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Public Hearing Meeting
Saturday, April 12, 1997 - - 9:30 a.m.


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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. Steele, Deputy City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Smith, Urban Planner, Planning and Zoning; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Mr. Sanderson, Director of Real Estate Assessments; Ms. Davis, Director of Housing; Fire Chief Hawkins; and Lieutenant Hazel, Police Department.

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

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

2. Public Discussion Period.

(a) Charles Trozzo, 209 Duke Street, spoke to the Woodrow Wilson Bridge replacement project and expressed concern to protect the historic district; a copy of Mr. Trozzo's statement is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (a); 4/12/97, and is incorporated herewith as part of this record by reference;

(b) Hollis Wickman, 822 Green Street, representing Hunting Creek Citizen Association, spoke to the Woodrow Wilson Bridge replacement project and stated that the Church Street exit should be eliminated.

(c) John Chapman Gager spoke.









REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 8)

Planning Commission

WITHOUT OBJECTION, City Council withdrew Docket Item Nos. 3 and 6 from the consent calendar and considered them under separate motions.

4. SPECIAL USE PERMIT #97-0023 -- 2111 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit to change the ownership, extend the hours of operation and physically expand an existing restaurant; zoned OCM-100/Office Commercial Medium. Applicant: 2111 Eisenhower Avenue Limited Partnership, by Donald F. Simpson, Sr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/12/97, and is incorporated herewith as part of this record by reference.)

5. ENCROACHMENT #97-0002 -- 515 NORTH WASHINGTON STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a gate and screening of a transformer; zoned OC/Office Commercial. Applicant: International Association of Chiefs of Police, by Louis B. Rodenberg, Jr.

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/12/97, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #97-0015 -- 110 SOUTH FLOYD STREET -- LINDSAY CADILLAC -- Public Hearing and Consideration of a review of a special use permit for a general automobile repair garage and vehicle storage lot; zoned I/Industrial. Applicant: Lindsay Cadillac Company, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/12/97, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #97-0005 -- 714 KING STREET -- LAS TAPAS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit amendment for a restaurant to add a full-service bar, increase the seating and extend the hours of operation; zoned CD/Commercial Downtown. Applicant: EPS, Inc., t/a Las Tapas.



(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/12/97, 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 Cleveland and carried unanimously, City Council approved the Consent Calendar with the exception of Docket Item Nos. 3 and 6 which were considered under separate motions. The Planning Commission recommendations are as follows:

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

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

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 and the amended Condition #22.

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 and the amended Conditions #2 and #4.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

3. SPECIAL USE PERMIT #97-0022 -- 3680 KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (ice cream shop). Maggie Moo's International, LLC, by Richard J. Sharoff.
(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/12/97, and is incorporated herewith as part of this record by reference.)

Councilman Speck directed questions to Transportation and Environmental Services Director O'Kane with respect to the traffic pattern of the Bradlee Shopping Center. Mayor Donley stated that there is a definite problem with ingress and egress in the front of the shopping center. Council Member Walker spoke to a multi-modal solution because pedestrians certainly have a problem getting access to the center.

Mr. O'Kane will talk with the State with respect to the issues raised.

WHEREUPON, upon motion by Councilman Speck, 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. The voting was as follows:

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

6. SPECIAL USE PERMIT #97-0003 -- 316 SOUTH ROYAL STREET -- OLD PRESBYTERIAN MEETING HOUSE -- Public Hearing and Consideration of a request for a special use permit to extend the hours of operation of a nursery school; zoned RM/Residential. Applicant: Meeting House Cooperative Preschool, by Jeanne E. Porter.

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/12/97, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to the clarification of Condition No. 3 pertaining to hours of operation.

WHEREUPON, upon motion by Councilman Speck, 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 clarification of the hours of the amended Condition #3, which condition now reads as follows: "3. The child care center shall be permitted to operate between 9:00 a.m. to 1:30 p.m., Monday through Friday, September through May." The voting was as follows:

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

WITHOUT OBJECTION, with respect to Docket Item No. 7, which was passed under the Consent Calendar, City Council permitted Lisa Warner, 3934 Vermont Avenue, to express her concerns regarding paint fumes.

Howard Middleton, 510 King Street, attorney representing the applicant, summarized the discussion at the Planning Commission meeting on April 1, indicating that the applicant has agreed to move the vents for the facility which were nearest to the residential community and moved them to the area nearest the industrial community on Wheeler Avenue, and secondly, to place new filters on those vents. He spoke to his attached letter to the report indicating that when the facility was inspected following implementation of the changes, one of the neighbors did agree that it was not coming from the Lindsay facility. He also indicated that there is a six-month review.

Vice Mayor Pepper suggested that there be some staff follow-up with respect to another source for the paint fumes.
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9. SPECIAL USE PERMIT #96-0175 -- 227 NORTH HENRY STREET--ALEXANDRIA LODGE, IBPOEW -- Public Hearing and Consideration of a request for a special use permit to operate a fraternal club; zoned CL/Commercial Low. Applicant: Alexandria Lodge No. 48, IBPOEW, by Donald L. Taylor. (#12 2/22/97)

COMMISSION ACTION: Recommend Approval 7-0

NOTE: The applicant has submitted a letter to withdraw this special use permit application; however, since it was previously deferred by City Council, and advertised, it was necessary to docket the matter.

(A copy of the Planning Commission report dated February 4, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/12/97, and is incorporated herewith as part of this record by reference.

A copy of a letter dated March 19, 1997, from the applicant, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 4/12/97, and is incorporated herewith as part of this record by reference.)

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

At this point, City Council considered Docket Item Nos. 11, 12, and 13.

Board of Architectural Review

11. Public Hearing and Consideration of an Appeal of a Decision of the Board of Architectural Review, Old and Historic Alexandria District, on March 5, 1997, Denying a Permit to Install an Automatic Teller Machine with Canopy at 118 King Street, Zoned CD Commercial. APPLICANT AND APPELLANT: Bank of Alexandria, by Harry P. Hart, attorney. [CASE BAR 96-0226]

(A copy of the Board of Architectural Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/12/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated March 19, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 4/12/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley stated, that due to the nature of his employment with Crestar Bank, and the fact that his particular place of business is located in the Old and Historic District, that he will recuse himself from participating in this particular item.

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

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

Richard Wieboldt, 100 West Jefferson Street, Falls Church, VA, architect representing the appellant, spoke to the architectural rendering with respect to the recessment of the automatic teller machine;

Members of Council directed questions to Planning and Zoning Director Lynn and Board of Architectural Review Staff Member Smith. Attorney Hart also participated in the discussion.

John Hynan, 405 South Fairfax Street, representing Old Town Civic Association, urged that this item be deferred until the new policy is adopted or referred back to the Board of Architectural Review to take another look at the new proposal presented this morning; or otherwise, urged the denial of this appeal;

Edward Luckett, 420 North Alfred Street, representing the Old and Historic Alexandria District, spoke against the appeal, and suggested that the automatic teller machine be placed in the alcove of the building; a copy of the sketch handed out by Board Member Luckett is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item; and

John Chapman Gager spoke on this item.

WHEREUPON, a motion was made by Councilman Euille, seconded by Councilman Speck that City Council approve the application request as presented by the applicant to install an ATM machine at 118 King Street, and grant the appeal.

THEREUPON, a substitute motion was made by Council Member Rich that Council defer this until after the task force makes its report; which motion FAILED for lack of a second.

Councilman Speck noted that because Council just received the new elevations yesterday and they are not in full detail, he would like to make sure that staff has a final look at them in complete detail to be certain that they are consistent with all of the architectural detailing; a copy of the architectural drawing dated 4/10/97, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item.

Attorney Hart agreed to this.

WHEREUPON, Council returned to the original motion made by Councilman Euille, seconded by Councilman Speck and carried on a vote of 4-to-1, City Council approved the application request as presented by the applicant to install an ATM machine at 118 King Street, and granted the appeal. The voting was as follows:

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








Planning Commission (continued)

12. SPECIAL USE PERMIT #97-0024 -- 218 EAST MONROE AVENUE -- SAINT PAUL'S CHURCH -- Public Hearing and Consideration of a request for a special use permit to expand a day nursery; zoned R-2-5/Residential. Applicant: Zadie M. Hudson.

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/12/97, and is incorporated herewith as part of this record by reference.)

Vice Mayor Pepper asked questions of the applicant regarding the fenced area where the children play.

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

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

13. SPECIAL USE PERMIT #97-0017 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Public Hearing and Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora; Duke Street Mobil.

(A copy of the Planning Commission report dated April 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/12/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated April 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 4/12/97, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 222 Green Street, attorney representing the applicant, spoke against the Planning Commission recommendation, and requested that this item be deferred until the May 17, 1997 Public Hearing Meeting.

Mayor Donley requested that they work closely with the staff so that the applicant understands what is required.





WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Pepper and carried on a vote of 6-to-0, City Council deferred this item to the May 17, 1997 Public Hearing Meeting. The voting was as follows:

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

At this time, City Council considered Docket Item No. 10.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing and Consideration of a Staff Report on Proposal for Strict Enforcement of the City's Fair Share Policy (Revised Version of Previous Proposed Housing Moratorium). (Council Member Rich) (#14 3/11/97)

(A copy of the City Manager's memorandum dated March 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/12/97, 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. 10; 4/12/97, and is incorporated herewith as part of this record by reference.)

Council Member Rich spoke to the item and its purpose. It is about fair share in the area and the concentration of special needs housing in certain areas most heavily impacted. He asked those who participate in this discussion how we, as a community, can achieve a balanced integrated community.

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

William Noonan, 5333 Truman Avenue, president, ALIVE, spoke against this proposal; a copy of Mr. Noonan's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Charles Cox, 2464 Garnett Drive, representing the Commission on Aging, spoke against;

David Parker, 100 North Washington Street, #234, Falls Church, VA, representing ARC of Northern Virginia, spoke against; a copy of Mr. Parker's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

James F. Dullea, 3916 Terry Place, president, Arlington-Alexandria Coalition For the Homeless, Inc., spoke against strict enforcement or revision of the City's Fair Share Policy; a copy of Mr. Dullea's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Debbie Stroud, 608 North Pelham Street, client, Arlington-Alexandria Coalition for the Homeless, Inc., spoke against;

Juliette Johnson, 4241-B Duke Street, Apt. B-6, client, Arlington-Alexandria Coalition for the Homeless, Inc., spoke against;

Gerald Turner, 710 North Patrick Street, client, Arlington-Alexandria Coalition for the Homeless, Inc., spoke against;

Victor Glasberg, 6 East Alexandria Avenue, commended Mr. Rich who has asked the right questions, but how do you address the problems;

Gerry Doon, 720 North Saint Asaph Street, chair, Alexandria Community Services Board, spoke in opposition and is willing to work with Council and other concerned groups to solve the City's housing needs; a copy of Ms. Doon's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

Loyd LaMois, 15 West Uhler Avenue, expressed problems with the proposal; a copy of Mr. LaMois' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;

Terence McCarthy, 228 South Pitt Street, representing Community Lodgings, spoke against;

Paul Heimer, 717 Timberbranch Drive, representing himself, the Northern Virginia Coalition for the Homeless, and the Virginia Coalition, spoke against;

Jeremy Flachs, 1521 Oronoco Street, chair, Alexandria Affordable Housing Advisory Committee, spoke against; a copy of Mr. Flach's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of this item;

Susan Thompson, 902 Peele Place, housing advocate, spoke against;

Nancy LaValle, 300 North Washington Street, Executive Director, United Way, spoke against;

Eunice Fiorito, 205 Yoakum Parkway, #1226, vice chair, Alexandria Commission on Persons with Disabilities, spoke against; a copy of Ms. Fiorito's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 9 of this item;

Robert Krupicka, 418 East Nelson Avenue, vice chair, Community Services Board, expressed deep concern about the over concentration issue and concurred with the statement of the chair of the Community Services Board;

Carol Van Horn, 1102 West Abingdon Drive, spoke in support and agreed that there should be a task force with a balance;

Jeffrey Willis, 502 East Bellefonte Avenue, president, Del Ray Citizens Association, spoke in support; a copy of Mr. Willis' memorandum dated April 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 10 of this item;

Members of Council participated in a dialogue with Mr. Willis.

Anne Murphy, 802 North Henry Street, representing Carpenter's Shelter, spoke in opposition;


C. Peter Schumaier, 428 South Lee Street, spoke in support of the moratorium; a copy of Mr. Schumaier's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 11 of this item;

Herb Cooper Levy, 125 Harvard Street, spoke against;

Maxine M. Clark, 29 West Reed Avenue, representing Hume Springs Citizens Association, spoke in support;

David Fromm, 2307 East Randolph Avenue, spoke in support of the proposal; a copy of Mr. Fromm's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 12 of this item;

David Congour, 513 East Windsor Avenue, spoke in support;

Karen Helbrecht, 419 East Windsor Avenue, spoke in support;

Carlisle S. Bean, 4220 Peachtree Place, representing the Alexandria Commission on Persons with Disabilities, spoke against;

Miriam Wiener, 2517 King Street, representing AMI-NV, spoke in opposition to any moratorium;

Melvin Bergheim, 4905 Maury Lane, stated that Council Member Rich asked the right questions but has the wrong answers, spoke in support of Fair Share, but against a moratorium;

Mike Oliver, 3113 Circle Hill Road, spoke against.

The public hearing was concluded.

Councilman Speck requested staff to provide the percentage of housing in the City that is currently rental. Mayor Donley also requested staff, if it is possible, to let Council know if the same phenomena [reduction in rental units due to condo conversions] occurred in neighboring jurisdictions.

Vice Mayor Pepper requested that a number of the groups who testified today be a part of the Task Force.

Councilman Speck requested staff to arrange to bring together whomever it deems appropriate to have a training session for him on Section 8 housing. He would like to be more informed on this issue.

Councilman Speck requested some thought, either in conjunction with the Task Force or as some staff analysis, about whether Housing Trust Funds could be used as a supplement to acquisition, and, if so, in what form and under what parameters would it be done.

Council Member Walker added to Councilman Speck's request either Housing Trust Funds or some other financing mechanism.

City Manager Lawson stated that we heard about two issues today, one is over concentration of housing, and the other is affordability of housing. The City wrote several times to HUD and at the urging of Lynhaven, Hume Springs and Del Ray, the City went over to meet with HUD officials about the impacts the people in Lynhaven, in Hume Springs, and Del Ray felt they were having on their neighborhoods. Unfortunately, we were turned down. We have a new Secretary of HUD now. Some of the early indications are that he may be flexible. So, that is another thought, perhaps staff could talk to the Task Force about that some time in the future about going over to talk to HUD again. She suggested that Congressman Moran may be interested in participating. With regard to affordability, she stated, included in the scope of what the task force might look at is, with regard to affordability, to make greater use of apartments and condos with regard to special needs housing. This is another way of addressing serving these needs without necessarily having to buy an expensive single-family home. We could look at a number of alternatives to serving needs perhaps in more non-traditional ways.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council (1) reaffirmed the existing Fair Share Policy and consider it as a factor in decisions on a case by case basis; (2) deferred any further action on the proposal until the last meeting in June; and (3) requested staff to come back with a proposed task force [to be composed of a balance of advocates and residents, as well as Council representatives to the Human Services Subcommittee, namely, Councilman Euille and Council Member Rich] to address several questions: (a) achieving a balanced integrated City; (b) avoiding further concentrations within the City; and (c) reviewing the Five-year Housing Plan. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

14. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public sidewalk right-of-way at 808 Russell Road for a fence and wall. (#20 4/8/97) [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 unanimous ROLL-CALL vote, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:



ORDINANCE NO. 3921

AN ORDINANCE authorizing the property at 808 Russell Road to encroach into the public right-of-way at 808 Russell Road and West Myrtle Street, in the City of Alexandria, Virginia.

WHEREAS, Thor and Jane Lassen ("Owner") are the owners of the residential property located at 808 Russell Road in the City of Alexandria, Virginia; and

WHEREAS, Owner desires to establish and maintain an existing brick retaining wall and a new wooden fence, all of which wall and a portion of which fence will encroach into the public right-of-way at 808 Russell Road and West Myrtle Street; and

WHEREAS, the public right-of-way at that point on 808 Russell Road and West Myrtle Street will not be significantly impaired by this encroachment; and

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

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

Section 1. That the Owner be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 808 Russell Road and West Myrtle Street in the City of Alexandria, said encroachment consisting of (a) an existing brick retaining wall, a 49.5 foot long portion of which encroaches 1.2 feet onto the public right-of-way along Russell Road and a 56 foot long portion of which encroaches 2.0 feet onto the public right-of-way along West Myrtle Street, and (b) a wooden fence to be constructed on top of the existing brick retaining wall along West Myrtle Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner obtaining and 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: $1,000,000 each occurrence
$1,000,000 aggregate


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

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

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

Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed within 60 days of notification by the city, and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.

Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 4/8/97
First Reading: 4/8/97
Publication: 4/9/97; 4/10/97
Public Hearing: 4/12/97
Second Reading: 4/12/97
Final Passage: 4/12/97
* * * * *

15. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to expand the membership of the Waterfront Committee to 14 members. (#21 4/8/97) [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 Councilman Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3922

AN ORDINANCE to amend and reordain Section 2-4-52 (COMPOSITION), of Article E (ALEXANDRIA WATERFRONT COMMITTEE), Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), 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 Section 2-4-52 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 2-4-52 Composition.

The committee shall consist of 14 members appointed by city council. The composition of the committee shall be as follows:

(a) one representative from the Alexandria City Council;

(b) one representative from the Alexandria Convention and Visitors Association;

(c) one representative from the Alexandria Parks and Recreation Commission;

(d) one citizen representative from the Old Town Civic Association;

(e) one citizen representative from the Founders' Park Community Association;

(f) one citizen representative who resides east of Washington Street and south of King Street;

(g) one citizen representative who resides east of Washington Street and north of King Street;

(h) one representative from the Old Town Business Association;

(i) one representative from the Alexandria Chamber of Commerce;

(j) one representative from the owners of pleasure boats leasing space at the Alexandria Marina;

(k) one representative from the Alexandria Archaeological Commission;

(l) one representative from the Alexandria Environmental Policy Commission;

(m) one representative from the Alexandria Seaport Foundation; and

(n) one at-large citizen representative other than from any group or area listed above.

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

KERRY J. DONLEY
Mayor

Introduction: 4/8/97
First Reading: 4/8/97
Publication: 4/9/97; 4/10/97
Public Hearing: 4/12/97
Second Reading: 4/12/97
Final Passage: 4/12/97
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16. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria Zoning Ordinance in the following manner: (i) to revise certain regulations applicable to coordinated districts and the process for obtaining CDD special use permits; (ii) to revise the regulations applicable to height limits in the King Street Height District; (iii) to state the factors to be considered by the director of planning and zoning and the director of transportation and environmental services when determining the scope of traffic impact studies to be submitted with applications for transportation management plan special use permits; (iv) to eliminate the requirement that a separate special use permit be obtained for certain temporary trailers or for tandem and reduced-size parking spaces when these features are shown as part of the site plan or special use permit application for a single-family, two-family or townhouse development project; and (v) to permit roof eaves that project 12 inches or less to encroach into a required yard. (#22 4/8/97) [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 Councilman Cleveland and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3923

AN ORDINANCE to amend and reordain Section 5-603 (APPROVAL PROCESS GENERALLY), Section 5-604 (CONCEPTUAL DESIGN PLAN APPROVAL), and Section 5-607 (SPECIAL PROCEDURES WHERE DISTRICT NOT IN COMMON OWNERSHIP OR CONTROL) under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICT) of Article V (MIXED USE ZONES), Section 6-405 (ADDITIONAL REGULATIONS FOR THE KING STREET METRO STATION HEIGHT DISTRICT) under Section 6-400 (HEIGHT DISTRICTS), of Article VI (SPECIAL AND OVERLAY ZONES), Section 7-202 (PERMITTED OBSTRUCTIONS) under Section 7-200 (PERMITTED STRUCTURES IN REQUIRED YARDS), of Article VII (SUPPLEMENTAL ZONE REGULATIONS), Section 11-500 (SPECIAL USE PERMITS) by adding thereto a new Section 11-512 (SEPARATE PERMIT NOT REQUIRED), and Section 11-705 (CONTENTS OF APPLICATION) under Section 11-700 (TRANSPORTATION MANAGEMENT SPECIAL USE PERMITS), of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES), all of the City of Alexandria Zoning Ordinance (TEXT AMENDMENT Nos. 96-15, 96-15B, 97-01 and 97-02).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph 5-603(A)(1) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(1) A conceptual design plan shall be submitted for the entire district. Such plan shall be considered by the planning commission and a recommendation thereon made to the city council. Approval of such plan by the city council shall authorize the submission of a preliminary development plan in substantial conformity with the approved conceptual design plan for review as specified in section 5-605(J), but shall not confer any right or entitlement to approvals thereof, to otherwise proceed with development, or to the continued application of the law existing at the time of conceptual design plan approval. The right to use and develop the property pursuant to the underlying zoning shall continue for any portion of the site which is covered by an approved conceptual design plan but for which a preliminary development plan is not yet approved, provided that any development is undertaken in a manner consistent with the site plan requirements of section 11-400 and does not preclude development consistent with the conceptual design plan.

Section 2. That subsection 5-603(C) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(C) No fewer than 45 days prior to submitting an application for approval of a conceptual design plan or a combined conceptual design plan and preliminary development plan, each applicant shall meet with the director and the director of transportation and environmental services and discuss such applicant's intentions with respect to a proposed development and the requirements of this section 5-600. No matters discussed at such meeting shall be binding on either the applicant or the city. The purpose of the preapplication conference is to provide staff input in the formative stages of the development project.

Section 3. That subsection 5-604(C) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto new paragraphs (14) and (15) to read as follows:

(14) A map identifying the general location of all marine clay soils.

(15) A map identifying the general location of areas with probability of contaminated soil and/or groundwater based on a Phase 1 Environmental Assessment or equivalent information.

Section 4. That subsection 5-607(A) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(A) If any district on June 24, 1992 is not in common ownership or control, or thereafter becomes not in common ownership or control by virtue of any involuntary transfer or sale, the owner of record of a portion of the district may apply for approval under this section 5-600, in conformity with the master plan guidelines for the district pertaining to the entire portion of the district under the control of such owner, notwithstanding that the application pertains only to such portion of the district. Such application shall consist of a certification which demonstrates to the director's satisfaction and on such forms as the director may provide that such owner has diligently attempted, without success is not caused in whole or in part by the applicant. Certification may consist of written communications between the applicant and the other owners indicating that a joint application will not be forthcoming.

Section 5. That subsection 6-405(B) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(B) Exception. The maximum height may be increased by up to five feet in those buildings in which at least 30 feet of depth facing public streets is designed to accommodate predominantly retail uses. For buildings that front on more than one public street, retail shall be provided on the more prominent street frontage, as determined by the director. If, after making a good faith effort as determined using guidelines issued by the director, the building owner is unable to lease or sell that space for retail use, the director may authorize that space to be leased for nonretail use for a period not to exceed ten years, after which time subsequent leases may be authorized on the same conditions. For the purpose of this section 6-405(B), retail uses shall include retail shopping establishments, restaurants, banks, financial investment and consulting offices, travel agencies, realty offices, personal service uses, educational uses, and any other commercial activity that involves a high degree of pedestrian activity, as determined by the director.

Section 6. That paragraph 7-202(A)(3) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(3) Bay or display windows, projecting 20 inches or less into the yard and gutters, eaves, cornices or window sills projecting 12 inches or less into the yard.

Section 7. That section 11-500 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding a new section 11-512 to read as follows:

11-512 Separate permit not required. No special use permit shall be required for the following development features when the location, size and design is included as part of a site plan or special use permit approval:

(A) temporary trailer used for model sales offices in conjunction with a construction project;

(B) tandem and reduced size parking spaces in conjunction with single-family, two-family and townhouse projects; and

(C) increase in height of a mechanical penthouse when necessary in order to meet the minimum needs of a building.

Section 8. That paragraph 11-705(B)(1) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(1) The traffic impact study shall be conducted by a qualified transportation planner or traffic engineer who shall meet and confer with the director and the director of transportation and environmental services prior to undertaking the study to define and agree upon the study elements. The extent of the required study will vary depending on the location of the site, the size and nature of the project, and may include some or all of the following elements, to be determined by the directors:

(a) The streets and intersections to be included in the study;

(b) The adequacy of available traffic and turning movement counts and the need for additional data;

(c) The time period of the study (i.e., morning or evening peak period or both);

(d) The approximate trip generation rates of the proposed use;

(e) The directional distribution of the traffic generated by the proposed use;

(f) The modal split and vehicle occupancy assumption to be utilized in the study;

(g) The trends in the growth of traffic in the area of but not generated by the proposed use;

(h) The transportation management programs operated by the city or other governmental units in the area of the proposed use, as well as the transportation management programs proposed for the area, to be considered in the study;

(i) The nature and level of public transit that will service the site of the proposed use;

(j) The years to be covered by the study;

(k) The intersection level of service analytical technique to be utilized in the study; and

(l) The identification of citizen and neighborhood associations whose membership will be proximately affected by the traffic and related impacts of the proposed use.

Section 9. That sections 5-603, 5-604, 5-607, 6-405, 7-202, 11-500 and 11-705 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 10. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or submission approval provided for under the City of Alexandria Zoning Ordinance which are on such date 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 the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 4/8/97
First Reading: 4/8/97
Publication: 4/9/97; 4/10/97
Public Hearing: 4/12/97
Second Reading: 4/12/97
Final Passage: 4/12/97
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (17-19)

Planning Commission (continued)

17. SPECIAL USE PERMIT #97-0018 -- 8 & 12 HERBERT STREET -- VERNON SQUARE -- Consideration of a request for a special use permit, with site plan, to increase the height of an existing office building; zoned CL/Commercial Low. Applicant: National Association of Postmasters of U.S. (NAPUS), Federal Credit Union, by William E. Swarm.
18. SPECIAL USE PERMIT #97-0020 -- 106 NORTH LEE STREET -- CIPOLLINA'S DELI -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation of a carry-out restaurant; zoned CD/Commercial Downtown. Applicant: Paul D. Elgart.
19. SPECIAL USE PERMIT #97-0026 -- 212 QUEEN STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (coffee shop); zoned CD/Commercial Downtown. Applicant: Washington Management Corporation, by Serdar Basegmez.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Councilman Cleveland and carried unanimously, at 1:55 p.m., the Public Hearing Meeting of Saturday, April 12, 1997, was adjourned. The voting was as follows:

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




__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:




______________________________________________
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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Public Notice

A meeting of the City Council Committee on the Watson Wyatt Report is scheduled for Wednesday, April 16, 1997, at 5:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Public Notice

There will be a City Council Work Session on the Proposed Budget on Wednesday, April 16, 1997, at 7:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

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