Public Hearing Meeting
Saturday, April 13, 1996 - - 9:30 am
* * * * *
Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of City Council William C. Cleveland, William D. Euille, David G. Speck, and Lois L. Walker
Absent: Council Member Lonnie C. Rich.
Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Mr. Brannan, Assistant City Manager; Mr. Caton, Legislative Director; Ms. Hansen, Deputy Director of Housing; Mrs. Godwin, Director of Management and Budget; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Brownstein, Landscape Architect; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Cox, Urban Planner, Planning and Zoning; Mr. Eiffert, Director of Agency on Aging; Fire Chief Hawkins; Police Chief Samarra; Mr. Semonian, Clerk of Circuit Court; Ms. Lineberry, Secretary of Electoral Board; and Lieutenant Kaluta, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
- Prior to the beginning of the Meeting, Councilman-elect Speck was sworn in as Councilman. Julie Lineberry, Secretary of the Electoral Board, certified to the election results, and Edward Semonian, Clerk of Circuit Court, gave the Oath of Office.
OPENING
1. Calling the Roll.
The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present except Council Member Rich.
2. Public Discussion Period.
(a) Stephen Smith, 3011 Meeting Street, Falls Church, VA, representing the Science Center of Northern Virginia, gave an overview of what the Science Center is all about. The Science Center of Northern Virginia is an educational non-profit corporation in Virginia that wants to bring a full-service science and cultural center to Northern Virginia, but more particularly to the City of Alexandria. A slide presentation was given of the proposed science center. They are starting to explore the possibilities of locating the center in Alexandria.
(b) Jonas Neihardt, 725 South Pitt Street, representing the All-Tunnel Alliance, thanked Council for its advocacy on behalf of Alexandria on the issue of the Woodrow Wilson Bridge and tunnel controversy.
(c) Ben Brown, 810 South Lee Street, representing the All-Tunnel Alliance, also thanked the Council for its support. He spoke to the costs of the Monitor-Merrimac Tunnel which is located in Newport News, VA. He indicated that the Design Center has been requested to get them comparables on the last eight reasonably and similarly-scaled tunnels because they think there is an enormous discrepancy in the figures that are being published.
Vice Mayor Pepper requested the City Manager to arrange for the Council to see a film on the I-90 completion project which Mr. Brown alluded to.
Mayor Donley stated at a recent meeting he attended with City staff, David Keever from the Coordinating Committee, and David Gendell from the Federal Highway Administration, with respect to these issues and thought that there was some consensus reached that (1) the construction time periods which were stated at the coordinating committee last month to be 12 years are grossly inaccurate, which was a concern; (2) due consideration and study will be given to the cost elements relative to a ten-lane option as opposed to a twelve-lane option, one that would not necessarily include dedicated HOV facilities which he believes will dramatically reduce the costs; and (3) they have been asked to look at differing construction methodology. Mr. O'Kane and his staff will promote the Alexandria position.
(d) John Chapman Gager spoke.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-14)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 7, 8, 10, 11, 12, and 13 from the Action Consent Calendar.
3. SUP #95-0182 -- 40 SOUTH INGRAM STREET -- Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned R-2-5/Residential. Applicant: Rose M. Stokes.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/13/96, and is incorporated herewith as part of this record by reference.)
4. SUP #96-0023 -- 1116-1/2 PRINCESS STREET -- Public Hearing and Consideration of a request for a special use permit for reduction of the required off-street parking and for a reduction of the RB zone open space requirement for a proposed single-family detached building; zoned RB/Residential. Applicant: Habitat for Humanity of Northern Virginia, Inc., by Kimberlee Rhodes Cornett.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/13/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. Lynn's memorandum dated April 9, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 4/13/96, and is incorporated herewith as part of this record by reference.)
5. SUP #96-0025 -- 2385 SOUTH DOVE STREET -- Public Hearing and Consideration of a request for a special use permit for a wholesale business; zoned OCM-50/Office Commercial Medium. Applicant: Cigars of Honduras, Inc.; Robert A. Hayman.
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/13/96, and is incorporated herewith as part of this record by reference.)
COMMISSION ACTION: Recommend Approval 7-0
6. SUP #96-0028 -- 1611 COMMONWEALTH AVENUE -- Public Hearing and Consideration of a review of a special use permit for commercial school for martial arts; zoned CL/Commercial Low. Applicant: Won Jang, t/a OSA-Alexandria.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/13/96, and is incorporated herewith as part of this record by reference.)
-- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an awning; zoned CD/Commercial Downtown. Applicant: Charles M. and John E. Elliott, by Capital Canopies, Inc.; Jacqueline A. Miller.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/13/96, and is incorporated herewith as part of this record by reference.)
14. SUP #96-0027 -- 1850 DUKE STREET (1800 BLOCK JAMIESON AVENUE) -- CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to the Carlyle special use permit to allow a drive-through facility and to change the design guidelines and standards for Block E in order to construct a bank facility; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation; Robert H. Shorb, Jr.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/13/96, 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 Councilman Euille and carried unanimously by all those present, City Council approved Docket Item Nos. 3, 4, 5, 6, 9, and 14, of the Action Consent Calendar as presented. Docket Item Nos. 7, 8, 10, 11, 12, and 13 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.
9. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
14. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Walker "aye" Pepper "aye"
Euille "aye" Cleveland "aye"
Donley "aye" Rich absent
Speck "aye"
7. SUP #96-0030 -- 701 SOUTH VAN DORN STREET -- VULCAN MATERIALS COMPANY -- Public Hearing and Consideration of a review of a special use permit for a concrete recycling facility; zoned I/Industrial. Applicant: Vulcan Materials Company.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/13/96, and is incorporated herewith as part of this record by reference.)
(Councilman Euille asked a question with respect to Condition #16.)
WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and to amend Condition #19. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich absent
Donley "aye" Speck "aye"
Walker "aye"
8. SUP #96-0032 -- 205 NORTH BRECKENRIDGE PLACE -- PLANET PLACE TOWNHOUSES -- Public Hearing and Consideration of a request for extension of an approved special use permit, with site plan, for a 65-unit residential townhouse development; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Wanagan 0. Hairabedian, by William A. Fogarty.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/13/96, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilwoman Pepper spoke to the condition of the fence on this property. She also stated that there was litter everywhere. Code Enforcement was requested to go take a look at this sight for code violations and to assure that the code is being complied with.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, 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" Euille "aye"
Cleveland "aye" Rich absent
Donley "aye" Speck "aye"
Walker "aye"
10. SUP #95-0213 -- 1217 FIRST STREET -- ALEXANDRIA AUTO --Public Hearing and Consideration of a review of a special use permit for an automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Alexandria Auto Repair.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/13/96, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Euille asked questions of Transportation and Environmental Services Director O'Kane with regard to Condition #20.)
WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a vote of 5-to-1, 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" Cleveland "no"
Pepper "aye" Rich absent
Donley "aye" Speck "aye"
Walker "aye"
11. SUP #96-0018 -- 106 NORTH LEE STREET -- PORTSIDE -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Robin E. Travers, t/a The Perfect Pita.
COMMISSION ACTION: Recommend Approval 7-0
(General Discussion. Councilman Speck asked questions of Planning and Zoning Director Lynn with respect to hours of operation and seating. Transportation and Environmental Services Director O'Kane responded to questions regarding trash.
Councilman Speck spoke to the consistent violation of this particular piece of property on trash in the alley.
Staff will take a look at the other special use permits for the other businesses that are located at Portside with respect to the condition relating to trash and garbage.
City Manager Lawson stated with regard to the bags of trash in the alley that they are required to have trash containers. She will have Code Enforcement go out to talk with them and if it is not addressed they will be cited.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously by all those present, 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 absent
Walker "aye"
12. SUP #96-0019 -- 106 SOUTH UNION STREET -- OLSSON'S BOOKS & RECORDS -- Public Hearing and Consideration of a request for a special use permit for a restaurant (coffee bar); zoned CD/Commercial Downtown. Applicant: Bell Enterprises, Inc., by Ted W. Bell.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
John Chapman Gager spoke on this item.
Councilman Speck requested a clarification of Condition #5 with respect to the use of the word holiday. The word "Federal" was recommended to be inserted in Condition #5.)
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 4-to-1, 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 amended Condition #5 to read as follows: "5. The hours of operation shall be limited to (hours) 9:00 a.m. to 10:00 p.m., Sunday through Thursday, and 9:00 a.m. to midnight, Friday, Saturday and on Federal holidays. (P&Z) The voting was as follows:
Speck "aye" Pepper out of room
Walker "aye" Cleveland "no"
Donley "aye" Rich absent
Walker "aye"
13. SUP #96-0024 -- 118 KING STREET -- SMALL MALL -- Public Hearing and Consideration of a request for a special use permit for a restaurant (food carts); zoned CD/Commercial Downtown. Applicant: Marc A. Trupp.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/13/96, and is incorporated herewith as part of this record by reference.)
(General Discussion. Councilman Speck asked if this special use permit was replacing the carts that were going to be on the waterfront behind the Torpedo Factory.
Planning and Zoning Deputy Director Ross responded to the questions raised. Planning and Zoning Director Lynn also responded.)
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously by all those present, 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 absent
Walker "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
WITHOUT OBJECTION, City Council considered Docket Item No. 33 at this time.
REPORTS OF BOARDS, COMMITTEES AND COMMISSIONS (continued)
Planning Commission (continued)
33. Consideration of a Motion to Rescind the Council Denial of an Application for Special Use Permit #95-0210 for an amusement enterprise (fortune telling) located at 105 South Union Street. (Councilman Euille)
(A copy of the Planning Commission report dated March 5, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 33; 4/13/96, and is incorporated herewith as part of this record by reference.
A copy of an excerpt of the Minutes of March 23, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following person spoke on this item:
John T. Donelan, 125 South Royal Street, representing the applicant, spoke to the previous actions of City Council.)
City Council took no action on this item.
15. Public Hearing and Consideration of Approval of the Reuse Plan for the Public Open Space at Cameron Station.
(A copy of the City Manager's memorandum dated April 10, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 15; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item and spoke in support of a Recreation Center being built at Cameron Station:
Lois Berlin, 1501 Cameron Street, principal, Jefferson-Houston School;
T.J. Manning, 429 Earl Street, PTA President, Jefferson-Houston School;
Cynthia Wheeler, 6182 Edsall Road, #115, PTA Board Member, Jefferson-Houston School;
Deidre Green, 8 South Van Dorn Street, #405, PTA Vice President, Jefferson-Houston School;
Pam Walkup, 1562 Mount Eagle Place, PTA Treasurer, Jefferson-Houston School;
Patrice Green, 8 South Van Dorn Street, #405, student at Hammond Middle School;
Ann Dunn, 3122 Borge Street, speaking on behalf of Melissa Luby, Jefferson-Houston PTA;
Elizabeth J. Weaver, 5340 Holmes Run Parkway, #911;
Warda Shamshad, 6132 Edsall Road, #302, student;
Hilda Maldonado, 328 South Whiting Street, #A-2, student;
Reg Weaver, 5340 Holmes Run Parkway, #911;
Paula Travers, 312 South Whiting Street, #N3, representing Jefferson-Houston PTA, and her children, Michele, Seth, Nicole, and Paul;
Edward Sheehy, 241 Tennessee Avenue, representing the Commission on Aging, spoke for a multi-generational Recreation Center;
Florence L. Price, 3511 Valley Drive, representing the Commission on Aging, also spoke for a multi-generational Recreation Center;
Lois VanValkenburgh, 3512 Halcyon Drive, representing the Commission on Aging and the Senior Center Study Group, also spoke for a multi-generational Recreation Center;
Louis Ferrand, 414 Rucker Place, T.C. Williams Cross Country and Track/Field Boosters, spoke for a multi-use and multi-generational Recreation Center;
Bruce Dwyer, 604 Melrose Street, suggested that the multi-use, multi-cultural recreation facility could be placed at the north end of the east park;
Pat Henning, 5783 Rayburn Avenue, supported a recreation center for both seniors and children;
Julie Crenshaw, 816 Queen Street, representing the Sierra Club, supported a Recreation Center and open space;
Anne Haynes, 310 North Royal Street, representing the Park and Recreation Commission, spoke to the complexity of the testimony and the Commission's meetings on this; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, presented a chart with a suggested plan to get some monies to start moving forward with a facility which could be done modularly.
Council Member Walker requested that when this issue comes back on April 23, that staff provide Council with variations and different costs if Council does go along with Mr. Brenman's proposal and eliminate some of the things. What the cost would be versus how much money we are getting from Greenvest so that we can look at the various alternatives and see what alternatives we have.
Mayor Donley stated that some would be interested in the potential use of the remaining funds towards the initiation of a facility that might be done in phases. What potentially can we do to meet the immediate need, as well with an eye towards long-term-facilities.)
WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council closed the public hearing and deferred action until the Legislative Meeting on April 23. The voting was as follows:
Cleveland "aye" Euille "aye"
Pepper "aye" Rich absent
Donley "aye" Speck "aye"
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
16. SUP #96-0004 -- 3825 MOUNT VERNON AVENUE -- ARLANDRIA SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a restaurant and amusement enterprise (billiard tables and live entertainment); zoned CDD-6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: Fahmi T. Eid, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Denial 4-3
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 16; 4/13/96, and is incorporated herewith as part of this record by reference.
A copy of a letter from the Tenants' Support Committee, dated April 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 4/13/96, and is incorporated herewith as part of this record by reference.
A copy of a letter from the Del Ray Citizens Association dated April 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Bernard Fagelson, 1412 Key Drive, attorney representing the applicant, spoke in support;
Jeff Willis, 502 East Bellefonte Avenue, representing the Del Ray Citizens Association, spoke in support;
Melanie Jones, 3915-B Bruce Street, #306, representing the Arlandria/Chirilagua Housing Cooperative and the Media Project with the Tenants' and Workers' Support Committee, spoke against the special use permit;
Edgard Rivera, 3805 Mount Vernon Avenue, #5, representing the Tenants' and Workers' Support Committee, spoke against;
Nat Robertson, 3914-A Bruce Street, representing the ACCH, spoke against; and
Maria Rodriguez, 3198 Bruce Street, representing residents and TWSC member.
Vice Mayor Pepper asked Mr. Fagelson, attorney for the applicant, to go back in the meantime to kind of look in terms of toning this application down so that it might be acceptable to the neighborhood. He was requested to look at the concerns with respect to the three pool tables, live entertainment, a dance floor and computer video games.
Councilman Euille pointed out a typo in condition #6, in line 4, "7:00 a.m." should be corrected to "7:00 p.m."
Councilman Speck spoke to the number of bar seats, parking and a slight lessening of some of the entertainment aspects.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council held the public hearing and deferred action until the Legislative Meeting on April 23, and suggested that the attorney for the applicant may want to go back and talk with his client about some of the issues raised with respect to the entertainment elements, i.e., dancing, live entertainment and the pool tables. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich absent
Donley "aye" Speck "aye"
Walker "aye"
WITHOUT OBJECTION, City Council considered Docket Item Nos. 17 and 18 together.
17. REZONING #96-0001 -- 700 SOUTH UNION STREET -- FORD'S LANDING -- Public Hearing and Consideration of a request for rezoning of the property to remove existing proffers on the W-1/Waterfront Mixed Use zoned site. Applicant: Eakin/Youngentob Associates, Inc., by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/13/96, and is incorporated herewith as part of this record by reference.)
18. SUP #96-0006 -- 700 SOUTH UNION STREET -- FORD'S LANDING Public Hearing and Consideration of a request for a special use permit, with site plan, for (1) a residential cluster development, (2) increase in height, (3) increase in density, (4) outlot development, (5) marina/docking facility, (6) more than eight townhouses in a row, (7) parking reduction to allow tandem parking, and (8) office sales trailer; zoned W-1/Waterfront Mixed Use. Applicant: Eakin/Youngentob Associates, Inc., by Jonathan P. Rak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 18; 4/13/96, 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. 2 of Item No. 18; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on these items:
Jonathan Rak, 3110 Fairview Park Drive, Suite 1400, Falls Church, VA, representing the applicant, spoke in support;
Robert Gants, 103 Pommander Walk, representing Pommander Walk Citizens Association, spoke in support with the request that the development have its own parking district;
Frances T.H. (Terry) Hallihan, 104 Pommander Walker, spoke in support with the limitation that residents of this new development not be entitled to District 1 parking permits;
Jonathan Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke; a copy of the views of the Old Town Civic Association is on file in the office of the City Clerk and Clerk of Council, and made a part of Exhibit No. 2 of Item No. 18; and
John Chapman Gager spoke.
Bob Youngentob, 1000 Wilson Boulevard, Rosslyn, VA, applicant, answered questions.
Members of City Council, Transportation and Environmental Services Director O'Kane, and Assistant City Attorney Pessoa participated in the discussion on this item.
Councilwoman Pepper requested an item to be docketed addressing the parking problem in this area in some way.
Councilman Speck stated that before we specifically look to this project, staff should be asked to do an analysis of the implications of doing this for all of the other similar projects. We do need to identify to the developer and the prespective residents whether there is going to be an issue associated with parking. Staff was requested to do a broad review right away and then see what the implications are for this specific project.
Staff will determine if this should be a docketed item or have a work session on it.)
17. WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, 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:
Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
18. WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and with amendments to conditions #4, #5, #14, #18 and #33; the deletion of conditions #13 and #16; the additional conditions #67, #68 and #69; and an increase in the maximum permitted height to 42'. The voting was as follows:
Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
19. SUP #96-0016 -- 0 PRINCE STREET-- Public Hearing and Consideration of a request for a special use permit for a docking facility for a boat for tourist lodging; zoned W-1/Waterfront Mixed Use. Applicant: David Conrath.
COMMISSION ACTION: Recommend Approval 4-3
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/13/96, 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. 2 of Item No. 19; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Jonas Neihardt, 725 South Pitt Street, representing the Old Town Civic Association, spoke against this application and indicated that it is precedent-setting;
John Chapman Gager spoke;
Jonathan Wilbor, 310 South Lee Street, spoke against;
Sarita G. Schotta, 104 Prince Street, representing the Alexandria Waterfront Alliance, spoke against; and
David Conrath, 1201 North Royal Street, applicant, spoke in support.
Councilman Speck suggested that this come back to Council in six months to assess the effects and the compliance with the conditions on the special use permit.)
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously by all those present, 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 Conditions #2, and 4 through 11, and added a condition of a six-month review. The voting was as follows:
Speck "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich absent
Walker "aye"
20. SUP #96-0005 -- 4600 DUKE STREET, UNIT #309 -- Public Hearing and Consideration of a request for a special use permit to operate a child care center; zoned RC/Residential. Applicant: Hopkins House, by J. Glenn Hopkins.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 20; 4/13/96, and is incorporated herewith as part of this record by reference.
A copy of the requirements established by the Board of Directors at 4600 Duke, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 4/13/96, and is incorporated herewith as part of this record by reference.)
Councilman Euille stated that he and Councilman Speck are Board Members of the Hopkins House Board of Directors. He checked with the City Attorney, and the City Attorney stated that there is no conflict of interest; therefore, they can participate and vote on this item.
Vice Mayor Pepper stated that she called the Commonwealth's Attorney who has said that she does have the right to vote on this if she wishes; however, he noted that if she does so, she will have to disclose according to Section 2.1-639.14, subparagraph (G) that she is an owner and occupant in this building, and what she owns, with her husband, is an office just off the lobby, as well as a three-bedroom condominium. She stated that she is allowed to vote on this although she has some slight personal or financial interest in this because what she owns is such a small portion of
what the total population there is. Because this does not affect her in any way, she feels that she can be impartial and therefore, she will be participating in this discussion.
(The following persons participated in the public hearing on this item:
J. Glenn Hopkins, 1224 Princess Street, representing the applicant, spoke in support;
Ben Brenman, 4600 Duke Street, #1609, representing the 4600 Duke Board of Directors, spoke in support; and
Pat Henning, 5783 Rayburn Avenue, spoke in support.
Vice Mayor Pepper asked the applicant if they agreed with the conditions set forth by the Board of Directors of 4600 Duke. The applicant stated that they did agree to them.)
WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously by all those present, 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:
Walker "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
21. SUP #95-0169 -- 3699 EISENHOWER AVENUE -- BELL ATLANTIC-- Public Hearing and Consideration of a request for a special use permit to operate a telecommunications facility with monopole and antennas, and to include a modular building; zoned UT/Utilities and Transportation. Applicant: Bell Atlantic NYNEX, by Frank W. Stearns, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/13/96, and is incorporated herewith as part of this record by reference.)
It was noted that Frank W. Stearns, 11320 Random Hills Road, Fairfax, VA, representing the applicant, was available to answer questions.
WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried on a vote of 5-to-0, 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 #2. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye,, Rich absent
Donley "aye" Speck out of room
Walker "aye"
22. SUP #96-0008 -- 3100 NORTH HAMPTON DRIVE; FORD AVENUE --PARK CENTER -- Public Hearing and Consideration of a request for amendment to a special use permit, with site plan, to construct four garden-style apartment buildings; zoned CO/Commercial Office. Applicant: Stone Tract Associations, LP, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 22; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
J. Howard Middleton, 510 King Street, representing the applicant, spoke in support.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, 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 #43, #55, #59 #60, #63, #64, #83 and #93, and the deleted conditions #86 and #87. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich absent
Donley "aye" Speck "aye"
Walker "aye"
23. SUP #96-0026 -- 1509-A LESLIE AVENUE -- Public Hearing and Consideration of a request for a special use permit for a commercial art school and for a reduction of required off-street parking; zoned CSL/Commercial Service Low. Applicant: The Art League, Inc., by Cora J. Rupp, Executive Director.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated April 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/13/96, and is incorporated herewith as part of this record by reference.
A copy of a letter from Mr. Dahlquist dated April 12, 1996, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 2 of Item No. 23; 4/13/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Duncan Blair, P.O. Box 820, representing the applicant, spoke in support.)
WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously by all those present, 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:
Walker "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich, absent
Speck "aye"
ORDINANCES AND RESOLUTIONS
24. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for window awnings at 101 North Columbus Street, in the City of Alexandria. (#16 4/9/96) [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 Speck, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich absent
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3855
AN ORDINANCE authorizing the lessee of the property at 101 North Columbus Street 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 ("Owner") 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 an awning 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 (the "Applicant"), and only the Applicant, be, and the same hereby is, authorized to establish and maintain an encroachment into the public rights-of-way of 101 North Columbus Street and 725-727 King Street in the City of Alexandria, said encroachment consisting of two cornices and five canvas awnings, three of which awnings project approximately 18.64 inches in width over the public sidewalk at 725-727 King Street and extend nine feet, five feet nine inches and 12 feet in length, and two of which awnings project approximately 33.5 inches in width over the public sidewalk at 101 North Columbus Street and extend 12 feet and 16 feet in length, all of which awnings shall be erected to a height of approximately 10 feet above the sidewalk, 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 Applicant 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 Applicant 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 Applicant as named insureds and shall provide for the indemnification of the City of Alexandria and Applicant 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, Applicant 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 Applicant. Nothing in this section shall relieve Applicant 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, Applicant 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 Applicant'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 Applicant 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 Applicant the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Applicant without cost to the city. If Applicant 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 Applicant or owner, and shall not be liable to Applicant or Owner for any loss or damage to the structure of the encroachment caused by the removal.
Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 4/9/96
First Reading: 4/9/96
Publication: 4/10/96; 4/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
25 Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way for a portion of the existing building at 950 North Washington Street, in the City of Alexandria. (#17 4/9/96) [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 Vice Mayor Pepper, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Cleveland "aye"
Speck "aye" Euille "aye"
Donley "aye" Rich absent
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3856
AN ORDINANCE authorizing the owner of 950 North Washington Street, and the owner's successors in title, to maintain an encroachment into the public right-of-way adjacent to 950 North Washington Street, in the City of Alexandria, Virginia.
WHEREAS, the American Academy of Physicians Assistants, Inc. ("Academy"), is the owner of the property located at 950 North Washington Street in the City of Alexandria, Virginia; and
WHEREAS, the Academy owns a four-story office building located on said property, which office building was constructed in 1986; and
WHEREAS, the Academy has recently learned that the existing building encroaches approximately five inches into the public right-of-way adjacent to 950 North Washington Street; and
WHEREAS, the public right-of-way at that point adjacent to 950 North Washington Street is not 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 the American Academy of Physicians Assistants, Inc., and its successors in title (hereafter collectively the "Owner") be, and the same hereby are, authorized to maintain an encroachment into the public right-of-way adjacent to 950 North Washington Street in the City of Alexandria, said encroachment consisting of that portion the exterior wall of the office building located thereon which projects approximately five inches into the public right-of-way, 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 the encroachment described in Section 1 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 million each occurrence
Property Damage: $1 million 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, liability and costs related thereto, including attorney fees, occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed annually with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event that this policy of insurance lapses, is cancelled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to 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 the owner. Nothing in this section shall relieve Owner of her obligations and undertakings required under this ordinance.
Section 3. That by accepting the authorization hereby granted to maintain the encroachment and by so maintaining the encroachment, Owner shall be deemed to have promised and agreed to indemnify and hold 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 pursuant to § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.
Section 7. That the authorization herein granted to 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 that Owner remove 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: 4/9/96
First Reading: 4/9/96
Publication: 4/10/96; 4/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
26. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for outdoor restaurant seating at 823 South Washington Street, in the City of Alexandria. (#18 4/9/96) [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 Speck, seconded by Vice Mayor Pepper and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the substitute ordinance upon its Second Reading. The voting was as follows:
Speck "aye" Cleveland "aye"
Pepper "aye" Euille "aye"
Donley "aye" Rich absent
Walker "aye"
The substitute ordinance reads as follows:
ORDINANCE NO. 3857
AN ORDINANCE authorizing the lessee of the property at 823 South Washington Street to maintain an encroachment into the public right-of-way adjacent to 823 South Washington Street, in the City of Alexandria, Virginia.
WHEREAS, Faccia Luna Pizzeria, L.L.C., is a restaurant leasing the property located at 823 South Washington Street in the City of Alexandria, Virginia; and
WHEREAS, Faccia Luna Pizzeria, L.L.C., plans to open a restaurant at 823 South Washington Street and desires to establish and maintain in front of the restaurant an outdoor seating area that measures approximately 9 by 20 feet and which will encroach into the public right-of-way approximately nine feet; and
WHEREAS the public right-of-way adjacent to the front of 823 South Washington Street is 22 feet wide and 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 Faccia Luna Pizzeria, L.L.C. (the "Applicant") , be, and the same hereby is, authorized to maintain an encroachment into the public right-of-way adjacent to 823 South Washington Street in the City of Alexandria, said encroachment consisting of an outdoor seating area measuring approximately nine feet by 20 feet which projects approximately nine feet into the public right-of-way, 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 Applicant of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the following conditions:
1. The outdoor seating area shall be delineated with a wrought iron fence similar to the fence used around the outdoor seating area at Southside 815 Restaurant, located at 815 South Washington Street.
2. A minimum pedestrian pathway of five feet shall be maintained between the seating area and the curb.
Section 3. That the authorization hereby granted to establish and maintain the encroachment described in Section 1 shall be subject to and conditioned upon Applicant 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 million each occurrence
Property Damage: $1 million each occurrence
This liability insurance policy shall identify the City of Alexandria and Applicant as named insureds and shall provide for the indemnification of the City of Alexandria and Applicant against any and all loss, liability and costs related thereto, including attorney fees, occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed annually with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event that this policy of insurance lapses, is cancelled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Applicant shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of the Applicant. Nothing in this section shall relieve owner of its obligations and undertakings required under this ordinance.
Section 4. That by accepting the authorization hereby granted to maintain the encroachment and by so maintaining the encroachment, Applicant shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Applicant's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 7. That Applicant shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established pursuant to § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.
Section 8. That the authorization herein granted to 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 that Applicant remove the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Applicant without cost to the city. If Applicant 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 Applicant, and shall not be liable to Applicant for any loss or damage to the structure of the encroachment caused by the removal.
Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.
Introduction: 4/9/96
First Reading: 4/9/96
Publication: 4/10/96; 4/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
27. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to vacate seven feet of the public street right-of-way at 931 Powhatan Street, in the City of Alexandria. (#19 4/9/96) [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 Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance, as amended, upon its Second Reading by substituting the Plat dated April 4, 1996. The voting was as follows:
Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
The ordinance, as amended, reads as follows:
ORDINANCE NO. 3858
AN ORDINANCE to vacate a portion of the public right-of-way at 931 Powhatan Street, consisting of total land area of 4,190 square feet running adjacent to Powhatan Street.
WHEREAS, Lawrence N. Brandt, Inc. ("Applicant"), has applied for the vacation of a portion of the public right-of-way at 931 Powhatan Street, consisting of a total land area of 4,190 square feet, running adjacent to Powhatan Street; and
WHEREAS, the public right-of-way to be vacated by this ordinance is shown on the attached plat of vacation, dated April 4, 1996 (the "Plat") (attached hereto); and
WHEREAS, the vacation of this portion of the public right-of-way at 931 Powhatan Street has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and
WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and
WHEREAS, the city's real estate assessor has determined that the fair market value of the public right-of-way to be vacated by this ordinance is $500.00; and
WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that, as a condition of this vacation, the public right-of-way to be vacated by this ordinance be purchased by the Applicant for $500.00; and
WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the Applicant's agreement to comply with the conditions set forth below and the condition that it purchase the public right-of-way to be vacated by this ordinance for $500.00, the Council of the City of Alexandria has concluded that the public right-of-way is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the public right-of-way at 931 Powhatan Street, consisting of total land area of 4,190 square feet, as shown on the Plat, be, and the same hereby is, vacated.
Section 2. That this vacation is subject to the Applicant complying with the condition that it purchase the above-described public right-of-way for $500.00 and with each of the conditions set forth below:
1. Easements for all public and/or private utilities, including sanitary sewers, existing within the vacation area are hereby reserved.
2. At the corner of Powhatan and Second Street the entire public sidewalk shall be installed within the public right-of-way.
3. The area along North Washington Street shown on the Plat shall be dedicated to the city for public street purposes.
Section 3. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment of $500.00 referenced in section 2 above, and such receipt is noted on the face of the ordinance prior to its recordation.
Section 4. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.
Section 5. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.
Section 6. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until payment of $500.00 has been made to the city by the Applicant and the conditions set forth above in paragraph 3 of section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the payment noted above has been made to the city and the conditions set forth in section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of LAWRENCE N. BRANDT, INC., and such recordation shall be done by the Applicant at his own expense.
Attachment: Vacation Plat
Introduction: 4/9/96
First Reading: 4/9/96
Publication: 4/10/96; 4/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
28. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to change the zoning designation of the property at 931 Powhatan Street from RB/Residential to OCM-50/Office Commercial Medium, with a proffer restricting development to a proposed townhouse. (#20 4/9/96) [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 Council Member Walker 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" Pepper "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich absent
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3859
AN ORDINANCE to amend and reordain the "Official Zoning Map, Alexandria, Virginia" adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning a portion of the property at 931 Powhatan Street from RB/Residential Zone to OCM-50/Office Commercial Medium Zone, subject to a proffer (RZ No. 95-010), in accordance with the said zoning map amendment heretofore approved by city council.
WHEREAS, the City Council of the City of Alexandria finds and determines that:
1. An application has been made by Lawrence N. Brandt, Inc., to amend the zoning of a portion of the property known as 931 Powhatan Street (Zoning Map and Tax Map Parcel No. 54.02-04-01) from RB/Residential Zone to OCM-50/Office Commercial Medium Zone with a proffer.
2. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 54.02 of the "Official Zoning Map, Alexandria, Virginia, " adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:
A portion of the property known as 931 Powhatan Street (Zoning Map and Tax Map Parcel No. 54.02-04-01), as shown on the plat entitled "Rezoning Plat of Tax Map Parcel 54.02-04-1" dated November, 1995, attached hereto and incorporated herein by reference.
FROM: RB/Residential Zone
TO: OCM-50/Office Commercial Medium Zone
Subject, however, to the following proffer:
The applicant proffers that the rezoning from RB to OCM-50 zone is hereby conditioned upon development of the site in conformance with the development plan submitted for approval herewith.
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, Alexandria, Virginia"
Section 3. That Sheet No. 54.02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
Attachment: Rezoning Plat
Introduction: 4/9/96
First Reading: 4/9/96
Publication: 4/10/96; 4/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
29. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to revise the CDD guidelines for the property located at 5010 Duke Street (Cameron Station), in the City of Alexandria. (#21 4/9/96) [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 Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3860
AN ORDINANCE to amend and reordain the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment previously adopted by city council to such small area plan chapter as Master Plan Amendment No. 95-006, and no other amendments, and to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendment.
WHEREAS the Council of the City of Alexandria finds and determines that:
1. In Master Plan Amendment No. 95-006, an application has been made to amend the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to change the Coordinated Development District (CDD) guidelines for Cameron Station.
2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
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 the Chapter entitled Cameron Station, Development with a Special Use Permit, of the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to read as follows:
1. At least 70 acres shall be developed for residential uses.
2. There shall be a mix of housing types to include townhouses, garden apartments, mid-rise and a mix of sizes to include 1, 2 and 3 bedroom units and efficiencies.
3. Up to 2,510 housing units are permitted; 10% of the units shall be affordable to low and moderate income families.
5. [Reserved].
6. Up to 30,000 square feet of retail shall be permitted.
Public Open Space/Recreation
7. At least 50.5 acres shall be maintained for Public Open Space/Recreation.
8. All areas currently used for Open Space/Recreation shall be dedicated, including the area east of First Street, picnic areas, Backlick Run Greenway and the western baseball field. If the U.S. Government conveys the 50.5 acres to the city, this requirement shall be considered to be satisfied; if not, then this property shall be dedicated to the city.
9. The 50.5 acres dedicated to Public Open Space/Recreation shall be developed in accordance with a plan approved by city council; the developer shall contribute up to 3.5
million in 1992 dollars for such improvements. The developer will not be required to contribute any other public open space.
10. There should be a direct connection to the Home Depot Shopping Center from the site.
11. The developer may be required to contribute to the improvement of the Edsall/Pickett Streets intersection.
12. If a transportation linkage is required by the city connecting the Van Dorn Metro Station to the Cameron Station property, then the developer shall provide the necessary right-of-way on the property.
13. The concrete culvert structure that bridges Backlick Run at the southern end of the site shall be removed.
14. Heights are limited to 45 feet along Duke Street and First Street, except two buildings up to 55 feet at the entrance to the development from the park road in order to accommodate first floor retail; to 55 feet at the center of the area; and to 77 feet along the railroad tracks, with a limited number of buildings to 120 feet along the southern portion of the site.
Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan amendment as part of the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.
Section 3. That the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.
Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 4/9/96
First Reading: 4/9/96
Publication: 4/10/96; 4/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
30. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to revise the CDD guidelines for the property at 5010 Duke Street (Cameron Station), in the City of Alexandria. (#22 4/9/96) [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 Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3861
AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICT) of Article V (MIXED USE ZONES), (TA No. 96-003 and RZ No. 95-007) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That paragraph (9) of Section 5-602(A) (Table 1) (Coordinated Development Districts) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
CDD
No. | CDD Name | Without a CDD Special Use Permit | With a CDD Special Use Permit |  | |
| | | Maximum F.A.R. and/or development levels | Maximum Height | Uses |
| 9 | Cameron Station | R-8 zone regulations apply | Up to 2,510 residential units and up to 30,000 square feet of retail space on 97 acres | 45 feet along Duke Street and First Street, except two buildings up to 55 feet at the entrance to the development from the park road, to 55 feet at the center of the area, and to 77 feet along the railroad tracks, with a limited number of buildings to 120 feet along the southern portion of the site | Residential, retail, open space |
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, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, in conformity with the sketch plan entitled "REZ #95-0007," dated February 6, 1996, and attached hereto and incorporated herein by reference.
Section 3. That Section 5-602, and the "Official Zoning Map, Alexandria, Virginia," as amended by this ordinance, 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, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review, and shall apply to all such applications which may be filed after such date and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.
Mayor
Attachment: Rezoning sketch plan
Introduction: 4/09/96
Firrst Reading: 4/09/96
Publication: 4/10/96; 04/11/96
Public Hearing: 4/13/96
Second Reading: 4/13/96
Final Passage: 4/13/96
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (31-32)
31. SUP #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: Deferred 7-0
32. SUP #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: Deferred
WITHOUT OBJECTION, City Council noted the deferrals.
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously by all those present, at 2:35 p.m., the Public Hearing Meeting of Saturday, April 13, 1996, was adjourned. The voting was as follows:
Cleveland "aye" Pepper "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich absent
Speck "aye"
APPROVED BY:
_________________________________
KERRY J. DONLEY MAYOR
ATTEST:
_______________________________
Beverly I. Jett, CMC, City Clerk
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 12:19:24 PM
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