Public Hearing Meeting
Saturday, February 24, 1996 - - 9:30 am
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Present: Vice Mayor Kerry J. Donley; Members of Council William C. Cleveland, William D. Euille, Redella S. Pepper, Lonnie C. Rich, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Wilcox, Mr. Smith, Mr. Cox, Ms. Secrist, Urban Planners, Planning and Zoning; Mr. O' Kane, Director of Transportation and Environmental Services; Mr. Neckel, Director of Finance; Ms. Hansen, Deputy Director of Housing; Fire Chief Hawkins; Sergeant Harman and Lieutenant Kaluta, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
OPENING
The Meeting was called to order by Vice Mayor Donley, and the City Clerk called the Roll; all Members of Council were present.
(a) John Chapman Gager spoke.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 14) (37)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 3, 4 and 13, and considered them under separate motions.
5. SUP #95-0180 -- 5150, 5200, 5230 EISENHOWER AVENUE --EISENHOWER INDUSTRIAL CENTER -- Public Hearing and Consideration of a request for a special use permit to allow a variety of noncomplying and special uses; zoned OCM-100/0ffice Commercial Medium and OCH-100/Office Commercial High. Applicant: Security Capital Industrial Trust, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/24/96, and is incorporated herewith as part of this record by reference.)
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6. SUP #95-0184 113 CLERMONT AVENUE PARVANE - - INSTITUTE - - Public Hearing and Consideration of a request for a special use permit to operate a commercial school for cosmetology; zoned OCM-100/Office Commercial Medium. Applicant: Parvane Institute of Esthetics, by Faroukh Ayazi.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/24/96, and is incorporated herewith as part of this record by reference.)
7. SUP #95-0197 -- 1201 NORTH ROYAL STREET -- ALEXANDRIA SEAPORT TRADERS -- Public Hearing and Consideration of a review of a special use permit for reduction in the off-street parking requirement for future retail uses; zoned CDX/Commercial Downtown. Applicant: Seaport Traders Art and Antiques.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/24/96, and is incorporated herewith as part of this record by reference.)
8. SUP #95-0202 -- 4231 DUKE STREET -- TEMPO RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for an expansion of the existing restaurant and an off-street parking reduction; zoned CG/Commercial General. Applicant: Albert, Inc., t/a Tempo Restaurant, by Wendy R. Albert.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/24/96, and is incorporated herewith as part of this record by reference.)
9. SUP #95-0205 -- 1508 MOUNT VERNON AVENUE -- MANCINI'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CL/Commercial Low. Applicant: Mancini's Inc., by Robert P. Dirmeyer.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/24/96, and is incorporated herewith as part of this record by reference.)
10. SUP #95-0207 -- 5726 EDSALL ROAD -- PAYLESS CLEANERS --Public Hearing and Consideration of a request for a special use permit to operate a dry cleaning plant; zoned CG/Commercial General. Applicant: Vasant B. Patel.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/24/96, and is incorporated herewith as part of this record by reference.)
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11. SUP #95-0212 3250 DUKE STREET -- MARIANO'S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CG/Commercial General. Applicant: Mohammad Shahbaz Haji.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/24/96, and is incorporated herewith as part of this record by reference.)
12. SUP #95-0215 -- 3040 COLVIN STREET -- BEIRO TRUCK SERVICE -- Public Hearing and Consideration of a request to rescind a special use permit for a contractor's equipment repair garage and temporary trailers; zoned I/Industrial. Applicant: Beiro Truck and Tractor Service.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/24/96, and is incorporated herewith as part of this record by reference.)
14. ENCROACHMENT #95-0021 -- 101 NORTH COLUMBUS STREET -- BERTUCCI'S RESTAURANT -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for window awnings; zoned CD/Commercial Downtown. Applicant: Bertucci's Restaurant Corporation, by Michael DiGuiseppe.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/24/96, and is incorporated herewith as part of this record by reference.)
37. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to relocate the polling place for the Agudas Achim Congregation voting district from the Charles Barrett Center to the Agudas Achim Congregation.
(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present received at least 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 2/24/96, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 2 of Item No. 37; 2/24/96, 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 Walker and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item Nos. 3, 4 and 13 which were considered under separate motions, and included Docket Item No. 37. The Planning Commission recommendations are as follows:
5. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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6. City Council approved the Planning Commission recommendation and approved the request subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
10. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
11. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
12. City Council approved the Planning Commission recommendation and rescinded the special use permit.
14. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
37. City Council introduced and passed the ordinance on First Reading; set it Public Hearing, Second Reading and Final Passage on Tuesday, February 27, 1996.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
3. TEXT AMENDMENT #96-02 -- DAY CARE CENTERS -- Public Hearing and Consideration of a text amendment to Sections 3-603, 3-803 and 3-903 of the Zoning Ordinance to allow a day care center to be located in an apartment building in the RA, RC, and RCX zones with a special use permit. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 2/24/96, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper stated that the occasion for these two items coming before the City Council has been an interest by Hopkins House in a particular apartment dwelling which happens to be the dwelling in which she lives. She received an opinion from Commonwealth, Attorney Kloch, who has consulted with City Attorney Sunderland, with respect to her participating in the discussion and voting on this item. She stated that he indicated that she does not have a conflict of interest and could participate in this item.
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(The following person participated in the public hearing on this item:
Ben Brenman, 4600 Duke Street, #1609, representing First Owners Association, 4600 Duke Condominium, supported the text amendment with one minor modification to include condominium.
Planning and Zoning Director Lynn, Planning and Zoning Deputy Director Ross, and City Attorney Sunderland participated in the discussion of this item.
Vice Mayor Donley stated that we take Mr. Brenman's suggestion under advisement and when we have opportunities to potentially either clarify condominium, or if we need to at some point, revamp the Code and just use the designation multi-family that we do so. He stated he would leave it up to Mr. Lynn as to whether he wants to take Mr. Brenman up on his kind offer of attending the seminar he talked about at the cost of the First Owners Association.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the Planning Commission recommendation and approved the request for a text amendment. The voting was as follows:
Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Donley "aye" Walker "aye"
4. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance to allow day care centers to be located in apartment buildings in the RA, RC and RCX zones with a special use permit.
(A copy of the proposed ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/24/96, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 2/24/96, 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, City Council introduced and passed the Ordinance on First Reading; set it for Public Hearing, Second Reading and Final Passage on Tuesday, February 27, 1996. The voting was as follows:
Pepper "aye" Cleveland '"aye"
Rich "aye" Euille "aye"
Donley "aye" Walker "aye"
13. ENCROACHMENT #95-0020 -- 950 NORTH WASHINGTON STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for the existing building; zoned OCM-50/Office Commercial Medium. Applicant: American Academy of Physicians Assistants, by Robert A. Johnston.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/24/96, and is incorporated herewith as part of this record by reference.)
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(The following person participated in the public hearing on this item:
Michael J. Feld, 1205 Portner Road, representing the Nethergate Community Association, stated that this item should be included with Item Nos. 21 through 24.
Vice Mayor Donley explained to Mr. Feld that this item has nothing to do with Item Nos. 21 through 24, and should be heard on its own merits.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
WITHOUT OBJECTION, City Council considered Docket Item Nos. 15 through 19 together and made one motion for all items:
15. MASTER PLAN AMENDMENT #95-0006 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of an amendment to the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to change the Coordinated Development District (CDD) guidelines for Cameron Station. Applicant: Edgehill, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/24/96, and is incorporated herewith as part of this record by reference.)
16. REZONING #95-0007 -- TEXT AMENDMENT #96-03 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of an amendment to change the Coordinated Development District (CDD) guidelines for Cameron Station. Applicant: Edgehill, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/24/96, and is incorporated herewith as part of this record by reference.)
17. CDD CONCEPT PLAN -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of a request for approval of a Coordinated Development District Concept Plan for Cameron Station; zoned CDD #9/Coordinated Development District, Cameron Station. Applicant: Edgehill, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/24/96, and is incorporated herewith as part of this record by reference.)
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18. SUP #95-0188 5010 DUKE STREET CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit for (1) preliminary development plan approval of Phase I of the "Cameron Station" development, containing single-family, townhouse and multi-family units, and retail space, (2) townhouse structures containing more than eight units, (3) modification of the off-street parking requirements, and (4) temporary sales trailers; zoned CDD #9/Coordinated Development District, Cameron Station. Applicant: Green Star III, LP, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 2/24/96, and is incorporated herewith as part of this record by reference.)
19. SUP #95-0189 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit for Transportation Management Plan (TMP) approval; zoned CDD #9/Coordinated Development District, Cameron Station. Applicant: Edgehill, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on these items:
Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support of these items and gave an overview of the items;
Ellen Pickering, 103 Roberts Lane, expressed concerns with respect to park and open space;
Julie Crenshaw, 816 Queen Street, spoke against;
Andrew Macdonald, 420 South Lee Street, spoke against and requested that this item be deferred; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support.
Council Member Walker would like to know what alternatives there might be to the concrete in the channels. We don't want to pass up an opportunity to make Backlick Run a real asset to our community and not something which is like a sluiceway.
Members of City Council, the City Manager, the City Attorney, Mr. O'Kane, and Mr. Lynn participated in the discussion.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the Planning Commission recommendations for Item Nos. 15, 16, 17, 18, and 19:
15. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
16. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
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17. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
18. 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(s) #12, #20, #26 and #30.
19. 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 #6.
The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Walker "aye"
20. SUP #95-0211 -- 3701 MOUNT VERNON AVENUE -- BIRCHMERE --Public Hearing and Consideration of a request for a special use permit for (1) a full-service restaurant, (2) a music club (amusement enterprise), (3) a micro-brewery and (4) a coordinated sign program; zoned CDD #6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: Time for Good Tunes, Inc., by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Nan E. Terpak, 2200 Clarendon Boulevard, Arlington, VA, attorney representing the applicant, spoke in support of this item;
Pat Miller, 1806 North Cliff Street, representing The Avenue Partnership, spoke in support;
Joan Gaskins, representing Potomac West Business Association, spoke in support;
Kathleen Baker, 1605 Boyle Street, spoke in support; and
Olivia Hamilton, 113 East Custis Avenue, representing the Del Ray Citizen Association, spoke in support.
Members of City Council participated in the discussion.
Councilman Euille clarified on page 8, item 5, in reference to the 52 bar seats, that this is a misconception and that it is not 52 seats at a bar, but the room itself will have a capacity for seating 52 people. The bar itself will probably have no more than 15 or 20 seats.
Ms. Terpak stated that Council Euille's clarification is correct.
Councilwoman Pepper expressed concern about the number of pool tables. She understands that there will be no more than 4 pool tables, anything more than that is a pool hall.
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Ms. Terpak agreed to cut the number of pool tables from 5 to 4.)
WHEREUPON, upon motion by Councilman Euille, seconded simultaneously by Councilman Cleveland and Council Member Walker and carried unanimously, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #1, #8 and #13, and City Council deleted Condition #24, and amended the added Condition #30 by striking the words "a meal" and adding the word "food." The voting was as follows:
Euille "aye" Donley "aye"
Cleveland "aye" Pepper "aye"
Walker "aye" Rich "aye"
WITHOUT OBJECTION, City Council considered Docket Item Nos. 21 through 24 together and made one motion for all items.
21. REZONING #95-0010 -- 931 POWHATAN STREET -- GATEWAY -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from RB/Residential to OCM-50/Office Commercial Medium, with a proffer restricting development to a proposed townhouse plan. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 2/24/96, and is incorporated herewith as part of this record by reference.)
22. SUP #95-0200 -- 931 POWHATAN STREET -- GATEWAY - - Public Hearing and Consideration of a request for a special use permit, with site plan, for townhouses with outlot development and a sales trailer. Modifications to open space, yards and landscape requirements are requested. The site is zoned OCM-50/Office Commercial Medium. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 2/24/96, and is incorporated herewith as part of this record by reference.)
23. VACATION #95-0003 -- 931 POWHATAN STREET -- GATEWAY Public Hearing and Consideration of a request for vacation of street right-of-way; zoned OCM-50/Office Commercial Medium. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney, and appointment of viewers for same.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 2/24/96, and is incorporated herewith as part of this record by reference.)
24. ENCROACHMENT #95-0018 -- 931 POWHATAN STREET -- GATEWAY -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for steps; zoned OCM-50/Office Commercial Medium. Applicant: Lawrence N. Brandt, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
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(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support of this item;
Jerry M. Hermele, 1204 Portner Road, representing Portner Road residents, spoke against this item;
Michael J. Feld, 1205 Portner Road, representing the Nethergate Community Association, spoke against; and
Poul Hertel, 1217 Michigan Court, representing the Northeast Citizen Association, spoke in support and suggested that the use of aluminum siding be limited to 10 percent of the development, and suggested that the street lights be similar to the Gadsby's lights in Old Town.
Howard Middleton, attorney for applicant, stated that there will be no aluminum siding used in this development.
Howard Middleton will meet with the Citizen Association and the City staff in consultation on the design of the street lights before the decision is made as to what design to have.
The applicant has committed that they will install some security lights on one of the buildings below the window so that it would create more safety and more lighting on the pedestrian walkway that would go from Powhatan to North Washington Street.)
WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried unanimously, City Council approved the Planning Commission recommendations for Item Nos. 21, 22, 23 and 24:
21. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
22. 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 #20.
23. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and authorized the Vice Mayor to appoint viewers. The Vice Mayor subsequently appointed Adam Ebbin, Chair, and Norman Briere and Amoret Bunn as viewers.
24. 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"
Rich "aye" Euille "aye"
Donley "aye" Pepper "aye"
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25. SUP #95-0209 - - RF&P LAND NEXT TO RAILROAD AND METRO TRACKS BETWEEN KING STREET AND COMMONWEALTH AVENUE -- VEPCO -- Public Hearing and Consideration of a request for a special use permit to install a terminal facility for underground electrical transmission lines; zoned UT/Utilities and Transportation. Applicant: Virginia Electric and Power Company (VEPCO).
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 2/24/96, and is incorporated herewith as part of this record by reference.
Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 25; 2/24/96, and is incorporated herewith as part of this record by reference.)
Councilman Cleveland stated that since he will be purchasing some property at the Carlyle Towers, he will not be participating in nor voting on this item. Whenever this item came before the Carlyle Design Review Committee, upon which he sits, he always removed himself and did not participate in nor vote on any item pertaining to this development.
(The following persons participated in the public hearing on this item:
Jonathan Rak, 510 King Street, attorney representing the applicant, spoke in support;
Nancy Hoetker, 26 Mount Vernon Avenue, president, Rosemont Citizens Association, suggested that this item be deferred for further study by staff;
Harry Burke, 1001 Woods Place, representing the Steering Committee for Memorial for Black Leaders at Alexandria African Memorial Park, spoke in support;
James H. Konkel, 17 Sunset Drive, spoke against;
Clay Kingsley, 15 Sunset Drive, spoke against;
Kristin Langlykke, 7 Sunset Drive, spoke against;
Giusseppe Cecchi, IDI Companies, 901 North Stuart Street, Arlington, VA, representing Carlyle Towers Condominium, spoke in support;
John Bailey, 6494 Strawbark Drive, Mechanicsville, VA, representing Virginia Power, spoke in support; and
Bob Shorb, 1700 Pennsylvania Avenue, representing Norfolk Southern, spoke in support.
Members of City Council participated in the discussion.
The applicant will meet with the Rosemont Citizens Association and Sunset neighbors to try to resolve some of the questions and issues that were raised.)
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WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council deferred this item until the next Legislative Meeting to be held on March 12. The voting was as follows:
Euille "aye" Cleveland out of room
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
At 1:20 p.m., Vice Mayor Donley left the Council Meeting to attend a public hearing on the Woodrow Wilson Bridge.
WITHOUT OBJECTION, City Council considered Docket Item Nos. 26 and 27 together and made one motion for both items.
26. SUP #95-0206 -- 823 SOUTH WASHINGTON STREET -- FACCIA LUNA PIZZERIA -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant and for an off-street parking reduction; zoned CRMU-L/Commercial Residential Mixed Use, Low. Applicant: Faccia Luna Pizzeria, LLC, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 2/24/96, and is incorporated herewith as part of this record by reference.)
27. ENCROACHMENT #95-0019 -- 823 SOUTH WASHINGTON STREET --FACCIA LUNA PIZZERIA -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for outdoor restaurant seating; zoned CRMU-L/Commercial Residential Mixed Use, Low. Applicant: Faccia Luna Pizzeria, LLC, by Duncan W. Blair, attorney.
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated February 6, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on these items:
Duncan Blair, 510 King Street, attorney representing the applicant, spoke in support; and
Mark S. Feldhem, 1215 Prince Street, representing the Old Town Civic Association, spoke in support.)
WHEREUPON, upon motion by Councilwoman Walker, seconded by Councilman Cleveland and carried on a vote of 4-to-0, City Council approved Planning Commission recommendations as follows:
26. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
27. 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" Euille out of room
Cleveland "aye" Pepper "aye"
Donley left meeting Rich "aye"
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28. SUP #95-0167 - - 3606 MOUNT VERNON AVENUE -- OMEGA GRILL -- Public Hearing and Consideration of revocation of a special use permit for a restaurant in the name of the Omega Grill Restaurant; zoned CG/Commercial General. Applicant: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Revocation 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. 28; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Blaine Jefferson, 14713 Cloyd Way, Woodbridge, VA, representing the applicant, spoke against the revocation of this special use permit.
Members of City Council participated in the discussion of this item. Questions were directed to Planning and Zoning Director Lynn and Police Sergeant Harman.)
WHEREUPON upon motion by Council Member Walker, seconded by Councilman Euille and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and revoked the special use permit. The voting was as follows:
Walker "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley left meeting Rich "aye"
Board of Architectural Review
29. CASE BAR-96-0005 -- Public Hearing and Consideration on An Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on January 3, 1996, Granting, as Amended, a Certificate of Appropriateness for Approval of an Addition to be Constructed at 300 South Lee Street. APPLICANT: Brian and Elizabeth Gibney, by Stephanie R. Dimond.
BOARD ACTION: Approved, as amended 5-1
(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. 29; 2/24/96, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated January 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Stephanie R. Dimond, 6 West Maple Street, architect representing the applicant and appellant, spoke in support of this item and gave a slide presentation;
John Hynan, 405 South Fairfax Street, representing the Old Town Civic Association, spoke against this appeal;
Charles L. Trozzo, 209 Duke Street, representing the Historic Alexandria Foundation, spoke against; and
Edward Luckett, 410 North Alfred Street, representing the Board of Architectural Review, spoke against the appeal and in support of the Board of Architectural Review action.
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Members of City Council participated in the discussion of this item.)
WHEREUPON, a motion was made by Council Member Rich to deny the appeal and support the Board of Architectural Review decision; which motion died for lack of a second.
THEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council referred this back to the Board of Architectural Review for further consideration to see if an agreement can be reached. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley left meeting Rich "aye"
30. CASE BAR-96-0014 -- Public Hearing and Consideration of An Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on January 17, 1996, Granting, as Amended, a Certificate of Appropriateness for Approval of Siding and Re-roofing of 109 Duke Street. APPLICANT: Nathalie Voorhees.
BOARD ACTION: Approved, as amended 7-0
(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. 30; 2/24/96, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated January 24, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Nathalie Voorhees, applicant and appellant, 109 Duke Street, spoke in support of her appeal;
John Hynan, 405 South Fairfax Street, representing the Old Town Civic Association, spoke against the appeal;
Charles L. Trozzo, 209 Duke Street, representing the Historic Alexandria Foundation, spoke against the appeal; and
Edward Luckett, 410 North Alfred Street, representing the Board of Architectural Review, spoke against the appeal and in support of the Board of Architectural Review action.
Members of Council participated in the discussion and directed questions to the Board of Architectural Review staff and Code Enforcement staff.)
WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried on a vote of 5-to-0, City Council upheld the decision of the Board of Architectural Review and denied the appeal. The voting was as follows:
Walker "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Donley left meeting Pepper "aye"
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31. CASE BAR-96-0016 -- Public Hearing and Consideration of An Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on January 17, 1996, Denying a Permit to Demolish the Building at 113 North Fayette Street.
APPLICANT: John H. Marino, Jr.
(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. 31; 2/24/96, and is incorporated herewith as part of this record by reference.
A copy of the appeal dated January 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 31; 2/24/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
John H. Marino, Jr., 113 North Fayette Street, applicant and appellant, spoke in support of the appeal;
Mark S. Feldheim, 1215 Prince Street, representing Old Town Civic Association, spoke against the appeal;
John Hynan, 405 South Fairfax Street, representing the Historic Alexandria Resources Commission, spoke against the appeal;
Charles L. Trozzo, 209 Duke Street, representing the Historic Alexandria Association, spoke against the appeal;
Dikean V. Kavaljian, III, 208 South Pitt Street, spoke in support of the appeal; and
Edward Luckett, 410 North Alfred Street, representing the Board of Architectural Review, spoke against the appeal and in support of the Board of Architectural Review decision.
Members of City Council directed questions to Board of Architectural Review staff member Smith and Planning and Zoning Deputy Director Ross.)
WHEREUPON, a motion was made by Councilman Euille, seconded by Councilman Cleveland to reverse the decision of the Board of Architectural Review and grant the demolition; which motion FAILED on a vote of two "ayes" to 3 "nos". The voting was as follows:
Euille "aye" Pepper "no"
Cleveland "aye" Rich "no"
Donley left meeting Walker "no"
THEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a vote of 3-to-2, City Council upheld the decision of the Board of Architectural Review and denied the appeal. The voting was as follows:
Rich "aye" Cleveland "no"
Walker "aye" Euille "no"
Donley left meeting Pepper "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None.
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ORDINANCES AND RESOLUTIONS (continued)
32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for a sign at 5601 Courtney Avenue, in the City of Alexandria. (#12 2/13/96) [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 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley left meeting Rich "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3842
AN ORDINANCE authorizing the owner of 5601 Courtney Avenue, and the owner's successors in title, to establish and maintain an encroachment into the public right-of-way in the traffic island at the intersection of Courtney Avenue and South Van Dorn Street, in the City of Alexandria, Virginia.
WHEREAS, the Newton Asphalt Company, Inc., is the owner of the property located at 5601 Courtney Avenue in the City of Alexandria, Virginia; and
WHEREAS, the Newton Asphalt Company, Inc., desires to establish and maintain a metal sign, approximately four feet tall and three and one-half feet wide, which will encroach into the public right-of-way in the traffic island at the intersection of Courtney Avenue and South Van Dorn Street; and
WHEREAS, this encroachment has been reviewed by the Planning Commission of the City of Alexandria at one of its regular meetings; and
WHEREAS, it has been determined by the Council of the City of Alexandria that the public right-of-way at the intersection of Courtney Avenue and South Van Dorn Street will not be significantly impaired by this encroachment; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the Newton Asphalt Company, Inc. and its successors in title (hereinafter collectively the "Owner") be, and the same hereby are, authorized to establish and maintain an encroachment into the triangularly shaped traffic island at the intersection of Courtney Avenue and South Van Dorn Street, said encroachment consisting of a round metal sign, four feet tall and three and one-half feet wide, mounted on a metal frame, attached to a concrete slab located approximately five feet from the edge of the eastern most curb of the traffic island running north and south, 12 feet from the southern edge of the traffic island curb running east and west, and 12 feet from the traffic island 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 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.
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Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of its obligations and undertakings required under this ordinance.
Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 6. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.
Section 7. That Owner shall provide a plan showing the location of underground utilities with its application for all permits required for the construction of the sign referred to in section 1.
Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice
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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 9. That this ordinance shall be effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Vice Mayor
Introduction: 2/13/96
First Reading: 2/13/96
Publication: 2/15/96
Public Hearing: 2/24/96
Second Reading: 2/24/96
Final Passage: 2/24/96
33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE (I) to make a technical correction to the City of Alexandria's zoning map by changing the zone classification of the property located at 815 Slater's Lane from CDD/Coordinated Development District #10 to OC/Office Commercial, consistent with the Potomac Yard/Potomac Greens Small Area Plan, and (ii) to make a technical correction to the City of Alexandria's zoning map by changing the zone classification of a portion of the property located at 5651 Eisenhower Avenue from UT/Utilities and Transportation to OCH/Office Commercial High, consistent with the Landmark/Van Dorn Small Area Plan. (#13 2/13/96) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Rich "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley left meeting Pepper "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3843
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 5651 Eisenhower Avenue from UT/Utilities and Transportation Zone to OCH/Office Commercial High Zone (RZ No. 95-008), and by rezoning the property at 815 Slaters Lane from CDD/Coordinated Development District No. 10 to OC/Office Commercial Zone (RZ No. 95-009), in accordance with the said zoning map amendments heretofore approved by city council.
WHEREAS, the City Council of the City of Alexandria finds and determines that:
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1. The Planning Commission has initiated on its own motion a technical correction to the Zoning Map to amend the zoning of a portion of the property known as 5651 Eisenhower Avenue (Zoning Map and Tax Map Parcel No. 76.00-02-01) from UT/Utilities and Transportation Zone to OCH/Office Commercial High Zone, to conform the zoning of the said property to the Master Plan of the City of Alexandria, Virginia.
2. The Planning Commission has initiated on its own motion a technical correction to the Zoning Map to amend the zoning of the property known as 815 Slaters Lane (Zoning Map and Tax Map Parcel No. 44.02-02-1.01) from CDD/Coordinated Development District No. 10 to OC/Office Commercial Zone, to conform the zoning of the said property to the Master Plan of the City of Alexandria, Virginia.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Sheet No. 76.00 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 at 5651 Eisenhower Avenue (Zoning Map and Tax Map Parcel No. 76.00-02-01), as shown on the sketch plan entitled "REZ No. 95-008," dated January 2, 1996, attached hereto and incorporated herein by reference.
FROM: UT/Utilities and Transportation Zone
TO: OCH/Office Commercial High Zone
Section 2. That Sheet No. 44.02 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 hereafter described:
815 Slaters Lane (Zoning Map and Tax Map Parcel No. 44.02-02-1.01), as shown on the sketch plan entitled "REZ. No. 95-0009," dated January 2, 1996, attached hereto and incorporated herein by reference.
FROM: CDD/Coordinated Development District No. 10
TO: OC/Office Commercial Zone.
Section 3. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendments on the said map.
Section 4. That Sheet No. 76. 00 and Sheet No. 44. 02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.
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Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
Kerry J. Donley
Vice Mayor
Attachments: Rezoning Sketch Plans
Introduction: 2/13/96
First Reading: 2/13/96
Publication: 2/15/96
Public Hearing: 2/24/96
Second Reading: 2/24/96
Final Passage: 2/24/96
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The subject and surrounding land uses are shown on the sketch below.
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The subject and surrounding land uses are shown on the sketch below.
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34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend section 7-1200 of the City of Alexandria Zoning Ordinance to include "private telecommunication" installations as "utility" uses permitted only by special use permit in any zone in the City. (#14 2/13/96) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Walker "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley left meeting Rich "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3844
AN ORDINANCE to amend and reordain Section 7-1202 (SPECIAL USE UTILITIES) (TA No. 95-14), of Article VII (SUPPLEMENTAL ZONE REGULATIONS) of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 7-1202 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:
Section 7-1202 Special use utilities. The following utility uses are permitted by public utilities, public service corporations municipal departments, public commissions or public authorities only with a special use permit:
(A) Tanks, towers, standpipes or other facilities for storing water, sewage or other liquids or gases, electric power substations, telephone exchange buildings and structures, and pumping stations.
(B) Overhead transmission, distribution or communication wires, lines, cables or facilities for the transmission of telecommunication suspended, mounted or carried by poles, towers or other structures which:
(1) Exceed 65 feet in height;
(2) Have one or more arms, cross arms or similar apparatus which would extend out more than six feet from the side thereof;
(3) Have a diameter in excess of three feet if it is a pole-like structure; or
(4) Exceed four square feet in area at any cross section, or have a side exceeding two feet in width if it is a tower or other type structure.
Section 2. That Section 7-1202 of the City of Alexandria Zoning Ordinance, as amended by this Ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.
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Section 3. 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 are on such date pending before any city department, agency, or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provision of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.
KERRY J. DONLEY
Vice Mayor
Introduction: 2/13/96
First Reading: 2/13/96
Publication: 2/15/96
Public Hearing: 2/24/96
Second Reading: 2/24/96
Final Passage: 2/24/96
35. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to repeal chapter 5 of title 7 of The Code of the City of Alexandria which contain regulations governing the subdivision of land in the city, and to amend section 11-1700 of the City of Alexandria Zoning Ordinance to add a new set of regulations governing the subdivision of land in the City. (#15 2/13/96) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Council Member Walker, seconded by Council Member Rich and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Walker "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Donley left meeting Pepper "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3845
AN ORDINANCE to amend and reordain Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning ordinance by adding thereto a new Division E (SUBDIVISION REGULATIONS), to make conforming amendments to Sections 2-100 (DEFINITIONS), 11-207 (CIVIL VIOLATIONS), and 11-1506 (SUBDIVISION COMMITTEE) (TA No. 96-1) of the City of Alexandria Zoning Ordinance, and to repeal Chapter 5 (SUBDIVISIONS) of Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the document entitled "Division E. Subdivision Regulations," dated December 20, 1995, comprised of new or substantially revised subdivision regulations for the City of Alexandria, which is attached hereto and incorporated herein fully by reference, be, and the same hereby is, adopted as Division E of Article XI of the City of Alexandria Zoning Ordinance.
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Section 2. That the document entitled "Sections of Subdivision Regulations to add to other Sections of the Zoning Ordinance," comprised of amendments to Sections 2-100, 11-207 and 11-1506 of the City of Alexandria Zoning Ordinance which, is attached hereto and incorporated herein fully by reference,be, and the same hereby is, adopted as an amendment to the respective sections of the City of Alexandria Zoning Ordinance, the City Attorney to assign appropriate section and subsection headings in preparing the codification of this ordinance.
Section 3. That Chapter 5 of Title 7 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed. Except as expressly provided in this ordinance, such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or any liability, penalty, forfeiture or punishment incurred, prior to the time such repeal takes effect, but the same may be enjoyed, asserted, and forced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.
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, and the said clerk of the circuit court shall record this ordinance as provided in § 9.26 of the Alexandria City Charter.
Section 5. That Article XI, and Sections 2-100, 11-207 and 11-1506 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.
Section 6. That this ordinance shall become effective upon the date and at the time of its recording by the clerk of the circuit court of the City of Alexandria, and shall apply to all applications for land use, land subdivision or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency, or board, or before city council, or on judicial review, shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.
KERRY J. DONLEY
Vice Mayor
Attachments: Document entitled "Division E. Subdivision Regulations"
Document entitled "Sections of Subdivision Regulations to add to other Sections of the Zoning Ordinance"
Introduction: 2/13/96
First Reading: 2/13/96
Publication: 2/15/96
Public Hearing: 2/24/96
Second Reading: 2/24/96
Final Passage: 2/24/96
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December 20,1995
Division E. Subdivision Regulations
Section 11-1700 Subdivision's
11-1701 Purpose the purpose of these regulations is to provide for the orderly division of land for development or transfer of ownership and for an accurate system of recording land division and ownership.
11-1702 Administration. Unless otherwise specifically provided, the director has the duty to administer and enforce the provisions of this section 11-1700 and the authority to establish rules and regulations to do so.
11-1703 Approved subdivision plat required.
(A) Subdivision Required.. Any owner or contract purchaser of any land located within the city who desires to subdivide it shall make a plat of the subdivision and have it approved under this section 11-1700. (7-5-21b)
(B) Subdivision Required. No plat or subdivision of land within the city shall be filed or recorded by the clerk of any court having jurisdiction until approved by the commission and the approval is entered in writing on the plat by the chairman or vice-chairman of the commission and the director. (7-5-3)
(C) Reference to unrecorded plat prohibited. No land or portion of land may be transferred, sold, offered for sale or the subject of an agreement for sale by reference to or display of an unapproved and unrecorded plat, regardless of whether the land is also described by metes and bounds. (7-5-10)
(D) Effect of recording. The recording of the plat shall operate to transfer in fee simple to the city that portion of land on the plat set apart for streets, alleys, easements or other public use or purpose and create a public right of passage over or use of it. (7-5-4)
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11-1704 Exemption to plat requirement. The following cases are not subject to the requirements or procedures of this section 11-1700:
(A) Consolidation. The vacation or removal of a recorded lot line to recombine land previously subdivided does not require compliance with the provisions of this section 11-1700, provided that a copy of the plat of consolidation is filed with the director.
(B) Council approved development. In the case of a development proposal that includes the submission of a site plan and requires the approval of city council, including without limitation cluster development and development special use permits, no preliminary plat shall be filed but the site plan or development plan submitted for approval shall contain proposed lot lines and all other information required as part of a preliminary plat. In these cases,
(1) The council approval shall act as the preliminary plat approval;
(2) A final plat shall be filed in compliance with section 11-1709;
(3) The rule regarding automatic approval of a preliminary plat if there is no action within 45 days shall not apply;
(4) The preliminary approval is valid so long as the site plan or development plan of which it is a part remains valid;
(5) The final plat shall be consistent with the released final site plan; and
(6) The final plat may not be recorded before the release of the final site plan.
11-1705 Subdivision plat classification. Subdivision plats shall be classified as preliminary and final plats. Preliminary and final subdivision plats may be combined and treated as a final plat in either of the following instances, provided that all of the information required for both a reliminary and final plat is included in the submission, the final plat complies with the requirements of section 11-1709, and the procedure for processing either a minor subdivision or a preliminary subdivision plat is followed:
(A) A subdivision of one block or less; or
(B) A resubdivision of existing lots. (7-5-22a)
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11-1706 Contents of preliminary plat application.
(A) An application for preliminary plat approval shall be submitted by the owner or contract purchaser of the subject property on forms the director may prescribe. It shall include a clear and concise statement identifying the applicant and, if different, the owner of the property, including the name and address of each person or entity owning an interest in the applicant or owner and the extent of the ownership interest. If any of those entities is a corporation or a partnership, only those persons owning an interest in excess of ten percent in that corporation or partnership need be identified by name, address and extent of interest. For purposes of this section 11-1706(A), the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application.
(B) The preliminary plat shall be prepared under the charge of a professional engineer or land surveyor authorized by the Commonwealth of Virginia, or, if required by the director, by both.
(C) No fewer than 15 copies of the preliminary plat at a scale of not less than 100 feet to the inch shall be submitted with the application. Print size shall not exceed 24x36 inches.
(D) An application for preliminary plat approval shall include the following information and material:
(2) The name and address of the owner of record and the applicant.
(3) The name, address, certificate number and seal of the surveyor or engineer.
(4) The gross area in acres and total number of buildings lots or sites involved.
(5) The date, north point and scale.
(6) The zoning of the property.
(7) A form or space, not less than two and one-quarter (2 1/4) by three and one-half (3 1/2) inches, on which approval by the commission may be shown.
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(8) Lot lines with the dimensions of the length and width of the lots.
(9) In the case of resubdivisions, all lot lines or lot numbers that are proposed to go out of existence by reason of the resubdivision shall be shown by dotted lines and numbers. (7-5-27o)
(10) The location of the property immediately adjoining the proposed subdivision and the names and addresses of all of its owners.
(11) The location and width of all proposed streets, alleys and public areas and their dimensions.
(12) Points of connection with the city sewer system.
(13) Location of all easements, reservations and highway setbacks, as established by section 7-1006 of this ordinance.
(14) The width and name of adjacent existing streets, alleys, easements and public utilities, including, without limitation, lines for water, gas, electric, telephone, storm and sanitary sewer, and railroads shown graphically.
(15) Limits of floodplains and resource protection areas.
(16) The location of any grave or object or structure marking a place of burial.
(17) In the following cases the preliminary plat shall be superimposed on a topographic map, at a scale of not greater than 100 feet to the inch, showing contours at intervals not greater than two feet or greater intervals when permitted by the director, and correlated to the U.S. Coast and Geodetic Survey datum, for the purpose of showing the character and drainage of the land:
(1) Whenever any land within the parcel subdivided is to be dedicated to public use; or
(2) For all subdivisions containing lots or parcels of less than one-half acre.
(18) The proposed street grade data and the method of storm water disposal.
(19) The general location, dimension, size, height and species of major trees and shrubs.
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(20) Existing buildings with dimensions from the buildings to the nearest lot lines
(21) When known, areas that can reasonably be expected to or which do contain soils or materials contaminated with, but not limited to heavy metals, petroleum products, PCB'S, pesticides, flyash, or odier toxic or hazardous materials.
(22) When known, underground storage tanks.
(23) When known, areas located within 1000 feet of a former sanitary landfill, dump or disposal area.
(24) When known, areas with the potential of generating combustible gases (e.g., methane). (7-5-23)
11-1707 Procedures for preliminary plat approval. The following procedures shall govern the processing and review of applications for preliminary plat approval.
(1) An application for preliminary plat approval shall be filed with the director and shall contain the information specified in section II-1706.
(2) No application shall be accepted unless it is determined to be complete by the director.
(B) Staff Review. The director shall review the application to determine if the application's contents are complete and adequate for appropriate review and shall send the application to other relevant departments for their review and recommendation. Upon receipt of the departments' recommendations, the director shall prepare a staff report indicating the departments' judgment on the merits of the application. If the director does not agree with a recommendation prepared by another department, that recommendation shall be stated separately and the reasons for the director's disagreement shall be included in the report. (7-5-23f)
(C) Docketing for final action. The director shall see that all required staff reviews are completed and that the application is docketed for consideration in sufficient time for action within 45 days from the day a complete application was accepted, unless the applicant agrees to a longer period of time.
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(D) If an applicant submits materials to supplement its application before final action by the commission, the director shall review the additional material to determine whether additional staff time is necessary to assess the application. If additional time is necessary, and consistent with section 11-1707(C) above, the director may extend the review period or, in the event of a major revision, may require that a new application be filed. In either event, the time limitation of section 11-1708(B)(2) shall not apply.
11-1708 Action on preliminary plats.
(A) Standard for approval. An applicant for preliminary plat approval shall demonstrate to the satisfaction of the commission that:
(1) The applicable factors of section 11-1710 have been appropriately considered in the plat;
(2) The subdivision will not adversely affect the public health, safety and welfare; and
(3) The application complies with all provisions of this ordinance and all applicable laws.
(B) Action by planning commission.
(1) Public hearing. Within 45 days of the day a complete application was accepted by the director, the commission shall hold a public hearing and act on the application for preliminary plat approval by approving or disapproving the plat or approving it with conditions, required revisions, additions or changes. The commission shall give its reasons for a disapproval. (7-5-23c)
(2) Automatic approval. Failure of the commission to act within 45 days from the day a complete application is accepted shall be deemed to constitute approval of the plan unless, before the expiration of such period, the applicant agrees to a longer period of time. (7-5-4)
(3) Restrictions on buildings. The commission shall have the power to agree with the applicant on restrictions or requirements governing buildings and land within the subdivision, provided those restrictions do not authorize a violation of any ordinance of the city. Those requirements or restrictions shall be stated upon the final plat before approval and recording and shall have the same effect as though set out as a part of this ordinance. (7-5-7)
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(C) Action by subdivision committee. The director may refer an application for subdivision to the subdivision committee established under section 11-1506 when the parcel to be subdivided does not exceed three acres and no dedication of land is involved. In that case, the following procedures shall
apply:
(1) The committee shall act on an application referred to it after a public hearing with notice under section 11-300 or it may, in its discretion, refer an application to the full commission for action. The committee's action, including any referral to the full commission, shall occur within the 45 day limitation of section 11-1708(B)(2).
(2) A decision of the committee shall be considered the final action of the commission unless an appeal is filed.
(3) A decision of the subdivision committee, except a decision to refer an application to the full commission for action, may be appealed to the commission by the same persons identified in section 11-1708 (D)(1) by filing a written notice of appeal with the director within five days following the committee action. The appeal shall be heard de novo by the commission at the first regular meeting for which proper legal notice can be given. (7-5-25)
(D) Appeal of action on Preliminary Plat.
(1) After the commission approves or disapproves a plat submitted under this section, there may be an appeal from the decision to the city council. An appeal from an approval must be made by the owners of at least 20 percent of the area of the land within 300 feet of the boundaries of the proposed subdivision. The director shall verify that those filing are legal property owners. The director of transportation and environmental services shall verify the required 20 percent area. Streets, alleys and land dedicated to public use or land owned by the city, state or federal government or public agencies shall not be included in computing that area.
(2) An appeal from an approval or disapproval by the commission shall be made in writing and filed with the city clerk within 15 days from the decision of the commission. When an appeal is filed, the city council shall schedule at least one de novo public hearing on the matter and may affirm, reverse or modify the decision of the commission or return the matter to the commission for further consideration. On appeal the same standards shall be applied by the council as are established for the commission.
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(3) When an appeal is filed, the commission shall forward one copy of the plat, together with its reasons for approval or disapproval, to the city council and shall designate at least one member of the commission to appear before the city council at the public hearing.
(4) The legal effect of commission approval shall be stayed pending the outcome on appeal. (7-5-9)
11-1709 Final Plats.
(A) Application for approval of final plat. If a preliminary subdivision plat is approved, or approved with modifications, and no appeal is taken, the applicant shall have a final plat of subdivision prepared by a professional engineer or land surveyor authorized by the Commonwealth of Virginia, or if required by the director, by both. The plat shall conform to the Standards for Plats adopted by the Virginia State Library Board under 42.1-82 of the Virginia Code. The plat may show only part of the land designated on the preliminary subdivision plat if desired. The final plat shall incorporate any changes requested by the commission on the preliminary plat. The original tracing and five prints of the final plat shall be filed with the director and shall constitute the application for approval for the final plat.
(B) Contents of application. The final plat shall contain the following:
(1) All of the information required of a preliminary plat under section 11-1706(D), except for items 16-24.
(2) The location of metal monuments of not less than one inch in diameter and 24 inches in length shown thus: O, and located in the ground at each intersection of streets and alleys with plat boundary lines, and at all points on street, alley and boundary lines where there is a corner, change in direction, or curvature.
(3) A surveyor's or engineer's seal and certificate of survey in the following form, which may be modified to accommodate title information:
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"I hereby certify that I have carefully surveyed the property delineated by this plat, and that it is correct to the best of my knowledge and belief; that this is a subdivision of part (or all) of the land conveyed by_ _ _ _ _ _ to_________ by deed dated _______and recorded among the land records of _______ in Deed Book ___________ at page___ and is within those boundaries; and that all required monuments have been installed where indicated, except those that will be installed at a later date but before completion of the project.
Certified Surveyor or Engineer"
(4) A curve table shall be placed on the final plat containing the following for all curvilinear boundaries and street centerlines; delta, radius, arc, tangent, chord and chord bearing. All distances shall be shown to the nearest one-hundredth of a foot; angles or bearings to the nearest 10 seconds.
(C) Approval. Final plats submitted under this section shall be checked for substantial compliance with the preliminary plat previously approved by the commission and for compliance with the provisions of this section I I-1700. If the director determines that the plat conforms with such requirements, the plat shall be approved, and he and the chairman or vice-chairman of the commission shall sign it.
(D) Retention of Original. Following release of authenticated copies of the approved plat for recording purposes, the original tracing shall be filed in the office of the director, where it shall be kept as a permanent record and for purposes of reproduction. (7-5-24)
11-1710 Subdivision requirements. In reviewing an application, the commission shall consider the following:
(A) All subdivisions shall be planned to include adequate and convenient open space for traffic, to provide for the installation of utilities, to give access to fire fighting apparatus, and to give due consideration for suitable sites for schools, parks, playgrounds and other desirable amenities.
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(B) No lot shall be resubdivided in such a manner as to detract from the value of adjacent property. Lots covered by a resubdivision shall be of substantially the same character as to suitability for residential use, areas, street frontage, alignment to streets and restrictions as other land within the subdivision, particularly with respect to similarly situated lots within the adjoining portions of the original subdivision.
C) The plat shall conform as near as possible to the master plan and its amendments, a copy of which is on file in the office of the director.
(D) The subdivision shall conform to the requirements of the zone in which the subdivision is situated.
(E) All streets that are designated as part of the main street system on the master plan shall be coterminous with adjoining links in the system and at the same or greater widths.
(F) As far as practicable, all proposed streets shall be continuous and in alignment with existing streets.
(G) Public streets and alleys shall conform to the requirements of section 5-2-4 of the city code. Private streets shall comply with the general standards and specifications for private streets adopted by the Director of Transportation and Environmental Services.
(H) Names of new streets shall be designated in accordance with section 5-2-64 of the city code. The names of existing streets may not be duplicated, but an existing street may be extended under the same name.
(I) In general, side lot lines shall be at right angles to street lines, and on curved streets the lot lines shall be radial.
(J) All lots shall be numbered. In resubdivisions, the lots shall be numbered in series of 500 for a first resubdivision, and in the series of 600 for a second resubdivision and so on.
(K) The blocks shall be numbered, and no block shall be planned to provide for more than two rows of lots. Crosswalks, not less than 10 feet wide and paved to a width of four feet, may be required in blocks over 750 feet long.
(L) Required off-street parking shall not be an integral part of any public street.
(M) Through lots shall be avoided whenever possible.
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(N) Fillet curves having a radius of not less than 25 feet shall be provided for all corners at street intersections, provided, that a lesser curve may be approved by the director of transportation and environmental services.
(O) If a piece of land is to be subdivided into larger parcels than for building lots, the land shall be divided to allow for the opening of major streets and the ultimate extension of adjacent minor streets, and all such parcels shall have legal frontage on a dedicated public street.
(P) Permanent reference monuments shall be set at the ends of any lines as may be designated by the director of transportation and environmental services, but no fewer than two such monuments shall be set in each block. All monuments shall be set in the ground before the final plat is approved, unless, in the opinion of the director of transportation and environmental services, the amount of grading involved in the project will make such monuments useless. If earlier setting would be useless, the monuments shall be set before release of the performance bond or as specified by the director of transportation and environmental services.
(Q) The engineer or surveyor shall provide a boundary survey of the entire parcel and each subsequent section. The allowable error of closure of such parcel or section shall not be less accurate than one part in 10,000. The boundaries of the parcel or section shall be connected with and calculated on the basis of the Virginia coordinate system, north zone, and the coordinates of two adjacent corners shown on the plat if a coordinate station lies within 1,200 feet of the nearest comer of the entire parcel in question; provided that a subdivision consisting of fewer than seven lots or an area of less than three acres need not be reported on the Virginia coordinate system unless a coordinate station is available within 500 feet of the property to be subdivided. Resubdivision of lots in existing recorded subdivisions shall not be subject to this requirement. (7-5-27)
(R) Street plans and profiles, including, but not limited to, storm drainage and sanitary service sewer facilities, and all underground public service facilities, existing and proposed, including without limitation water sewer and electric, shall be submitted and approved by the director of transportation and environmental services before release for recordation of the final plat. For cul-de-sacs or involved intersections, spot grades may be required if the director of transportation and environmental services deems it necessary. The public service companies shall provide plans to scale or other information sufficient to provide the project engineer with data necessary to complete accurate and detailed street plans and profiles so that the street plans and profiles shall conform to the standards set by the director of transportation and environmental services. Facilities shall be constructed in accordance with approved plans, unless
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amendments are approved by the director of transportation and environmental services. (7-5-28b)
11-1711 Required improvements. Improvements required in conjunction with subdivision approval shall be the same as those required for site plans under section 11-412 and the cost of those improvements shall be established under section 11-413 of this ordinance.
11-1712 Amendment to approved plat. A major change to an approved subdivision plat, other than those requested by the commission, requires that an amended subdivision plat be filed and approved. A minor, nonmaterial modification may be approved by the city manager, on the recommendation of the director and the director of transportation and environmental services.
11-1713 Variations. The commission may, by vote of a majority of its members, authorize specific variations from the provisions of this section 11-1700, when in its opinion a strict adherence to such provisions would result in substantial injustice or hardship and when one of the following circumstances exists; provided, however, that the use or character of the resulting lots or parcels in such a subdivision shall not be inconsistent with the use provisions of the zone in which the property is situated or the existing development in the immediate area:
(A) Extremely rugged topography.
(B) Irregularity in shape of parcel preventing conformance with normal lot area or frontage requirements.
(C) Insufficient frontage on existing street where the interior of the tract can be served only by a street substandard in width when not serving more than five lots, provided the street is not less than 30 feet in width. If only a single lot is served, the width may be less than 30 feet. A turn around area may be required.
(D) Streets along border of the subdivision where the subdivision borders on unsubdivided land and the remaining street width will be provided from the adjacent land.
(E) Resubdivision of lots in subdivisions of record as of January 1, 1952, where, because of existing structures or gross area of land involved, the subdivided lots would not conform to all of the requirements of the zone in which the subdivision is located. (7-5-29)
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11-1714 Time of validity.
(A) Time for recording. Approval of a preliminary plat shall be null and void if no final plat of the subdivision or a section of it is recorded in the office of the clerk of the circuit court of the city within 18 months after the date of approval, unless application for an extension of time is made.
(B) Extension of time. An extension of time for recording a final plat may be granted by the commission if an application is filed with the director during the 18 month period and the application is granted by the commission. No extension of time shall be granted unless an additional filing fee, which is one half of the filing fee charged for final plats, is paid. (7-5-21a)
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Sections of Subdivision Regulations
to Add to Other Sections of The Zoning Ordinance
Sec. 11-207(A)(12) Civil penalties.
The transfer, sale, offer to sell, or agreement to sell any land or portion of land by reference to or display of an unapproved and unrecorded plat, regardless of whether the land is described by metes and bounds. (7-5-10) (but see Charter Sec. 9-29)
Sec. 11-1506 Subdivision committee.
(A) A committee of the commission is established for the purpose of hearing and acting on applications for subdivision approval when the parcel to be subdivided does not exceed three acres, no new public or private streets are proposal and no dedications are involved.
(B) The committee shall consist of two members of the commission, who shall be appointed by the chairman, and the director or his designee. Any two members shall constitute a quorum.
Sec. 2-100 Definitions.
(1) Block. A parcel of land or group of lots completely surrounded by streets, or a parcel of land or group of lots having frontage along one side of a dedicated public street either in excess of 750 feet and consisting of five acres, or between two dedicated intersecting public streets, or between one dedicated intersecting public street and the corporate limits of the city.
(2) Co-ordinate station. A station established under with the provisions of sections 55-287 through 55-297 of the Code of Virginia and its amendments, known as the Virginia Co-ordinate System, as based on the co-ordinate positions established by the U.S. Coast and Geodetic Survey and extended by others with the approval of the director of transportation and environmental services, which has been permanently marked or so referenced to provide for the replacement at the exact position originally established.
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(3) Corner lot. A lot having frontage on both of two intersecting streets.
(4) Through lot. A lot, other than a corner lot, having frontage on two streets.
(5) Monument. Permanent concrete or stone markers not less than five inches in diameter and not less than 30 inches in length, with an appropriate center mark of nonferrous metal pin or plate.
(6) Outlot. Any unit of land that does not meet the requirements of section 11-1700.
(7) Parcel. A unit of land of such size and dimensions that it may be divided into two or more lots in accordance with the requirements of the zone in which it is situated.
(8) Park. A public area reserved for natural or artificial landscaping, which may include recreational facilities and structures.
(9) Plat. A schematic representation of land divided or to be divided.
(10) Private street. A privately owned right-of-way, established by an easement shown on a recorded subdivision plat, providing access to private properties and other streets, including but not limited to, use for utilities, walks and vehicular traffic.
(11) Street. A public right-of-way dedicated or otherwise acquired for general public access to private properties and other streets, including but not limited to, use for utilities, walks and vehicular traffic.
(12) Subdivision. The division of a lot, parcel or tract of land into two or more lots, plots, sites, parcels or other divisions for the purpose, whether immediate or future, of sale or building development and including the resubdivision of existing lots, parcels, tracts or other divisions of existing and duly recorded subdivisions. Any tract of land upon which a street, alley or public right-of-way is dedicated shall be considered a subdivision.
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36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 1996. (#16 2/13/96) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated February, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 2/24/96, and is incorporated herewith as part of this record by reference.)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley left meeting Rich "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3846
AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1996, which began on the first day of July 1995 and ends on the thirtieth day of June 1996.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1995, but not appropriated, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1996, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $ 793
Sheriff -150,352
Court Services 3,500
Other Correctional Activities 167,288
Transportation and EnvironmentalServices 160,000
Fire 258
Police 25,000
Human Services 220,957
Housing -7,882
Recreation 9,240
Total Estimated Revenue $428,802
APPROPRIATION:
Human Relations $793
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Sheriff -150,352
Court Services 3,500
Other Correctional Activities 167,288
Transportation and EnvironmentalServices 160,000
Fire 258
Police 25,000
Human Services 220,957
Housing -7,882
Recreation 9,240
Total Appropriation $428,802
Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1996, the source of such amounts being donations to the city which have been accepted and adjusted but not appropriated for fiscal year 1996, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1996, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Citizen Assistance $ 10,000
Police 1,000
Human Services 7,000
Total Estimated Revenue $ 18,000
APPROPRIATION:
Citizen Assistance $ 10,000
Police 1,000
Human Services 7,000
Total Appropriation $ 18,000
Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1996, the source of such amounts being court filing fees whose revenues have been accepted and adjusted but not appropriated in fiscal year 1996, and further, that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1996, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Clerk of Courts $ 7,000
Total Estimated Revenue $ 7,000
APPROPRIATION:
Clerk of Courts $ 7,000
Total Appropriation $ 7,000
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Section 4. That the Council of the City of Alexandria Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being Intergovernmental Revenue, and further, that the council does hereby allot the amount so appropriated for and to the following capital project which is included in the fiscal year 1996 capital improvement budget: city project no. 011-096.
ESTIMATED REVENUE:
Intergovernmental Revenue $ 725,354
Total Estimated Revenue $ 725,354
APPROPRIATION:
Capital Projects $ 725,354
Total Appropriation $ 725,354
Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being Sale of Equipment, and further, that the council does hereby allot the amount so appropriated for fiscal year 1996, as follows:
GENERAL FUND
ESTIMATED REVENUE:
Sale of Equipment $175,000
Total Estimated Revenue $175,000
APPROPRIATION:
Registrar $175,000
Total Appropriation $175,000
Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1996, the source of such amounts being Component Unit - School's Fund Balance, and further, that the council does hereby allot the amount so appropriated, as follows:
APPROPRIATION:
Component Unit Schools $560,133
Total Appropriation $560,133
Section 7. That the Council of the City of Alexandria Virginia, does hereby make provision for and appropriate to the fund hereafter stated the amount hereafter stated that are required to defray certain expenditures and liabilities of the city for fiscal year 1996, the source of such amount being Charges for Services and Equipment Replacement Retained Earnings, and further, that the council does hereby allot the amount so appropriated to various city departments for fiscal year 1996, as follows:
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EQUIPMENT REPLACEMENT FUND:
APPROPRIATION:
Fire $ 91,456
Police 40,000
Sheriff 15,000
Health 2,060
Total Appropriation $ 148,516
Section 8. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Vice Mayor
Introduction: 2/13/96
First Reading: 2/13/96
Publication: 2/15/96
Public Hearing: 2/24/96
Second Reading: 2/24/96
Final Passage: 2/24/96
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (38 - 43)
Planning Commission (continued)
38. CITY CODE AMENDMENTS -- ENCROACHMENTS -- Public Hearing and Consideration of an amendment to the City Code to add provisions (Section 5-2-29) regarding encroachments into the public right-of-way. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Deferred
39. STUDY #96-01 -- FENCES IN FRONT YARDS -- Public Hearing and Consideration of a study of possible changes to the regulation of fences in second front yards on corner properties. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Deferred
40. STUDY #96-02 -- NONCONFORMING USE REGULATIONS -- Public Hearing and Consideration of a study of possible changes to regulations regarding nonconforming uses. Staff -- Department of Planning and Zoning.
COMMISSION ACTION: Deferred
41. MASTER PLAN AMENDMENT #95-0007 -- 931 POWHATAN STREET --GATEWAY -- Public Hearing and Consideration of an amendment to the Northeast Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from RB/Residential to OCM-50/Office Commercial Medium, limited to residential development. Applicant: Lawrence N. Brandt,, Inc. by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Application withdrawn by staff.
42. SUP #95-0210 -- 105 SOUTH UNION STREET -- Public Hearing and Consideration of a request for a special use permit for amusement enterprise (fortune telling); zoned CD/Commercial Downtown. Applicant: Palmistry, Eda Megel, by John T. Donelan, attorney.
COMMISSION ACTION: Deferred
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43. 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: Deferred 7-0
WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Walker, seconded by Council Member Rich and carried on a vote of 5-to-0, at 3:05 p.m., the Public Hearing Meeting of Saturday, February 24, 1996, was adjourned. The voting was as follows:
Walker "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Donley left meeting Pepper "aye"
APPROVED BY:
----------------------------------------------
KERRY J. DONLEY VICE MAYOR
ATTEST:
-------------------------------------------
Beverly I. Jett, CMC, City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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Original Author: Anonymous
Date Entered: 12/27/1996 09:41:03 AM
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