
Rich "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3867
AN ORDINANCE to repeal Ordinance No. 3855 and to authorize the lessee of the property at 101 North Columbus Street, and its successors and assigns, to establish and maintain an encroachment into the public right-of-way of 101 North Columbus Street and 725-727 King Street, in the City of Alexandria, Virginia.
WHEREAS, the Virginia Tech Foundation is the owner of the property located at 101 North Columbus Street in the City of Alexandria, Virginia; and
WHEREAS, Bertucci's Restaurant Corporation leases the building located at 101 North Columbus Street from the Virginia Tech Foundation; and
WHEREAS, Bertucci's Restaurant Corporation desires to establish and maintain bay windows, awnings and a cornice which will encroach into the public right-of-way at 101 North Columbus Street and at 725-727 King Street; and
WHEREAS, the public right-of-way at that point on 101 North Columbus Street and 725-727 King Street will not be significantly impaired by this encroachment; and
WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and
WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Bertucci's Restaurant Corporation, and its successors, reversioners and assigns (collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of 101 North Columbus Street and 725-727 King Street in the City of Alexandria, said encroachment consisting of (a) two cornices projecting a maximum of 18 inches from the facade of the building at 101 North Columbus Street into the right-of-way along the entire frontage on King Street and North Columbus Street, (b) five canvas awnings projecting a maximum of 24 inches from the building facade, approximately 10 feet above the right-of-way, for
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the lengths of 9 feet, 5 feet, 9 inches and 12 feet along King Street, and 12 feet and 16 feet along North Columbus Street, and (c) five bay windows projecting a maximum of 24 inches from the facade of the building into the right-of-way, for the lengths of 15 feet, 6 feet, 6 inches, and 10 feet along King Street and 18 feet, 6 inches and 21 feet along North Columbus Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
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 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.
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, Virginia, 1981, as amended.
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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 or to the owner of the property at 101 North Columbus for any loss or damage to the structure of the encroachment caused by the removal.
Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 5/14/96
First Reading: 5/14/96
Publication: 5/15/96; 5/16/96
Public Hearing: 5/18/96
Second Reading: 5/18/96
Final Passage: 5/18/96
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (31-37)
31. TEXT AMENDMENT #96-07 -- ROOFTOP SCREENING WAIVER -- Public Hearing and Consideration of an amendment to Section 6-403(B) of the Zoning Ordinance to provide for a waiver of the rooftop screening requirement. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Deferred 5-0
32. CITY CHARTER SECTION 9.06; CASE #96-02 -- 3701, 3965, 4001 EISENHOWER AVENUE -- Public Hearing and Consideration of a proposal by the City of Alexandria for the sale of property to Washington Metropolitan Area Transit Authority (WMATA), with a surface easement to the City of Alexandria to retain the property for park use, pursuant to the provisions of Section 9.06 of the City Charter. Applicant: Washington Metropolitan Area Transit Authority, by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred 5-0
33. TEXT AMENDMENT #96-08 -- OUTDOOR SALES IN CD ZONE --Public Hearing and Consideration of an amendment to Section 4-507(A) of the Zoning Ordinance to provide for outdoor sales within an arcade in the CD zone with a special use permit. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Withdrawn by staff
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34. MASTER PLAN AMENDMENT #96-0003 -- 2425 MILL ROAD; 2000 EISENHOWER AVENUE; HOOFF'S RUN DRIVE -- HOFFMAN SITE -- Public Hearing and Consideration of an amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from OCH/Office Commercial High and CDD-1/Coordinated Development District, Duke Street to CDD-2/Coordinated Development District, Eisenhower Avenue, and request a change to the CDD-2/Eisenhower Avenue guidelines to decrease the proportion of residential use required. Applicant: Hoffman Family Limited Partnership, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Deferred (applicant's request)
35. REZONING #96-0004 -- 2425 MILL ROAD; 2000 EISENHOWER AVENUE; HOOFF'S RUN DRIVE -- HOFFMAN SITE -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from OCH/Office Commercial High and CDD-1/Coordinated Development District, Duke Street to CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Family Limited Partnership, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Deferred (applicant's request)
36. SPECIAL USE PERMIT #96-0029 -- 2700 JEFFERSON DAVIS HIGHWAY -- KABUL CAFE -- Public Hearing and Consideration of a review of a special use permit for a restaurant with carry-out service, entertainment and off-street parking reduction; zoned I/Industrial. Applicant: Qasim Abbasi; Kabul Cafe.
COMMISSION ACTION: Deferred (improper notice)
37. SPECIAL USE PERMIT #96-0043 -- 317 EAST BRADDOCK ROAD -- Public Hearing and Consideration of a request for a special use permit for temporary trailers for environmental remediation of the land at 700 Mount Vernon Avenue; zoned CL/Commercial Low. Applicant: Apex Environmental, Inc., by Thomas Oh.
COMMISSION ACTION: Deferred (improper notice)
END OF THE DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, at 4:55 p.m., the Public Hearing Meeting for Saturday, May 18, 1996, was adjourned. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
APPROVED BY:
___________________________________
KERRY J. DONLEY 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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Original Author: Anonymous
Date Entered: 01/02/1997 06:47:09 PM
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