Meeting Minutes for Public Hearing Meeting (09/16/1995)

Public Hearing Meeting
Saturday, September 16, 1995 - - 9:30 am

* * * * *

Present: Mayor Patricia S. Ticer, Vice Mayor Kerry J. Donley, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.

Absent: Councilman William D. Euille.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans Assistant City Manager; 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. Johnson, Division Chief, Planning and Zoning; Mr. Brannan, Assistant City Manager; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Mr. Smith, Board of Architectural Review Staff; Ms. Hansen, Deputy Director of Housing; Fire Chief Hawkins; Police Chief Samarra; and Sergeant Hazel, Police Department.

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

OPENING

Mayor Ticer called the Meeting to Order, and the City Clerk called the Roll; all Members of Council were present except Councilman Euille.

2. Public Discussion Period.

(a) John Chapman Gager spoke during this period.

NOTE:

PRIOR TO CONSIDERATION OF THE CONSENT CALENDAR,

CITY COUNCIL MADE MOTIONS ON DOCKET ITEM NOS. 33,

36 THROUGH 40, 47, AND NOTED THE WITHDRAWAL OF

DOCKET ITEM NO. 49.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
33. SUP #95-0093 -- 201 CAMBRIDGE ROAD -- BISHOP IRETON SCHOOL -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct an addition for auditorium and classroom use and to construct additional off-street parking for the existing school. The property is zoned R-8 and R-C/Residential. Applicant: The Most Reverend John R. Keating, Bishop, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0
1

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated September 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's letter dated September 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 33; 9/16/95, and is incorporated herewith as part of this record by reference.

Copies of communications received, together with a petition containing 86 signatures, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 33; 9/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council noted the deferral of this item until the October 14, 1995 Public Hearing Meeting. The voting was as follows:

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

Walker "aye"

36. MASTER PLAN AMENDMENT #95-0002 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#29 6/27/95; #27 6/17/95)

COMMISSION ACTION: Recommend Approval 6-0.

37. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Taylor Run/Duke Street Small Area Plan of the 1992 Master Plan of the City of Alexandria by changing the land use designation of the property at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial. (#30 6/27/95; #28 6/17/95)

38. REZONING #95-0001 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for rezoning of the subject properties from CG/Commercial General to Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#31 6/27/95; #29 6/17/95)

COMMISSION ACTION: Recommend Approval 6-0.

39. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to rezone the property located at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial. (#32 6/27/95; #30 6/17/95)

40. SUP #95-0050 -- 2500-3200 BUSINESS CENTER DRIVE ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for a special use permit to remove a lot from the area covered by previously approved special use permits (SUP #2288-A and SUP #2289-C) ; zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#33 6/27/95; #31 6/17/95)

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of Mr. Rak's letter dated September 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 36, 37, 38, 39, and 40; 9/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council noted the deferral of these items to the Public Hearing Meeting on November 18, 1995. The voting was as follows:

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

47. CHARTER SECTION 9.06 -- CASE #95-02 -- 314 SOUTH COLUMBUS STREET -- Public Hearing and Consideration of a proposal by the City of Alexandria to acquire property located at 314 South Columbus Street for the construction of an alley and parking spaces within the DIP urban renewal area pursuant to the provisions of Section 9.06 of the City Charter. Staff: City of Alexandria, Department of Planning and Zoning.

It is recommended that this item be withdrawn.

(A copy of the City Manager's memorandum dated September 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 47; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 47; 9/16/95, 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. 3 of Item No. 47; 9/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council noted the withdrawal of this item. The voting was as follows:

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

Board of Architectural Review - Old and Historic District

49. Public Hearing on and Consideration of two appeals of decisions of the Board of Architectural Review, Old and Historic District, as follows:

CASE BAR-95-94

(b) CASE BAR-95-80 -- Granting, as amended, a Certificate of Appropriateness for approval of a one-story rear addition and alterations to the residence at 505 Prince Street, zoned RM, Residential. Applicant: Robert Bentley Adams.
BOARD ACTION: Approved, as amended, 4-0

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item 49 (a-b); 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated June 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 49 (a-b); 9/16/95, and is incorporated herewith as part of this record by reference.)

City Council noted that the appellant, Mr. Cooper, stated that the parties were in agreement and he wanted to withdraw these appeals.

WITHOUT OBJECTION, City Council noted the withdrawal of these items.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR
Planning Commission (3-32)

WITHOUT OBJECTION, City Council removed Docket Item Nos. 6, 7, 8, 17, and 29 from the Consent Calendar and considered them under separate motions.

3. SUP #95-0075 -- 428-A HUME AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant with a reduction in the required off-street parking; zoned CSL/Commercial Service Low. Applicant: Agha Raza Ali.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated July 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/16/95, and is incorporated herewith as part of this record by reference.)

4. ENCROACHMENT #95-0006 -- 225 NORTH FAIRFAX STREET -- Public Hearing and Consideration of a request for encroachment into the public street right-of-way for planter boxes; zoned CD/Commercial Downtown. Applicant: Philip S. Brady.
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated July 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/16/95, and is incorporated herewith as part of this record by reference.)

5 ENCROACHMENT #95-0007 -- 311 NORTH SAINT ASAPH STREET --Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for planter boxes; zoned RM/Residential. Applicant: John and Joyce Hartnett.

COMMISSION ACTION: Recommend Approval 6-0.

(A copy of the Planning Commission report dated July 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/16/95, and is incorporated herewith as part of this record by reference.)

9. SUP #95-0057 -- 815 NORTH ROYAL STREET; 800-824 NORTH FAIRFAX STREET; 301 MADISON STREET; 300-320 MONTGOMERY STREET --THE MONTGOMERY CENTER -- Public Hearing and Consideration of a review of a special use permit for a range of special uses and reduction in required off-street parking; zoned CRMU-X/Commercial Residential Mixed Use, Old Town North, Applicant: Montgomery Real Estate Corporation.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/16/95, and is incorporated herewith as part of this record by reference.)

10. TA #95-10 -- AMUSEMENT ENTERPRISES -- Public Hearing and Consideration of a text amendment to Section 4-1203 (AA) of the zoning ordinance (Industrial Zone; Special Uses) to add amusement enterprise as a special use. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/16/95, and is incorporated herewith as part of this record by reference.)

11. SUP #95-0092 -- 3500 KING STREET -- MOBIL STATION --Public Hearing and Consideration of a request for a special use permit, with site plan, to redevelop the existing automobile service station to include a convenience store, and for a reduction in required off-street parking. Modifications to yard requirements are requested. The property is zoned CG/Commercial General. Applicant: Mobil Oil Corporation, by Marie B. Travesky, agent.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/16/95, and is incorporated herewith as part of this record by reference.)

12. SUP #95-0086 -- 2754 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit for an automobile washing/cleaning facility; zoned CG/Commercial General. Applicant: Jad Ibrahim.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/16/95, and is incorporated herewith as part of this record by reference.)

13. SUP #95-0098 -- 500-510 NORTH FAYETTE STREET -- Public Hearing and Consideration of a special use permit for a noncomplying automobile repair garage; zoned CRMU-M/Commercial Residential Mixed Use-Medium. Applicant: Automotive Service Garage, Inc., by Dennis Whitestone, Joseph Kelly and Stephen Schwartz.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/16/95, and is incorporated herewith as part of this record by reference.)

14. SUP #95-0099 -- 1321 POWHATAN STREET -- BOSTON COACH --Public Hearing and Consideration of a review of a special use permit for a limousine dispatch and storage business; zoned CSL/Commercial Service Low. Applicant: Boston Coach, Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/16/95, and is incorporated herewith as part of this record by reference.)

15. SUP #95-0100 -- 642 SOUTH PICKETT STREET -- NICK'S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned I/Industrial Applicant: NMC Limited, d/b/a Nick's, Nick J. Dugovich.

COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/16/95, and is incorporated herewith as part of this record by reference.)

16. SUP #95-0090 -- 700 NORTH PATRICK STREET -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a noncomplying beauty shop and barber shop; zoned RB/Residential. Applicant: Frank B. Williams

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/16/95, and is incorporated herewith as part of this record by reference.)

18. SUP #95-0108 -- 318 SOUTH PICKETT STREET -- THE TRADE CENTER -- Public Hearing and Consideration of a request for a special use permit for a commercial school for karate; zoned CDD-8/Coordinated Development District, Trade Center. Applicant: Wendy Carria, by Hans C. Klapproth.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/16/95, and is incorporated herewith as part of this record by reference.)

19. SUP #95-0103 -- 3007 MANNING STREET -- Public Hearing and Consideration of a review of a special use permit for a child care home; zoned RB/Residential. Applicant: Rita Robertson.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/16/95, and is incorporated herewith as part of this record by reference.)

20. ENCROACHMENT #95-0009 -- 312 QUEEN STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a planter; zoned RM/Residential. Applicant: Charlotte J. Millar.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/16/95, and is incorporated herewith as part of this record by reference.)

21. ENCROACHMENT #95-0011 -- 819 CHURCH STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for front entrance steps; zoned RM/Residential. Applicant: Gregory M. Nau.

. COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/16/95, and is incorporated herewith as part of this record by reference.)

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

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/16/95, and is incorporated herewith as part of this record by reference.)

23. SUP #95-0116 -- 4602 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit for an amusement enterprise and restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Capitol Volley, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/16/95, and is incorporated herewith as part of this record by reference.)

24. SUP #95-0109 -- 516 SOUTH VAN DORN STREET, UNIT A, VAN DORN STATION SHOPPING CENTER -- LANDMARK SEAFOOD RESTAURANT --Public Hearing and Consideration of a request for a special use permit to add seating to the existing carry-out restaurant; zoned CG/Commercial General. Applicant: Andy J. Chicas.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/16/95, and is incorporated herewith as part of this record by reference.)

25. SUP #95-0110 -- 35 SOUTH DOVE STREET -- Public Hearing and Consideration of a request for a special use permit for reduction in required off-street parking for any accessory apartment; zoned OCM-50/Office Commercial Medium. Applicant: Duke-Dove Limited Partnership, by David Stefano.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/16/95, and is incorporated herewith as part of this record by reference.)

26. SUP #95-0113 -- 4370 KING STREET - STEAK AROUND RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for a carry-out and delivery restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Steak Around, Inc., by Fred C. McLaughlin.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/16/95, and is incorporated herewith as part of this record by reference.)

27. SUP #95-0114 -- 4370 KING STREET -- STEAK AROUND --RESTAURANT Public Hearing and Consideration of a request for a special use permit for a pylon sign for a restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Steak Around, Inc., by Fred C. McLaughlin.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/16/95, and is incorporated herewith as part of this record by reference.)

28. SUP #95-0115 -- 1708 FERN STREET -- FERN STREET GOURMET --Public Hearing and Consideration of a request for a special use permit to add a carry-out restaurant to a market; zoned CG/Commercial General. Applicant: Fern Street Gourmet, by Geoffrey Romine.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/16/95, and is incorporated herewith as part of this record by reference.)

30. CHARTER SECTION 9.06 CASE #95-03 -- ALEXANDRIA BUSINESS CENTER (CSX PROPERTY) LAND ACQUISITION -- Public Hearing and Consideration of a proposal by the City of Alexandria to acquire property located south of Duke Street, immediately east of South Quaker Lane and adjacent to the Alexandria Transit Company (DASH) Operations facility and the City's Traffic Shop, known as the Alexandria Business Center, CSX site, to be used for the expansion of DASH operations, pursuant to the provisions of Section 9.06 of the City Charter. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Approved 6-0-1

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/16/95, and is incorporated herewith as part of this record by reference.)

31. CHARTER SECTION 9.06 -- CASE #95-05 - - 3600 WHEELER AVENUE (S.J. BELL PROPERTY) -- LAND ACQUISITION - - Public Hearing and Consideration of a proposal by the City of Alexandria to acquire property located at 3600 Wheeler Avenue, and known as the S.J. Bell Property, to be used for storage of materials and supplies by the Department of Transportation and Environmental Services Maintenance and Solid Waste divisions, pursuant to the provisions of Section 9.06 of the City Charter. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Approved 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 9/16/95, and is incorporated herewith as part of this record by reference.)

32. CHARTER SECTION 9.06 -- CASE #95-04 -- BLIGHTING INFLUENCES LIST -- ACQUISITION AND RESALE OF PROPERTIES -- Public Hearing and Consideration of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria, and the possible acquisition and subsequent resale of the following properties:

COMMISSION ACTION: Approved 7-0

(A copy of the Planning Commission report dated September 5, 1995, together with the City Manager's memorandum dated August 18, 1995, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 32; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated September 12, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 32; 9/16/95, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 6, 7, 8, 17, and 29 which were considered under separate motions. The Planning Commission recommendations are as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #2 and #4.

24. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and added condition #13(d).

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

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

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

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

30. City Council approved the recommendation of the Planning Commission and approved the request.

31. City Council approved the recommendation of the Planning Commission and approved the request.

32. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations; and approved the recommendation of the City Manager that City Council (1) approve the additions and deletions of the properties listed on pages 2 and 3 of the City Manager's memorandum dated August 18, 1995, to the currently approved List of Blighting Influences in the Potomac East Conservation District and the Potomac West Neighborhood Strategy Area (NSA) ; (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the three Potomac East and Potomac West properties to be added to the List (as listed on pages 1 and 2 of the City Manager's memorandum dated August 18, 1995) ; (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines; and (4) added the following property to the list of properties proposed for deletion from the List of Blighting Influences. This property is located in the Potomac West Neighborhood Strategy Area: 303 East Glebe Road (Added 3/95).

The voting was as follows:

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

6. SUP #95-0077- - 506 SOUTH VAN DORN STREET, #B -- PAPA JOHN'S PIZZA RESTAURANT- - Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant; zoned CG/Commercial General. Applicant: Papa John's Pizza, by John Rose.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Mark McKechney, representing the applicant, spoke in support, and was available to answer questions.)

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

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

7. SUP #95-0078 -- 5800 EDSALL ROAD -- KLINE INFINITI -- Public Hearing and Consideration of a request for a special use permit to install an additional freestanding sign for the existing automobile sales business; zoned CG/Commercial General. Applicant: James M. Kline; Kline Chevrolet, by Jim Sturniolo; Sign Masters, Inc.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Larry Stansbury, 6101 Edsall Road, representing

General Discussion. Councilwoman Pepper spoke to the landscaping on this property. She would like specifically to hear from the Arborist at some point because at the time we issued this special use permit in 1992, the Arborist had recommended 69,000 square feet of crown cover. Mr. Kline indicated that he was recommending 96,000 square feet of crown cover. Councilwoman Pepper requested staff to follow-up on this as the trees are really a part of the conditions.

Planning and Zoning Director Lynn stated that staff is aware that Mr. Kline is not in compliance and that staff is continuing to work with him. He will be placed clearly on notice about his violation and he will be back before Council in three months.

Transportation and Environmental Services Director 0'Kane explained that condition #27 will not allow Mr. Kline to get a building permit until he is in compliance with primarily the drainage issues and parking lot repairs that we had brought to his attention back in 1993, as well as a number of other things.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and instructed staff, similarly along the lines that Councilwoman Pepper requested, that we really sort of hold the applicant's feet to the fire in terms of what the promises were and the conditions of the previously approved special use permit. The voting was as follows:

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

8. SUP #95-0080 -- 255-257 SOUTH VAN DORN STREET -- SPA LADY HEALTH CLUB -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing health club facility; zoned CG/Commercial General. Applicant: Kasmas Management of Landmark, Inc., by John Masters.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/16/95, and is incorporated herewith as part of this record by reference.)

(General Discussion. Vice Mayor Donley asked questions about whether or not this applicant has a business license.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Walker and carried unanimously by all those present, City Council deferred this item until the next Legislative Meeting on September 26, 1995, until the issue of the business license is satisfied. The voting was as follows:

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

17. SUP #95-0106 -- 5800-5860 FARRINGTON AVENUE -- METALPRO, INC. -- Public Hearing and Consideration of a request for a special use permit for a recycling facility for tire and scrap metal; zoned I/Industrial. Applicant: Metalpro, Inc., by Robert Ward.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Ward's memorandum dated September 16, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following person participated in the public hearing on this item:

Robert Ward, 5800 Farrington Avenue, representing the applicant, spoke in support of an amendment to Condition #18.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #18 to read: "18. All tire handling and storage must be done in compliance with the permit issued by the State Department of Environmental Quality and review by the Alexandria Fire Department." The voting was as follows:

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

29. SUP #95-0117 -- 1401 1/2 KING STREET -- Public Hearing and Consideration of a request for a special use permit for a health clinic for alcohol and drug rehabilitation treatment; zoned CD/Commercial Downtown. Applicant: Kolmac Clinic, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated September 15, 1995, requesting a deferral, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 9/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Walker, seconded by Councilman Cleveland and carried unanimously by all those present, City Council deferred this item to the Public Hearing Meeting on October 14, 1995. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
34. SUP #95-0081 -- 1000 SAINT STEPHEN'S ROAD -- ST. STEPHEN'S AND ST. AGNES SCHOOLS -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct additions to the existing school building, to construct a freestanding auditorium building, and to provide site improvements, including additional parking; zoned R-8/Residential and R-12/Residential. Applicant: Church Schools in the Diocese of Virginia, St. Stephen's and St. Agnes Schools, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/16/95, 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. 34; 9/16/95, 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, 510 King Street, representing the applicant, spoke in support of this application;

William C. Gridley, 4326 Forest Lane, N.W., Washington, D.C., architect representing the applicant, gave a presentation in support of this special use permit;

Patti Woods, Business Manager, St. Stephens and St. Agnes School, answered questions about buses from another school being stored on this campus;

Walter Lander, 1116 St. Stephens Road, expressed concern of the effects that this expansion will have on traffic;

Victoria R. Beam, 3824 Fort Worth Avenue, spoke in support;

Jack Roome, 4018 Fort Worth Avenue, representing four families, expressed concern about the noise that is going to be emanating from this expansion and concerns about the parking; and

Bernard Fagelson, 1735 King Street, representing Seminary Ridge Civic Association, spoke in support of the agreement.

General Discussion. Members of City Council and Transportation and Environmental Services Director O'Kane participated in the discussion.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council member Rich and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, amended conditions #21 and #33, and the added conditions #35 through #39, by adding a condition #40 to read as follows: "40. That there would be an 18-month review of the landscaping to be done by the Planning Director who would submit a brief report to the City Council. This is not to be docketed unless there is a major problem." The voting was as follows:

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

35. SUP #95-0102 -- 4702 RICHMARR PLACE -- Public Hearing and Consideration of a review of a special use permit for a child care home; zoned R-8/Residential. Applicant: Kimberly Jo Patire.

COMMISSION ACTION: Recommend Approval 5-2

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

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #6. The voting was as follows:

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

41. SUP #95-0089 -- 3207 COLVIN STREET Public Hearing and Consideration of a request for a special use permit to install freestanding trailers for storage; zoned I/Industrial. Applicant: Sales & Service, Inc., t/a Joe Hadeed Carpet, by Joseph P. Hadeed.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Helen P. Hall, 3045 Colvin Street, spoke in opposition to this request; and

Janice Shafer, 814 Vassar road, also spoke against this request.

General Discussion. Members of City Council and Planning and Zoning Director Lynn participated in the discussion.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the added condition #7 regarding litter, and added a condition #8 to read as follows: "8. That a six-month review of the application be processed after City Council approval." The voting was as follows:

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

42. SUP #95-0096 -- 3040-3106 COLVIN STREET -- Public Hearing and Consideration of a review of a special use permit for an automobile repair garage and a request to add temporary trailers; zoned I/Industrial. Applicant: Beiro Truck and Tractor Service, by Christopher J. Beiro.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Helen P. Hall, 3045 Colvin Street, spoke against this request; and

Janice Shafer, 814 Vassar Road, spoke against this request.

General Discussion. Members of City Council, Planning and Zoning Director Lynn; and Greg Beiro, applicant's brother, participated in the discussion.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added the following conditions: "15. The hours of operation for this business will be from 7:00 a.m. to 6:00 p.m., Monday through Friday, and from 8:00 a.m. to 2:00 p.m. on Saturday." and "16. At the time that the remaining trailer is to be made permanent, there will be some consultation with the Planning staff with a view towards making the facade look like something other than a trailer." The voting was as follows:

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

43. REZONING #95-0003 -- 2A-16 WEST GLEBE ROAD -- WEST GLEBE GATE -- Public Hearing and Consideration of a request for rezoning to remove a proffer to allow development of residential townhouses; zoned CSL/Commercial Service Low. Applicant: Wilkerson and Associates; Roland Joun.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 9/16/95, and is incorporated herewith as part of this record by reference.)

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

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

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

44. SUP #95-0091 -- 2-16 WEST GLEBE ROAD -- WEST GLEBE GATE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for development of residential townhouses with stacked parking. Modifications to yard and open space requirements are requested. The property is zoned CSL/Commercial Service Low. Applicant: Wilkerson and Associates; Roland Joun.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 9/16/95, and is incorporated herewith as part of this record by reference.)

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

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

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

SUP #95-0111

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 45; 9/16/95, and is incorporated herewith as part of this record by reference.)

General Discussion. Members of City Council and Recreation, Parks and Cultural Activities Director Robinson participated in the discussion.

Staff was requested to contact the Seaport Foundation about the cleanliness of the area and the use of the facility and report back to City Council.)

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

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

46. ENCROACHMENT #95-0010 -- 123 NORTH ALFRED STREET - - CHURCH STREET SQUARE -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for entrance steps; zoned CD/Commercial Downtown. Applicant: Lawrence N. Brandt, by Mark Fields, Holland Engineering.

COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 46; 9/16/95, and is incorporated herewith as part of this record by reference.)

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

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

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review, Old and Historic Alexandria District (continued)

48. CASE BAR - 95-84 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a Certificate of Appropriateness for approval of a replacement gate to be installed at 403 South Fairfax Street, zoned RM, Residential. Applicant: Victoria and Red Cavaney.
BOARD ACTION: Denied 4-0

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 48; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the Caveney's letter dated September 12, 1995, requesting a deferral, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 48; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the Planning and Zoning Director's memorandum dated September 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 48; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the Appeal dated September 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 48; 9/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council deferred this appeal to the Second Legislative Meeting of City Council on October 24, 1995. The voting was as follows:

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

50. CASE BAR-95-106 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a Certificate of Appropriateness for after-the-fact approval of pay telephones installed within the Old and Historic Alexandria District at 919 King Street, 702 King Street, 106 South Washington Street, 324 King Street, and 1016 King Street, all zoned CD, Commercial. Applicant: Quarter Call, Inc.

BOARD ACTION: Denied 6-0

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 50; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the Appeal dated July 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 50; 9/16/95, and is incorporated herewith as part of
this record by reference.)

(General Discussion. Planning and Zoning Director Lynn stated that this is an issue, particularly in the Old Town area where we are getting a proliferation of telephones from many different companies. Given the fact that we are having this proliferation and the fact that many of them are illegal because they are encroaching on the public right-of -way, staff recommends that Council do the following: to allow the company, at least temporarily, to maintain the telephones which are in alcoves; to get them to remove those telephones which are erected illegally on the City right-of-way, which require an encroachment ordinance; and that Council direct staff to set up a Task Force involving all of the various providers to present Council with a strategy for how we want to provide telephone service.

Vice Mayor Donley stated that in the future when the City cites somebody, it should not take a year to act. He stated that, particularly in the old and Historic District, it is highly appropriate that we go ahead and act against things that are intruding into the public right-of -way or do not have a certificate of appropriateness.

Councilwoman Pepper suggested that the concept of moving the telephones inside businesses be discussed by the Task Force.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council deferred this item until the time that the Task Force comes back with a recommendation. The voting was as follows:

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

51. CASE BAR-95-87 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a Certificate of Appropriateness for approval of an addition to be constructed at 910 South Fairfax Street, zoned RM, Residential. Applicant: Sandra Creel-Sullivan.

BOARD ACTION: Denied 6-0

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 51; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of a proffer condition dated August 18, 1995, together with letters in support, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 51; 9/16/95, and is incorporated herewith as part of this record by reference.

Copies of photographs, together with schematics, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 51; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of the Appeal dated July 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 51; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of a petition containing 36 signatures in opposition is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 51; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Robert Bentley Adams, 510 South Fairfax Street, architect representing the applicant, spoke in support;

Philip Marston, 612 South Fairfax Street, spoke in support;

Allen Brownfield, 811 South Fairfax Street, spoke in support;

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support and to a proffer regarding use as a bed and breakfast;

Edward Luckett, 430 North Alfred Street, representing the Board of Architectural Review, Old and Historic District, spoke in opposition;

William C. Thomas, Jr., 1733 King Street, attorney representing adjacent property owner, spoke in opposition to the appeal;

Nan M. Joseph Forbes, 341 West Main Street, Purcellville, VA, spoke against the appeal;

John Swearingen, 919 South Lee Street, spoke in opposition to the appeal;

Bernard Fagelson, 1733 King Street, attorney representing adjacent property owner, spoke in opposition to the appeal.

General Discussion. There was considerable discussion between the Members of City Council, Board of Architectural Review staff person Smith, Attorney Hart, Mr. Swearingen, Attorney Fagelson, Board of Architectural Review representative Luckett, and Assistant City Attorney Pessoa.

Council will retain jurisdiction over the privacy issues that have been discussed here today for the south facade.)

WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried unanimously by all those present, City Council overturned the decision of the Board of Architectural Review, established a committee from the Planning Department, Board of Architectural Review to discuss the privacy issues with both attorneys and the architect and with a right of appeal back to City Council if those issues cannot be worked out. The voting was as follows:

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

Whereupon, at 2:05 p.m., City Council recessed the meeting for lunch.

Thereupon, at 2:28 p.m., City Council reconvened the meeting and the following transpired:

Planning Commission (continued)

52. SUBDIVISION #95-0013 --Public Hearing on and Consideration of an appeal from the decision of the Planning Commission granting a request for subdivision of the property located at 2602 Commonwealth Avenue and 3 West Mount Ida Avenue, Zoned R-2-5, Residential. Applicant: Thomas L. Adams (Alexandria Surveys Inc., engineers).

COMMISSION ACTION: Approved 4-2

(A copy of the Planning Commission report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 52; 9/16/95; and is incorporated herewith as part of this record by reference.

A copy of the Appeal dated June 20, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 52; 9/16/95; and is incorporated herewith as part of this record by reference.

A copy of material from the Doherty's is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 52; 9/16/95; and is incorporated herewith as part of this record by reference.

A copy of a communication dated September 14, 1995, from Olivia Hamilton, president, Del Ray Citizens Association, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 52; 9/16/95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 12, 1995, from Thomas L. Adams, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 52; 9/16/95, and is incorporated herewith as part of this record by reference.

Copies of communications in support of the appeal are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 6 of Item No. 52; 9/16/95, and is incorporated herewith as part of this record by reference.

Copies of communications in opposition of the appeal are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 7 of Item No. 52; 9/16/95, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:

Laurel G. Bryant, 415 East Nelson Avenue, representing Del Ray Citizens Association, spoke in support of the subdivision application and read the restrictive covenant agreed upon between the applicant and the Association's Land Use Committee as follows: "No additional variances will be granted to these properties which would have the effect of increasing their non-conformity.";

W. B. Hurd, chair, Planning Commission, spoke to the action of the Planning Commission;

Nan Bowman, 1601 Lebanon Street, Adelphi, MD, spoke in support of the subdivision as she wishes to purchase 3 West Mount Ida Avenue;

Norman T. Hatch, 206 West Mount Ida Avenue, board member, Del Ray Citizens Association, spoke in support of the subdivision;

Joyce Doherty, 12 West Mount Ida Avenue, architect, spoke in support of the appeal;

Sean Doherty, 12 West Mount Ida Avenue, spoke in support of the appeal;

Marilyn Doherty, 12 West Mount Ida Avenue, spoke in support of the appeal and in opposition to the subdivision;

Thomas L. Adams, One West Mount Ida, applicant, spoke in support of the subdivision and against the appeal.

General Discussion. Members of City Council, City Attorney Sunderland, Zoning and Planning Deputy Director Ross, and Assistant City Attorney Pessoa participated in the discussion.)

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 4-to-2, City Council upheld the Planning Commission approval of the subdivision of the land on Mount Ida Avenue which includes the condition as suggested by the Del Ray Citizens Association [in its memorandum dated September 14, 1995], which is a covenant which would run with the land that "No additional variances will be granted to these properties which would have the effect of increasing their non-conformity.", and added a covenant "for residential use only." The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

53. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to change the name of a portion of North Pickett Street to Ivor Street. (#9 9/12/95) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3818

AN ORDINANCE to amend Section 5-2-62 (CHANGES OF NAMES) of Article C (STREET NAMES), Chapter 2 (STREETS AND SIDEWALKS), Title 5 TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-2-62 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new subsection (11) to read as follows:

(11) Change of name as of September 16, 1995:

New Name

Old Name

General Location

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

Introduction: 9/12/95
First Reading: 9/12/95
Publication: 9/13/95; 9/14/95
Public Hearing: 9/16/95
Second Reading: 9/16/95
Final Passage: 9/16/95

54. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to provide for private, rather than city, trash collection service in residential developments when permitted by special use permit. (#l0 9/12/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 8, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 54; 9/16/95, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

ORDINANCE NO. 3819

AN ORDINANCE to amend and reordain subsection (12b) (REQUIRED USER PROPERTY) of Section 5-1-2 (DEFINITIONS), Article A (GENERAL PROVISIONS), Chapter 1 (SOLID WASTE CONTROL), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (12b) of Section 5-1-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended to read as follows:

Sec. 5-1-2 Definitions.

(12b) Required user property. Any single family, two family or row dwelling, or any building or structure used solely for residential purposes and containing four or fewer dwelling units, that is located within the city, excluding condominium dwellings and dwelling units, and also excluding dwellings and dwelling units in any residential development wherein an owners, association is required by special use permit to provide solid waste and recyclable material collection service by private collector.

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

Introduction: 9/12/95
First Reading: 9/12/95
Publication: 9/13/95; 9/14/95
Public Hearing: 9/16/95
Second Reading: 9/16/95
Final Passage: 9/16/95

55. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to add to the city code generic provisions relating to the imposition of civil penalties for violations of local laws. (#11 9/12/95) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated September 6, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 55; 9/16/95, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

(The following person spoke during the public hearing on this item: John Chapman Gager spoke on this item.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3820

AN ORDINANCE to amend Chapter 1 (USE AND INTRODUCTION) of Title 1 (GENERAL PROVISIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended, by adding thereto a new Section 1-1-11 (CIVIL PENALTIES) and a new Section 1-1-12 (CUMULATIVE REMEDIES).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1 of Title 1 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 1-1-11, to read as follows:

Sec. 1-1-11 Civil violations.

(a) General. Any person who commits, permits, assists in or attempts, whether by act or omission, the violation of any provision of this code which has been designated as a civil violation shall be liable for the civil penalty prescribed in this section.

(b) Penalties.

(1) For a class one civil violation, the penalty for each individual violation shall be $5,000.

(2) For a class two civil violation, the penalty for each individual violation shall be $1,000 for the first violation, $2,000 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $3,000 for each additional violation of the same regulation or requirement arising from the same set of operative facts.

(3) For a class three civil violation, the penalty for each individual violation shall be $500 for the first violation, $1,000 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $1,500 for each additional violation of the same regulation or requirement arising from the same set of operative facts.

(4) For a class four civil violation, the penalty for each individual violation shall be $100 for the first violation, $250 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $500 for each additional violation of the same regulation or requirement arising from the same set of operative facts.

(5) For a class five civil violation, the penalty for each individual violation shall be $25 for the first violation, $50 for the second violation of the same regulation or requirement arising from the same set of operative facts, and $100 for each subsequent violation of the same regulation or requirement arising from the same set of operative facts.

(6) The penalty for a civil violation not designated as a civil violation of a particular class shall be as otherwise specifically provided in this code.

(7) Designation of a violation of a provision of this code as a civil violation shall preclude the criminal prosecution of that violation, except when the violation has resulted in personal injury or death.

(8) Each calendar day during which any civil violation continues to exist shall constitute a separate, individual violation.

(1) If the head of the department or office of city government responsible for the administration or enforcement of any provision of this code determines that a civil violation of this code within his area of responsibility has occurred, such a department or office head may cause a notice of the violation to be served on any or all persons committing or permitting such violation. Any such department or office head may delegate his authority under this section to one or more subordinate employees.

(2) The notice shall state that the person served has been charged with violating one or more provisions of the city code that are punishable by civil penalty, shall identify, each such provision, and shall provide that the person may elect to make an appearance in person before or in writing by mail to the treasurer of the city, and admit liability for or plead no contest to the violations, abate the violations, and pay the civil penalty established for each violation, all within the time period fixed in the notice.

(3) If a person charged with a violation does not elect to admit liability or plead no contest, and abate the violation, the violation shall be tried in the Alexandria general district court upon a warrant in debt or motion for judgment, with the same right of appeal as provided for civil actions at law. In the event the violation exceeds the jurisdictional limits of the general district court, the violation shall be tried in the Alexandria circuit court.

(4) A finding or admission of liability for, or a plea of no contest to, a civil violation shall not be deemed a criminal conviction for any purpose. An admission of liability shall have the same force and effect as a judgment in court.

Section 2. That Chapter 1 of Title 1 of the Code of City of Alexandria, Virginia, 1981 as amended, be, and the same hereby is, amended by adding thereto a new Section 1-1-12, to read as follows:

Sec. 1-1-12 Cumulative remedies.

The remedies provided in this chapter are cumulative and not exclusive, and the designation of a violation of any provision of this code as a criminal misdemeanor or a civil violation shall not .be construed as prohibiting city officials from initiating appropriate administrative or civil judicial procedures to prevent, correct, restrain or abate the violations.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 9/12/95
First Reading: 9/12/95
Publication: 9/13/95; 9/14/95
Public Hearing: 9/16/95
Second Reading: 9/16/95
Final Passage: 9/16/95

56. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to establish a Criminal Justice Advisory Board consisting of 11 state and local officials and two citizen members to develop a plan for programs for local responsible offenders. (#12 9/12/95) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman 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:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3821

AN ORDINANCE to add a new Article L (ALEXANDRIA COMMUNITY CRIMINAL JUSTICE BOARD) to Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS) of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

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

ARTICLE L

Alexandria Community Criminal Justice Board

Sec. 2-4-100 Creation, composition and organization.
(a) There is hereby established a board to be known as the Alexandria Community Criminal Justice Board.

(b) The board shall consist of 14 members to be appointed by

the city council. The composition of the board shall be as follows:

(1) one judge of the Alexandria general district court;

(2) one judge of the Alexandria circuit court;

(3) one judge of the Alexandria juvenile and domestic relations court;

(4) the chief magistrate for the city;

(5) the chief of police;

(6) the sheriff;

(7) the commonwealth's attorney;

(8) a member of the city's community services board;

(9) a representative of local education;

(10) the chief public defender;

(11) the city manager or the manager's designee;

(12) the director of the city's office of adult probation and parole; and

(13) two citizens.

(c) Members of the board shall be appointed in the manner prescribed by article A of this chapter; provided that:

(1) the member who represents the community services board shall be nominated by the community services board and confirmed by city council;

(2) the member who represents local education shall be nominated by the superintendent of schools and confirmed by city council; and

(3) all members of the board, except for the two citizen members, the representative of the community services board and the representative of local education, shall be exempt from the application requirement set forth in section 2-4-7(c) of this code.

(d) The citizen members, the representative of the community services board and the representative of local education shall serve for a term of two years, except in the case of an appointment to fill the unexpired portion of a term.

Sec. 2-4-101 Responsibilities and authority.

(a) The responsibilities and authority of the board shall be as follows:
(1) to provide for the purchase, development and operation of community programs, services and facilities for use by the courts in diverting offenders from local correctional facility placements;

(2) to assist community agencies and organizations in establishing and modifying programs and services for offenders on the basis of an objective assessment of local needs and resources;

(3) to monitor and evaluate community programs, services and facilities to determine their impact on local offenders;

(4) to develop and, when appropriate, amend a community corrections plan for the city in accordance with guidelines and standards set forth by the Virginia department of criminal justice services for approval by city council;

(5) to apply, with the approval of city council, for grants and other funding to enable the board to carry out its responsibilities; and

(6) to engage in other activities necessary or helpful in accomplishing the responsibilities set out above in this subsection.

(b) The board is authorized to adopt rules in regard to procedure and other matters, so long as the rules are not inconsistent with this code, including, but not limited to, the establishment of committees to assist it in carrying out its responsibilities.

(c) A board chair, vice-chair and secretary shall be elected annually by the board at its first meeting in each calendar year.

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

Introduction: 9/12/95
First Reading: 9/12/95
Publication: 9/13/95; 9/14/95
Public Hearing: 9/16/95
Second Reading: 9/16/95
Final Passage: 9/16/95

57. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend: (1) section 3-706(A) of the Zoning Ordinance (RB/Townhouse zone) to reduce front and side yard requirements within the historic districts; (2) section 3-1106(A)(4) (RM/Townhouse zone) of the Zoning Ordinance to provide regulations for yards on corner lots within the historic districts; and (3) section 7-202 (permitted obstructions in required yards) to allow the board of architectural review to waive the height limitations on fences in front yards within the historic districts. (#13 9/12/95) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried on a ROLL-CALL vote of 6-to-0 City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (58 61)

58. SUP #95-0107 -- 625 BURNSIDE PLACE -- WASTE MANAGEMENT, INC. -- Public Hearing and Consideration of a request for a special use permit for a recycling facility for construction and demolition materials and for reduction in required off-street parking; zoned I/Industrial. Applicant: Waste Management of Virginia, Inc., by Samuel W. Nolder.
COMMISSION ACTION: Deferred 7-0

59. SUP #95-0112 -- 300 CALVERT AVENUE -- Public Hearing and Consideration of a request for a special use permit for a motor vehicle storage facility; zoned I/Industrial. Applicant: Properfect Titles Ltd., by Michael Waligorski.

COMMISSION ACTION: Withdrawal accepted 7-0

60. SUP #95-0062 -- 3128 COLVIN STREET -- SUMMS RECOVERY -- Public Hearing and Consideration of a review of a special use permit for the existing automobile towing and storage facility; zoned I/Industrial. Applicant: Summs Recovery and Collections.

COMMISSION ACTION: Deferred/Improper Notice

61. SUP #95-0104 -- 407-411 CAMERON STREET -- PITA HOUSE RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for expansion of a restaurant; zoned CD/Commercial Downtown. Applicant: Tarek Moukalled.

COMMISSION ACTION: Deferred

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, at 3:30 p.m., the Public Hearing Meeting of Saturday, September 16, 1995, was adjourned. The voting was as follows:

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

APPROVED BY:

_______________________________
PATRICIA S. TICER 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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Date Entered: 12/27/1996 11:55:06 AM

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