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Public Hearing Meeting
Saturday, January 20, 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; Ms. Hansen, Deputy Director of Housing; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Tate and Ms. Wilcox, Urban Planners, Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Fire Chief Hawkins; and Sergeant Hazel, 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 City Council were present, except Councilwoman Pepper and Council Member Rich who arrived at 9:35 a.m.



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-14)
Planning Commission
WITHOUT OBJECTION, City Council included Docket Item No. 15 under the Consent Calendar, and removed Docket Item Nos. 10 and 11 from it.

3. TEXT AMENDMENT #95-14 -- UTILITIES Public Hearing and Consideration of a text amendment to Section 7-1200 (Utilities) of the Zoning Ordinance to include private telecommunication installations. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 1/20/96, and is incorporated herewith as part of this record by reference.)
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4 . TEXT AMENDMENT #96-01 -- REVISED SUBDIVISION REGULATIONS -- Public Hearing and Consideration of a text amendment to Section 11-1700 of the Zoning Ordinance to add new subdivision regulations to the zoning ordinance. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 1/20/96, and is incorporated herewith as part of this record by reference.)

5. REZONING #95-0009 -- 815 SLATER'S LANE -- Public Hearing and Consideration of a request for a technical correction to the zoning map changing the zone classification of the subject property from CDD #10/Coordinated Development District, Potomac Yard/Greens to OC/Office Commercial, consistent with the Potomac Yard/Potomac Greens Small Area Plan section of the adopted Master Plan. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 1/20/96, and is incorporated herewith as part of this record by reference.)

6. SUP #95-0118 -- 2838 DUKE STREET -- MOBIL STATION --Public Hearing and Consideration of a request for a special use permit to expand an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora (Duke Street Mobil), by Warren L. Almquist, architect.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 1/20/96, and is incorporated herewith as part of this record by reference.)

7. SUP #95-0157 -- 722-726 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit for a change of ownership of the business MBT Automobile Repair, and deletion of the parking lot at 726 North Henry Street from the special use permit; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Eduardo Espinoza.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 1/20/96, and is incorporated herewith as part of this record by reference.)

8. SUP #95-0194 -- 218 EAST MONROE AVENUE -- SAINT PAUL'S CHURCH -- Public Hearing and Consideration of a request for a special use permit to operate a day nursery within Saint Paul's Church; zoned R-2-5/Residential. Applicant: Zadie M. Hudson.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 1/20/96, and is incorporated herewith as part of this record by reference.)
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9 . SUP #95-0196 -- 1700 EISENHOWER AVENUE -- VIRGINIA CONCRETE -- Public Hearing and Consideration of a review of a special use permit for a concrete plant; zoned OCM-100/Office Commercial Medium. Applicant: Virginia Concrete Company, Inc.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 1/20/96, and is incorporated herewith as part of this record by reference.)

12. SUP #95-0171 -- GOODWIN HOUSE -- 4800 FILLMORE AVENUE --Public Hearing and Consideration of a request for a special use permit, with site plan, for a home for the elderly, a temporary marketing trailer, an increase in penthouse height and modification to yards are requested; zoned RC/Residential. Applicant: Goodwin House, Inc., by Gary B. Selmeczi.


COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 1/20/96, and is incorporated herewith as part of this record by reference.)

13. SUP #95-0187 -- 3807 MOUNT VERNON AVENUE -- PO SIAM RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of a restaurant; Zoned CDD#6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: Po Siam Restaurant, by Nirun Vongpukkean.

COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 1/20/96, and is incorporated herewith as part of this record by reference.)

14. SUP #95-0195 -- 1603 COMMONWEALTH AVENUE -- DEL RAY CAFE --Public Hearing and Consideration of a request for a special use permit to change the ownership and to add limited delivery service to the existing restaurant; zoned CL/Commercial Low. Applicant: Alexandria Food Company, by Mark S. Abraham.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 1/20/96, and is incorporated herewith as part of this record by reference.)

15. SUP #95-0181 -- 2912 SYCAMORE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned RA/Residential. Applicant: Cynthia R. Watkins.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 1/20/96, and is incorporated herewith as part of this record by reference.)



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WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Euille and carried unanimously, City Council approved the Consent Calendar as presented, with the exception of Docket Item Nos. 10 and 11 which were considered under separate motions, and added Docket Item No. 15 to the Consent Calendar. The Planning Commission recommendations are as follows:

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

4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and to amend section 11-1713.

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

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

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

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

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

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

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

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

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

END OF ACTION CONSENT CALENDAR
The voting was as follows:
Rich "aye" Cleveland "aye"
Euille "aye" Pepper "aye"
Donley "aye" Walker "aye"







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10. ENCROACHMENT #95-0017 -- 5601 COURTNEY AVENUE -- NEWTON ASPHALT -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a sign; zoned I/Industrial. Applicant: Newton Asphalt Company, Inc. of Virginia, by James T. Young.

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 1/20/96, and is incorporated herewith as part of this record by reference.)

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

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

11. SUP #95-0138 400 GREEN STREET; 923 SOUTH ROYAL STREET -- SAINT MARY'S SCHOOL -- Public Hearing and Consideration of a request for a special use permit, with site plan, to expand a school; zoned RM/Residential. Applicant: Saint Mary's School; Diocese of Arlington, by Robert J. Test, attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 1/20/96, and is incorporated herewith as part of this record by reference.)

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

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







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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
16. SUP #95-0198 -- 2001 JAMIESON AVENUE -- CARLYLE, COURTHOUSE SQUARE -- Public Hearing and Consideration of a request for a special use permit for a restaurant use (mobile food units); zoned CDD #1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 1/20/96, and is incorporated herewith as part of this record by reference.)

Jonathan Rak, 510 King Street, attorney for applicant, stated that the food carts are not a permanent feature in the Carlyle Development, but an interim use that doesn't necessarily have to last for the full two years. He stated that if the City Council or theJudges don't see the need to have the food carts there, the Developer certainly will not press that.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added Condition #15. The voting was as follows:

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

17. REZONING #95-0008 -- 5651 EISENHOWER AVENUE -- VAN DORN STATION TOWNHOUSES -- Public Hearing and Consideration of a request for a technical correction to the zoning map changing the zone classification of a portion of the subject properties from UT/Utilities and Transportation to OCH/Office Commercial High, consistent with the Landmark/Van Dorn Small Area Plan section of the adopted Master Plan. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 1/20/96, and is incorporated herewith as part of this record by reference.)

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





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

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

18. SUP #95-0153 -- 5651-5701A EISENHOWER AVENUE -- VAN DORN STATION TOWNHOUSES -- Public Hearing and Consideration of a request for a special use permit, with site plan, for residential townhouse development, including approval of lots without public street frontage, to allow an increase in compact parking, to allow parking in common areas, an increase in floor area, and modifications to the site plan; zoned OCH/Office Commercial High. Applicant: JCE Inc., by John E. Cowles.
COMMISSION ACTION: Recommend Denial 4-3

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 1/20/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried unanimously, City Council overrode the decision of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

19. SUP #95-0149 -- 317 CAMERON STREET --Public Hearing and Consideration of a request for a special use permit for a tea room restaurant with retail gift shop and live entertainment; zoned CD/Commercial Applicant: Roger and Joan Kirby.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated January 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 1/20/96, and is incorporated herewith as part of this record by reference.)





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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 4-to-2, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

20. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for restaurant seating and a canopy at 2300 Mount Vernon Avenue. (#18 1/11/96) [ROLL-CALL VOTE]

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

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

Pepper "aye" Cleveland "aye"
Rich "aye" Euille "aye"
Donley "aye" Walker "aye"
ORDINANCE NO. 3839

AN ORDINANCE authorizing the owner of 2300 Mount Vernon Avenue to establish and maintain an encroachment into the public rights-of-way of 2300 Mount Vernon Avenue and the 100 block of East Del Ray Avenue, in the City of Alexandria, Virginia.

WHEREAS, Scott Mitchell is the owner of the property located at 2300 Mount Vernon Avenue in the City of Alexandria, Virginia; and

WHEREAS, Mr. Mitchell desires to establish and maintain a space for outdoor restaurant seating and for a canopy, which space will encroach into the public rights-of-way at 2300 Mount Vernon Avenue and the 100 block of East Del Ray Avenue;



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WHEREAS, the public rights-of-way at those points on 2300 Mount Vernon Avenue and the 100 block of East Del Ray Avenue will not be significantly impaired by this encroachment; and

WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Scott Mitchell (hereinafter the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public rights-of-way of 2300 Mount Vernon Avenue and the 100 block of East Del Ray Avenue in the City of Alexandria, said encroachment consisting of space for outdoor restaurant seating and a canopy, which space extends approximately 13 feet in width and 21 feet in length into the public right-of-way at 2300 Mount Vernon Avenue, and approximately 10 feet in width and 60 feet in length along the public right-of-way of East Del Ray Avenue, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall at all times be subject to the following conditions:

Section 3. 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:


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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 4. 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 5. 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 6. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 7. That 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 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 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.







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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: 1/11/96
First Reading: 1/11/96
Publication: 1/16/96
Public Hearing: 1/20/96
Second Reading: 1/20/96
Final Passage: 1/20/96




21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to make a technical correction to the City of Alexandria's zoning map by changing the zone classification of the property located at 318 North Henry Street from RB/Residential Townhouse to CL/Commercial Low, consistent with the Braddock Road Metro Station Small Area Plan. (#19 1/11/96) [ROLL-CALL VOTE]

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3840

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 the property at 318 North Henry Street from the RB/Townhouse Zone to the CL/Commercial Low Zone (RZ No. 95-006), in accordance with the zoning map amendment heretofore approved by city council.

WHEREAS, the City Council of the City of Alexandria finds and determines that:

1. The Planning Commission, on its own motion, has initiated a technical correction to the zoning map to amend the zoning of the property known as 318 North Henry Street (Zoning Map and Tax Map Parcel No. 64.01-13-16) from the RB/Townhouse Zone to the CL/Commercial Low Zone, to bring the zoning of the said property into conformity with the Braddock Road Metro Station Small Area Plan Chapter of the Master Plan.

2. The said rezoning is in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended.

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:
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Section 1. That Sheet No. 64.01 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:

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the "Official Zoning Map of Alexandria, Virginia."

Section 3. That Sheet No. 64. 01 of the "Official Zoning Map of Alexandria, Virginia," as amended by this ordinance be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Vice Mayor

Attachment: Rezoning Sketch Plans

Introduction: 1/11/96
First Reading: 1/11/96
Publication: 1/16/96
Public Hearing: 1/20/96
Final Passage: 1/20/96







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The subject property and surrounding land uses are shown on the sketch below




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22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend Section 2-100 and Sections 4-103, 4-203, 4-303, 4-403, 4-503, 4-603, 4-703, 4-803, 4-903, 4-1003, 4-1103 and 4-1203 of the Zoning Ordinance to add garden centers as a new use allowed in various zones with special use permit approval, and to amend Section 9-302(E) of the Zoning Ordinance to allow freestanding signs in the historic districts with approval of the Board of Architectural Review. (#20 1/11/96) [ROLL-CALL VOTE]

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3841

AN ORDINANCE to amend and reordain Article II (DEFINITIONS) by adding a new Section 2-150.1 (OUTDOOR GARDEN CENTER), to amend and reordain Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES) to allow outdoor garden centers by special use permit in the commercial zones and industrial zone (TA NO. 95-013), and to amend and reordain Section 9-301 (REVIEW REQUIRED) under Section 9-300 (SIGNS, MARQUEES AND AWNINGS WITHIN OLD AND HISTORIC ALEXANDRIA AND PARKER-GRAY DISTRICTS AND ON 100- YEAR OLD BUILDINGS) of Article IX (SIGNS, MARQUEES AND AWNINGS) (TA NO. 95-011), all of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article II of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 2-150.1, to read as follows:

Section 2-150.1 Outdoor garden center. A retail enterprise that sells plants, garden supplies and services, and similar items not to include heavy equipment such as farm machinery. Notwithstanding any provisions of this ordinance to the contrary, all or portions of the use may be located outside of an enclosed structure if properly sited, as determined by special use permit approval.

Section 2. That Sections 4-100, 4-200, 4-300, 4-400, 4-500, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, and 4-1200 of the City of Alexandria Zoning Ordinance be, and the same hereby are, severally amended by adding to the special use section thereof a new subsection, the appropriate lettered subsection heading to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:

Section 3. That Section 9-301 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Section 9-301(E) Freestanding Signs. One freestanding sign may be permitted on any property zoned commercial if the area of the sign is no greater than six square feet and if the sign is approved by the Board of Architectural Review.

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Section 9-301(F) Prohibited Signs. Notwithstanding the provisions of section 9-301(F), no sign advertising a business, which sign is within 200 feet of and visible from Washington Street, shall be permitted unless it is attached to a building in which the business being advertised is conducted, or unless it is the minimum signage necessary to comply with section 9-7-20 of the city code.

Section 4. That Article II, and Sections 4-100, 4-200, 4-300, 4-400, 1-500, 4-600, 4-700, 4-800, 4-900, 4-1000, 4-1100, 4-1200 and 9-301 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 5. That this Ordinance shall become effective upon the date and at the time of its final passage and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency, or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.
KERRY J. DONLEY
Vice Mayor

Introduction: 1/11/96
First Reading: 1/11/96
Publication: 1/16/96
Public Hearing: 1/20/96
Second Reading: 1/20/96
Final Passage: 1/20/96



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (23-27)

23. 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, Faroukh Ayazi.

24. SUP #95-0193 -- 34 SOUTH REYNOLDS STREET -- ANTONIO'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for extension of time to construct improvements previously approved by special use permit to operate a restaurant, request for a roofed patio area, and permission to remove the condition requiring trash containers in the parking area; zoned CG/Commercial General. Applicant: DGF Restaurant Group, Inc., by Dimitri Alexis.

25. 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: Deferred 7-0

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26. SUP #95-0199 -- 2000 EMERSON AVENUE -- CARLYLE SITE --Public Hearing and Consideration of a request for a special use permit for a temporary parking lot; zoned CDD #1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.
COMMISSION ACTION: Withdrawn by Applicant

27. SUP #95-0167 -- 3606 MOUNT VERNON AVENUE -- OMEGA GRILL Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CG/Commercial General. Applicant: Omega Grill Restaurant.

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.

ORDINANCES AND RESOLUTIONS (continued)

28. Consideration of Resolution Opposing Proposed Changes in Virginia Housing Development Authority's Regulations for Its Single-Family Homeownership Program. [Vice Mayor Donley] [ROLL-CALL VOTE] [THIS IS NOT A PUBLIC HEARING ITEM. ]

(A copy of the Vice Mayor's memorandum dated January 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 1/20/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-0, City Council adopted the resolution. The voting was as follows:

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

The resolution reads as follows:
RESOLUTION NO. 1768
WHEREAS, the mission of the Virginia Housing Development Authority (VHDA) is to help Virginians obtain safe, sound, decent and affordable housing; and

WHEREAS, VHDA fulfills this mission in part through its single-family homeownership programs; and

WHEREAS, the City of Alexandria's Homeownership Assistance Programs require that all participants meet VHDA eligibility requirements; and

WHEREAS, the VHDA Board of Commissioners has proposed a regulation that would deny unrelated households access to its mortgage credit programs; and

WHEREAS, the proposed regulation would deny mortgage credit to such households as two widowed sisters-in-law, two second cousins, two roommates, and unrelated households that rent units in VHDA financed apartments and find their units converting to condominium; and





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WHEREAS, the proposed regulation conflicts with the basic elements of the Equal Credit Opportunity Act, Virginia law governing the right to own property and incur debt; with federal homeownership programs, such as FHA; with private mortgage lending practices; and with the lending policies of other state housing finance agencies; and

WHEREAS, the proposed regulation would adversely affect Alexandria's goal of increasing homeownership opportunities in order to provide more balance in the City's housing stock, which currently is 60% rental;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alexandria opposes the VHDA proposed regulation that would restrict VHDA mortgage credit based solely on marital status and familial relationships; and

BE IT FURTHER RESOLVED, that the City Council of the City of Alexandria calls upon the VHDA Board of Commissioners to reject the proposed regulation and continue its current practices, thus ensuring that VHDA will continue to fulfill its mission of providing affordable housing.

Adopted this 20th day of January 1996.
/s/KERRY J. DONLEY VICE MAYOR
The undersigned certifies that the foregoing Resolution was duly adopted at the Public Hearing Meeting of the City Council of Alexandria held on January 20, 1996.

/s/ Beverly I. Jett, CMC, City Clerk

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, at 11:00 a.m., the Public Hearing Meeting of Saturday, January 20, 1996, was adjourned. The voting was as follows:

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


APPROVED BY:


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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: 12/24/1996 08:51:43 AM


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