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Special Public Hearing Meeting
Saturday, October 19, 1996 - - 9:30 am
[In Lieu of Regular Public Hearing Meeting of
Saturday, October 12, 1996]


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Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William C. Cleveland, William D. Euille, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant 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. Johnson, Division Chief, Planning and Zoning; Ms. Davis, Director of Housing; Ms. Hansen, Deputy Director of Housing; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Ms. Saari, Deputy Director of Management and Budget; Mr. Caton, Legislative Director; Ms. Casteel, Deputy Director of Recreation, Parks and Cultural Activities; Mr. O'Brien, Director of Library; Ms. Beidler, Registrar of Voters; Mr. Brannan, Assistant City Manager; and Lieutenant Hazel, Police Department.

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

The Meeting was called to order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.

(A Notice of this Special Meeting had been previously served upon each Member of Council, pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

2. Public Discussion Period.

(a) Julie Crenshaw, 816 Queen Street, spoke to the items on the agenda for the Retreat on September 28. She stated that an item was missing concerning the state of the environment of Alexandria. She stated that there was no commentary from the Alexandria Environmental Policy Commission, the Waterfront Committee, nor the Parks and Recreation Commission.

Mayor Donley suggested that if the above commissions would like a work session to discuss particular issues or elements that Council would be more than happy to accommodate that request.
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(b) Jack Sullivan, 4300 Ivanhoe Place, spoke to the recent action that Council took regarding a referral of a comprehensive plan and zoning amendment to the Planning Commission for its consideration and recommendation to enable the Council to vote on the special use permit application of Alexandria Toyota. He stated that by doing this Council has set a precedent.

Councilman Euille stated that the motion of Council with regard to that particular action with Mr. Taylor and his dealership, evolved from him and he certainly appreciates Mr. Sullivan's comments. Prior to even making the motion at the Council Meeting on October 8, he had spoken to the Planning and Zoning Director and the City Attorney's Office regarding the best way to handle this and the response was that it could be done during Oral Presentations. He stressed that the intent was not in any way to subvert the system, but it was a matter of affording a courtesy to allow a matter that needed to have quick action on part of the Planning Commission to go forward. He stated that the intent was always there that would allow the public an opportunity to participate in every stage of the discussion prior to formal action on the part of the Council. He does not believe that the action on the part of the Council Tuesday night was a signal to the public or anyone else that we are fully supportive and in favor of this irregardless as to what the outcome is at the Planning Commission level.

(c) Carol Swinburn, Aftercare Counselor with a new program based at the Alexandria Detention Center, spoke in support of the Women's Empowerment Program.

(d) Bridgette Brown, 101 South Reynolds Street, representing the Women's Empowerment Program as a client of the program, spoke to the success and benefits of this program.

(e) John Chapman Gager spoke during this period.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-13)

Planning Commission

WITHOUT OBJECTION, City Council removed Docket Item Nos. 7 and 13 from the Consent Calendar.

3. MASTER PLAN AMENDMENT #96-0006 -- 310 & 310A SOUTH COLUMBUS STREET -- Public Hearing and Consideration of an amendment to the Old Town Small Area Plan of the 1992 Master Plan to change the land use designation of the subject property from RM/Residential to CD/Commercial Downtown. Applicant: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 10/19/96, and is incorporated herewith as part of this record by reference.)

4. REZONING #96-0007 -- 310 & 310A SOUTH COLUMBUS STREET -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from RM/Residential to CD/Commercial Downtown. Applicant: City of Alexandria, Department of Planning and Zoning.

(A copy the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 10/19/96, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #96-0107 -- 330 NORTH WASHINGTON STREET -- FIRST UNION NATIONAL BANK -- Public Hearing and Consideration of a request for a special use permit to expand the existing bank drive-through facility; zoned CD/Commercial Downtown. Applicant: First Union National Bank of Virginia, by Dan Morrissey.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 10/19/96, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #96-0121 -- 4600 DUKE STREET, #303 -- Public Hearing and Consideration of a request for a special use permit to operate a hair salon; zoned RC/Residential. Applicant: Iversonette Green.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 10/19/96, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #96-0135 -- 602 KING STREET -- DUNKIN DONUTS -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing restaurant (donut shop); zoned CD/Commercial Downtown. Applicant: Patel Mehul.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 10/19/96, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #96-0141 -- 1217 FIRST STREET -- ALEXANDRIA -- AUTO REPAIR -- Public Hearing and Consideration of a review of a special use permit and request to change the hours of operation of an automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Alexandria Auto Repair.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No 9; 10/19/96, and is incorporated herewith as part of this record by reference.)

10. TEXT AMENDMENT #96-12 -- MASSAGE ESTABLISHMENT IN CL ZONE -- Public Hearing and Consideration of an amendment to Section 4-103(F.1) (CL/Commercial Low zone; special uses) to add massage establishment in the CL zone as a special use. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 10/19/96, and is incorporated herewith as part of this record by reference.)


11. SPECIAL USE PERMIT #96-0149 -- 108-A SOUTH COLUMBUS STREET -- Public Hearing and Consideration of a request for a special use permit to operate a massage establishment; zoned CL/Commercial Low. Applicant: Diana Simonton.
COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 10/19/96, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #96-0137 -- 1404 KING STREET -- HARD TIMES CAFE -- 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: Hard Times Cafe, by Stephanie R. Dimond.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 10/19/96, and is incorporated herewith as part of this record by reference.)

21. SPECIAL USE PERMIT #96-0099 -- 5010 DUKE STREET -- CAMERON STATION -- PHASE I -- Public Hearing and Consideration of a request for an amendment to the special use permit for the Cameron Station--Phase I development plan, with a reconfiguration of the site layout, an increase in total number of units and increase in retail square footage; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Cameron Station Associates, LLC; c/o Greenvest, LC, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's deferral letter dated October 18, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; 10/19/96, and is incorporated herewith as part of this record by reference.)

23. TEXT AMENDMENT #96-13 -- NONCONFORMING USES -- Public Hearing and Consideration of an amendment to Section 12-200 (Nonconforming uses) to add new provisions (1) requiring that all nonconforming uses abate within seven years unless a special use permit is approved before that time, (2) providing new rules for the repair of structures housing nonconforming uses, and (3) changing the status of certain uses from nonconforming to noncomplying. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Councilman Euille's deferral request dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 10/19/96, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Docket Item Nos. 7 and 13 which were considered under separate motions, and noted the deferral of Item Nos. 21 and 23. The Planning Commission recommendations are as follows:

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

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

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

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

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

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

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

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

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

21. City Council deferred this item to the November 16, 1996 City Council Public Hearing Meeting.

23. City Council deferred this item to a later date to allow for additional comments and reconsideration by staff and others.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

7. SPECIAL USE PERMIT #96-0122 -- 1225 POWHATAN STREET --DIXIE PIG RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for extension of a restaurant use; zoned RB/Residential. Applicant: Eduardo and Aurora Arcilla, by Beth M. Coyne, attorney.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Ms. Shannon's letter dated October 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 10/19/96, and is incorporated herewith as part of this record by reference.

Copies of questionnaires are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 7; 10/19/96, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on this item:
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added a new condition #17 as follows: "17. Applicant will work with the civic association and obtain staff approval regarding any sign replacement." The voting was as follows:

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

13. SPECIAL USE PERMIT #96-0138 -- 3110 and 3040 COLVIN STREET -- Public Hearing and Consideration of a request for a special use permit to add automobile sales to an automotive repair business at 3110 Colvin Street, with automobile storage at 3040 Colvin Street; zoned I/Industrial. Applicant: Dolores Becerra.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 10/19/96, 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 Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with a correction to condition #9 changing the time from 9:00 p.m. to 9:00 a.m.. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

14. Public Hearing and Consideration of the City of Alexandria 1996 Annual Report. (#7 9/10/96)

(A copy of the 1996 Annual Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 10/19/96, 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 Council Member Rich, seconded by Vice Mayor Pepper and carried unanimously, City Council closed the public hearing. The voting was as follows:

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

15. Public Hearing on and Consideration of Resolution to Reduce the Size of the Alexandria Redevelopment and Housing Authority Board of Commissioners. (# 19 10/8/96) (Mayor Donley) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated October 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of the proposed resolution is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Johnson's memorandum dated October 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 15; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Ms. Harris' memorandum dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 15; 10/19/96, and is incorporated herewith as part of this record by reference.)
At 10:45 a.m., Mayor Donley left the meeting to attend a long-standing commitment with Bishop Ireton High School.

City Council closed the public hearing and deferred action until Mayor Donley returns.

16. Public Hearing and Consideration of Receipt of Federal Funds in FY 1997 for the Local Law Enforcement Block Grant Program.

(A copy of the City Manager's memorandum dated October 8, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 10/19/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded simultaneously by Council Members Rich and Walker and carried on a vote of 4-to-0, City Council held the public hearing and (1) approved the City's application for $176,823 to continue the Police Department's task force efforts to combat auto thefts and other emerging Part I crimes in the City. The federal share of the grant is 90 percent, or $159,141, and the City share is 10 percent, or $17,682, to be funded from the Police Department's FY 1997 overtime budget; and (2) authorized the City Manager to execute any documents that may be required. The voting was as follows:

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

17. (a) Public Hearing and Consideration of the Crestview Apartments Conversion Assistance Plan.

(A copy of the City Manager's memorandum dated October 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17 (a); 10/19/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council deferred this item to the Legislative Meeting on October 23, and directed staff, the applicant and the City Attorney's Office to work out the proper language to reflect what the Council's desire is to modify the policy to reflect the desire on the part of the owner to retain the tenants and only apply the relocation for those tenants who are specifically not eligible for relocation. The voting was as follows:

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

17. (b) Consideration of VHDA Request for City's Position Regarding Funding Application for Rehabilitation of Hunter's Run Apartments. [This is not a public hearing item.]

(A copy of the City Manager's memorandum dated October 17, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17 (b); 10/19/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 6-to-0, City Council (1) requested staff to encourage KSI Services, Inc. to pursue this project as a condominium conversion; (2) did not support the KSI Services, Inc. application for funding to rehabilitate Hunter's Run Apartments, but authorized the City Manager to send the following letters: (a) to the Virginia Housing Development Authority (VHDA) opposing KSI Services, Inc.'s application for state Multi-Family Loan Program (tax-exempt bond) funds for the rehabilitation of Hunter's Run Apartments; and (b) to the Chairman and Members of the Board of Commissioners of the Virginia Housing Development Authority suggesting that the criteria for officially disapproving a funding application (that the application is not consistent with current zoning or other applicable land use regulations) are too narrow and should be broadened to consider other concerns important to the locality, such as the number of lower income housing units already in a jurisdiction, and failure of an applicant to comply with applicable local policies.; and (3) requested staff to prepare a recommendation for changing the VHDA criteria for disapproving funding applications, for discussion with the City's state legislative delegation and for possible inclusion in the City's legislative package for the 1997 General Assembly. The voting was as follows:

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

At 11:55 p.m., Mayor Donley returned and City Council returned to consider Docket Item No. 15.

15. Public Hearing on and Consideration of Resolution to Reduce the Size of the Alexandria Redevelopment and Housing Authority Board of Commissioners. (#19 10/8/96) (Mayor Donley) [ROLL-CALL VOTE]

WHEREUPON, a motion was made by Council Member Rich, seconded by Mayor Donley to adopt the resolution reducing the size of the ARHA Board from 9 to 7; which motion FAILED on a vote of 3 "ayes" to 4 "nays". The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

NOTE: City Council considered Docket Item Nos. 18 and 19 together and under one motion.

18. SUBDIVISION #96-0020 -- 1615-1617 PRINCESS STREET -- Public Hearing on and Consideration of an appeal from a decision of the Planning Commission, on September 3, 1996, denying a request for a property subdivision located at 1615-1617 Princess Street, Zoned RB/Residential. Applicant and Appellant: Clyde A. Pinkston, by Barbara P. Beach, attorney.

COMMISSION ACTION: Denied 7-0

(A copy of the Planning Commission report dated September 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Robinson's memorandum dated September 30, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of a plat, together with a copy of a deed, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 18; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated September 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 18; 10/19/96, and is incorporated herewith as part of this record by reference.)

19. VACATION #96-0003 -- 1615 PRINCESS STREET -- Public Hearing and Consideration of a request for vacation of a portion of a public alley right-of-way; zoned RB/Residential. Applicant: Clyde A. Pinkston, by John Savage, architect; and appointment of viewers for same. (#21 9/21/96)
(A copy of the Planning Commission report dated September 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 10/19/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council upheld the Planning Commission decision and denied the appeal for Docket Item No. 18 and upheld the Planning Commission decision and denied the request for Docket Item No. 19. The voting was as follows:

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

20. Public Hearing and Consideration of an appeal from a decision of the Directors of Planning and Zoning denying a request for a proposed driveway apron to be located at 409 East Clifford Avenue. Appellant: Deborah Nehoda.

(A copy of the Planning report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated October 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 10/19/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, City Council upheld the decision of the Director of Planning and Zoning and denied the appeal. The voting was as follows:

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

22. SPECIAL USE PERMIT #96-0132 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of a request for a special use permit to construct a road; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Edgehill, LC, by Cyril D. Calley, attorney.

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 10/19/96, and is incorporated herewith as part of this record by reference.)

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

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

NOTE: City Council considered Docket Item Nos. 24 and 25 together and under one motion.

24. SPECIAL USE PERMIT #96-0114 -- 1721, 1727, 1747 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for a special use permit for commercial development, with site plan, for office buildings with retail space. A special use permit is requested to increase the floor area ratio (FAR), for a temporary trailer, a public parking lot, and a reduction of the off-street parking requirement to allow tandem spaces. Modifications to setbacks, crown coverage, and drive aisle widths are requested. The property is zoned OCH/Office Commercial High. Applicant: H. P. Companies, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated October 18, 1996, requesting an amendment, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 10/19/96, and is incorporated herewith as part of this record by reference.)

25. SPECIAL USE PERMIT #96-0115 -- 1721, 1727, 1747 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a proposed commercial development; zoned OCH/Office Commercial High. Applicant: H. P. Companies, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 10/19/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's suggested amendments to Condition #9 A, B, C is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 10/19/96, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the special use permits for Item Nos. 24 and 25 and incorporated the amendments to the conditions as submitted by Mr. Hart and agreed to by staff, with the understanding that this is for Building I and that the other phases would have to come back through the process for Planning Commission and City Council approval. The Planning Commission recommendations are as follows:

24. 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 added conditions, #38 and #39, and included the amendments in Mr. Hart's letter dated October 18, 1996.

25. 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 added condition #14, and included the language submitted by Mr. Hart relating to Conditions 9A, 9B, and 9C. The voting was as follows:

Pepper "aye" Cleveland "aye"
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to decrease the requirement for City registration of Child Care Providers who care for a maximum of eight to a maximum of five children in accordance with State law. (#18 10/8/96) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated October 2, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 10/19/96, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3888

AN ORDINANCE to amend and reordain Section 12-3-1 (DEFINITIONS) of Article A (GENERAL PROVISIONS), Chapter 3 (CHILD CARE), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-3-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 12-3-1 Definitions.

For purposes of this chapter, the following terms shall have the meanings provided below:

(1) "Adult" means any natural person of at least 18 years of age.

(2) "Child" means any natural person under 18 years of age.

(3) "Child-care services" means the regular provision, in exchange for compensation, of care, protection and guidance to from one to and including five children not related by blood or marriage to the care provider, while such children are separated from their parents, guardians or legal custodians, in a dwelling not the residence of one or more of the children, during a part of the day for at least four days of a calendar week. Providers caring for six or more children shall be licensed by the Virginia Department of Social Services.

(4) "Division of social services" means the component of the City of Alexandria department of human services responsible for administering the provisions of article B of this chapter.

(5) "Day-care home" means any residential building, or portion thereof, which is used to provide child-care services.

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

KERRY J. DONLEY
Mayor

Introduction: 10/8/96
First Reading: 10/8/96
Publication: 10/9/96; 10/10/96
Public Hearing: 10/19/96
Second Reading: 10/19/96
Final Passage: 10/19/96
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (27-32)

27. SPECIAL USE PERMIT #96-0139 -- 725-727 KING STREET -- BERTUCCI'S RESTAURANT -- Public Hearing and Consideration of a request to amend special use permit conditions regarding off-site loading for the existing restaurant; zoned CD/Commercial Downtown. Applicant: Bertucci's Restaurant Corporation, by Harry P. Hart, attorney.
28. SPECIAL USE PERMIT #96-0087 -- 5300-5320 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit to approve noncomplying and special uses and a reduction of the required off-street parking; zoned OCH/Office Commercial High. Applicant: Krucoff Realty Partnership, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Deferred (Applicant's Request)

29. SPECIAL USE PERMIT #96-0113 -- 115 NORTH WASHINGTON STREET --ASIAN LIGHT RESTAURANT -- Public Hearing and Consideration of a review of a special use permit and request to add delivery service to the existing restaurant; zoned CD/Commercial Downtown. Applicant: Ai Ba Le.
Closed)

30. TEXT AMENDMENT #96-14 -- MOTOR VEHICLE PARKING AND STORAGE -- Public Hearing and Consideration of an amendment to Sections 2-177 and 7-101(M) (Definitions; Motor vehicle parking and storage; Supplemental regulations; Permitted accessory uses) to clarify that large commercial parking facilities require a special use permit in the commercial zones and that accessory parking is permitted in both residential and commercial zones. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Deferred

31. SPECIAL USE PERMIT #96-0119 -- 1517 MOUNT VERNON AVENUE -- PAPA JOHN'S PIZZA -- Public Hearing and Consideration of a request for a special use permit to operate a full-service restaurant (with seats) with carry-out and delivery service; zoned CL/Commercial Low. Applicant: John Van Lenten; Papa John's.

COMMISSION ACTION: Deferred (Applicant's Request)

32. SPECIAL USE PERMIT #96-0140 -- 1509 LESLIE AVENUE
Public Hearing and Consideration of a request for a special use permit for reduction of required off-street parking for a woodworking facility; zoned CSL/Commercial Service Low. Applicant: Alexandria Center for the Woodworking Arts, Inc., by Cyril D. Calley, attorney.

COMMISSION ACTION: Deferred

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, at 1:20 p.m., the Special Public Hearing Meeting of Saturday, October 19, 1996 [in lieu of the Regular Public Hearing Meeting of Saturday, October 12, 1996], was adjourned. The voting was as follows:

Rich "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
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APPROVED BY:



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KERRY J. DONLEY MAYOR

ATTEST:



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Beverly I. Jett, CMC City Clerk

NOTE: Immediately following the adjournment of this meeting, City Council held the work session with the Alexandria Library Board to discuss the new main Library design. Presentations were made by Library Director Patrick O'Brien, Kenneth Brown, AIA, and Michael Graves, FAIA. Members of City Council asked questions and participated in the discussion.

(A copy of the agenda for this work session and the materials that were presented to City Council are on file in the office of the City Clerk and Clerk of Council, and incorporated herewith as part of the record by reference.)

The work session was concluded at 2:30 p.m.


This docket is subject to change.

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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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