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Public Hearing Meeting
Saturday, November 18, 1995 - - 9:30 am

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

Absent: Council Member Lonnie C. Rich.

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; Ms. Hansen, Deputy 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; Fire Chief Hawkins; Police Chief Samarra; 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.

(a) Kathleen Snyder, 801 North Fairfax Street, Suite 402, President and CEO, Alexandria Chamber of Commerce, spoke to the Old Town marketing campaign.

(b) Kim Holien, 4701 Kenmore Avenue, #1205, gave a slide presentation on the Civil War in the West End.

(c) Pamela Kicak, 1104 Cross Drive, spoke to the proposed CIP budget of the School Board, the EPA mandates, and the physical conditions existing in some of the schools, especially Mt. Vernon Elementary School.

City Manager Lawson and Management and Budget Director Godwin participated in the discussion.

Vice Mayor Donley requested that the City Manager place discussion of this issue on the agenda for the monthly meeting with the Chair and Vice Chair of the School Board.


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3 - 17)
Planning Commission
3. SUP #95-0179 -- 3600 COMMONWEALTH AVENUE -- CORA KELLY SCHOOL -- Public Hearing and Consideration of a request for a special use permit, with site plan, for an expansion of a noncomplying use, to construct a 10,450-square-foot addition to the existing school facility; zoned RB/Residential and POS/Public Open Space. Applicant: Alexandria Public Schools, by R.C. Fields, Jr., engineer.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/18/95, and is incorporated herewith as part of this record by reference.)

4. SUP #95-0124 -- 1108 JEFFERSON STREET -- LEE CENTER -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct additions to a public building and to construct other site improvements, including additional parking; a reduction in required off-street parking is also requested; zoned POS/Public Open Space and Community Recreation Zone. Applicant: City of Alexandria, Department of General Services.

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/18/95, and is incorporated herewith as part of this record by reference.)

5. SUP #95-0127 -- 1701 NORTH QUAKER LANE -- SAINT CLEMENT EPISCOPAL SCHOOL -- Public Hearing and Consideration of a request for a special use permit to increase the hours of operation and the number of students for a day nursery; zoned R-8/Residential. Applicant: St. Clement Episcopal School, by Deniza I. Sluss.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/18/95, and is incorporated herewith as part of this record by reference.)

6. SUP #95-0134 -- 2754 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit for light automotive repair; zoned CG/Commercial General. Applicant: Erik C. Hill.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/18/95, and is incorporated herewith as part of this record by reference.)





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8. SUP #95-0144 -- 500 KING STREET -- LA MADELEINE RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add live entertainment to an existing restaurant; zoned CD/Commercial Downtown. Applicant: LaMadeleine French Bakery & Cafe, Inc., by Robert S. Davies.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/18/95, and is incorporated herewith as part of this record by reference.)

10. SUP #95-0147 -- 3846 KING STREET -- FAIRLINGTON PRESBYTERIAN CHURCH -- Public Hearing and Consideration of a request for a special use permit to change the hours of operation of a nursery school; zoned RA/Residential. Applicant: Beth Barton Posey.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 11/18/95, and is incorporated herewith as part of this record by reference.)

11. SUP #95-0148 -- 621 KING STREET -- Public Hearing and Consideration of a request for a special use permit for a commercial school for languages; zoned CD/Commercial Downtown. Applicant: International Language Academies, by Joelyne Page.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/18/95, and is incorporated herewith as part of this record by reference.)

12. SUP #95-0156 -- 279 SOUTH VAN DORN STREET -- VAN DORN PLAZA CENTER -- ANETTE'S BBQ HEAVEN -- Public Hearing and Consideration of a request for an amendment to a special use permit for a restaurant to add seats, delivery service and beer and wine sales; zoned CG/Commercial General. Applicant: Anette's BBQ Heaven One, Inc.

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/18/95, and is incorporated herewith as part of this record by reference.)

13. SUP #95-0160 -- 1406 KING STREET -- Public Hearing and Consideration of a request for a special use permit for a carry-out restaurant at an existing newsstand; zoned CD/Commercial Downtown. Applicant: Jong Suk Choi and Hyon Su Choi.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/18/95, and is incorporated herewith as part of this record by reference.)






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14. SUP #95-0162 --109 CLERMONT AVENUE -- Public Hearing and Consideration of a request for a special use permit to add a restaurant to a catering business; zoned OCM-100/office Commercial Medium. Applicant: Reinhardt & Singer Associates, Inc., by M. Ann Shultz.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/18/95, and is incorporated herewith as part of this record by reference.)

15. SUP #95-0164 -- 2936 LANDOVER STREET -- Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RA/Residential. Applicant: Merilee Pinkleton.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 7, 9, 16, and 17, which were considered under separate motions. The Planning Commission recommendations are as follows:

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

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

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

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

8. 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 approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Conditions #13 and #14.




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

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

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

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

7. SUP #95-0137 -- 5350 DUKE STREET -- PRECISION TUNE -- Public Hearing and Consideration of a request for a special use permit, with site plan, to expand an automobile repair garage; zoned CG/Commercial General. Applicant: Stephen Pflieger, by Hamid M. Tehrani.

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 11/18/95, 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 by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

9. SUP #95-0145 -- 2000 MOUNT VERNON AVENUE -- SNUGGERY RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CL/Commercial Low. Applicant: Chanel, Inc., by Tom Papageorge.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/18/95, and is incorporated herewith as part of this record by reference.)




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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-0-1, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

16. SUP #95-0101 -- 2700 JEFFERSON DAVIS HIGHWAY -- KABUL CAFE -- Public Hearing and Consideration of a review of a special use permit and request to add seating and a storage building, and request for off-street parking reduction for the existing restaurant; zoned I/Industrial. Applicant: Qasim Abbasi, t/a Kabul Cafe.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #25 and the added Condition #26. The voting was as follows:

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

17. SUP #95-0105 -- 547 EAST DUNCAN AVENUE -- Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RB/Residential. Applicant: Eunice Thomas.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried on a vote of 5-to-1, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

18. Public Hearing and Consideration of the 1995 Annual Report. (#40 10/10/95)

(A copy of the 1995 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/18/95, 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 unanimously by all those present, City Council closed the public hearing and received the report. The voting was as follows:

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

At this point, Mayor Ticer noted the withdrawal of Docket Item No. 25.

25. SUP #95-0165 -- 3701 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit for light automotive repair and to change a noncomplying photoprocessing use to long-term storage; zoned CDD#6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: J&F Motors, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated November 17, 1995, withdrawing this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of a letter dated November 17, 1995, in opposition to this item, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 11/18/95, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the withdrawal of this item.

At this point, City Council considered Docket Item No. 19 and Docket Item No. 29 together. A separate motion was made on each item.

19. Public Hearing on and Consideration of the City of Alexandria's Proposed Legislative Package for the 1996 Session of the Virginia General Assembly. (#25 11/14/95)

(A copy of the City Manager's memorandum dated November 10, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/18/95, and is incorporated herewith as part of this record by reference.


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A copy of the City Manager's memorandum dated November 17, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of a memorandum dated November 16, 1995, from the Co-Chairs of the Small and Minority Business Task Force, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 11/18/95, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city's business license tax, also known as the business professional and occupational license (or BPOL) tax, to exempt from the tax all businesses with less than $10,000 in gross receipts, to provide for a flat tax of $30 on all businesses with gross receipts of between $10,000 and $50,000, to conform with a model BPOL ordinance developed by the Virginia Municipal League and Virginia Association of Counties that is being adopted by numerous jurisdictions throughout the Commonwealth, to eliminate numerous archaic terms and classifications in the current ordinance, to provide for fair allocation of receipts when a business operates both within and outside the city, to establish a mechanism for audits and administrative appeals and a system by which the director of finance can issue local tax rulings, to establish a mechanism for interjurisdictional agreements, to facilitate administration of and compliance with the BPOL tax, and to more precisely define certain terms used in the administration of the tax. (#20 10/10/95) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated November 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated September 25, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of the substitute 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. 3 of Item No. 29; 11/18/95, 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. 4 of Item No. 29; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's memorandum dated November 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 29; 11/18/95, and is incorporated herewith as part of this record by reference.)

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WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council received the legislative report; closed the public hearing; scheduled a work session with our legislative delegation to discuss the package; in addition, scheduled a public hearing on and adoption of the proposed Charter amendments for Saturday, December 16; incorporated the City Manager's recommendations in her memorandum dated November 16, 1995; and incorporated the additions submitted by the Chamber of Commerce Small and Minority Business Task Force in its memorandum dated November 16, 1995. The voting was as follows:

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

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

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

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3834
AN ORDINANCE to amend and reordain Article A (GENERAL PROVISIONS), Article B (REGULATORY LICENSES), Article C (NONREGULATORY LICENSES) and Article D (BUILDERS AND DEVELOPERS) of Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION), 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 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is amended by repealing Sections 9-1-17, 9-1-30, 9-1-35 and 9-1-41.

Section 2. That Article A of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended by amending Sections 9-1-2 through 9-1-15, Sections 9-1-18 through 9-1-25 and Sections 9-1-27, 9-1-28, 9-1-29, 9-1-31, 9-1-32, 9-1-34, 9-1-39, 9-1-40 and 9-1-42, and adding new Sections 9-1-6.1, 9-1-7, 9-1-9.1, 9-1-10.1, 9-1-43, 9-1-44 and 9-1-45, to read as follows:

Sec. 9-1-2 Definitions.

The following words and phrases, when used in this chapter, shall have the following assigned meanings:
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(1) Amusements. Any entertainment or amusement or the operation or use of property for the provision of entertainment or amusement for compensation, including, but not limited to, arcades or buildings devoted to general amusement or entertaining, auditoriums, ball-throwing establishments, billiard parlors or poolrooms, bowling alleys, coliseums, dance bands, exhibition or performance, furnishing music for dancers, gardens, golf driving ranges, miniature golf establishments, miniature railroads, movie theaters, museums, parks or athletic fields, performers, renting or furnishing of horses or ponies, skating rinks, swimming pools or swimming clubs, tennis courts, theaters and "slot machines," as that term is defined in this chapter.

(3) Builder or developer. Any person engaged in the improvement or development, for sale or rent, of any real property owned by, leased by or otherwise controlled by the person. The term "builder or developer" includes persons performing the tasks of a contractor, as that term is defined in this chapter, but doing so on their own account.

(4) Business. A course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. The term "business" implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. Whether a person is engaged in a business or simply is undertaking an irregular or isolated transaction is a factual determination to be made by the director. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business; or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a business. The term "business" includes, but is not limited to, trades, professions, occupations, callings, vocations and similar activities and commerce.

(5) Consultant. Any person accepting or offering to accept orders or contracts to provide professional services, financial services or repair, personal or business services. A consultant shall be taxed under this chapter in accordance with the licensable privilege in which he is engaged.

(6) Contractor. Any person accepting or offering to accept orders or contracts for (i) doing work on or in building or structure requiring the use of paint, stone, brick mortar, cement, wood, wallpaper, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead or other metal or other building materials, (ii) doing electrical work on or in a building or structure, (iii) doing any paving or curbing on sidewalks or streets, public or private property, requiring the use of asphalt, brick, stone, cement, wood or any composition, (iv) excavating earth, rock or material for foundations or any other purpose, (v) cutting, trimming or maintaining rights of way, (vi) constructing any sewer of stone, brick, concrete, terra cotta or other material, (vii) caring for plots in cemeteries, (viii) rebuilding, remodeling, repairing, wrecking, razing or demolishing, or moving a building or structure, (ix) drilling, boring or digging a well, (x) installing, maintaining or repairing neon signs or heating or air conditioning equipment, or (xi) engaging in the business of plumbing and steam fitting. The term "contractor" shall also include any person doing any work on the subjects set forth in the preceding sentence under an employment agreement or arrangement, but the term shall not include persons who are employed directly by a contractor duly licensed as such. The term "contractor" shall not include any person deemed by the director to be a "consultant."



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(7) Definite place of business. A location, including an office, at which occurs a regular and continuous course of dealing for thirty consecutive days or more. A definite place of business for a person engaged in the business of renting real property, for the purposes of section 9-1-88 of this code, shall include, but is not limited to, real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere, and the person is not licensable as a peddler or itinerant merchant.

(8) Direct seller. Any person who engages in the business of selling or soliciting the sale of consumer products primarily in private residences, who maintains no public location for the conduct of such business, who receives remuneration for such activities, with substantially all of such remuneration being directly related to sales or other sales-oriented services, rather than to the number of hours worked, and who performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes.

(9) Director. The director of the department of finance of the city and any duly authorized representative.

(10) Financial services. Any services for compensation by a credit agency, by an investment company, by a broker or dealer in securities and commodities, or by a security or commodity exchange, as those terms are defined in the Code of Virginia (1950) and the securities and exchange laws of the United States, unless such services are otherwise provided for in this chapter. The term "financial services" includes, but is not limited to, the buying of installment receivables, chattel mortgage financing, consumer financing, credit card services, credit unions, factoring, financing of accounts receivable, installment financing, inventory financing and working capital financing. Those engaged in the rendering of financial services include, without limitation, industrial loan companies, loan or mortgage brokers, loan or mortgage companies, safety deposit box companies and securities and commodities brokers or dealers.

(11) Gross receipts. The whole, entire, total receipts attributable to the licensed privilege, without deduction, except as may be limited by other provisions of this chapter or by provisions of the Code of Virginia (1950).

(12) License year. The calendar year for which a license is issued for the privilege of engaging in a business.

(13) Local resident. Any persons having a place of abode in the city, irrespective of the intention of the person to return to some other residence outside of the city at some future time.

(14) Operator. Any person selling, leasing, renting or otherwise furnishing or providing a coin-operated machine or device operated on the coin-in-the-slot principal; provided, that this term shall not include a person owning fewer than three coin-operated machines and operating such machines on property owned or leased by such person.

(15) Person. Any individual, firm, partnership, limited liability company, corporation, company, association or joint stock association. The term shall include any trustee, receiver, assignee or personal representative thereof carrying on or continuing a business, but shall not include a trustee, receiver or personal representative duly appointed by a court to liquidate assets for immediate distribution, or a sheriff or deputy sheriff, selling under authority of process or writ of a court or justice.

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(16) Professional services. Any service rendered by a person professing knowledge of some area or department of science or learning, gained by a prolonged course of specialized instruction and study. The term implies attainments in professional knowledge, as distinguished from a skill or a trade. Professional services include, but are not limited to, those services rendered by accountants, architects, dentists, engineers, land surveyors, lawyers, practitioners of any healing arts, surgeons and veterinarians.

(17) Purchases. All goods, wares and merchandise received for sale at a definite place of business during the calendar year preceding the license year for which a license is applied, and all goods, wares and merchandise manufactured by a wholesale merchant and sold or offered for sale in the state as merchandise; provided, that this term shall not apply to manufacturers taxed on capital by the Commonwealth of Virginia, who offer for sale at wholesale, at the place of manufacture, goods, wares and merchandise manufactured by them.

(18) Repair, personal and business services. Any service rendered for compensation not specifically classified as a financial, professional or real estate service pursuant to this chapter and not rendered in connection with any other business specifically classified pursuant to this chapter.

(19) Research and development. A two-stage procedure focusing on new products or processes or improvements to existing products or processes, and entailing (i) a systematic study or search directed toward new scientific knowledge or new understanding of a particular subject and (ii) the gradual transformation of the new knowledge or new understanding garnered from the research stage into a tangible product or process.

(20) Retail merchant. A person who sells goods, wares or merchandise to others at retail only, i.e., not for resale and not at wholesale to institutional, commercial, or industrial users.

The term "retail merchant" shall include, but is not limited to, filling stations, restaurants, operators of vending machines and persons engaged in the short-term rental business, as defined in section 58.1-3510 of the Code of Virginia (1950). The term shall also include direct sellers who sell goods, wares and merchandise at retail only and not for resale, and manufacturers, mills and processors selling at retail the goods manufactured or produced.

(21) Slot machine. A coin-operated amusement-type machine or device operated on the coin-in-the-slot principle, including musical machines and musical devices operated by the insertion of coins or tokens.

(22) Vending machine. A machine or device that sells goods, wares or merchandise or provides services and that is operated by the insertion of coins or tokens or is operated on the coin-in-the-slot principle. The term "vending machine," shall not include machines used solely for the purpose of selling individual sanitary drinking cups or sanitary drinking cups and natural water, or machines vending sanitary napkins, which machines shall not be subject to tax pursuant to this chapter.

(23) Wholesale merchant. A person who sells goods, wares or merchandise to others for resale only and every person who sells to institutional, commercial or industrial users. The term "wholesale merchant" shall include, but not be limited to, direct sellers who sell to others for resale.

Sec. 9-1-3 Director to administer and enforce chapter.

Unless otherwise provided in this chapter, the director shall administer and enforce the provisions of this chapter.
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Sec. 9-1-4 License year.

Except where otherwise herein specifically provided, the license year shall begin on January 1 in each year and shall end on December 31 of each year.

Sec. 9-1-5 License and tax required to engage in a business in the city; unlawful to engage in business without license.

Any person who engages in a business identified in article B of this chapter in the city shall, except as otherwise provided in this chapter, obtain a business license for the business and pay an annual license tax for the privilege of conducting the business in the city. Any person who engages in a business identified in article C of this chapter in the city and who, in connection with that business, maintains a definite place of business in the city shall, except as otherwise provided in this chapter, obtain a business license for the business and pay an annual license tax, based upon the gross receipts of the business, for the privilege of conducting the business in the city. It shall be unlawful for any person to engage in any business identified in article B or article C of this chapter in the city without holding a valid license if and when such a license is required by this chapter. A valid license is one that has been lawfully issued and remains unsuspended, unrevoked and not otherwise terminated or expired. It shall be unlawful for any person to engage in any business identified in article B or article C of this chapter in the city without paying the business license tax that is levied by this chapter.

Sec. 9-1-6 Levy.

(a) For the privilege of engaging in a business in the city, there are hereby levied upon, and there shall be assessed against and collected from, the person engaging in the business an annual license tax as set forth in this chapter, which license tax shall be for the support of the city government, the payment of the city debts and interest thereon, and for other municipal purposes.

(b) Except as provided in section 9-1-18 of this chapter, any license tax which is based in whole or in part on gross receipts shall be measured by the gross receipts with situs in the city, under section 9-1-7 for the license year next preceding the then current license year.

Sec. 9-1-6.1 Levy in the case of builder or developer in business solely to improve, develop or redevelop a single project for sale.

Any builder or developer who undertakes a project in the city consisting of the improvement, development or redevelopment of real property for sale, and who intends to undertake only that project during its lifetime, shall annually procure a license in the manner set forth in this chapter, but shall not be required to pay any license tax until the project is completed and gross receipts from the sale of the improved, developed or redeveloped property are received; provided, that the builder or developer (i) prior to commencing the project deposits with the director a bond in favor of the city as obligee which insures the proper filing of records and payment of taxes, in such form and amount and with such surety as shall be acceptable to the director, and (ii) at such times as directed by the director, provides the director with the necessary records to establish the gross receipts from the project.

Sec. 9-1-7 Situs of gross receipts.

(a) whenever the license tax imposed by this chapter is based upon gross receipts, it shall be measured solely by those gross receipts with situs in the city.
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(b) Gross receipts with situs in the city shall be gross receipts attributable to the exercise of a licensable privilege at or from a definite place of business within the city. In the case of activities conducted outside of a definite place of business that is located in the city, whether conducted within or beyond the city, such as during a visit to a customer location, the gross receipts arising from such activities shall be attributed to the definite place of business within the city if the activities are initiated, directed, controlled, supervised or otherwise managed from that place of business.

(c) If a licensable privilege is exercised at or from more than one definite place of business, at least one of which is located within the city and one or more of which are located beyond the city, and it is impractical or impossible to determine to which definite places of business the gross receipts arising from the exercise of the privilege should be attributed, such gross receipts shall be apportioned between or among the different places of business on the basis of the relative personnel payrolls of each definite place of business.

(d) Under no circumstances shall the gross receipts arising from the exercise of a licensable privilege be attributed or apportioned to a definite place of business within the city unless some activities associated with the exercise of the privilege occurred at, or were initiated, directed, controlled, supervised or otherwise managed from, such definite place of business. Gross receipts shall not be attributed or apportioned to a definite place of business within the city solely because a jurisdiction in which another definite place of business is located and to which the receipts are properly attributed or apportioned does not impose a tax on gross receipts.

Sec. 9-1-8 Procedure for obtaining licenses.

All persons subject to this chapter shall make application for licenses to the director at his office in the city hall. Persons applying for a license shall furnish the director in writing their name the trade name of their business, their correct residence, the nature of the business to be pursued, and the address of the location or the place in the city where the business is to be pursued.

Sec. 9-1-9 Separate license for each definite place of business; exception.

No license shall be issued under the provisions of this chapter to cover more than one definite place of business. A separate license shall be obtained for each definite place of business of a business for which a license is required under the provisions of this chapter. Nothing in this chapter shall prevent two or more businesses from being conducted by the same or separate persons at the same location.

Sec. 9-1-9.1 Stickers to evidence payment of tax by operators of slot machines and vending machines.

The director shall annually provide stickers of such colors and design as he may designate to operators of slot machines and vending machines upon payment by such operators of the required license tax. The director shall issue and deliver one sticker for each slot machine and vending machine for which the operator has paid the required license tax, which sticker shall be securely attached to each slot machine or vending machine on which the tax has been paid, so that the same may be easily seen throughout the license year.




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Sec. 9-1-10 When payable generally.

(a) All license taxes levied by this chapter, except as otherwise provided in this chapter, shall become due and payable on or before January 31 of each license year.

(b) Whenever a person shall enter into a business, after January 1 of the license year, any license tax levied upon the business shall become due and payable at the time when such person shall commence business.

Sec. 9-1-10.1 Quarterly payment when tax is based on gross receipts

(a) In all cases where a license tax is based in whole or in part upon gross receipts, and the tax on such gross receipts is equal to or exceeds the sum of $1,000, exclusive of any and all other types of tax, the tax may be paid in four equal installments during the license year, the first payment to be made on or before January 31, the second on or before May 1, the third on or before August 1 and the fourth on or before November 1, provided the taxpayer elects to do so by making his application for a license and paying the first installment and any tax unpaid and owing for any previous license year on or before January 31 of the license year for which the application is being made.

(b) Upon a default in the payment of any license tax installment when it becomes due, the amount of such installment and all remaining installments shall be delinquent and shall become due and payable immediately, in addition to the applicable late payment penalty and interest.

(c) There is hereby imposed on payments made on installment a charge which shall be calculated as follows:

(2) second installment: five percent of payment made;

(4) fourth and final installment: nine percent of payment made.

Sec. 9-1-11 Exemptions.

(a) Notwithstanding any provision of this chapter to the contrary, the license tax levied in accordance with this chapter shall not be imposed upon the following businesses:

(1) those exempt from the license tax under section 58.1-3703(B) of the Code of Virginia (1950), as amended;

(2) except as otherwise provided in subsection (c) of this section, those owned by charitable nonprofit organizations which, for the purposes of this subsection are organizations qualified by the Internal Revenue Service under Internal Revenue Code 501(c) and to which contributions are deductible by the contributor under Internal Revenue Code 170; provided, that among educational institutions, only schools, colleges and similar institutions of learning shall be considered to be charitable nonprofit organizations;

(4) those with gross receipts totaling less than $10,000 for the entire tax year.


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(b) Any bona fide religious, charitable, benevolent or civic organization, or any group of responsible citizens of the city, desiring to hold a dance where an admission fee is required or where a charge is made for dancing, to hold a breakfast, lunch, dinner or supper for which a charge is made or to hold a rummage sale or bake sale, may through a member representative apply to the director for exemption from taxes under this chapter. After such proof as may be necessary, and upon being satisfied as to the character and nature of the applicant and the event, the director shall exempt the applicant from the license requirement and license tax otherwise imposed, so long as all of the fees or proceeds from the event are devoted to and used for bona fide religious, charitable or benevolent purposes, or, in the case of a dance, breakfast, lunch, dinner or supper, no profit is expected.

(c) The exemption granted by subsection (a)(2) shall not apply to any business owned or operated by a charitable nonprofit organization, the conduct of which is not substantially related to the exercise or performance of the organization's charitable, educational, or other purpose or function constituting the basis for its exemption. The determination of whether a business is substantially related to the exempt purpose or function of a charitable nonprofit organization shall be based solely on the relationship of the business activities to the exempt purpose or function, and the fact that revenue derived from the business may be used for an exempt purpose shall not be considered.

(d) The director shall determine whether a business is exempt under the provisions of this section and whether any portion of the gross receipts of an otherwise exempt entity is not exempt under subsection (c).

(e) The provisions of this section shall not relieve any person of the duty to comply with section 9-1-5.

Sec. 9-1-12 Penalty for failure to pay when due.

(a) There shall be a penalty of 10 percent or $10, whichever is greater, added to all license taxes levied under the provisions of this chapter that are unpaid on the due dates thereof and are, therefore, delinquent.

(b) In addition thereto, interest at the rate of 10 percent per annum on the delinquent license taxes and the penalty shall commence on the first day following the day such taxes were due.

(c) The penalties and interest shall not be imposed, or if imposed shall be abated, by the director if the failure to pay license taxes when due was not the fault of the licensee. In order to demonstrate lack of fault, the licensee must show that he acted responsibly and that his failure to pay was due to events beyond his control. The term "acted responsibly" means that (i) the licensee exercised the same care that a reasonable and prudent person engaged in business would have exercised in determining the filing obligations for the business, and (ii) the licensee undertook significant steps to avoid or to mitigate his failure, such as promptly rectifying the failure once discovered.

Sec. 9-1-13 Penalty for continuing business, etc., without new license.

(a) If any person shall continue the business after the expiration of a license previously issued, without obtaining a new license, such person shall, if the failure to obtain a new license is continued for one month, be subject to a penalty, in addition to that imposed by section 9-1-12, of 10 percent of the amount of the license tax which was due and payable at the beginning of the month, but such penalty shall in no case be less than $10. The penalty shall be assessed and paid along with the license tax and shall become a part of the license tax. However, a penalty under
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this section shall not be imposed or if imposed, shall be abated by, the director if the failure to obtain a new license was not the fault of the licensee. In order to demonstrate lack of fault, the licensee must show that he acted responsibly and that his failure to obtain a new license was due to events beyond his control. The term "acted responsibly" means that (i) the licensee exercised the same care that a reasonable and prudent person engaged in business would have exercised in determining the filing obligations for the business, and (ii) the licensee undertook significant steps to avoid or to mitigate his failure, such as promptly rectifying the failure once discovered.

(b) If the failure to obtain a new license is continued for a longer period than one month, the person shall be guilty of a misdemeanor and, unless otherwise specifically provided by law, shall on conviction thereof be fined not less than $5 nor more than $500 for each separate offense committed after the expiration of the month. The taxes and the penalty provided for in this section shall also be assessed against such person and collection thereof enforced in the manner provided by law for the enforcement of the collection of other taxes.

(c) If the person who has failed to obtain a new business license shall, upon demand, fail or refuse to file with the director the information necessary to enable the director to assess a license tax according to the basis provided by law, the director shall assess such license tax upon the best information he can obtain, adding thereto the penalty prescribed by law.

Sec. 9-1-14 Penalty for beginning business, etc., without license.

( (a) If any person shall commence a business without a license required by this chapter, the person shall be guilty of a misdemeanor and unless otherwise specifically provided by law, shall on conviction thereof be fined not less than $5 nor more than $500 for each separate offense. Such conviction shall not relieve any such person from the payment of the license tax prescribed by law. If such violation of law is continued for one month, the person shall moreover be subject to a penalty, in addition to that imposed by section 9-1-12, of 10 percent of the amount of the license tax which was due and payable at the time the business was commenced, but such penalty shall in no case be less than $10. The penalty shall be assessed and paid along with the license tax and shall become a part of the license tax. The collection of such taxes and penalty shall be enforced in the manner provided by law for the enforcement of the collection of other taxes. In such case if the person shall, on demand, fail or refuse to file with the director the information necessary to enable him to assess a license tax according to the basis provided by law, the director shall assess the license tax upon the best information he can obtain, adding thereto the penalty prescribed by law.

(b) A penalty shall not be imposed under this section, or if imposed, shall be abated by, the director if the failure to obtain a license was not the fault of the person commencing the business. In order to demonstrate lack of fault, such person must show that he acted responsibly and that his failure to obtain a license was due to events beyond his control. The term "acted responsibly" means that (i) the person exercised the same care that a reasonable and prudent person engaged in business would have exercised in determining the filing obligations for the business, and (ii) the person undertook significant steps to avoid or to mitigate his failure, such as promptly rectifying the failure once discovered.






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Sec. 9-1-15 Each day's continuance in business without required license a separate offense.

Each day's continuance without a license in the exercise of any business for which a license is required shall constitute a separate violation of this chapter and a separate offense.

Sec. 9-1-18 Beginner's license when tax is based on gross receipts.

(a) Every person beginning a business which is subject to a license tax under the provisions of this chapter based in whole or in part on gross receipts shall estimate the amount of the gross receipts that he will receive between the date of beginning business and the end of the then current license year, and his license tax for the current year shall be computed upon that estimate.

(b) Every person conducting a business which is subject to a license tax under the provisions of this chapter based in whole or in part on gross receipts who began the business during the license year next preceding the then current license year shall estimate the amount of the gross receipts the business will receive during the current license year, and his license year shall be computed upon that estimate.

(c) Whenever a license tax is so computed upon estimated gross receipts, any erroneous estimate shall be subject to correction. In the case of an underestimate, the director shall assess the person with any additional license tax found to be due after the close of the current license year, and, in case of an overestimate, the licensee shall be entitled to a credit upon his license taxes payable the following year.

Sec. 9-1-19 Partnerships when tax is based on gross receipts.

Whenever a business for which a license tax is required under the provisions of this chapter is conducted by a partnership, and the license tax is measured by the gross receipts, the license may be issued to the partnership and the tax may be paid by it and when so paid, it shall be deemed to discharge the license tax liability of the members of such partnership insofar as it relates to partnership business.

Sec. 9-1-20 Proration.

(a) Except as otherwise specifically provided, all license taxes imposed under the provisions of this chapter which are not based on gross receipts shall be prorated as follows: on licenses issued between April 1 and June 30 of a year, the amount of tax shall be three-fourths of the annual tax on the licensee; on licenses issued between July 1 and September 30, the amount of tax shall be one-half of the annual tax on the licensee; and on licenses issued on and after October 1, the license tax shall be one-fourth of the annual tax.

(b) There shall be no prorating of any license tax of $5.00 or less.

Sec. 9-1-21 Refunds.

(a) Any person who has permanently ceased to conduct a business within the city may apply to the director for a refund of a portion of the license tax already paid, prorated on a monthly basis; except that a refund to a person who has permanently ceased to conduct a business in the city during a license year for which the license tax was paid based upon an estimate of gross receipts shall be equal to the difference between the license tax on the estimated gross receipts for the current license year and the license tax on
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the actual gross receipts for the period of time the business was conducted during that license year, unless the license tax on the actual gross receipts is greater than the license tax on the estimated gross receipts in which case the director shall assess the licensee in accordance with section 9-1-18. Such proration will be done only for taxes based on gross receipts.

(b) The amount of license tax paid shall not be less than the minimum tax of $30 prescribed by section 9-1-24.

(c) Application for a refund must be made within three years from the last day of the license year in which the licensee permanently ceased to conduct a business in the city.

(d) Following receipt of an application for a refund, the director shall remit to the licensee any refund which is due, less any other taxes then due and owing to the city by the licensee.

Sec. 9-1-22 Transfer.

(a) Licenses issued to businesses identified in article C of this chapter may be transferred, except as otherwise provided, from one person to another or from one location to another; provided, that no such transfer shall be valid unless and until notice in writing is given to the director of the proposed transfer, which notice shall contain the name and address of the proposed transferee, the trade name of the business, the proposed new location, if any, and the effective date of the proposed transfer. The director shall approve such transfer upon being satisfied of the good faith thereof.

(b) No license issued for a business that sells alcoholic beverages, regardless of amount of alcohol content, shall be transferable.

Sec. 9-1-23 Regulatory compliance.

The director shall not issue a license for any business until necessary certifications from relevant city regulatory authorities are received, including, but not limited to, a certification from the fire chief that the building in which the business is to locate is in compliance with all applicable building code regulations, and from the director of planning and zoning that the activity to be licensed is permitted by the City of Alexandria Zoning Ordinance to occur at the place where the business is to locate.

Sec. 9-1-24 Flat tax of $30 on businesses with gross receipts of less than $50,000.

A license tax of $30 shall be levied on any business identified in article C of this chapter whose annual gross receipts with situs in the city, under section 9-1-7, are less than $50,000, unless the business is exempt from any license tax pursuant to this chapter. The $30 tax shall be levied without regard to the license tax as measured by the licensee's gross receipts.

Sec. 9-1-25 Payment of delinquent taxes as prerequisite to issuance of license.

The director shall not grant a license under this chapter to any person until the person has paid and, when required by the director, has produced satisfactory evidence of payment of all delinquent business license, business personal property, meals, transient occupancy and other taxes which the person owes the city.

Sec. 9-1-27 Additional taxes.

If the director ascertains that any person who has been assessed with a license tax under the provisions of this chapter for any license year of the three license years last past, or for the then current license year, but that upon a correct audit and computation of
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the license tax, the assessment thereof should be in an increased amount, and the assessment of the license tax in the lesser amount was not due to fraudulent intent or to evade taxes, then the director shall assess the licensee with the additional license tax found to be due, without penalty. If the assessment of the additional tax is not paid to the director within 15 days after written notice to the licensee, a penalty of 10 percent of the additional tax or $10, whichever is greater, plus interest at 10 percent per annum shall accrue from the date of the notice until payment, and the director shall collect the penalty and interest along with the tax and in the same manner as the tax may be collected. Any overpayment ascertained shall be credited to the amount due the following year or shall be refunded in case the license does not engage in business the year following.

Sec. 9-1-28 Omitted taxes.

(a) If the director ascertains that a person has not been assessed with a license tax levied under the provisions of this chapter for any license year of the three license years last past, or for the then current license year, and the absence of such assessment was not due to the fraudulent intent to evade taxes on the part of such person, it shall be the duty of the director to assess the person with the proper license tax for the year or years omitted, adding thereto the penalty and interest set out in section 9-1-12 of this code.

(b) The penalties and interest set forth in subsection (a) shall not be imposed, or if imposed, shall be abated by, the director if the failure to pay license taxes when due was not the fault of the licensee. In order to demonstrate lack of fault, the licensee must show that he acted responsibly and that his failure to pay was due to events beyond his control. The term "acted responsibly" means that (i) the licensee exercised the same care that a reasonable and prudent person engaged in business would have exercised in determining the filing obligations for the business, and (ii) the licensee undertook significant steps to avoid or to mitigate his failure, such as promptly rectifying the failure once discovered.

(c) If the assessment of the omitted tax is not paid to the director within 15 days after written notice to the licensee, a penalty of 10 percent of the additional tax or $10, whichever is greater, plus interest at 10 percent per annum, shall accrue from the date of the notice until payment, and the director shall collect the penalty and interest along with the tax and in the same manner as the tax may be collected.

Sec. 9-1-29 Assessment in cases of fraudulent intent to evade license taxes.

If the director ascertains that a person has fraudulently, or with intent to evade the payment of proper license taxes, failed or refused to obtain a proper license as required by the provisions of this chapter, for any one or more of the three license years last past, or for the then current license year, and the liability therefor is ascertained, the omitted or additional license tax or taxes and the normal penalty prescribed shall be assessed for each and every year of the three license years last past and for the current license year, for which that person was assessable, together with an additional penalty thereon of 50 percent of the unpaid tax or taxes. Failure to obtain the license as is required by the provisions of this chapter shall be taken as prima facie evidence of an intent to so evade the taxes.





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Sec. 9-1-31 License as personal privilege.

Every license under the provisions of this chapter shall be held to confer a personal privilege to transact, carry on or conduct the business which is the subject of the license, and shall not be exercised except by the person licensed.

Sec. 9-1-32 Suspension of licenses.

(a) The city manager is hereby authorized and empowered to suspend any license issued under the provisions of this chapter for cause. The suspension shall continue until the cause is removed or corrected. No suspension shall become effective until the manager has notified the licensee, or any person that is in charge of any definite place of business maintained by the licensee in the city, in writing of the grounds for the suspension of the license and has provided the licensee an opportunity to address those grounds.

(b) The suspension, once effective, shall place the licensee in such position as if he had never obtained a license.

Sec. 9-1-34 Powers and authority of director generally.

In the enforcement of this chapter the director, in addition to the powers herein specifically granted, shall have all and the same enforcement authority with respect to city licenses that state law gives to commissioners of revenue or directors of finance generally with respect to state licenses. As one of the means of ascertaining the amount of any license tax under the provisions of this chapter or of ascertaining any other pertinent information to the license, the director may propound such interrogatories and requests for production of documents as may be relevant to that purpose to any applicant or licensee. Such interrogatories and requests for production of documents shall be answered under oath, and the failure or refusal of any applicant for a city license or any licensee to answer any interrogatories or respond to requests for production of documents shall be grounds for denial or revocation of the license.

Sec. 9-1-39 Procedure as to persons without license.

(a) The director shall, after reviewing the record of all persons licensed, ascertain the name of each person conducting without a license in the city any business for which a license is required, and the name of each person possessing or operating any coin-operated machine without a license in the city for which a license is required. Any such person in a proper case may be prosecuted before any court having jurisdiction of the offense.

(b) A written report on each person investigated and so ascertained to have no city license, which report shall give complete information, including action taken if any, shall be prepared and submitted to the director monthly.

Sec. 9-1-40 Same--prosecutions.

The director may initiate prosecutions for violations of any provisions of this chapter.

Sec. 9-1-42 Investigations generally; audit authority.

(a) The director may make investigations of the things and matters in this chapter laid to his charge, and shall have power to summon before him any person whom he believes may have knowledge or evidence touching upon the conduct of any business in the city or touching upon the possession or operation of any coin-operated machine in the city, and to require such person to answer under oath any question relating to the matters under investigation.

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(b) Every person who is assessable with a license tax shall keep accurate and correct records and books of accounts which reflect true tax liability for the current license year and the three previous license years. These records and books of accounts may be kept on either a cash or an accrual basis but the system of accounts shall be the same as that used for federal income taxes. These records and books of accounts shall be kept in such a manner so as to enable the director to verify the correctness of the tax paid for the current license year and the three previous license years and to ascertain the correct amount of tax that was assessable for those years. All such records, books of accounts and other information shall be open to inspection and examination by the director in order to allow the director to establish whether a particular receipt is directly attributable to the taxable privilege exercised within the city. In the event that the director conducts an audit pursuant to his authority in section 58.1-3109 of the Code of Virginia (1950), the director shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books and records shall be sent to the director's office upon demand.

Sec. 9-1-43 Appeals.

(a) Any person assessed with a license tax may, within 90 days from the date of such assessment, apply to the director for a correction of the assessment. The application shall be filed in good faith and shall identify the licensee, the remedy sought, each alleged error in the assessment, the grounds upon which the licensee relies, and any other facts relevant to the licensee's contention. The director may require submission of additional information and documents or other evidence deemed necessary for a proper and equitable determination of the appeal and may conduct an audit. The director shall undertake a full review of the licensee's claims and, upon the conclusion of such review, issue a determination on the appeal setting forth the director's position.

(b) Any licensee aggrieved by an audit conducted by the director may appeal the audit findings in the manner set forth in subsection (a). Any new or revised assessment resulting from an audit shall be accompanied by a written explanation of the licensee's right to apply for a correction of the assessment and of the specific procedure to be followed.

Sec. 9-1-44 Administrative rulings.

Any licensee may request a written ruling from the director regarding the application of the tax levied by this chapter to a specific situation. A licensee requesting such a ruling shall provide all the relevant facts for the situation and may present a rationale for an interpretation of the law most favorable to the licensee. Any misrepresentation by the licensee and any change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be prospectively revoked or prospectively amended if (i) there is a court decision or a change in the law or regulation upon which the ruling was based, or (ii) the director notifies the licensee of a change in the policy or interpretation upon which the ruling was based. A person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which the ruling was in effect.

Sec. 9-1-45 Inter-jurisdictional agreements.

The director may enter into agreements with any other political subdivision of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by an agreement shall not exceed the total gross receipts attributable to all of the definite

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places of business subject to the agreement. Upon being notified by a licensee that the director's method of attributing gross receipts is inconsistent with the method of one or more political subdivisions in which the licensee is licensed to engage in business and that the inconsistency has, or is likely to, result in taxes on more than 100 percent of the licensee's gross receipts from all locations in the affected jurisdictions, the director shall make a good faith effort to reach an apportionment agreement with the other political subdivisions involved.

Section 3. That Article B of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended by repealing Sections 9-1-55 and 9-1-57.

Section 4. That Article B of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended by amending the title of the article and Section 9-1-56, to read as follows:
Article B
License Taxes Not Based on Gross Receipts
Sec. 9-1-56 Slot machine operators.
Every slot machine operator, as defined in this chapter, shall pay for the privilege of doing business in the city an annual license tax of $20 for each slot machine for the operation of fewer than 10 slot machines and $200 for the operation of 10 or more slot machines. The number of machines shall be calculated as the number located in the city on January 1 of the license year, or in the case of a beginner, an estimate of the number of such machines to be brought into the city. The license tax imposed by this section is not in lieu of, but is in addition to, the other license taxes imposed by section 9-1-82 of this code; provided, that the slot machine operator's license imposed by this section shall not apply to operators of weighing machines, automatic baggage or parcel-checking machines or receptacles, or to vending machines so constructed as to do nothing but vend goods, wares and merchandise or postage stamps or to machines which provide service only or to operators of viewing machines or photomat machines or to devices or machines affording rides to children.

Section 5. That Article C of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended by repealing Sections 9-1-73, 9-1-74, 9-1-76, 9-1-81, 9-1-85 and 9-1-86.

Section 6. That Article C of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended by amending the title of the article and Sections 9-1-71, 9-1-72, 9-1-75, 9-1-77, 9-1-78, 9-1-79, 9-1-82, 9-1-87 and 9-1-88, and by adding a new Section 9-1-72 License Taxes Based on Gross Receipts.

Sec. 9-1-71 Professional services.

Every person who conducts or operates a business that provides professional services in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $30 or, if the business' annual gross receipts with situs in the city equal or exceed $50,000, $0.58 per $100 of all the business' gross receipts with such situs.







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Sec. 9-1-71.1 Financial services.

Every person conducting or operating a business that provides financial services in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $30 or, if the business' annual gross receipts with situs in the city equal or exceed $50,000, $0.35 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-72 Repair, personal and business services.

(a) Every person who conducts or operates a business that provides repair, personal and business services in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $30 or, if the business, annual gross receipts with situs in the city equal or exceed $50,000, $0.35 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-75 Retail merchants.

(a) Every person who engages in or conducts the business of a retail merchant in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $30 or, if the business' annual gross receipts with situs in the city equal or exceed $50,000, $.20 per $100 of all the business, gross receipts with such situs.

(b) The license tax provided for in this section shall be in addition to the alcoholic beverage license tax required under any other sections of this chapter.

(c) Any person or organization who sponsors a show or sale of goods, wares and merchandise at retail and not for resale shall obtain a license under this section for such show or sale, and shall pay for the privilege of conducting the show or sale a license tax of $30 and, upon the termination of the show or sale, $0.20 per $100 of the gross receipts of the show or sale in excess of $15,000; provided that no license shall be issued for a period longer than one year.

Sec. 9-1-78 Wholesale merchants.

Every person who engages in or conducts the business of a wholesale merchant in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $30 or, if the business' annual gross receipts with situs in the city equal or exceed $50,000, $0.05 for each $100 of all the business' gross receipts with such situs, whichever amount is greater.

Sec. 9-1-79 Contractors and contracting.

(a) Every person who maintains a definite place of business in the city and engages in the business of a contractor shall pay for the privilege of doing so an annual license tax of $30 or, if the business' annual gross receipts with situs in the city equal or exceed $50,000, $0.16 for each $100 of all the business' gross receipts with such situs.

(b) Notwithstanding any contrary provision of this chapter, (i) every person who engages in the business of a contractor in the city, who maintains a definite place of business in the state, but not in the city, shall not be liable for any license tax under this section, unless the gross receipts received in any year by such person from the business conducted in the city exceed $25,000, in which event the person shall pay the city a license tax of $0.16 for each $100 of such gross receipts; and (ii) every person who engages in the business of a contractor in the city, and who does not maintain a definite
24


place of business in the state, shall pay for the privilege of conducting such business or occupation in the city an annual license tax of $30 or $0.16 for each $100 of gross receipts from business conducted in the city, whichever amount is greater.

(c) Orders and contracts covering more than one calendar year may be prorated to allow the gross amount or any portion thereof of any such order or contract to be used only once as a basis for determining the amount of the annual license tax to be paid pursuant to this section.

(d) The provisions of this section shall not relieve a person who engages in the business of a contractor in the city of any duty to register as a contractor with the city or the state before engaging in such business in the city, as may be required by other law.

Sec. 9-1-82 Amusements.

Every person who conducts or operates a business that provides amusements in, and who maintains a definite place of business in, the city shall pay for the privilege of doing so an annual license tax of $30 or, if the business' annual gross receipts with situs in the city equal or exceed $50,000, $0.36 per $100 of all the business' gross receipts with such situs.

Sec. 9-1-87 Soliciting agents for sale of goods, etc.

(a) Every person who engages in or conducts business in the city as a soliciting agent or solicits orders in the city for goods, wares and merchandise, services, business services, repair services and the like, and who is not otherwise in this chapter taxed, shall pay for the privilege of doing so an annual license tax of $30 or, if the annual gross receipts derived from such activities equal or exceed $50,000, $0.20 per $100 of all the gross receipts from such activities.

(b) Any person engaged solely in the manufacture and sale of his own manufactured goods, wares and merchandise, and who maintains no place of business in the city other than for the solicitation of orders for his manufactured products, and who sells only to licensed jobbers and not to retailers or consumers, and who makes delivery to jobbers from his manufactured goods, wares and merchandise that are regularly stored in the city, shall be licensed and pay a tax under the provisions of this section.

Sec. 9-1-88 Renting by owners of dwelling units or commercial establishments.

(a) Except as provided in subsection (b), every person who, as principal, engages in or conducts the business of renting one or more dwelling units, including houses and apartments, located within the city shall pay for the privilege of doing so an annual license tax of $30 or, if the annual gross receipts derived from such activities equal or exceed $50,000, $0.50 of each $100 of all the gross receipts from such activities.

(b) Persons engaged in the business of renting dwelling units shall not come within the provisions of this section and the tax levied, unless they are engaged in the business of renting more than four separate dwelling units.

(c) The term "business of renting houses and apartments," as used in this section, means the rental of dwelling units, whether located in a single-family, two family, multifamily, condominium or other residential building , but shall not include the rental of living units in hotels, motels, tourist homes or boarding and rooming houses.

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(d) The term "dwelling unit." for the purpose of this section, means one or more rooms designed for or intended for the occupancy of one family for living purposes and having cooking facilities.

(e) Every person who, as principal, engages in or conducts the business of renting commercial property located within the city shall pay for the privilege of doing so an annual license tax of $30 or, if the annual gross receipts derived from such activities equal or exceed $50,000, $0.35 for each $100 of all the gross receipts from such activities.

Section 7. That Article D of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended by repealing Sections 9-1-101 and 9-1-103.

Section 8. That Article A, Article B, Article C and Article D of Chapter 1, Title 9 of The Code of the City of Alexandria, Virginia, 1981, as amended by Sections 1 through 7 of this ordinance, shall be, and the same hereby are, reordained as part of The Code of the City of Alexandria, Virginia, 1981.

Section 9. That this ordinance shall become effective on January 1, 1996.

Introduction: 11/14/95
First Reading: 11/14/95
Publication: 11/15/95; 11/16/95
Public Hearing: 11/18/95
Second Reading: 11/18/95
Final Passage: 11/18/95




20. Public Hearing and Consideration of the Draft Citizen Participation Plan for Housing and Community Development Activities.

(A copy of the City Manager's memorandum dated November 10, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/18/95, 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 Councilman Cleveland and carried unanimously by all those present, City Council (1) conducted the public hearing on the Draft Citizen Participation Plan for Housing and Community Development Activities; and (2) the Citizen Participation Plan for Housing and Community Development Activities will be docketed for final consideration at the November 28, 1995 Regular Meeting. The voting was as follows:

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







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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Traffic and Parking Board
21. Public Hearing on and Consideration of an Appeal from a Decision of the Traffic and Parking Board, on July 17, 1995, Denying a Request for Reinstallation of a Handicap Parking Space Located at 26 West Glendale Avenue, by Mary L. Pugh.

(A copy of the City Manager's memorandum dated November 15, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/18/95, and is incorporated herewith as part of this record by reference.)

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council upheld the July 17, 1995 Traffic and Parking Board decision to remove the handicap parking space at 26 West Glendale Avenue. The voting was as follows:

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

Planning Commission (continued)

22. SUP #95-0129 -- 301 LAVERNE AVENUE -- Public Hearing and Consideration of a request for a special use permit to construct a residence on a substandard lot, for a modification of the front setback requirement and for an off-street parking reduction; zoned R-2-5/Residential. Applicant: Philip F. Herrick, Jr.
COMMISSION ACTION: Recommend Denial 5-2

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/18/95, 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 Councilwoman Pepper and carried unanimously by all those present, City Council reversed the Planning Commission recommendation and approved the special use permit for the construction of a single-family dwelling on this substandard lot, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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



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23. SUP #95-0119 -- POTOMAC YARD RETAIL CENTER -- 3601 JEFFERSON DAVIS HIGHWAY -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) for a retail center located on the east side of Jefferson Davis Highway, between East Glebe Road and Four Mile Run; zoned CDD#10/Coordinated Development District (Potomac Yard/Potomac Greens). Applicant: RF&P Corporation, by Al Neely, Smith Realty Companies.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, together with 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. 23; 11/18/95, 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. 23; 11/18/95, 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 unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the inclusion of a requirement for the installation of bike racks. The voting was as follows:

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

24. SUP #95-0139 -- 700 MOUNT VERNON AVENUE -- MVA TOWNHOUSES -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a townhouse cluster development. The applicant is also requesting a special use permit to allow compact parking spaces for required parking and to allow a temporary sales trailer. A modification of the parking lot setback requirement along Mt. Vernon Avenue is requested; zoned CL/Commercial Low. Applicant: MVA Properties, Inc., by R.C. Fields, Jr. & Associates, engineers.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 11/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Donley, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and with the deletion of Condition #28. The voting was as follows:

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

Thereupon, at 12:50 p.m., City Council reconvened the meeting and the following transpired:







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26. SUP #95-0131 -- 725-727 KING STREET -- BERTUCCI'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for a full-service restaurant with carry-out and delivery service; zoned CD/Commercial Downtown. Applicant: Bertucci's Restaurant Corporation, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Denial 4-3

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 11/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Euille, seconded by Councilman Cleveland and carried on a vote of 5-to-1, City Council reversed the Planning Commission recommendation, and approved the request, subject to compliance with all applicable codes, ordinances, and staff recommendations, as amended, as suggested by Mr. Hart as follows: Condition #16 to read as follows: "16. The applicant shall require and assist any employees who drive to use off-street parking."; Strike Condition #17; Condition #18 to read as follows: "18. The applicant shall (a) provide subsidized parking for all patrons under the Park Alexandria program during evenings and weekends in a public parking garage; (b) advertise such parking by posting notice at its restaurant and including such notice in any advertising; and (c) urge patrons who drive to use the space."; and Condition #19 to read as follows: "19. The applicant shall post signs directing patrons to the availability of parking at the Church Square garage located at 100 block of North Alfred Street and under the present fee schedule, subsidized parking there to a $1 level with authorization from City Council for an agreement with the Garage." The voting was as follows:

Euille "aye" Donley "aye"
Cleveland "aye" Pepper "no"
Ticer "aye" Rich absent
Walker "aye"
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27. SUP #95-0140 -- 3518-3520 DUKE STREET -- SUNRISE ELDERLY HOUSING Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a home for the elderly. The applicant is also requesting a special use permit for an increase in building height, a reduction of required parking, and to allow a temporary marketing trailer. Modification of yard and highway setback requirements are requested; zoned CRMU-H/Commercial Residential Mixed Use, with proffers. Applicant: Sunrise Development, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated November 9, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 11/18/95, and is incorporated herewith as part of this record by reference.

A copy of a substitute Condition #31 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 11/18/95, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended Condition #18 to read: "18. Provide a ten-foot easement extending across the entire frontage of the property for the potential future widening of Duke Street, which would be planted with flowers, bushes and landscaping and which could include a possible sign."; and amended Condition #31 to read: "31. The applicant shall provide throughout the life of this project the Sunrise Subsidy Program to fifteen percent (15%) of the residents, and five percent (5%) of the fifteen percent, but no fewer than one person, shall be new, incoming Auxiliary Grant recipients referred by the City of Alexandria Department of Human Services only. (Department of Human Services and Office of Housing) The voting was as follows:

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

28. SUP #95-0080 -- 255-257 SOUTH VAN DORN STREET -- SPA LADY HEALTH CLUB -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing health club facility; zoned CG/Commercial General. Applicant: Kasmas Management of Landmark, Inc., by John Masters. (#9 10/14/95; #20 9/26/95; #8 9/16/95)

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 5, 1995, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 11/18/95, and is incorporated herewith as part of this record by reference.)




31


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

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

ORDINANCES AND RESOLUTIONS (continued)

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way for brick planters at 601 Queen Street. (#14 11/14/95) [ROLL-CALL VOTE]

(A copy of the 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. 30; 11/18/95, 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. 30; 11/18/95, 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 a ROLL-CALL vote of 6-to-0, 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 absent
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3835

AN ORDINANCE authorizing the owner of 601 Queen Street, and the owner's successors in title, to establish and maintain three encroachments into the public rights-of-way of Queen and North Saint Asaph Streets, in the City of Alexandria, Virginia.

WHEREAS, Linda M. Fuselier is the owner of the property located at 601 Queen Street in the City of Alexandria, Virginia; and







32


WHEREAS, Linda M. Fuselier desires to establish and maintain three brick planter boxes, the first four feet by six feet five inches, which will encroach four and one-half feet into the public right-of-way at 601 Queen Street, a second 15 feet nine inches in length by three feet five inches wide, and the third, 19 feet five inches in length by three feet five inches wide, both of which will project approximately 41 inches into the right-of-way of North Saint Asaph Street; and

WHEREAS, the public rights-of-way at those points on North Saint Asaph and Queen Streets will not be significantly impaired by these encroachments; and

WHEREAS, these encroachments have been reviewed by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and

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

Section 1. That Linda M. Fuselier and her successors in title (hereinafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain two encroachments into the public right-of-way of the 300 block of North Saint Asaph Street and a third into the public right-of-way of 601 Queen Street, all encroachments consisting of brick planter boxes, one 15 feet nine inches in length and projecting 41 inches into the public right-of-way of the 300 block of North Saint Asaph Street, a second 19 feet five inches in length and also projecting 41 inches into the public right-of-way of the 300 block of North Saint Asaph Street, and the third projecting four and one-half feet into the public right-of-way of 601 Queen Street, until said encroachments are removed or destroyed or the authorization to maintain them is terminated by the city; provided, that this authorization to establish and maintain the encroachments shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachments and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachments 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:

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 encroachments. 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 encroachments shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon



33


notice from the city, remove the encroachments from the public rights-of-way, or the city, at its option, may remove the encroachments 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 encroachments and by so establishing and/or maintaining the encroachments, 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 encroachments.

Section 4. That the authorization herein granted to establish and maintain the encroachments shall be subject to owner's maintaining the area of the encroachments 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 the authorization herein granted to establish and maintain the encroachments shall be terminated whenever the City of Alexandria desires to use the affected public rights-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachments. 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 encroachments within the time specified, the city shall have the right to remove the encroachments, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachments caused by the removal.

Section 9. That this ordinance shall be effective upon the date and at the time of its final passage.

Introduction: 11/14/95
First Reading: 11/14/95
Publication: 11/15/95; 11/16/95
Public Hearing: 11/18/95
Second Reading: 11/18/95
Final Passage: 11/18/95



31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to (1) amend the Potomac Yard/Potomac Greens Small Area Plan section of the 1992 Master Plan to change the use permitted on a portion of property in the Potomac Yard without a Coordinated Development District Special Use Permit, from I to UT, to accommodate the relocation of the mainline rail tracks, and (2) to amend the Potomac Yard/Potomac Greens Small Area Plan section of the 1992 Master Plan to change the development permitted on the Piggyback Yard portion of Potomac Yard at Slater's Lane without a Coordinated Development District Special Use Permit, from RB/Townhouse to CRMU-L/Commercial Residential Mixed Use, Low, with limitations. (#16 11/14/95) (ROLL-CALL VOTE]






34


(A copy of the substitute 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. 31; 11/18/95, 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. 31; 11/18/95, 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 Councilman Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the substitute ordinance upon its Second Reading. The voting was as follows:

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

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3836
AN ORDINANCE to amend and reordain the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such Small Area Plan Chapter as Master Plan Amendments Nos. 95-004 and 95-005, and no other amendments, and to repeal all provisions of the said Small Area Plan Chapter as may be inconsistent with such amendments.

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

1. In Master Plan Amendment No. 95-004, an application has been made to amend the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan to change the land use designation, without a Coordinated Development District Special Use Permit, on the Piggyback Yard and Slaters Lane portion of Potomac Yard, from RB/Townhouse to CRMU-L/Commercial Residential Mixed Use-Low.

2. In Master Plan Amendment No. 95-005, an application has been made to amend the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan to change the land use designation, without a Coordinated Development District Special Use Permit, of that portion of the Potomac Yard approximately 120 feet wide and located just west of the Metrorail right-of-way, from I/Industrial to UT/Utility and Transportation.

3. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

4. 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 the Chapter entitled "Development Without A CDD Special Use Permit," of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby is, amended to read as follows:

DEVELOPMENT WITHOUT A CDD SPECIAL USE PERMIT

Within the CDD zone the uses permitted without a CDD special use permit shall be as follows: the area south of the Monroe Street Bridge and east of the Metro tracks shall be RB (Townhouse); the first 250 feet east of Route 1 shall be CSL; the remainder of the site shall be I (Industrial); except that the U/T regulations shall apply to an area approximately 120 feet wide located just west of the Metrorail right-of-way for the purpose of accommodating the relocated rail mainline on the yard; and except also that the area known as the "Piggyback Yard" and Slaters Lane portion of Potomac Yard may be developed pursuant to the CRMU-L zone provided that the Piggyback Yard:

(b) shall contain no more than 60,000 square feet of commercial space, of which no more than 30,000 may be office;

(c) shall be planned and developed pursuant to a special use permit;

Section 2. That the director of planning and community development be, and he hereby is, directed to record the foregoing Master Plan Amendment as part of the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the Potomac Yard/Potomac Greens Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.

Introduction: 11/14/95
First Reading: 11/14/95
Publication: 11/15/95; 11/16/95
Public Hearing: 11/18/95
Second Reading: 11/18/95
Final Passage: 11/18/95







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32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to (1) rezone the property within the Potomac Yard over which the relocated mainline rail tracks will run by changing the underlying CDD zoning of the property from I to UT, and (2) to rezone the property in the Piggyback Yard portion of the Potomac Yard at Slater's Lane by changing its underlying CDD zoning from RB to CRMU-L, with restrictions. (#17 11/14/95) [ROLL-CALL VOTE]

(A copy of the substitute 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. 32; 11/18/95, 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. 32; 11/18/95, and is incorporated herewith as part of this record by reference.)

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

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

The substitute ordinance finally passed reads as follows:
ORDINANCE NO. 3837
AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICT) of Article V (MIXED USE ZONES), (TA Nos. 95-012 and 95-013, and RZ Nos. 95-004 and 95-005), all of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph (10) of Section 5-602 (A) (Table 1) (Coordinated Development Districts) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:







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CDD
No.
CDD Name

Without a CDD Special Use Permit
With a CDD Special Use Permit*
___________________________

Maximum F.A.R. and/or
development levels
Maximum HeightUses
10POTOMAC
YARD/GREENS
The RB zone regulations shall apply to the area south of the Monroe Avenue Bridge and east of the Metro Tracks, the CSL zone regulations shall apply on the first 250 feet east of Rte 1. and the I zone regulations shall apply on the remainder of the site; except that the U/T regulations shall apply to an area approximately 120 feet wide located just west of the Metrorail right-of-way (area shown on the plat for Case REZ #95-0005) for the purpose of accommodating the relocated rail mainline on the yard, and except also that the area known as the "Piggyback Yard" and Slaters Lane portion of Potomac Yard (as shown on the plat for Case REZ #95-0004) may be developed pursuant to the CRMU-L zone provided that the Piggyback Yard:
- shall contain no more than 275 dwelling units;
- shall contain no more than 60,000 square feet of commercial space, of which no more than 30,000 square feet shall be office;
- shall be planned and developed pursuant to a special use permit;
- shall have a maximum height of 50 feet; and
- shall generally be consistent with the goals and the guidelines of the small area plan
Up to 3,750,000 square feet of office space
Up to 625 hotel rooms
Up to 425,000 square feet of retail space
Up to 4,500 residential units
Along Route 1 - up to 50 feet except for 1-2 buildings at Four Mile Run may rise to 77 feet

In the Commercial core around the Metro Station - up to 110 feet for 3 to 4 buildings, with the rest of the buildings showing a substantial variation in height below 110 feet
In the interior of the site designated for Residential - 77 feet provided that a predominant number of the buildings rise no higher than 50 feet
South of the Monroe Street Bridge - predominantly 45 feet, with a few buildings allowed up to 77 feet
East of the Metro tracks - up to 45 feet within 500 feet of the GWMP, up to 77 feet outside of the 500 foot line and within 1500 feet of the Metro station, 50 feet elsewhere
Predominately residential with a mix of land uses to include office, retail and service, hotel, parks and open spaces, and community facilities
*Subject to Section 3 of Ordinance No. 3604; December 12, 1992.


Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, in conformity with the sketch plans entitled "REZ #95-0004, and REZ #95-OOO5, dated October 5, 1995, and attached hereto and incorporated herein by reference.

Section 3. That Section 5-602, and the "Official Zoning Map, Alexandria, Virginia," as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date and at the time of its final passage, and should 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 for 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 to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.
PATRICIA S. TICER Attachment: Rezoning sketch plans

Introduction: 11/14/95
First Reading: 11/14/95
Publication: 11/15/95; 11/16/95
Public Hearing: 11/18/95
Second Reading:11/18/95
Final Passage: 11/18/95





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39
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

33. 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.

34. 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.

35. 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.

36. 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.

37. 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.

38. SUP #95-0158 -- 4440 VENABLE AVENUE --- Public Hearing and Consideration of a request for a special use permit for a housekeeping unit of more than four unrelated persons; zoned R-2-5/Residential. Applicant: Rev. Percy W. Jones, Jr.

39. SUP #95-0159 -- 2312 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to add a canopy and snack area to an automobile service station; zoned CL/Commercial Low. Applicant: Hamad Ghafoor.

40. 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.


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41. SUP #95-0151 -- 642 SOUTH PICKETT STREET NICK'S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add an amusement enterprise (pool tables) to a restaurant; zoned I/Industrial. Applicant: NMC Limited, dba Nick's.

42. MASTER PLAN AMENDMENT #95-0002 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan section of the 1992 Master Plan to change the land use designation of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (36 9/16/95; #29 6/27/95; #27 6/17/95)

43. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to amend the Taylor Run/Duke Street Small Area Plan of the 1992 Master Plan of the City of Alexandria by changing the land use designation of the property at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial. (#37 9/16/95; #30 6/27/95; #28 6/17/95)

44. REZONING #95-0001 -- 18 AND 20 SOUTH ROTH STREET -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for rezoning of the subject properties from CG/Commercial General to I/Industrial. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#38 9/16/95; #3 16/27/95; #29 6/17/95)
COMMISSION ACTION: Recommend Approval 6-0.

45. Introduction and First Reading. Consideration. Passage on First Reading of AN ORDINANCE to rezone the property located at 18 and 20 South Roth Street from CG/Commercial General to I/Industrial. (#39 9/16/95; #32 6/27/95; #30 6/17/95)

46. SUP #95-0050 -- 2500-3200 BUSINESS CENTER DRIVE -- ALEXANDRIA BUSINESS CENTER (CSX) -- Public Hearing and Consideration of a request for a special use permit to remove a lot from the area covered by previously approved special use permits (SUP #2288-A and SUP #2289-C); zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney. (#40 9/16/95; #33 6/27/95; #31 6/17/95)
COMMISSION ACTION: Recommend Approval 6-0.

(A copy of Mr. Rak's letter dated November 2,1995, withdrawing these items, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item Nos. 42, 44, and 46; 11/18/95, and is incorporated herewith as part of this record by reference.)



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

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Donley, seconded by Councilwoman Pepper and carried unanimously by all those present, at 1:46 p.m., the Public Hearing Meeting of Saturday, November 18, 1995, was adjourned. The voting was as follows:

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


APPROVED BY:


-------------------------------------------------
PATRICIA S. TICER MAYOR





ATTEST:


-------------------------------------------
Beverly I. Jett, CMC, City Clerk







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