Back to FY Dockets


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

* * * * *

Present: Mayor Patricia S. Ticer, 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. Steele, Deputy City Manager; Mr. O'Kane Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Davis, Director of Housing; Mr. Gitajn, Director of Financial and Information Services; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Caton, Legislative Director; Ms. Wilcox, Urban Planner, Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Brannan, Assistant City Manager; Fire Chief Hawkins; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; 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 Mayor Ticer and the City Clerk called the Roll; all Members of City Council were present except Council Member Rich who arrived at 9:45 a.m.
(a) Ray Lewis', 1414 Prince Street, #201, gave a status report of the Cultural Plan Implementation Team.

(A copy of Mr. Lewis, memorandum dated December 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 12/16/95, and is incorporated herewith as part of this record by reference.)

(b) Lynne Pace Robinson, 614 South Saint Asaph Street, representing First Night Alexandria, gave an overview of the First Night activities to be held on December 31, 1995, and invited the Council and everybody to attend.

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

3. TA #95-11 -- HISTORIC DISTRICTS -- FREESTANDING SIGNS -- Public Hearing and Consideration of a text amendment to Section 9-302 (E) (Signs, Historic Districts) of the Zoning Ordinance to allow freestanding signs in the historic districts with approval of the Board of Architectural Review. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/16/95, and is incorporated herewith as part of this record by reference.)

4. TA #95-13 -- GARDEN CENTERS -- Public Hearing and Consideration of a text amendment to Section 2-100 (Definitions) and Sections 4-100 through 4-1200 (each commercial and industrial zone except UT) of the Zoning Ordinance to add garden centers as a new use allowed with special use permit approval. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/16/95, and is incorporated herewith as part of this record by reference.)

5. REZONING #95-0006 -- 318 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a technical correction to the zoning map changing the zone classification of the subject property from RB/Residential Townhouse to CL/Commercial Low, consistent with the Braddock Road Metro Station Small Area Plan section of the adopted Master Plan. Applicant: Department of Planning and Zoning.

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

6. SUP #95-0155 -- 904 NORTH COLUMBUS STREET -- Public Hearing and Consideration of a request for a special use permit for off-street parking reduction for a residential building and for the following modifications: (a) to allow more than 50 percent of the required rear yard to be paved, and (b) to allow a reduction in the required open space; zoned RB/Residential. Applicant: Charles E. and Gloria J. Gee.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/16/95, and is incorporated herewith as part of this record by reference.)




2

7. SUP #95-0172 1200 FIRST STREET; 950 NORTH FAYETTE STREET -- POTOMAC CLUB -- Public Hearing and Consideration of a request for extension of a special use permit for development of apartments with a convenience store; zoned OCH/Office Commercial, High. Applicant: Potomac Club Residences, Phase II, LP, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/16/95, and is incorporated herewith as part of this record by reference.)

8. SUP #95-0175 -- 512 SOUTH VAN DORN STREET -- VAN DORN STATION SHOPPING CENTER ENTERPRISE RENT-A-CAR -- Public Hearing and Consideration of a review of a special use permit for an automobile rental and storage facility; zoned CG/Commercial General. Applicant: Enterprise Rent-A-Car, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/16/95, and is incorporated herewith as part of this record by reference.)

9. SUP #95-0183 -- 2461 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for extension of a special use permit, to increase the frequency of automobile sales events and to expand the hours of operation for the sales event; zoned CDD #2/Coordinated Development District, Eisenhower Avenue. Applicant: Pentagon Federal Credit Union, by Orlando Ciccone.
COMMISSION ACTION: Recommend Approval 5-0

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

10. SUP #95-0186 -- 3131-3133 COLVIN STREET -- PIZZA HUT -- Public Hearing and Consideration of a request for a special use permit to operate a carry-out and delivery restaurant and for a parking reduction; zoned I/Industrial. Applicant: Pizza Hut, Inc., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/16/95, and is incorporated herewith as part of this record by reference.)







3


12. SUP #95-0163 -- 522 EAST WINDSOR AVENUE -- Public Hearing and Consideration of a request for a special use permit for reduction in parking requirements to allow tandem parking and compact spaces; zoned R-2-5/Residential. Applicant: David Jablonski.
COMMISSION ACTION: Recommend Approval 5-0

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

13. SUP #95-0185 -- 2300 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (coffee shop), with outdoor seating and live entertainment; zoned CL/Commercial Low. Applicant: Scott Mitchell, by Gaver Nichols, architect.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/16/95, and is incorporated herewith as part of this record by reference.)

14. ENCROACHMENT #95-0016 -- 2300 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for restaurant seating and canopy; zoned CL/Commercial Low. Applicant: Scott Mitchell, by Gaver Nichols, architect.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Donley and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 11 which was considered under separate motion. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the text amendment.

4. City Council approved the recommendation of the Planning Commission and approved the text amendment.

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 Pllanning 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.




4


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 #14.

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

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.

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

11. SUP #95-0150 -- 501 SOUTH WASHINGTON STREET -- EXXON STATION -- Public Hearing and Consideration of a request for a special use permit for additional on-site parking for an automobile service station; zoned CL/Commercial Low. Applicant: Exxon Corporation, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Euille and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with Condition #16 amended to read as follows: "16. Proposed parking spaces #15, #16, #17, and #18 shall be eliminated." The voting was as follows:

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







5


REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

15. Presentation of Resolution Recognizing Mayor Patricia S. Ticer for Her Service to the City of Alexandria. (The Members of City Council and City Manager Lawson)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Euille and carried unanimously, City Council adopted Resolution No. 1765. The voting was as follows:

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

The resolution reads as follows:

WHEREAS, PATRICIA S. TICER was first elected to the City Council in 1982; served as Vice Mayor from 1984 to 1985 and from 1986 to 1991; and on January 2, 1991, became the first woman Mayor of Alexandria, and was elected Mayor in 1991, and re-elected in 1994; and

WHEREAS, before her election to City Council, she was a leader in community and civic activities, serving as President of Twig, the Alexandria Hospital Junior Auxiliary; treasurer of Residential Youth Services; a PTA Board member; President of FISH; and Senior Warden and member of the vestry of St. Paul's Episcopal Church; and

WHEREAS, she has advanced the quality of life in Alexandria by championing public education, promoting early childhood education, sponsoring the Early Childhood Development Commission, serving as Vice Chair of the Governor's Council on Child Day Care and Early Childhood Programs, serving on the Alexandria Library Board and sponsoring the Alexandria Commission on the Arts; and

WHEREAS, in 1987, as Vice Mayor, she was in the forefront of efforts to revise and update the City's 1974 Adopted Master Plan and the 1951 Zoning Code; and

WHEREAS, as Vice Mayor, she co-chaired the City's Anti-Drug Task Force that in 1987 developed a comprehensive strategy, including enforcement, prevention and treatment initiatives, to address all facets of drug abuse and drug-related crime in the City; and

WHEREAS, as Mayor she led the City's efforts in the summer of 1992 to preserve City Council's authority over local land use decisions against plans for a football stadium at Potomac Yard; and

WHEREAS, as Mayor, she has served as Chair of the Alexandria Economic Development and Tourism Board of Directors and initiated the "Mayor's Local Business Outreach Program" to assist local businesses to expand and thrive within the City; and

WHEREAS, Mayor Ticer has been a leader in regional planning efforts, serving, as Chair of the Northern Virginia Planning District Commission and the Metropolitan Washington Council of Governments; and


6


WHEREAS, also at the regional level, she has taken an active role in efforts to promote efficient transportation and improved air quality and to involve citizen and community organizations in the planning process, serving on the Woodrow Wilson Bridge Coordinating Committee, the Metropolitan Area Transit Authority Board of Directors, and the Metropolitan Washington Air Quality Committee in addition to chairing the Northern Virginia Transportation Commission, and the Metropolitan Washington Transportation Planning Board; and

WHEREAS, at the national level, she has been an active participant in the programs of the National League of Cities and the U.S. Conference of Mayors, serving as co-chair of the Conference of Mayor's Task Force on Hunger and Homelessness, and president of the National Association of Regional Councils; and

WHEREAS, as a consequence of her election to the Senate of Virginia on November 7, 1995, she will, in Richmond, Virginia, on January 10, 1996, the opening day of the 1996 Session of the Virginia General Assembly, take the oath of office as the Senator from Virginia's 30th District, which includes the City of Alexandria and portions of Arlington and Fairfax Counties.

NOW, THEREFORE, BE IT RESOLVED, that the Alexandria City Council and City Manager hereby expresses their sincere appreciation to PATRICIA S. TICER for her leadership and dedicated service to the City of Alexandria as a member of City Council since July, 1982, including five years as Mayor of Alexandria; and extends its congratulations and best wishes to Alexandria's newly elected State Senator and her family.

WITHOUT OBJECTION, City Council considered Docket Item No. 18 at this time.

18. Public Hearing on and Consideration of the City's Position on Proposed Federal Legislation to the U.S. Constitution Regarding Protection of the Nation's Flag from Intentional Acts of Desecration. (Mayor Ticer and Council Member Rich)

(A copy of the City Manager's memorandum dated December 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/16/95, and is incorporated herewith as part of this record by reference.

A copy of Senator Robb's statement dated June 26, 1990, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 12/16/95, and is incorporated herewith as part of this record by reference.)





7


WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council rescinded Resolution No. 1735, adopted March 28, 1995, and favored the retention of the present Bill of Rights. The voting was as follows:

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

19. Consideration of a Request to Amend the Major Events Policy for the Run Versus Row Race. [This Item Was Not a Public Hearing Item.]

(A copy of the City Manager's memorandum dated December 13, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley and carried unanimously, City Council approved the City Manager's recommendation to permit an exception to the Major Events Policy to allow the 1996 "Run Vs. Row" Race to occur on the first Saturday in April (April 6, 1996) instead of the last Saturday in March (March 30, 1996) as currently scheduled. For 1997 and 1998, "Run Vs. Row" would continue to occur on the last Saturday in March. Beyond 1998, we are asking "Run Vs. Row" to pick a date which doesn't conflict with the Cherry Blossom Race. We have been advised by the race director that the presidents of the Old Town Civic Association, the Founders Park Community Association, and the Yates Garden Association, have no objections to changing the date from March 30 to April 6. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
20. SUP #95-0154 -- 2401 JEFFERSON DAVIS HIGHWAY -- AVIS RENT-A-CAR -- Public Hearing and Consideration of a request for a special use permit, with site plan, to build and operate a general automobile repair garage and motor vehicle parking/storage facility; zoned CDD #10/Coordinated Development District, Potomac Yard/Greens. Applicant: Avis Rent-A-Car System, Inc. and RF&P Corporation, by Harry P. Hart, attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/16/95, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's memorandum dated December 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 12/16/95, and is incorporated herewith as part of this record by reference.)




8

WHEREUPON, upon motion by Councilman Euille, seconded simultaneously by Councilman Cleveland and Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations, and the amended Conditions #4, #39, and #57, and amended Condition #46 to read as follows: "46. Provide protected left turn lanes on Route 1 in both directions at Howell Avenue and provide landscaping within the median area and along the curb/sidewalk area to the satisfaction of the Directors of P&Z and T&ES. Additionally, developer shall contribute $50,000 toward a signal with pedestrian crossing lights at Howell and Route l.; and Condition #58 to read as follows: "58. Provide the minimum reasonable amount of land necessary to accomplish the construction of a left turn bay for north bound traffic onto Bellefonte from Route #1." The voting was as follows:

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

NOTE: The City Clerk read Docket Item Nos. 21, 22, 23, and 24 together. City Council made a separate motion on each item.

21. COORDINATED DEVELOPMENT DISTRICT CONCEPT PLAN -- WINKLER SITE -- Public Hearing and Consideration of a request for approval of a Coordinated Development District Concept Plan for the Winkler Tract located at North Beauregard Street and Seminary Road; zoned CDD#4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0



9


(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/16/95, and is incorporated herewith as part of this record by reference.)

22. SUP #95-0141 -- 1460 NORTH BEAUREGARD STREET -- WINKLER SITE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for redevelopment of a shopping center, with parking reduction; zoned CDD#4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/16/95, and is incorporated herewith as part of this record by reference.)

23. SUP #95-0142 1899 NORTH BEAUREGARD STREET AND READING AVENUE -- WINKLER SITE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for development of residential apartments; zoned CDD#4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/16/95, and is incorporated herewith as part of this record by reference.)

24. SUP #95-0143 1899 NORTH BEAUREGARD STREET & READING AVENUE -- WINKLER SITE -- Public Hearing and Consideration of a request for a special use permit for Transportation Management Plan (TMP) approval; zoned CDD#4 Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, together with a copy of the TMP, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 24; 12/16/95, and is incorporated herewith as part of this record by reference.

Communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item Nos. 21, 22, 23 and 24; 12/16/95, and is incorporated herewith as part of this record by reference.)
10

21. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the Planning Commission amendments. The voting was as follows:

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

22. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

11

23. WHEREUPON, upon motion by Councilman Euille, seconded by Councilwoman Pepper and carried oh a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the Planning Commission amendment to Condition #22. The voting was as follows:

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

24. WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with Planning Commission amendments to Conditions #3, #8 and #14. The voting was as follows:

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

25. SUP #95-0168 -- 2101 JAMIESON AVENUE -- CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to the special use permit urban design guidelines for Block E of the Carlyle Project, bounded by Duke Street, Hooff's Run, Eisenhower Avenue and the metrorail tracks, and for a reallocation of uses within the Carlyle Project; zoned CDD#1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley 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"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"







12
26. SUP #95-0174 -- 5800 EDSALL ROAD -- KLINE INFINITI -- Public Hearing and Consideration of a review of a special use permit for an automobile sales and service dealership; zoned CG/Commercial General. Applicant: Kline Infiniti.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of item No. 26; 12/16/95, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Donley 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"
Donley "aye" Euille "aye"
Ticer "aye" Rich "aye"
Walker "aye"

ORDINANCES AND RESOLUTIONS

27. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to enable taxpayers aggrieved by the levy of city taxes to petition the appropriate city official for a reduction in taxes, and to authorize the director of finance, following a determination that excessive city taxes have been levied, to refund to taxpayers the amount of excessive taxes paid. (#25 12/12/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated December 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/16/95, and is incorporated herewith as part of this record by reference.)

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

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

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

The ordinance finally passed reads as follows:







13

ORDINANCE NO. 3838

AN ORDINANCE to add a new Section 3-2-9 (REFUND OF LOCAL TAXES) to Article A (GENERAL PROVISIONS) of Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article A of Chapter 2, Title 3 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new section 3-2-9, to read as follows:

Sec. 3-2-9 Refund of local taxes.

(a) Except as provided in subsection (b), any person who is aggrieved by an assessment of local taxes may apply to the director for correction of the assessment. Application for correction of the assessment shall be made on a form prepared by the director or as otherwise prescribed by the director. When the director is satisfied that an erroneous assessment has been made, he shall reduce the amount of assessed taxes and refund any taxes that have been paid in excess of that amount, together with any penalties and interest that have been paid on that amount.

(b) Any person who is aggrieved by an assessment of real property taxes may apply to the director of the office of real estate assessments for correction of the assessment. Application for correction of the real property assessment shall be made on a form prepared by the director of the office of real estate assessments or as otherwise prescribed by said director. When the director of the office of real estate assessments is satisfied that an erroneous assessment has been made, he shall certify to the director the amount of the erroneous assessment, and the director shall reduce the amount of assessed taxes and refund any taxes that have been paid in excess of that amount, together with any penalties and interest that have been paid on that amount.

(c) In no event may the director reduce an assessment of taxes or refund taxes when the reduction or refund is barred by law.

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

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







14


OTHER

28. Consideration of the Following Interim Appointments of Members of City Council to City and Regional Boards, Commissions and Committees for the Vacancies Created by the Departure of Mayor (Senator-elect) Ticer: (Vice Mayor Donley)
1 Member

(e) Council of Governments: Metropolitan Washington Air Quality Committee
1 Member

(f) Council of Governments: Regional Transportation Planning Board
1 Member

WITHOUT OBJECTION, the City Council interim appointments are as follows: [All City Council appointments will be re-visited in May or June.)

(a) Council Member Walker was appointed to the Northern Virginia Transportation Commission;

(b) Council Member Walker was appointed to the Washington Metropolitan Transit Authority Board;

(c) Vice Mayor Donley was appointed to the Regional Citizen Advisory Group - Woodrow Wilson Bridge Improvements, and Senator-elect Ticer will be an ad hoc Member to this Group;

(d) Vice Mayor Donley was appointed to the Council of Governments Board of Directors, and Councilwoman Pepper will remain the alternate member;

(e) Councilwoman Pepper was appointed to the Council of Governments Metropolitan Washington Air Quality Committee, and Councilman Cleveland will be the alternate member;

(f) Councilman Cleveland was appointed to the Council of Governments Regional Transportation Planning Board, and Council Member Walker will be the alternate member;

(g) Councilman Euille was appointed to the Economic Development Board of Directors; and

(h) Councilwoman Pepper was appointed to the Library Board.





15


New Business Item No. 1: WITHOUT OBJECTION, City Council scheduled a Special Meeting on Friday, January 5, 1996, at 9:00 a.m., to receive the resignation of Mayor Ticer and to adopt the resolution declaring the vacancy of the Mayor.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

29. TA #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.

30. SUP #95-0161 -- 1016-1020 NORTH HENRY STREET -- DAVID'S CAR WASH -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the business and remove an expiration date; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: James N. Hottle, III.

31. 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.

32. SUP #95-0157 -- 722-726 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit for (a) a change of ownership of the business MBT Automobile Repair, (b) permission to operate a snack area, and (c) 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.

33. 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: Deferred 5-0

34. 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: Deferred; Improper Notice.

35. 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.


16


36. 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 toOCH/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: Deferred as requested by Staff.

37. 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: Deferred as Requested by Applicant.

38. VACATION #95-0001 -- 1460-1476 NORTH BEAUREGARD STREET -- WINKLER SITE -- HAMLET SHOPPING CENTER -- Public Hearing and Consideration of a request for vacation of a portion of Rayburn Avenue adjacent to the Hamlet Shopping Center; zoned CDD#4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by William C. Nussbaum, attorney; and appoint of viewers for same.

39. 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.
COMMISSION ACTION: Deferred; Improper Notice.

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

40. Consideration of Advancing a Portion of the Arlandria/Chirilagua Housing Cooperative Home Purchase Assistance Monies in Order to Meet Mandatory December 29 Refinancing Settlement Date. [This Item Was not a Public Hearing Item.]

(A copy of the City Manager's memorandum dated December 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 12/16/95, 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 an advance, to the Arlandria/Chirilagua Housing Corporation, of up to $112,000 of the $150,000 previously approved by City Council for homeownership assistance loans, to be disbursed prior to December 29, 1995, with the following conditions: (1) all other necessary financing must be provided at settlement; (2) the Arlandria/Chirilagua Housing Corporation must provide to the Office of Housing, no later than June 30, 1996, a sufficient number of completed applications from qualified purchasers to support fully the $112,000 subsidy advanced; (3) no portion of the balance of the $150,000 loan pool, or $38,000, will be disbursed to the cooperative corporation until sufficient applications are received to support the total amount advanced; and (4) if a sufficient number of applications from qualified purchasers is not received by the
17


June 30, 1996 date, the amount of the $112,000 advance not supported with qualified applications will become immediately due and payable to the City at 3% interest. The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, at 1:35 p.m., City Council recessed for lunch and a work session with the City's Legislative Delegation. The voting was as follows:

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



The following items were up for discussion during the work session with the Legislative Delegation:

1. Making Information About Juveniles on Probation Available to Local Police Departments

18
Raymond Johnson

(A copy of the agenda and material pertaining to this work session is on file in the office of the City Clerk and Clerk of Council and incorporated herewith as part of the record.)

General Discussion. The Mayor and Members of City Council, Senator-elect Ticer and Delegates VanLandingham and Moran, City Manager Lawson, City Attorney Sunderland, School Board Member Linderman, Legislative Director Caton, Budget and Management Director Godwin, Economic Development Director Flaherty, Community Services Board Member List, Mental Health, Mental Retardation and Substance Abuse Director Claiborn, Landlord-Tenant Relations Board Chair Johnson, Housing Director Davis, and Fire Chief Hawkins participated in the discussion of the above items.

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously, at 2:55 p.m., the Public Hearing Meeting was reconvened and Council considered Docket Item Nos. 16 and 17. The voting was as follows

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




19
16. Public Hearing on and Consideration of the City of Alexandria's Proposed 1996 Charter Bill. (#25 11/14/95) [This Item Was Heard after the Lunch Break.]

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

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

WHEREUPON, upon motion by Council Member Walker, seconded simultaneously by Vice Mayor Donley and Councilwoman Pepper and carried unanimously, City Council approved the proposed 1996 Charter Bill and authorized its filing. The voting was as follows:

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


17. Consideration of the City of Alexandria's Proposed Legislative Package for the 1996 Session of the Virginia General Assembly. (#19 11/18/95; #25 11/14/95) [This Was Considered after the Lunch Break.]

(A copy of the City Manager's memorandum dated December 14, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/16/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded simultaneously by Councilwoman Pepper and Council Member Walker and carried unanimously, City Council adopted the proposed Legislative Package for the 1996 Session of the Virginia General Assembly. The voting was as follows:

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, at 3:02 p.m., the Public Hearing Meeting for Saturday, December 16, was adjourned. The voting was as follows:

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


APPROVED BY:

____________________________
PATRICIA S. TICER MAYOR
ATTEST:

_______________________________
Beverly I. Jett, CMC, City Clerk

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *

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.
* * * * *

Edit History

Original Author: Anonymous
Date Entered: 12/30/1996 12:17:52 PM


Edit History:Rev.
Editor
Edit Date