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Public Hearing Meeting
Saturday, December 14, 1996 - - 9:30 am


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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. Hansen, Deputy Director of Housing; Mrs. Godwin, Director of Management and Budget; Mr. Caton, Legislative Director; Mr. Brannan, Assistant City Manager; Mr. Sanderson, Director of Real Estate Assessments; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Fertig, Director of Personnel Services; Ms. Davis, Director of Housing;Ms. Gattsek; Director of Office on Women; Ms. Anderson, Deputy Director of Transportation and Environmental Services; Ms. Fayne, Special Assistant to the City Manager; Ms. Chis, Acting Director of Human Services; Mr. Powers, Director, Division of Community Programs; Mr. Eiffert, Director of Agency on Aging; Mr. Smith, Urban Planner; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Fire Chief Hawkins; Police Chief Samarra; and Lieutenant Kaluta, 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.

2. Public Discussion Period.

(a) Robert L. Calhoun, 3204 Circle Hill Road, United Way Campaign Chair, gave a report on this year's very successful campaign.

(b) Katy Cannady, 24 East Linden Street, spoke against any changes to the election process for City Council Members.

(c) John Chapman Gager spoke during this period.




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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-10)

Planning Commission

WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 4 and 9 from the Consent Calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #96-0150 -- 1711 MAPLE HILL PLACE -- MAPLE HILL TOWNHOUSES -- Public Hearing and Consideration of a request for a special use permit to amend a cluster development plan to allow construction of an addition to one building and to clarify provisions for amendments within the Maple Hill Cluster; zoned R-8/Residential. Applicant: Judith and Stephen Baer.

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/14/96, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #96-0166 -- 2700 JEFFERSON DAVIS HIGHWAY -- AFGHAN RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant with carry-out service, entertainment and off-street parking reduction; zoned I/Industrial. Applicant: Qasim Abbasi; Afghan Restaurant.

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/14/96, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #96-0169 -- 2383-2385 SOUTH DOVE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a wholesale distribution business for the sale of cigars; zoned OCM-50/Office Commercial Medium. Applicant: 2350 Duke Street Partnership for Cigars of Honduras, Inc., by Robert A. Hayman.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/14/96, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #96-0170 -- 2500-3200 BUSINESS CENTER DRIVE -- ALEXANDRIA BUSINESS CENTER -- Public Hearing and Consideration of a request for amendment to the approved Transition Special Use Permit (SUP #2289C) and Transportation Management Plan Special Use Permit (SUP #2288A) for the Alexandria Business Center by removing a vacant one-acre parcel at 20 Roth Street from the 28.88-acre site included in the approved plan; zoned CG/Commercial General. Applicant: CSX Realty, Inc., by Jonathan P. Rak, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/14/96, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #96-0171 -- 44 & 66 CANAL CENTER PLAZA --TRANSPOTOMAC CANAL CENTER -- Public Hearing and Consideration of a request for a special use permit to allow a variety of uses within the W-1/Waterfront Mixed Use zone. Applicant: Waterfront One Corporation and Waterfront Two Corporation, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/14/96, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #96-0168 -- 105 SOUTH UNION STREET -- SMOOTHIE'S JUICE & JAVA BAR -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Snow Advertising, Inc., by Richard E. Snow.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/14/96, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried unanimously, City Council approved the Consent Calendar as presented with the exception of Item Nos. 4 and 9 which were considered under separate motions. 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.

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

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

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

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

4. SPECIAL USE PERMIT #96-0153 -- 1536 KENWOOD AVENUE -- FAIRLINGTON SHOPPING CENTER -- RAMPARTS RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant with off-street parking reduction; zoned CG/Commercial General. Applicant: Fares, Inc.
(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of a letter signed by Fairlington Merchants is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 12/14/96, and is incorporated herewith as part of this record by reference.)

Councilman Euille expressed concern about the parking problem raised in a letter dated December 12, to Council from the merchants of the Fairlington Centre. He directed questions to Transportation and Environmental Services Director O'Kane.

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with a request that staff convene a meeting with the owners of Fairlington Centre, the tenants, and the applicant in an effort to mutually resolve any concerns about parking. The voting was as follows:

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

9. SPECIAL USE PERMIT #96-0167 -- 5800 EDSALL ROAD -- KLINE INFINITI -- Public Hearing and Consideration of a review of a special use permit for an automobile sales business; zoned CG/Commercial General. Applicant: Kline Infiniti, by James M. Kline.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 12/14/96, and is incorporated herewith as part of this record by reference.)

Councilman Speck directed questions to Planning and Zoning Deputy Director Ross concerning the applicant's failure to comply with a series of requirements that were part of the special use permit.

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"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

11. Public Hearing on and Consideration of the Queen/Lee Street Parking Lot. (#13 12/10/96)

(A copy of the joint memorandum from the City Manager and the City Attorney dated December 5, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of the joint memorandum from the City Manager and the City Attorney dated December 12, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 12/14/96, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 11; 12/14/96, and is incorporated herewith as part of this record by reference.)

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

Paul Bynum, 6 King Street, representing Old Town Seaport Inn Corporation, and Seaport Inn Corporation, spoke in support;

Bernard M. Fagelson, 1733 King Street, representing Crilley Warehouse, spoke in support;

David Canfield, 801 North Fairfax Street, representing the Alexandria Chamber of Commerce, spoke in support;

Randal B. Kell, 502 Cathedral Drive, spoke in support;

R. W. Shore, 106 Cameron Mews, representing himself and residents of Cameron Mews, spoke in support;

George C. Berger, 105 Queen Street, representing property owners in the 100 block of Queen Street, spoke in support; a copy of Mr. Berger's statement, which he read for the record, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Diana Damewood, 220 North Lee Street, representing Ecco Cafe, spoke in support;

Ben Brenman, 4600 Duke Street, #1609, representing West End community, spoke in support;

Nita Whitesel, 125 South Union Street, representing business owners of Christmas Attic, Inc., and House in Country, spoke in support;

Mike Anderson, 1320 North Pegram Street, representing the Chamber of Commerce, spoke in support;

Charles H. Huettner, 218 South Fayette Street, spoke in support;

Fran Kernodle, 113 North Alfred Street, representing Frances Kernodle Associates, spoke against;

Howard Kernodle, 816 Cameron Street, spoke against;

Howard C. Deiderich, 7206 Burtonwood Drive, representing Lindsey-Deiderich Partnership, spoke in support;

Jonas Neihardt, 725 South Pitt Street, representing Old Town Civic Association, spoke in support; and

Peter Schumaier, 428 South Lee Street, spoke in support.

General Discussion. Members of City Council participated in the discussion.

Councilman Speck requested staff to make sure to identify all of the parking that will be available while this site is under construction, and to advertise and to provide proper signage so that we are not discouraging people from being consumers in this area because they think it is difficult to park. He wanted to insure that there is a way for both the businesses and neighbors to be able to address problems that are going on all of the time. He requested from the developer a genuine twenty-four hour a day point of contact for any problems that are occurring during construction, and not an answering machine, but a real person who can address problems that are going on at the site at all times.

Council Member Walker requested, due to the multiple construction projects that will be going on at approximately the same time, that someone in the City be an ombudsman for residents during the period of this construction.)

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried unanimously, City Council (a) approved the concept of the City's participation in this project; (b) authorized the City Manager and the City Attorney to negotiate contract documents that implement the project; and (c) submit these documents for Council approval in early 1997; and included the changes listed in the joint memorandum dated December 12, 1996, from the City Manager and City Attorney. The voting was as follows:

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

12. (a) Public Hearing on and Consideration of the 1997 City of Alexandria Legislative Package. (#14 11/12/96)

(A copy of the City Manager's memorandum dated December 12, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12 (a); 12/14/96, and is incorporated herewith as part of this record by reference.

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. 12 (a); 12/14/96, and is incorporated herewith as part of this record by reference.)

(b) Public Hearing on and Consideration of the Report of the City Manager's Ad Hoc Task Force on Stalking/Domestic Violence Issues Related to the Murder of Karen Mitsoff. (#14 10/8/96; #14 6/25/96)

(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. 1 of Item No. 12 (b); 12/14/96, and is incorporated herewith as part of this record by reference.

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. 12 (b); 12/14/96, and is incorporated herewith as part of this record by reference.)

(The following persons spoke to the same sex marriage proposal:

David M. Phillips, 23 Fendall Avenue, spoke in support;

Dean Gray, 5720 Dawes Avenue, president, Alexandria Gay and Lesbian Association, spoke in support; a copy of Mr. Gray's statement, together with expert documentation, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 12 (a);

Paul Mahafky, 305 Charles Alexander Court, spoke against;

Christopher Redder, 1017 12th Street, N.W., Washington, D.C., representing the Transformation Ex-gay Christian Ministeries, spoke against;

Father Christopher Murphy, 310 Duke Street, representing St. Mary's Catholic Parish, spoke against;

Adam Ebbin, 1726 Kingsgate Court, president, Virginia Partisans Gay and Lesbian Democratic Club, spoke in support;

Arthur McNeill, 720 North Overlook Drive, spoke against;

Reverend Darlene Garner, representing the Alexandria Gay and Lesbian Community, spoke in support;

Anne Briscoe, 2D Auburn Court, spoke in support;

Fred Steckler, 1205 West Braddock Road, spoke in support;

Robert Murphy, 1205 West Braddock Road, spoke in support;

Helen Donovan, 5260 Duke Street, #106, spoke against;

Pamela Schadt, 413 Duke Street, representing her husband and herself, spoke in support;

Richard Reno, 203 Yoakum Parkway, #1510, spoke in support; a copy of Mr. Reno's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 12 (a);

Kim Winston, 203 Yoakum Parkway, #1510, vice president, Alexandria Gay and Lesbian Community Association, spoke in support; a copy of Mr. Winston's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 12 (a);

Christopher Hamilton, 2912 Hickory Street, spoke in support;

Matthew Murguia, 3907 Elbert Avenue, representing the Alexandria Task Force on AIDS, spoke in support of the same sex marriage proposal, as well as increased State funding for the AIDS Drug Assistance Program, and additional funding to make the current half-time position a full-time position;

Reverend Robert Lewis Taylor, representing Greater Shiloh Baptist Church, spoke against;

Paula Sheridan, 401 North Armistead Street, #302, spoke in support;

Carl H. Patton, 4018 David Lane, spoke in support;

Dan Sealy, 1204 South Washington Street, spoke in support; and

Susan Kellom, 719 South Fairfax Street, spoke in support.)

NOTE: After hearing all of the speakers on the same sex marriage proposal, City Council took the following action and then resumed with the public hearing on the legislative items and the Karen Mitsoff report.

(General Discussion. Members of City Council participated in the discussion.)

WHEREUPON, a motion was made by Council Member Rich, seconded by Council Member Walker to include in the legislative package for the General Assembly to consider these three things: same sex marriage, creation of a new institution called domestic partners which would need to be defined, and the number of smaller items that were in the City Manager's package.

THEREUPON, a substitute motion was made by Councilman Speck, seconded by Councilman Euille (1) to amend hate crime statutes to include "sexual orientation" within their coverage and prohibition (carryover HB 234); (2) to amend state statutes that prohibit discrimination in employment, housing, and on the basis of disabilities, to include "sexual orientation" within their coverage and protection; (3) to amend the state insurance code that restricts the provision of health insurance* to the spouses and dependents of employees, so that employers are free to identify the employee-partner relationships they wish to cover through their health insurance programs, and so that insurers are able to provide the coverage so identified by employers, *those policies would be such traditional insurance policies, HMO's, PPO's, and the like.

Councilman Speck spoke to his substitute motion.

Councilman Cleveland asked if the maker and seconder would divide the issue and vote on each item separately.

The maker and seconder of the substitute motion agreed to vote on each issue separately.

Council Member Rich called for a vote on whether or not Council will consider the substitute motion.

Mayor Donley stated that a vote in the affirmative will be a vote to consider the substitute motion.

The vote to consider the substitute motion made by Councilman Speck and seconded by Councilman Euille, carried on a vote of 4-to-3. The voting was as follows:

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

Mayor Donley stated that the substitute motion is now on the floor.

Vice Mayor Pepper requested the maker and seconder of the substitute motion if they would include in the motion to support carryover HB 1468 relating to sexual acts between consenting adults in private for non-commercial purposes.

Councilmen Speck and Euille agreed to include this in the motion.

WHEREUPON, Council returned to the substitute motion made by Councilman Speck, seconded by Councilman Euille and voted on the four-part substitute motion as follows:

City Council agreed to include the following items in the Legislative Package:

(1) to amend hate crime statutes to include "sexual orientation" within their coverage and prohibition [carryover HB 234]; The voting was as follows:

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

(2) to amend state statutes that prohibit discrimination in employment, housing, and on the basis of disabilities, to include "sexual orientation" within their coverage and protection; The voting was as follows:

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

(3) to amend the state insurance code that restricts the provision of health insurance* to the spouses and dependents of employees, so that employers are free to identify the employee-partner relationships they wish to cover through their health insurance programs, and so that insurers are able to provide the coverage so identified by employers, *those policies would be such traditional insurance policies, HMO's, PPO's, and the like; The voting was as follows:

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

(4) to support carryover HB 1468 relating to sexual acts between consenting adults in private for non-commercial purposes. The voting was as follows:

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

At this point, City Council continued with the public hearing on the remaining elements of the Legislative Package.

(The following persons participated in the public hearing:

William C. Dickinson, 805 Quaker Lane, representing the Seminary Hill Association, spoke to the funding for the Seminary Road HOV Access and requested that a study be initiated on campaign finance reform;

With respect to transportation funding for Seminary Road HOV Access, Council Member Walker requested Transportation and Environmental Services Director O'Kane to provide Council with a memorandum about what the process is concerning this issue.

Vice Mayor Pepper suggested that this item be reworded.

Transportation and Environmental Services Director O'Kane suggested the language could read: "A traffic analysis and preliminary engineering."

Mayor Donley stated for the record that it is the intent of Council to work with the affected civic associations should the project be funded and should any particular analysis be performed.

Mayor Donley requested Legislative Director Caton to try to give Council some flavor for what has been discussed concerning campaign finance reform, and potentially if there are any carryover bills pertaining to this issue, the Council can take it up once it gets a report from Mr. Caton.

Sue M. Capers, 311 Wolfe Street, representing the Virginia Coalition for the Homeless and supporting civic organizations, spoke in support of funds for the operation, expansion and maintenance of emergency shelter and transitional housing to insure that individuals and families in the crisis of homelessness find shelter and the support services they need;

Molly Abraham, 5100 Taney Avenue, chair, Commission for Women, spoke for legislation pertaining to the Karen Mitsoff murder; and

Don Fowler, 3307 Alabama Avenue, chair, Commission on Aging, spoke in support of the proposed measures to help the aging.)

The Public Hearing was concluded on the Legislative Package at 1:25 p.m. and at this time, the City Council recessed for lunch and held a work session with the State Legislative Delegation.

Legislative Director Caton went through the various items for the legislative package. Members of City Council and the General Assembly Delegation participated in the discussion.

The work session was concluded at approximately 2:50 p.m.

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

At 2:55 p.m., the meeting was reconvened and the following transpired:

Legislative Director Caton stated that all of the items on the agenda that was distributed for the City Council work session with the General Assembly Delegation members were discussed in the work session. They went through to identify the items that Council would ask them to introduce as legislation and they agreed among themselves who would introduce which ones. The items that are recommended for inclusion in the legislative package are as follows: The first group are bills that will be patroned by the delegation, (1) the definition of domestic violence eliminating the twelve-month limit on cohabitors and court jurisdiction over domestic violence cases; (2) stalking issues: (i) reclassify stalking as a more serious crime; (ii) create a new crime, stalking with a weapon, classified as a felony; and (iii) allow protective orders to be issued against individuals charged with stalking before their trials are held (2 bills); (3) the third bill would seek to amend the code to allow individuals who are going through full-time work experiences, such as the City's CET program, to not have to abide by the eight-hour work requirement for people on welfare; (4) this bill will correct some problems with the code with driving while intoxicated statutes that do not allow us to charge individuals under certain city code ordinances; (5) this bill would change the criteria for local approval or disapproval of VHDA funding applications allowing the locality to reject an application if it does not fit in with the locality's consolidated plan which is required under Federal law; (6) this bill would clarify the requirements for local government employees and ethics law so that local government employees would not be able to hire family members for procurement whether or not the family member lived with the employee; and two final measures that were adopted for the delegation to introduce were the bills that were discussed this morning. One that would amend state statutes to prohibit discrimination in employment and housing and on the basis of disabilities to include sexual orientation, and the second one is to amend the state insurance code that restricts the provision of health insurance to spouses and dependents of employees so that employers are free to identify the employee/partner relationships they wish to cover through their health insurance programs. These are the sponsor items for the Delegation.

The next category includes legislation that we have asked the delegation to support if its introduced: First there is some carryover legislation which was patroned last year by Delegate Moran on satisfaction and discharge of a criminal assault charge in domestic violence cases. The second one, we asked the delegation to support efforts by the Commission on Family Violence Prevention to study issues relating to the use of guns and other deadly weapons in domestic violence disputes. The next is a bill which would prohibit an employee who retires from receiving both full VRS non-work-related disability benefits and full workers' compensation benefits at the same time for the same disabling condition. The next bill would extend the time at which Northern Virginia's Medicaid population has to enter into a managed care program for behavioral health services. The next bill would limit the time that a locality is liable for the incorrect allocation of sales tax by the State Department of Taxation. The next one would seek to have the delegation oppose any legislation which would diminish the City's land use authority. The final one is to adopt the position of the Virginia Municipal League on federal welfare reform and related welfare reform issues. An additional item was also included with respect to handicapped parking initiative which was brought forward by State Senator Ticer, which basically looks at improving the enforcement of handicapped parking throughout the state.

There are a number of funding items as follows: (1) we are asking the state to fully fund its obligations under the Comprehensive Services Act; (2) to continue the current health allocation formula that is used to fund local health departments; (3) to fund its obligations under HB 599, local law enforcement funding; (4) fully fund the state responsibility for Northern Virginia teacher salaries; (5) provide half the funding necessary for sewage treatment plant upgrades required for nutrient reduction in the Chesapeake Bay tributaries; (6) if they fund the Urban Partnership, insure that they fund other state obligations that are unfunded first; (7) if there is additional transportation funding that the Seminary Road HOV access project which includes some preliminary design work and other preliminary engineering work include that and improvements to the King Street Metro entrance in a list of any transportation projects; and (8) if there is any additional state assistance for public bus systems, to insure that some of this assistance comes to Northern Virginia.

Finally, two of the City's commissions proposed items: (1) the Community Services Board asked for additional state funding for services for young adults with severe mental disabilities; and (2) the AIDS Task Force asked for additional funding for the AIDS Drug Assistance Program and funding for a partial position to assist in the City's AIDS prevention and other AIDS related efforts.

The City was asked by the Economic Opportunities Commission to support certain legislative proposals to assist the homeless, and the City was asked by the Commission on Aging to support certain items in two documents that were received by coalitions for the aging.

Mayor Donley stated that that summarizes the discussion Council had during the work session on the City's legislative package.

WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council adopted the items that were summarized by Mr. Caton as part of this year's Legislative Package in terms of not only the bills that would be introduced by our Legislative Delegation, but the formal positions that we would take on a number of pieces of legislation. The voting was as follows:

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

THEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council closed the public hearing and received the report on the Manager's Task Force on Stalking and Domestic Violence. The voting was as follows:

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

13. Consideration of Approval of a Five-Year License Agreement with the Potomac Riverboat Company to Berth the Cherry Blossom at the City Marina. (#20 12/10/96)

(A copy of the City Manager's memorandum dated December 11, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/14/96, and is incorporated herewith as part of this record by reference.)

This Item Has Been Deferred to January.

WITHOUT OBJECTION, City Council noted the deferral to January.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

14. CASE BAR #96-0026 -- Public Hearing on and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on November 6, 1996, denying a certificate of appropriateness for approval of an ATM to be installed at 118 King Street. Applicant and Appellant: Bank of Alexandria by Richard Wieboldt, Architect.

BOARD ACTION: Denied 7-0

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated November 8, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 12/14/96, and is incorporated herewith as part of this record by reference.)

Mayor Donley recused himself from participating in this particular jurisdiction due to the nature of his employment with Crestar Bank in Old Town, not only is his industry involved, but one of his offices falls within the purview of this particular item.

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

Edward Luckett, 420 North Alfred Street, representing the Board of Architectural Review Old and Historic Alexandria District, spoke against the appeal;

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support;

Charles L. Trozzo, 209 Duke Street, spoke against;

Larry Robinson, 624 South St. Asaph Street, representing the Old Town Civic Association, spoke against; and

Richard D. Wieboldt, 100 West Jefferson Street, representing the Bank of Alexandria, spoke in support and showed drawings of the ATM.

General Discussion. Members of City Council, City Attorney Sunderland, Planning and Zoning Director Lynn, Planner Smith, and Mr. Hart participated in the discussion.)

WHEREUPON, a motion was made by Council Member Walker, seconded by Councilman Euille, to overturn the Board of Architectural Review decision denying the appropriateness of this ATM machine, with a request that a study be done to determine future policy for ATM machines or such like objects.

THEREUPON, a substitute motion was made by Council Member Rich, seconded by Councilman Cleveland that City Council affirm the decision of the BAR and that we request the staff to generally study this idea of electronic conveniences on the front of buildings.

Councilman Speck spoke to the substitute motion and stated that he does not think that there is any reason for City Council to establish a policy on ATMs. He stated that Council should deal with the appearance issue which is the BAR responsibility. He suggested that the BAR give direction to the applicant as to what they want to see different than what is there now.

Council Member Rich stated that he agreed with Councilman Speck that there really is not much need for a study as there is to allow the Board of Architectural Review to do its job and decide whether something is consistent or inconsistent with the architectural guidelines. Council Member Rich amended his substitute motion as follows:

WHEREUPON, the substitute motion made by Council Member Rich, seconded by Councilman Cleveland was amended as follows: City Council affirmed the decision of the BAR and denied the appeal.

Vice Mayor Pepper stated that there needs to be a vote to decide to consider the substitute motion which was as follows:

Rich "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley out of room Speck "aye"
Walker "no"

THEREUPON, Council returned to the substitute motion made by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 4-to-2,
City Council affirmed the decision of the BAR and denied the appeal. The voting was as follows:

Rich "aye" Pepper "aye"
Cleveland "aye" Euille "aye"
Donley out of room Speck "no"
Walker "no"

After the vote on the motion, Vice Mayor Pepper requested staff to come back with some kind of policy for Council to discuss, either as a work session topic or as a Council docket item, but in some way get back to Council with alternatives for addressing the issue of ATMs or electronic conveniences.

Planning Commission (continued)

15. TEXT AMENDMENT #96-14 -- MOTOR VEHICLE PARKING AND STORAGE -- 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. (#16 11/16/96)

COMMISSION ACTION: Recommend Approval 5-0

(A copy of the Planning Commission report dated November 7, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated December 12, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated December 12, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 15; 12/14/96, and is incorporated herewith as part of this record by reference.

Copies of communications pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 15; 12/14/96, and is incorporated herewith as part of this record by reference.)

Mayor Donley requested that the staff continue to work with First Baptist Church regarding the Chesapeake Bay waiver.

WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried on a vote of 6-to-1, City Council approved the text amendment, with a suggestion that when the item comes back to Council in the form of an ordinance that language be added to identify that the first amendment elements, basically the practice of religion, are not to be controlled in consideration of a parking lot, and more specifically, hours of operations, religious practices or rituals, so that it is clear in its intent that this particular item is to control or to regulate parking and not necessarily religious practices. The voting was as follows:

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

NOTE: Docket Item Nos. 16 and 17 were considered together; however, separate motions were made for each item.

16. SPECIAL USE PERMIT #96-0145 -- 615 NORTH SAINT ASAPH STREET -- PORTNER'S LANDING (RED CROSS SITE) -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of townhomes and condominiums. A special use permit is requested to allow an increase in floor area ratio (FAR), multi-family development, outlot development, more than eight townhouses in a row, tandem and compact parking and a sales trailer. Modifications to rear yards and vision clearance are requested; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Madison Homes, Inc., by Harry P. Hart, attorney.
(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated December 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of handwritten conditions submitted by Mr. Calley, attorney, dated December 14, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of the Old Town North Community Association's letter dated December 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 16; 12/14/96, and is incorporated herewith as part of this record by reference.)

17. ENCROACHMENT #96-0006 -- 615 NORTH SAINT ASAPH STREET -- PORTNER'S LANDING (RED CROSS SITE) -- Public Hearing and Consideration of a request for encroachment into the public sidewalk rights-of-way at four locations to allow entry canopies and bay windows on multi-family buildings; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Madison Homes, Inc., by Harry P. Hart, attorney. COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/14/96, and is incorporated herewith as part of this record by reference.)

(The following persons participated in the public hearing on these items:

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support;

Paula J. Barton, 1109 North Pitt Street, representing the Old Town North Community Association, spoke in support;

Marian L. Clarke, 400 Madison Street, #709, representing the Old Town North Community, spoke in support; and

Lee Quill, 206 East Spring Street, representing the Old Town North Urban Design Advisory Committee, spoke in support.

General Discussion. Members of City Council, Planning and Zoning Director Lynn, Planner Cox and Mr. Calley participated in the discussion. Councilman Euille asked questions concerning the roof top terrance and requested that Condtion #5 be deleted. This was agreed to by the maker and seconder of the motion.)

16. WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #4, #8, #38, #39, #41, #47 and #50, and the added condition #58, with the amended conditions as submitted by Mr. Calley for conditions #24, #7, #2, and the deletion of #44, and noting that there will be sprinklers and brick sidewalks, as well as including the change to condition #13.F, submitted by the Planning and Zoning Director in his memorandum dated December 13, 1996, and requested that the Old Town North Civic Association and Urban Design Committee also be consulted, and deleted condition #5. The voting was as follows:

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

17. THEREUPON, upon motion by Vice Mayor Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

18. SPECIAL USE PERMIT #96-0172 -- 605-607 KING STREET -- VIRGINIA BEVERAGE COMPANY RESTAURANT -- Public Hearing and Consideration of a request for an amendment to a special use permit for a restaurant to allow (1) additional bar stools, (2) an additional number of patrons allowed to receive alcoholic beverage service while standing, and (3) four special events per year, with live entertainment and extended hours of operation; zoned CD/Commercial Downtown. Applicant: The Virginia Beverage Company, LP, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Denial (Proposals #1 & #2) 7-0
Recommend Approval (Proposal #3) 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/14/96, and is incorporated herewith as part of this record by reference.)

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

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support;

Milton McGuire, owner of the Virginia Beverage Company Restaurant, addressed economic concerns; and

Jonas Neihardt, 715 South Pitt Street, representing Old Town Civic Association, spoke against.

Council Member Rich requested staff to look at the broader question of how many other restaurants could potentially come in with similar requests and what would be the impact if we were to grant several of these in Old Town.)

WHEREUPON, a motion was made by Councilman Speck, seconded by Councilman Euille to overturn the Planning Commission recommendation and approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations, to approve the conversion of 8 booth seats to stools and to reconfigure the reception area, to allow an increase from 12 to 28 the number of standing patrons and to deny the 4 special events.

Councilman Euille offered a friendly amendment to change the number of standing patrons from 12 to 20; which was accepted.

THEREUPON, a motion was made by Council Member Walker, seconded by Councilman Cleveland to amend the motion to allow the 4 special events; which amendment was passed on a vote of 6-to-1, and added to the main motion. The voting was as follows:

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

WHEREUPON, a substitute motion was made by Vice Mayor Pepper, seconded by Council Member Walker, to overturn the Planning Commission recommendation and approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations, converting the booth seats to 8 [bar stools], leaving the standing patrons at 12, and approved the Planning Commission recommendation allowing 4 special events per year, with live entertainment and extended hours of operation.

Mayor Donley called for a vote to decide whether to consider the substitute motion; which vote was as follows:

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

THEREUPON, Council returned to the substitute motion made by Vice Mayor Pepper, seconded by Council Member Walker and carried on a vote of 5-to-1, City Council overturned the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, converting the booth seats to 8 [bar stools], leaving the standing patrons at 12, and approved the Planning Commission recommendation allowing 4 special events per year, with live entertainment and extended hours of operation. The voting was as follows:

Pepper "aye" Cleveland out of room
Walker "aye" Euille "aye"
Donley "aye" Rich "aye"
Speck "no"

19. STUDY #96-03 -- OLD TOWN OPEN SPACE -- Public Hearing and Consideration of recommendations of the Old Town Open Space Task Force regarding possible changes to the open space regulations in the RM/Residential zone. Staff: Department of Planning and Zoning.

COMMISSION ACTION: Recommend No Change (Proposal #1) 5-2
Recommend No Change (Proposal #2) 4-3

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/14/96, and is incorporated herewith as part of this record by reference.

A copy of the of the Board of Architectural Review minutes pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 12/14/96, and is incorporated herewith as part of this record by reference.

Communications pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 19; 12/14/96, and is incorporated herewith as part of this record by reference.)

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

Larry Robinson, 624 South St. Asaph Street, chairman, Old Town Open Space Task Force, spoke in support;

Charles L. Trozzo, 209 Duke Street, representing the Historic Alexandria Resources Commission, spoke in support;

Carolyn Merck, 324 North Royal Street, representing the Open Space Task Force and herself, spoke in support;

Joseph Lang, 210 North Fairfax Street, spoke in support of Planning Commission recommendation;

Richard Salopek, 110 East Linden Street, vice chair, Parker Gray Board of Architectural Review, spoke against; and

Charles Ablard, 229 South Pitt, member, Task Force on Open Space, spoke in support.)

WHEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Pepper and carried unanimously, City Council upheld the Planning Commission recommendation on Proposal #1, and overturned the Planning Commission recommendation on Proposal #2, and go forward with a text amendment. The voting was as follows:

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

20. 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.

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/14/96, and is incorporated herewith as part of this record by reference.

Copies of communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 20; 12/14/96, and is incorporated herewith as part of this record by reference.)

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

Bernard M. Fagelson, 1733 King Street, attorney representing the applicant, spoke in support;

Patti Miller, 314 East Mason Avenue, spoke against; and

Robert Luther, 435 East Nelson Avenue, spoke against.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Euille and carried unanimously, City Council upheld the recommendation of the Planning Commission and denied the request. The voting was as follows:

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

NOTE: City Council considered Docket Item Nos. 21, 22, and 23 under one motion.

21. MASTER PLAN AMENDMENT #96-0007 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA -- Public Hearing and Consideration of an amendment to the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property to allow an automobile dealership in the CDD #7/Coordinated Development District, Route 1 Properties. Applicant: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 5-0-2

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/14/96, and is incorporated herewith as part of this record by reference.)

22. REZONING #96-0009 -- TEXT AMENDMENT #96-0018 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA -- Public Hearing and Consideration of an amendment to the Potomac West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property to allow an automobile dealership in the CDD #7/Coordinated Development District, Route 1 Properties. Applicant: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 5-0-2

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/14/96, and is incorporated herewith as part of this record by reference.)

23. SPECIAL USE PERMIT #96-0161 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of an automobile sales and service facility; zoned CDD-#7/Coordinated Development District, Route 1 Properties. Applicant: Alexandria Toyota, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/14/96, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support.

Jack Taylor, 1707 Mount Vernon Avenue, applicant, made comments.

General Discussion. Councilman Speck stated for the record because there have been comments that have been made during the course of this particular matter that somehow it was just being passed forward quickly and without consideration. Even though it appears that the approval of this is perfunctory, I would like to know as a matter of record that this has been a subject of extensive review and consultation and staff work. Sometimes when something is being passed of this magnitude with apparently little debate here, it's not because there hasn't been a great deal of debate and work and effort. And the irony, of course, is that some of our smallest projects are the ones that we spend a large amount of time versus these larger projects, but I think that this is one of these large projects that a great deal of the work and the effort to try to deal with some of the questions and details are done in consultation with staff, so that when it gets to this point most of the heavy lifting has already taken place. It certainly did not get perfunctory consideration, I think, by this Council and the Planning Commission.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried unanimously, City Council approved all three items as follows:

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

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

23. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the changes to conditions #3 and #28.

The voting was as follows:

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

New Business Item #1: Cyril D. Calley and Harry P. Hart donated to the City a metal easel for presentations during Council meetings.

At 5:50 p.m., Councilman Euille left the meeting.

24. ENCROACHMENT #96-0007 -- 3321 OLD DOMINION BOULEVARD -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a retaining wall; zoned R-8/Residential. Applicant: Karl F. Steiner.

(A copy of the Planning Commission report dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 12/14/96, 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 by all those present, City Council approved the recommendation of the Planning Commission and denied this request. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

25. VACATION #96-0004 -- 310 PRINCESS STREET -- PRINCESS STREET TOWNHOUSES-- Receipt of Viewers' Report on Vacation of a Public Easement; zoned RM/Residential. Applicant: Fairfax Land Company, by Richard S. Mendelson, attorney. (#22 12/10/96)

(A copy of the Viewers' Report dated December 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/14/96, 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 by all those present, City Council received the Viewers' Report. The voting was as follows:

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

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a public alley right-of-way located between North Fairfax and North Royal Streets and running in a southern direction approximately 83 feet in length from Princess Street, in the City of Alexandria. (#23 12/10/96) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Richard S. Mendelson, 112 South Alfred Street, Suite 300, representing Fairfax Land Company, Inc., spoke in support.)

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3896

AN ORDINANCE to vacate a 12-foot-wide, 83-foot-long ingress-egress easement located at 310 Princess Street, in the City of Alexandria, Virginia.

WHEREAS, Fairfax Land Company, Inc. ("Applicant"), which owns the property at 310 Princess Street, in the City of Alexandria, has applied for the vacation of a 12-foot-wide, 83-foot-long ingress-egress easement which is located on Applicant's property at 310 Princess Street; and

WHEREAS, the 12-foot-wide, 83-foot-long ingress-egress easement to be vacated by this ordinance is shown on the plat prepared by Holland Engineering and dated September 25, 1996 ("Plat") (attached hereto); and

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

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, in consideration of the report of the viewers recommending the vacation and of other evidence relative thereto, the Council of the City of Alexandria has concluded that the area is no longer needed for public use and that it is in the public interest that it be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the hereafter described easement, as shown on the Plat, be and the same hereby is vacated:
Section 2. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 3. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 4. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of FAIRFAX LAND COMPANY, INC., and such recordation shall be done by the Applicant at his own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *



27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria City Code by changing the name of John Tyler Building Election District to the Hermitage Building Election District. (#25 12/10/96) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/14/96, 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 Vice Mayor Pepper, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3897

AN ORDINANCE to amend and reordain subsection (v) (JOHN TYLER BUILDING ELECTION DISTRICT), of Section 2-2-10 (ESTABLISHMENT OF ELECTION DISTRICTS AND VOTING PLACES), of Chapter 2 (ELECTIONS), Title 2 (GENERAL GOVERNMENT) of the Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Subsection (v) of Section 2-2-10 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:

(v) The Hermitage Building Election District shall be bounded and described as follows:
The voting place within the Hermitage Building Election District shall be the Hermitage Building, located at 5000 Fairbanks Avenue.

Section 2. This ordinance shall become effective upon the date and at the time of its final passage; provided, however, that the change in the Election District name herein made shall not be implemented until the change is first submitted to the Attorney General of the United States and no objection is interposed within 60 days of the submission, as required pursuant to Section 5 of the Voting Rights Act of 1965, as amended.

KERRY J. DONLEY
Mayor

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by changing the regulation of fences in secondary front yards on corner properties. (#26 12/10/96) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3898

AN ORDINANCE to amend and reordain Article VII (SUPPLEMENTAL ZONE REGULATIONS) of the City of Alexandria Zoning Ordinance by adding thereto a new Section 7-1700 (FENCES ON CORNER LOTS) (TA No. 96-006).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Article VII of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 7-1700 to read as follows:
[The following is all new language.]

Sec. 7-1700 FENCES ON CORNER LOTS

7-1701 Front yards and secondary front yards. For purposes of this section only, the front yard of a corner lot which contains a building's architectural main entrance shall be considered a front yard and shall occupy the area between the front property line and the main building line. The other front yard on the corner lot shall be considered a secondary front yard and shall, notwithstanding any other provisions of this ordinance save the vision clearance requirements of section 7-800, be subject to the provisions of this section 7-1700 with regard to permitted fences.

7-1702 Fences in secondary front yards

A. Open fences which do not exceed 3-1/2 feet are permitted in any location within a secondary front yard.

B. A fence not exceeding six feet in height may be located in a secondary front yard if it complies with the following:

(1) it is located no closer to the front yard property line than the rear wall of the building structure that adjoins the secondary front yard;

(2) except for cases governed by section 7-1702 (B)(3), it is set back from the edge of the sidewalk or from the property line where there is no sidewalk at least two feet on lots of 25 feet width or less, and three feet on other lots; and


(3) where the secondary front yard is located on a block face on which the adjacent house as well as the majority of the houses face the street, fences over 3-1/2 feet but not exceeding six feet shall be permitted if located no closer to the property line than half the distance between the property line and the building face.

Section 2. That Article VII of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage, and shall apply to all applications for land use or land development approval provided for under the City of Alexandria Zoning Ordinance which on such date are pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of said ordinance.

KERRY J. DONLEY
Mayor

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Old Town Small Area Plan of the 1992 Master Plan for the City of Alexandria by changing the land use designation of the property at 310 and 310A South Columbus from RM/Residential to CD/Commercial Downtown. (#27 12/10/96) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3899

AN ORDINANCE to amend and reordain the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by City Council to such Small Area Plan Chapter as Master Plan Amendment No. 96-006, 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. 96-006, the City of Alexandria Department of Planning and Zoning has proposed to amend the Old Town Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of the property at 310 and 310-A South Columbus Street from RM/Residential Medium to CD/Commercial Downtown;

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing; and

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map, West of Washington Street, Map 26, and the Zoning Map, West of Washington Street, Map 33, of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria be, and the same hereby are, amended to change the land use and zoning designations for the property at 310 and 310-A South Columbus Street (Tax Map and Zoning Map Parcel Nos. 74.04-02-22.01 and 74.04-02-23), from RM/Residential Medium to CD/Commercial Downtown.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendment, as part of the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria.

Section 3. That the Old Town Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria.

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.

KERRY J. DONLEY
Mayor

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by changing the zoning designation of the properties at 310 and 310A South Columbus Street from RM/Residential to CD/Commercial Downtown. (#28 12/10/96) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3900

AN ORDINANCE to amend and reordain Sheet No. 74.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the property at 310 and 310-A South Columbus Street (ZONING MAP AND TAX MAP PARCEL NOS. 74.04-02-22.01 AND 74.04-02-23) from RM/Townhouse Zone to CD/Commercial Downtown Zone (RZ No. 96-007).

WHEREAS, the City of Alexandria Department of Planning and Zoning has proposed to change the zoning classification established by the Official Zoning Map for the property known as 310 and 310-A South Columbus Street (Zoning Map and Tax Map Parcel Nos. 74.04-02-22.01 and 74.04-02-23) from RM/Townhouse Zone to CD/Commercial Downtown Zone; and

WHEREAS, the said rezoning is consistent with the 1992 Master Plan for the City of Alexandria, Virginia, as amended; and

WHEREAS, all requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 74.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

FROM: RM/Townhouse Zone
TO: CD/Commercial Downtown Zone

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 74.04 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective on the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment: Plat

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

Insert Plat


31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance by providing for a new procedure for special exceptions to be issued by the board of zoning appeals. (#29 12/10/96) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3901

AN ORDINANCE to amend and reordain Division C (BOARD OF ZONING APPEALS) of Article XI (DEVELOPMENT APPROVAL AND PROCEDURES) of the City of Alexandria Zoning Ordinance by adding thereto a new Section 11-1300 (SPECIAL EXCEPTION) (TA No. 96-016).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Division C of Article XI of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 11-1300 to read as follows:
[The following is all new language]

Sec. 11-1300 SPECIAL EXCEPTION.

11-1301 Authority. The Board of Zoning Appeals is authorized to review applications for those special exceptions established by this Section 11-1300.

11-1302 Special exception established. A lot in a single family, two family or townhouse zone may be the subject of a special exception from the following zoning requirements pursuant to this Section 11-1300:

(A) fences on corner lots.

11-1303 Procedures for special exception.

(A) Application. Any person owning, or having an interest in property and the consent of the owner, may file an application for a special exception in regard to such property with the director. The application shall contain the following information and such additional information as the Board of Zoning Appeals may, by rule, require:

1. Ten copies of a plot plan drawn to scale clearly showing the requested special exception(s), the property involved, existing and proposed buildings or additions, property lines, and the location of and distance to adjacent buildings from the proposed building or addition.

2. The particular provisions or requirements of this ordinance which prevent the proposed construction on, or proposed use of, the property.

3. The existing zoning classification of the property.

4. The special conditions, circumstances or characteristics of the land, building or structure that prevent the use of the land in compliance with the requirements of this ordinance and a statement as to whether such conditions existed at the time the current owner acquired the property.

5. An explanation of how the requested special exception conforms to each of the standards set out in Section 11-1304 below.

(B) Staff review and report. The director shall review the application and determine that it contains the required information; shall review the merits of the application; shall prepare a staff report indicating its findings; and shall forward the report to the Board of Zoning Appeals.

(C) Docketing and notice. At the time the director determines that the application is complete, he shall docket the matter for public hearing before the Board of Zoning Appeals for a date to occur no later than 30 working days from the date of such determination.

(D) Public hearing by Board of Zoning Appeals. The Board of Zoning Appeals shall conduct a public hearing on the application for a special exception and approve, deny or approve the application with conditions. The decision of the Board shall state the reasons therefor.

(E) Withdrawal of Application. An application for a special exception may not be withdrawn by the applicant without the consent of the Board after it has been docketed for public hearing.

11-1304 Standards for special exception. In order to grant an application for a special exception under this Section 11-1300, the Board must find that the strict application of the ordinance creates an unreasonable burden on the use and enjoyment of the property which outweighs the material zoning purpose for which the specific provision of the ordinance at issue was designed. In making its determination, the Board shall consider and weigh the following issues, as applicable.

(A) Whether approval of the special exception will be detrimental to the public welfare, to the neighborhood or to adjacent properties.

(B) Whether approval of the special exception will impair an adequate supply of light or air to adjacent property, or cause or substantially increase traffic congestion or increase the danger of fire or the spread of fire, or endanger the public safety.

(C) Whether approval of the special exception will alter the essential character of the area or the zone.

(D) Whether the proposal will be compatible with development in the surrounding neighborhood.

(E) Whether the proposed development represents the only reasonable means and location on the lot to accommodate the proposed structure given the natural constraints of the lot or the existing development of the lot.

(F) In the case of fences, whether the size, configuration or other unusual characteristic of the lot requires an exception from the zoning requirements in order to provide a reasonable fenced area without creating significant harm to adjacent properties or the neighborhood.

11-1305 Conditions and restrictions. Conditions and restrictions may be imposed on the premises benefited by a special exception as may be necessary to reduce, minimize, or mitigate the effect of the special exception upon other property in the neighborhood and better to carry out the general intent of the zoning ordinance. A guarantee or a bond may be required of the applicant to ensure that the conditions imposed are being and will be complied with. Failure to comply with any such conditions or restrictions shall constitute a violation of this ordinance and cause to revoke the permit, after notice and hearing is had.

11-1306 Burden on Applicant. The applicant for a special exception shall bear the burden of producing evidence establishing that the requested special exception satisfies the standards set out in Section 11-1304.

11-1307 Special exception not authorized. A special exception otherwise available under this section shall not be approved where the same relief was, is or may be available from the Planning Commission, Board of Architectural Review or City Council as part of its review of a site plan or other development application and such relief was either not granted or not sought.

11-1308 Reconsideration. If an applicant for a special exception is denied, a subsequent application for the same relief on the same site shall not be considered again for one year unless the new application differs in a substantial and material way from the old one, in which case it may be reconsidered after six months.

Section 2. That Division C of Article XI of the City of Alexandria Zoning Ordinance be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way, for an awning and outdoor seating, at 1508 Mount Vernon Avenue, in the City of Alexandria. (#30 12/10/96) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3902

AN ORDINANCE authorizing the lessee of the property at 1508 Mount Vernon Avenue to establish and maintain an encroachment into the public street right-of-way of Mount Vernon Avenue, in the City of Alexandria, Virginia.

WHEREAS, Meatloaf Management, Inc., is the owner of the property located at 1508 Mount Vernon Avenue in the City of Alexandria, Virginia; and

WHEREAS, Mancini's Inc. ("Applicant") leases the building located 1508 Mount Vernon Avenue from Meatloaf Management, Inc.; and

WHEREAS, Applicant desires to establish and maintain a space for outdoor restaurant seating and to maintain an awning, both of which will encroach into the public street right-of-way at 1508 Mount Vernon Avenue; and

WHEREAS, the public street right-of-way at that point on 1508 Mount Vernon Avenue will not be significantly impaired by this encroachment; and

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

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

Section 1. That Applicant, and only the Applicant, be, and the same hereby is, authorized to establish and maintain an encroachment into the public street right-of-way at 1508 Mount Vernon Avenue, said encroachment consisting of an area for outdoor restaurant seating and an awning, which area may extend approximately four feet in width and 26 feet in length, and which awning may extend approximately five feet in width and 40 feet in length, into the public street right-of-way at 1508 Mount Vernon Avenue, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroach-ment shall not be construed to relieve Applicant or the owner of the property at 1508 Mr. Vernon Avenue of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall at all times be subject to the following conditions: (a) that a minimum pedestrian pathway of five feet be maintained at all times on Mount Vernon Avenue; (b) that the proposed awning have a minimum vertical clearance of seven feet between its lowest point and the sidewalk; and (c) that food being served in the outdoor seating area be protected to the point of service, and openings to such area be protected against the entrance of rodents and insects by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, vestibules or other means.

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Applicant maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate

Property Damage: $1,000,00 each occurrence
$1,000,000 aggregate

This liability insurance policy shall identify the City of Alexandria and Applicant as named insureds and shall provide for the indemnification of the City of Alexandria and Applicant against any and all loss occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Applicant or the owner of the property at 1508 Mt. Vernon Avenue shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Applicant and owner. Nothing in this section shall relieve Applicant of its obligations and undertakings required under this ordinance.

Section 4. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Applicant and the owner of the property at 1508 Mt. Vernon Avenue shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 5. That the authorization herein granted to establish and maintain the encroachment shall be subject to Applicant's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

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

Section 7. That Applicant shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 8. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Applicant the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Applicant without cost to the city. If Applicant cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Applicant, and shall not be liable to Applicant or to the owner of the property at 1508 Mt. Vernon Avenue for any loss or damage to that property caused by the removal.

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

KERRY J. DONLEY
Mayor


Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make technical changes to Ordinance No. 3881, which vacated various rights-of-way located south of Duke Street and west of South Henry Street, to conform the vacated areas to the areas described in certain plats of vacation. (#31 12/10/96) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated December 3, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 12/14/96, 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 Cleveland, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance on its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3903

AN ORDINANCE to amend and reordain Ordinance No. 3881, which vacated a portion of the public right-of-way of South Payne Street, a portion of the public right-of-way of Wolfe Street, and a portion of the public right-of-way of South West Street, lying south of Duke Street and west of Henry Street in the City of Alexandria, Virginia.

WHEREAS, Eakin Youngentob Associates, Inc. ("Applicant"), the contract purchaser for the Norfolk Southern Corporation property in the vicinity of Duke and Henry Streets in the City of Alexandria has applied for the vacation of portions of the public rights-of-way of South Payne Street, Wolfe Street and South West Street, all located south of Duke Street and west of Henry Street and within the property that the Applicant is under contract to purchase; and

WHEREAS, the vacation of the portions of the public rights-of-way to be vacated by this ordinance have been approved by the Planning Commission of the City of Alexandria at one of its regular meetings; and

WHEREAS, the procedures required by law, including the publication of notice in a newspaper of general circulation in the City of Alexandria, have been followed in conjunction with this vacation; and

WHEREAS, viewers duly appointed by the Council of the City of Alexandria, have made their report in conjunction with this vacation; and

WHEREAS, in return for the vacation of the portion of South Payne Street, the Applicant is being required to convey to the City of Alexandria a 50-foot wide section of approximately 18,573.5 square feet of the right-of-way of Wolfe Street, running west of South West Street to the Carlyle site, and the Applicant has consented to do so; and

WHEREAS, the city's real estate assessor has determined that the fair market value of the portions of Wolfe and South West Streets to be vacated by this ordinance is $500.00; and

WHEREAS, pursuant to § 15.1-366 of the Code of Virginia (1950), as amended, the City of Alexandria has required that the portions of Wolfe and South West Streets to be vacated by this ordinance be purchased by the Applicant for $500.00, and the Applicant has consented to pay such sum; and

WHEREAS, this vacation was approved by Ordinance No. 3881, adopted June 25, 1996; and

WHEREAS, subsequent to the adoption of said Ordinance, the Applicant conducted a new survey of the property and discovered that the plats describing the portions of the public rights-of-way to be vacated and incorporated in the Ordinance contained minor and immaterial errors in the recordation of the rights-of-way to be vacated; and

WHEREAS, the portions of the public rights-of-way to be vacated are correctly shown on three revised vacation plats prepared by Bowman Consulting Group, each dated September 10, 1996 ("Revised Plats") (attached hereto); and

WHEREAS, the Revised Plats describe a 21,266 square foot portion of the public right-of-way of South Payne Street, a 41,122 square foot portion of the public right-of-way of Wolfe Street, and a 11,632 square foot portion of the public right-of-way of South West Street to be vacated; and

WHEREAS, Ordinance No. 3881 should be amended to correct the description of the public rights-of-way to be vacated, and, as so amended, should be reordained; and

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and the above requirements, the Council of the City of Alexandria has concluded that the portions of the public rights-of-way of South Payne Street, Wolfe Street and South West Street as shown on the Revised Plats are no longer needed for public use, and that it is in the public interest that they be vacated; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the portions of the public rights-of-way of South Payne Street, Wolfe Street and South West Street, that are shown on the Revised Plats as being vacated, be, and the same hereby are, vacated.

Section 2. That the vacation of the portions of Wolfe Street and South West Street that are shown on the Revised Plats as being vacated is subject to the Applicant complying with the requirement that it pay the City of Alexandria the sum of $500.00.

Section 3. That the vacation of the portion of the public right-of-way of South Payne Street that is shown on the Revised Plats as being vacated is subject to the Applicant complying with the requirement that it convey to the City of Alexandria, in a manner acceptable to the city attorney, a 50-foot wide section of approximately 18,573.5 square feet of the right-of-way of Wolfe Street, running west of South West Street to the Carlyle site.

Section 4. That no recordation of this ordinance shall have any force or effect unless and until the treasurer of the city has received the payment referenced in Section 2 and the city has received a deed making the conveyance referenced in Section 3, and the receipt of such payment and deed are acknowledged by the city clerk as demonstrated by her certification of the ordinance pursuant to Section 7.

Section 5. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 6. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 7. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the requirements set out in Sections 2 and 3 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the requirements set out in Sections 2 and 3 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of EAKIN YOUNGENTOB, and such recordation shall be done by the Applicant at his own expense.

KERRY J. DONLEY
Mayor

Attachment: Revised Vacation Plats

Introduction: 12/10/96
First Reading: 12/10/96
Publication: 12/11/96; 12/12/96
Public Hearing: 12/14/96
Second Reading: 12/14/96
Final Passage: 12/14/96
* * * * *

Insert Plat

Insert Plat

Insert Plat







REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR (34 -39)

Planning Commission (continued)

34. SPECIAL USE PERMIT #96-0154 -- 602 SOUTH HENRY STREET --Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned RB/Residential. Applicant: Cynthia R. Watkins.

35. 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

36. MASTER PLAN AMENDMENT #96-0008 -- 1107, 1109, 1111 PRINCESS STREET -- HABITAT FOR HUMANITY -- Public Hearing and Consideration of an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of the subject property from CL/Commercial Low to RB/Residential. Applicant: Habitat for Humanity of Northern Virginia.

COMMISSION ACTION: Deferred; Improper Notice

37. REZONING #96-0011 -- 1107, 1109, 1111 PRINCESS STREET -- HABITAT FOR HUMANITY -- Public Hearing and Consideration of an amendment to change the zoning designation of the subject property from CL/Commercial Low to RB/Residential. Applicant: Habitat for Humanity of Northern Virginia.

COMMISSION ACTION: Deferred; Improper Notice

38. SPECIAL USE PERMIT #96-0160 -- 310 NORTH FAIRFAX STREET -- FAIRFAX ROW TOWNHOUSES -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a residential townhouse development. A special use permit is requested for outlot development and a temporary sales trailer. Modifications to open space and yards are requested; zoned CD/Commercial Downtown. Applicant: A & A Limited Partnership, by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred 6-1

39. SPECIAL USE PERMIT #96-0173 -- 1500 KING STREET, UNITS 104 & 105 -- TINY TOTS DAY CARE -- Public Hearing and Consideration of a request for an amendment to a special use permit to increase the number of children permitted for a child care center; zoned OCH/Office Commercial High. Applicant: K & L, LLC, by Yvonne D. Weight, attorney.

COMMISSION ACTION: Deferred; Applicant's Request

END OF DEFERRAL/WITHDRAWAL ACTION CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Vice Mayor Pepper and carried unanimously, at 6:00 p.m., the Public Hearing Meeting for Saturday, December 14, 1996, was adjourned. The voting was as follows:

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

APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR




______________________________________________
Beverly I. Jett, CMC City Clerk




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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