Public Hearing Meeting
Saturday, November 16, 1996 - - 9:30 am
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Present: Mayor Kerry J. Donley, Vice Mayor Redella S. Pepper, Members of Council William D. Euille, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: Councilman William C. Cleveland.
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; Ms. Barnett, Division Chief, Recreation, Parks and Cultural Activities; Mr. Caton, Legislative Director; Mr. O'Brien, Director of Library; Mr. Brannan, Assistant City Manager; Mr. Neckel, Director of Finance; Mr. Schott, Director of General Services; Fire Chief Hawkins; Police Chief Samarra; 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 except Councilman Euille who arrived at 10:10 a.m., and Councilman Cleveland who was absent.
2. Public Discussion Period.
(a) John Chapman Gager spoke during this period.
1
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-11)
Planning Commission
WITHOUT OBJECTION, City Council withdrew Docket Item No. 3 from the Consent Calendar and considered it under separate motion.
4. SPECIAL USE PERMIT #96-0139 -- 725-727 KING STREET -- BERTUCCI'S RESTAURANT -- Public Hearing and Consideration of a request to amend special use permit conditions regarding off-site loading for the existing restaurant; zoned CD/Commercial Downtown. Applicant: Bertucci's Restaurant Corporation, by Harry P. Hart, attorney.
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. 4; 11/16/96, and is incorporated herewith as part of this record by reference.)
5. SPECIAL USE PERMIT #96-0140 -- 1509 LESLIE AVENUE -- Public Hearing and Consideration of a request for a special use permit for reduction of required off-street parking for a woodworking facility; zoned CSL/Commercial Service Low. Applicant: Alexandria Center for the Woodworking Arts, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: 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. 5; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of the Del Ray Citizens Association's letter dated October 30, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 11/16/96, and is incorporated herewith as part of this record by reference.)
6. SPECIAL USE PERMIT #96-0148 -- 805 BASHFORD LANE --
Public Hearing and Consideration of a request for a special use permit to change the ownership of a nonconforming dry cleaning facility; zoned RB/Residential. Applicant: Ki Taek Lim and Chung Ki Lim.
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. 6; 11/16/96, and is incorporated herewith as part of this record by reference.)
7. SPECIAL USE PERMIT #96-0155 -- 311 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit to: (1) change the ownership of an automobile repair garage and automobile rental business, and (2) extend the special use permit for an additional five years; zoned CL/Commercial Low. Applicant: Prime Auto Care, Inc., by Vanna So.
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. 7; 11/16/96, and is incorporated herewith as part of this record by reference.)
8. SPECIAL USE PERMIT #96-0156 -- 1508 MOUNT VERNON AVENUE -- MANCINI'S RESTAURANT -- Public Hearing and Consideration of a request to amend the special use permit conditions for a restaurant to change (1) the number of seats, (2) the time to install landscaping, (3) the outside dining facilities, and (4) the hours of operation; zoned CL/Commercial Low. Applicant: Mancini's, Inc., by Robert P. Dirmeyer.
COMMISSION ACTION: Recommend Approval 6-0
(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. 8; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of the Del Ray Citizens Association's letter dated October 30, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 11/16/96, and is incorporated herewith as part of this record by reference.)
9. ENCROACHMENT #96-0005 -- 1508 MOUNT VERNON AVENUE -- MANCINI'S RESTAURANT -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an awning and outdoor seating; zoned CL/Commercial Low. Applicant: Mancini's, Inc., by Robert P. Dirmeyer.
COMMISSION ACTION: Recommend Approval 6-0
(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. 9; 11/16/96, and is incorporated herewith as part of this record by reference.)
10. SPECIAL USE PERMIT #96-0159 -- 1609 KING STREET -- Public Hearing and Consideration of a request for a special use permit to operate a coffee shop (restaurant); zoned CD/Commercial Downtown. Applicant: Scott Mitchell.
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. 10; 11/16/96, and is incorporated herewith as part of this record by reference.)
11. SPECIAL USE PERMIT #96-0163 -- 106 EAST GLEBE ROAD -- Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned RB/Residential. Applicant: Mary A. Redfearn.
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. 11; 11/16/96, 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. 11; 11/16/96, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously by all those present, City Council approved the Consent Calendar as presented with the exception of Docket Item No. 3 which was considered under separate motion. 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.
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 and the amended Condition #3.
8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
10. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Rich "aye" Pepper "aye"
Walker "aye" Cleveland absent
Donley "aye" Euille not yet arrived
Speck "aye"
3. SPECIAL USE PERMIT #95-0216 -- 1623 DUKE STREET -- TABLE TALK SITE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for development of an office building with an increase in the floor area ratio (FAR). Modifications to crown coverage and drive aisle widths are requested. The property is zoned OCH/Office Commercial High. Applicant: Mostafa Movahed, by Harry P. Hart, attorney.
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. 3; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. Hart's letter dated November 15, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support of the special use permit and substituting the language in his letter dated November 15, 1996, for Condition No. 13.
General Discussion. Members of City Council, Transportation and Environmental Services Director O'Kane and Mr. Hart participated in the discussion of this item.)
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, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amendment to Condition No. 13 as submitted by Mr. Hart which reads as follows: 13. Donate $1.10 per square foot of net floor area for King Street Metro Area improvements, with a credit to be given for costs actually incurred by the applicant in conducting an archaeological study, per a memo from the City Attorney, Philip Sunderland, dated June 19, 1990. The voting was as follows:
Pepper "aye" Cleveland absent
Walker "aye" Euille not yet arrived
Donley "aye" Rich "aye"
Speck "aye"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
12. Public Hearing on the Design for the City's New Central Library.
(A copy of the Holmes Run Committee's letter dated November 13, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support of this project and to items listed in the Holmes Run Committee's letter dated November 13, 1996.
General Discussion. Members of City Council, Director of Transportation and Environmental Services O'Kane, and General Services Director Schott participated in the discussion of this item.
Councilman Speck suggested that we ask the designers to look at the project and suggest to us the things that they think make this right relative to appearance and engineering and Council will take a look at the capital costs on a long-term basis.
Vice Mayor Pepper stated her first priority is that the building be made of brick. She pointed out that the pedestrian bridge suggested by Mr. Brenman, who offered to raise the money, should be added. She suggested that items could be added later on when we have more money such as filling in of the vacated portion of the Holmes Run channel with water and the glassed-in patio. She indicated that she is not convinced that a 130-seat meeting room is really adequate. She stated that she is not sure that we will have adequate space for even the additional books that we might want. She stated that there is concern that there are not enough seats in the stack area.
Mayor Donley stated that for some of these aspects provisions need to be provided for in the design of the building, but in some cases we might look at opportunities to change in the next design phase, but certainly the capacity of the public meeting room needs to be addressed in the design phase fairly early.)
WHEREUPON upon motion by Vice Mayor Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council held and closed the public hearing, and scheduled final action on this item at the Regular Meeting on November 26, 1996. The voting was as follows:
Pepper "aye" Cleveland absent
Walker "aye" Euille not yet arrived
Donley "aye" Rich "aye"
Speck "aye"
At 10:10 a.m., Councilman Euille arrived.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
13. SPECIAL USE PERMIT #96-0158 -- 3825 MOUNT VERNON AVENUE -- ARLANDRIA SHOPPING CENTER -- FLAGS RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the plan for a restaurant with billiard tables and live entertainment; zoned CDD-#6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: Fahmi T. Eid, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Denial 6-0
(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. 13; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of the Del Ray Citizens Association's letter dated October 30, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
Bernard M. Fagelson, 1733 King Street, attorney representing the applicant, spoke in support of this special use permit.)
WHEREUPON, a motion was made by Vice Mayor Pepper, seconded by Council Member Walker to overturn the Planning Commission recommendation and approve the special use permit application, subject to the conditions stated which special use permit is subject to a six-month review.
(There was further discussion by Members of City Council, Planning and Zoning Director Lynn, and Mr. Fagelson.)
THEREUPON, a substitute motion was made by Councilman Speck, seconded by Councilman Euille and carried unanimously by all those present, City Council overturned the decision of the Planning Commission and approved this request, subject to compliance with all applicable codes, ordinances and conditions and conditional upon a new floor plan to be approved by the Director of Planning and Zoning and the Chief of Police, and if the new floor plan is not approved by the Chief of Police or the Director of Planning and Zoning, the original floor plan would be operative. The voting was as follows:
Speck "aye" Pepper "aye"
Euille "aye" Cleveland absent
Donley "aye" Rich "aye"
Walker "aye"
14. SPECIAL USE PERMIT #96-0099 -- 5010 DUKE STREET -- CAMERON STATION -- PHASE I -- Public Hearing and Consideration of a request for an amendment to the special use permit for the Cameron Station--Phase I development plan, with a reconfiguration of the site layout, an increase in total number of units and increase in retail square footage; zoned CDD-#9/Coordinated Development District, Cameron Station. Applicant: Cameron Station Associates, LLC; c/o Greenvest, LC, by Cyril D. Calley, attorney. (#21 10/19/96)
COMMISSION ACTION: Recommend Approval 6-1
(A copy of the Planning Commission report dated October 1, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of Mr. Calley's memorandum dated November 15, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 11/16/96, 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, and spoke to the suggested amendments in his memorandum dated November 15, 1996; and
Ben Brenman, 4600 Duke Street, #1609, representing the Holmes Run Committee, spoke in support.
General Discussion. Members of City Council, Transportation and Environmental Services Director O'Kane, Planning and Zoning Director Lynn, and Mr. Calley participated in the discussion.
Mayor Donley noted that three single-family homes were being eliminated. He viewed this development as an opportunity to increase single-family homes in the City. As the additional phases move forward, he would still like to see as many single-family homes as possible.)
WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended the following conditions to read as follows: "13. Provide a minimum clear 4-foot emergency access, unobstructed by fencing, to the rear of all units which are not sprinkled."; "25. All private driveways serving individual garages shall have a minimum length of 18.5 feet (measured from garage door to edge of sidewalk in front of unit or the inside edge of curb if no sidewalk is planned in front of unit). Where that is not feasible, and where the driveway space is not required parking, the maximum depth of the front driveway shall be 10.5 feet. Where sidewalks are proposed in front of units, the driveway materials, color or texture will be distinguishable from the sidewalk materials, color or texture. Parking in these areas shall be prohibited as identified in the Homeowner's Agreement (HOA) and consistent with Condition #42. The HOA will also provide for enforcement of this condition."; "47. Provide vehicular access to the pond for maintenance purposes, to the satisfaction of the Director of T&ES."; and deleted Condition No. 65. The voting was as follows:
Euille "aye" Cleveland absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
15. SPECIAL USE PERMIT #96-0136 -- 1603 PEACH STREET -- Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned RB/Residential. Applicant: Mary Louise Goode.
COMMISSION ACTION: Recommend Approval 4-1
(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; 11/16/96, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Euille, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Euille "aye" Cleveland absent
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
16. TEXT AMENDMENT #96-14 -- MOTOR VEHICLE PARKING AND STORAGE -- Public Hearing and Consideration of an amendment to Sections 2-177 and 7-101(M) (Definitions; Motor vehicle parking and storage; Supplemental Regulations; Permitted accessory uses) to clarify that large commercial parking facilities require a special use permit in the commercial zones and that accessory parking is permitted in both residential and commercial zones. Staff: Department of Planning and Zoning.
COMMISSION ACTION: 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. 16; 11/16/96, 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. 16; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Sarah Coco, 3023 Bryan Street, representing her neighbors, spoke in support of the text amendment;
Mark Bishop, 3023 Bryan Street, representing his neighbors, spoke in support of the text amendment;
Ellen Pickering, 103 Roberts Lane, representing Taylor Run Civic Association, spoke in support; and
Duncan W. Blair, 510 King Street, attorney representing First Baptist Church, spoke in opposition to the special use permit for churches.
There was considerable discussion on this issue by the Members of City Council, City Attorney Sunderland, Planning and Zoning Director Lynn, Mr. Bishop, Mrs. Pickering, Transportation and Environmental Services Director O'Kane, and Ms. Coco.
Mayor Donley requested Planning and Zoning Director Lynn to provide Council with the docket item which he talked about which came before Council in 1992, regarding the issue to increase the parking requirement from 1 per 5 to 1 per 2.5, which was approved unanimously by Planning Commission and which Council did not act upon. This information will be helpful for Council's consideration on November 26, 1996.
Mayor Donley asked staff to undertake, whether it's in the context of a special use permit or whether it's in the context of a site plan, that we consider allowing a waiver to the Chesapeake Bay Act that would enable the First Baptist Church to expand the bridge over the ravine. All other elements of the Chesapeake Bay Act would be applicable with the exception of the waiver in this regard. He proposed that staff facilitate a potential resolution to the instant case, whether it is in the form of a site plan or a special use permit, between First Baptist Church, the Bryan Street neighbors, and the Taylor Run Civic Association.
Vice Mayor Pepper requested staff to report back on the issues where Grace Episcopal and Blessed Sacrament had both been given the opportunity to expand [parking] beyond what they had, what they had was the minimum they were allowed, and therefore they were allowed to come up to their minimum or were they going beyond the minimum and they had been allowed through the site plan process without a sup to go forward and have whatever expanded number they got beyond the minimum.
Councilman Euille stated for the record that he has not taken a position on this proposed text amendment; however, he does support the neighbors surrounding First Baptist Church in terms of a resolution that's satisfactory to meet their needs and their problem with regard to the church's need for additional parking. He stated that he did not want anyone to leave the meeting today thinking that Councilman Euille is not supporting their concerns. He stated that he does support the concerns, and he is just concerned that this proposed text amendment does not fully address the broader issue that has not been focused on in terms of City-wide, in the future and the constitutionality and the like.
WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Pepper and carried unanimously by all those present, City Council held and closed the public hearing on this item, and deferred final action until the Regular Meeting on November 26, 1996. The voting was as follows:
Speck "aye" Cleveland absent
Pepper "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker "aye"
17. TEXT AMENDMENT #96-06 -- FENCES ON CORNER LOTS -- Public Hearing and Consideration of an amendment to Section 7-1700 (Supplemental Regulations; Fences on corner lots) of the zoning ordinance to provide for regulation of fences on corner lots. Staff: Department of Planning and Zoning.
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. 17; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following person participated in the public hearing on this item:
George Ellmore, 1740 Dogwood Drive, representing the Board of Zoning Appeals, spoke against the grandfathering provision. Council agreed with the suggestion of the BZA that staff will do this on a complaint basis only.)
WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried on a vote of 4-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted the grandfather provision. The voting was as follows:
Rich "aye" Pepper "aye"
Speck "aye" Cleveland absent
Donley "aye" Euille out of room
Walker out of room
18. TEXT AMENDMENT #96-16 -- SPECIAL EXCEPTION PROCEDURE -- Public Hearing and Consideration of an amendment to the zoning ordinance to add Section 11-1300 (Board of Zoning Appeals; Special Exception) providing a new procedure for special exceptions before the Board of Zoning Appeals. Staff: Department of Planning and Zoning.
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. 18; 11/16/96, and is incorporated herewith as part of this record by reference.)
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried on a vote of 4-to-0, City Council approved the recommendation of the Planning Commission and approved the text amendment. The voting was as follows:
Pepper "aye" Cleveland absent
Speck "aye" Euille out of room
Donley "aye" Rich "aye"
Walker out of room
19. SPECIAL USE PERMIT #96-0147 -- 3601 JEFFERSON DAVIS HIGHWAY -- ROUTE 1, NORTH OF THE RECREATION FIELDS, IN THE VICINITY OF BELLEFONTE AVENUE -- POTOMAC YARD - ICE RINK -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of an ice skating rink (amusement enterprise), with food service (restaurant), and request for reduction of required off-street parking; zoned CDD-#10/Coordinated Development District, Potomac Yard/Greens. Applicant: Potomac Yard Technology Park, Inc., by J. Howard Middleton, Jr., attorney.
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. 19; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of the Del Ray Citizens Association's letter dated October 30, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of a verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support of this special use permit; and
Frederick Krimgold, 6627 Fletcher Lane, McLean, VA, representing Virginia Polytechnic Institute and State University, recommended a 30-day deferral for further consultation.
General Discussion. Members of City Council, City Attorney Sunderland, Mr. Middleton, and Mr. Farr (applicant), participated in the discussion.)
WHEREUPON, upon motion by Vice Mayor Pepper, seconded by Councilman Euille and carried unanimously by all those present, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition Nos. 22, 25, 26, 44 and 54, and the deleted Condition Nos. 19, 42 and 43. The voting was as follows:
Pepper "aye" Cleveland absent
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
20. SPECIAL USE PERMIT #96-0164 -- SOUTHWEST OF COMMONWEALTH AVENUE, EAST OF SUNSET DRIVE -- VEPCO SITE -- Public Hearing and Consideration of a request for an amendment to the special use permit for an overhead-to-underground electric transmission facility; zoned UT/Utilities and Transportation. Applicant: Virginia Electric and Power Company (VEPCO), by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 4-0-2
(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. 20; 11/16/96, and is incorporated herewith as part of this record by reference.
A copy of the verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 11/16/96, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support of this item; and
James Konkel, 17 Sunset Drive, spoke against this item.
General Discussion. Members of City Council, City Attorney Sunderland, Mr. Middleton, and Transportation and Environmental Services Director O'Kane participated in the discussion of this item.
Councilman Euille wanted to review how he voted and his statements at the last meeting that this item was discussed.
Mayor Donley requested Mr. Middleton, between now and November 26, to confer with RF&P to see if we can get some assurance either regarding the track relocation or some assurance from RF&P relative to the performance bond that Council Member Rich spoke about.)
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Rich and carried unanimously by all those present, City Council deferred this until the Regular Meeting of November 26, 1996. The voting was as follows:
Euille "aye" Pepper "aye"
Rich "aye" Cleveland absent
Donley "aye" Speck "aye"
Walker "aye"
ORDINANCES AND RESOLUTIONS
21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to enable elderly or disabled taxpayers applying for an exemption or deferral from the City's real estate taxes (i) to file a written statement, in lieu of a formal affidavit, in support of their application, and (ii) to file a written statement or affidavit only once every three years. (#17 11/12/96) [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 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 absent
Rich "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3891
AN ORDINANCE to amend and reordain Sections 3-2-163 (SAME--ELIGIBILITY, RESTRICTIONS GENERALLY), 3-2-165 (SAME--PROCEDURE FOR CLAIM), 3-2-166 (SAME--CALCULATION OF AMOUNT; LIMITATION), and 3-2-167 (CHANGE IN STATUS), all of Article L (REAL ESTATE TAX EXEMPTION OR DEFERRAL FOR ELDERLY OR PERMANENTLY AND TOTALLY DISABLED PERSONS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 3-2-163 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. 3-2-163 Same--eligibility, restrictions generally.
Exemptions from or deferral of real estate taxation in any taxable year shall be granted subject to the following restrictions and conditions:
(1) the total combined income for the calendar year immediately preceding the tax year of an applicant for an exemption may not exceed $20,000. Such income of an applicant for a deferral may not exceed $25,000.
(2) the net combined financial worth of an applicant may not exceed $150,000.
(3) as of January 1 of the taxable year, the applicant must occupy the real estate for which the exemption or deferral is sought as his or her sole residence and must be expected to so occupy the real estate throughout the year; provided, that an applicant who is residing in a hospital, nursing home, convalescent home or other facility for physical or mental care shall be deemed to meet this condition so long as the real estate is not being used by or leased to another for consideration.
(4) an applicant shall file the affidavit or written statement, or the annual certification, required by section 3-2-165 no later than April 10 of the tax year.
(5) interest on any taxes deferred under this article shall accrue at the rate of eight percent per annum from the date by which such taxes were required to be paid to the date on which such taxes are paid in full. Any and all deferred taxes shall constitute a single lien upon the applicant's real estate as if no deferral had been granted and the taxes had been assessed but not paid. To the extent it exceeds, in the aggregate, 10 percent of the price for which such real estate is sold or, if not sold, 10 percent of its assessed value, any such lien shall be inferior to all other liens.
Section 2. That Section 3-2-165 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. 3-2-165 Same--procedure for claim.
(a) Except as provided in subsection (e), not later than April 10 of the taxable year, any applicant claiming an exemption or deferral of real estate taxes under this article shall file with the city manager, in such manner as the manager shall prescribe and on forms to be supplied by the city, an affidavit or a written statement providing the following:
(1) the name and age of the applicant;
(2) a statement whether the applicant is permanently and totally disabled;
(3) the address of the real estate for which the exemption or deferral is claimed;
(4) the names of the applicant's spouse and of the relatives of the applicant and any other owners of the real estate who reside in the applicant's dwelling;
(5) the total combined income of the applicant as defined in section 3-2-161(10);
(6) the net combined financial worth of the applicant as defined in section 3-2-161(6);
(7) the applicant's election of an exemption or deferral; and
(8) the name and addresses of all owners of the real estate other than the owners who reside thereon.
(b) If, after audit and investigation, the city manager determines that the applicant is eligible for an exemption or deferral, the manager shall so certify to the director of finance, who shall deduct the amount of the exemption from the applicant's real estate tax liability or defer such tax liability as herein provided.
(c) Any provision of this article to the contrary notwith-standing, the city council may declare eligible to apply for an exemption or deferral any person filing the affidavit or written statement or written certification, required by subsection (a) after April 10 but before June 30 of the taxable year, provided good cause is shown for the failure to file the affidavit or statement before April 10 of the taxable year.
(d) Any applicant under 65 years of age claiming an exemption or deferral on the basis of a permanent and total disability shall attach to the affidavit or written statement or written certification required by subsection (a) a certification by the Social Security Administration or, if the person is not eligible for social security, an affidavit by two medical doctors licensed to practice medicine in the commonwealth to the effect that the person is unable to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment or deformity which can be expected to result in death or can be expected to last for the duration of the person's life.
(e) The affidavit or written statement required by subsection (a) need be filed only once in every three years. For each year as to which an affidavit or statement is not filed, the taxpayer shall file with the city manager, not later than April 10, a written certification, on forms to be supplied by the city, in which the taxpayer states that the information contained in the taxpayer's last filed affidavit or statement has not changed in a manner which affects either the taxpayer's eligibility for an exemption or deferral under this article or the amount of the exemption or deferral. In the event that the information in the last filed affidavit or statement has changed in such a manner, the taxpayer shall filed a new affidavit or written statement pursuant to subsection (a).
Section 3. That Section 3-2-166 of The Code of the City of Alexandria, 1981, as amended, be, and the same herein is, amended and reordained to read as follows:
Sec. 3-2-166 Same--calculation of amount; limitation.
The exemption from or deferral of real estate taxes granted under this article for any tax year shall be calculated as follows:
(1) when the total combined income of the application does not exceed $10,000, the applicant shall be exempt from the taxes owed for the year;
(2) when the total combined income of the application exceeds $10,000 but does not exceed $20,000, the applicant shall be exempt from the taxes owed for the year or from taxes in the amount of $1,500, whichever is less, and may defer all or part of the amount of such taxes in excess of $1,500; and
(3) when the total combined income of the applicant exceeds $20,000 but does not exceed $25,000, the applicant may defer all or part of the taxes owed for the year; provided, that if the real estate identified in the affidavit or written statement filed under section 3-2-165 is not owned solely by the applicant and his or her spouse, the amount of the tax exemption or deferral shall be either the amount of the taxes on the real estate for the tax year times the percentage owner-ship interest in the real estate held by the applicant, or by the applicant and his or her spouse, or $1,500, whichever is less.
Section 4. That Section 3-2-167 of The Code of City of Alexandria, 1981, as amended, be, and the same herein is, amended and reordained to read as follows:
Sec. 3-2-167 Change in status.
Changes in income, financial worth, ownership of property or other factors occurring during the taxable year for which an affidavit or written statement, or a written certification, is filed and causing any of the restrictions, limitations or conditions provided in this article to be exceeded or violated shall nullify any exemption or deferral for the then current taxable year and the taxable year immediately following. The transfer of ownership of the property from a qualifying spouse to a spouse who is less than 65 years of age and not permanently or totally disabled, when such transfer results solely from the death of the qualifying spouse, shall result in a prorated exemption or deferral for the then current taxable year. Such prorated exemption or deferral shall be determined by multiplying the amount of the exemption or deferral granted the qualifying spouse by a fraction in which the number of complete months of the year such property was properly eligible for such exemption or deferral is the numerator and the number 12 is the denominator.
Section 5. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 11/12/96
First Reading: 11/12/96
Publication: 11/13/96; 11/14/96
Public Hearing: 11/16/96
Second Reading: 11/16/96
Final Passage: 11/16/96
* * * * *
22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City's regulations governing raffles and bingo to bring the regulations into conformity with state law, as recently amended. (#18 11/12/96) [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 Euille, 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:
Euille "aye" Pepper "aye"
Walker "aye" Cleveland absent
Donley "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3892
AN ORDINANCE to repeal Article O (TAX ON BINGO GAMES) of Chapter 2 (FINANCE), Title 3 (FINANCE, TAXATION AND PROCUREMENT), and to amend and reordain Section 13-1-12 (SAME--LOTTERY, ETC.) and to repeal Section 13-1-13 (BINGO GAMES AND RAFFLES ALLOWED CERTAIN ORGANIZATIONS WITH PERMITS--REGULATIONS AND PROCEDURES; REVOCATION OF PERMITS; APPEALS AND PENALTIES), both of Chapter 1 (GENERAL OFFENSES), Title 13 (MISCELLANEOUS OFFENSES), of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Article O (Sections 3-2-261 through 3-2-270) of Chapter 2, Title 3, of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, repealed.
Section 2. That Section 13-1-12 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, amended and reordained to read as follows:
Sec. 13-1-12 Same--lottery, etc.
If any person shall:
(1) set up, promote or be concerned in managing or drawing a lottery or raffle for money or other thing of value;
(2) knowingly permit a lottery in any house under his
control;
(3) knowingly permit money or other property to be raffled for in such house or to be won there-in, by throwing or using dice, or by any other game of chance;
(4) knowingly permit the same in such house of any chance or ticket in, or share of a ticket in, a lottery, or any writing, certificate, bill, token or other device purporting or intended to guarantee or assure to any person, or entitle him to a prize or share of, or interest in a prize to be drawn in a lottery; or
(5) for himself or another person, buy, sell or transfer or have in his possession for the purpose of sale or with intent to exchange, negotiate or transfer, or aid in selling, exchanging, negotiating or transferring, a chance or ticket in or share of a ticket in a lottery, or any such writing, certificate, bill, token or device, he shall be guilty of a class 2 misdemeanor, except as provided in section 18.2-325 et seq. of the Code of Virginia (1950), as amended.
Section 3. That Section 13-1-13 of The Code of the City of Alexandria, Virginia, 1981, shall be, and the same hereby is, repealed.
Section 4. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 11/12/96
First Reading: 11/12/96
Publication: 11/13/96; 11/14/96
Public Hearing: 11/16/96
Second Reading: 11/16/96
Final Passage: 11/16/96
* * * * *
23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the Zoning Ordinance to permit massage establishments by special use permit in the CL zone. (#19 11/12/96) [ROLL-CALL VOTE]
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilman Speck, seconded by 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:
Speck "aye" Pepper "aye"
Rich "aye" Cleveland absent
Donley "aye" Euille "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3893
AN ORDINANCE to amend and reordain Section 4-103 (SPECIAL USES) under Section 4-100 (CL/COMMERCIAL LOW ZONE) of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES) (TA No. 96-012) of the City of the City of Alexandria Zoning Ordinance.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 4-103 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (G.1) to read as follows:
(G.1) Massage establishment;
Section 2. That Section 4-103 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 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: 11/12/96
First Reading: 11/12/96
Publication: 11/13/96; 11/14/96
Public Hearing: 11/16/96
Second Reading: 11/16/96
Final Passage: 11/16/96
* * * * *
24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way of Jamieson Avenue, near its intersection with George's Lane, in the City of Alexandria. (#20 11/12/96) [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 Councilman Euille and carried on a ROLL-CALL vote of 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Pepper "aye" Cleveland absent
Euille "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3894
AN ORDINANCE authorizing the contract purchaser of the property at the intersection of Georges Lane and Jamieson Avenue in the Carlyle Development, and their successors in title, to establish and maintain an encroachment into the public right-of-way of Jamieson Avenue, in the City of Alexandria, Virginia.
WHEREAS, the Burke and Herbert Bank and Trust Company is the contract purchaser of the property located at the intersection of Georges Lane and Jamieson Avenue in the City of Alexandria, Virginia; and
WHEREAS, the Burke and Herbert Bank and Trust Company desires to establish and maintain an entrance and handicap ramp which will encroach into the public right-of-way of Jamieson Avenue; and
WHEREAS, the area of the proposed encroachment is shown on a plat, entitled "Plat Showing Proposed Encroachment Onto Jamieson Avenue from Lot 706, Carlyle, City of Alexandria, Virginia" (hereafter the "Plat"), and attached hereto; and
WHEREAS, the public right-of-way at that point on Jamieson 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 Burke and Herbert Bank and Trust Company and its successors in title (hereafter collectively the "Applicant") be, and the same hereby are, authorized to establish and maintain an encroachment into the public right-of-way of Jamieson Avenue in the City of Alexandria, said encroachment, as shown on the attached Plat, to be approximately four feet in width by twenty-four feet in length, to accommodate an entrance and handicap ramp, 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 Applicant 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 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: $1,000,000 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 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. Nothing in this section shall relieve Applicant 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, Applicant 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 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 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 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 7. 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 for any loss or damage to the structure of the encroachment caused by the removal.
Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Attachment: Encroachment Plat
Introduction: 11/12/96
First Reading: 11/12/96
Publication: 11/13/96; 11/14/96
Public Hearing: 11/16/96
Second Reading: 11/16/96
Final Passage: 11/16/96
* * * * *
25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making provision for the support of the government of the City of Alexandria and for the payment of municipal expenditures, by providing supplemental appropriations of amounts required to defray certain expenditures and liabilities of the City for fiscal year 1997. (#21 11/12/96) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 28, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 11/16/96, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilman Euille, seconded by Council Member Walker and carried on a vote of 5-to-0, City Council finally passed the Ordinance on its Second Reading. The voting was as follows:
Euille "aye" Pepper "aye"
Walker "aye" Cleveland absent
Donley "aye" Rich out of room
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3895
AN ORDINANCE making provision for the support of the government of the City of Alexandria, Virginia, and for the payment of municipal expenditures by providing supplemental appropria-tions of amounts required to defray certain expenditures and liabilities of the city for fiscal year 1997, which began on the first day of July 1996 and ends on the thirtieth day of June 1997.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the funds hereafter named the amounts required to defray the expenditures and liabilities of the city for which commitments were established in the form of encumbrances or otherwise on or before June 30, 1996, but which are payable in fiscal year 1997, and for which amounts were appropriated but not expended in fiscal year 1996, and further that the council does hereby allot the amounts so appropriated to the several municipal departments for fiscal year 1997, as follows:
GENERAL FUND
18th Circuit Court $ 9
Sheriff 162,467
Clerk of Courts 158,709
Court Service Unit 2,800
Financial and Information Services 259,110
City Attorney 3,999
18th Juvenile Court 3,385
Registrar 282
City Council 210
Human Relations 10,772
Personnel 12,371
Planning and Zoning 58,749
General Services 651,419
Transportation and Environmental Services 396,576
Fire 448,906
Police 118,089
Office of Housing 158,812
Health 83,064
Human Services 459,804
Office of Historic Alexandria 72,238
Recreation and Cultural Activities 104,217
Non-Departmental 850,747
Total General Fund $4,016,735
EQUIPMENT REPLACEMENT RESERVE FUND
Sheriff $ 1,922
Financial and Information Services 14,237
General Services 418,852
Transportation and Environmental
Services 393,383
Fire 27,924
Police 23,638
Recreation 14,956
Total Equipment Replacement Reserve
Fund $894,912
COMPONENT UNIT
Dash $44,242
Total Component Unit $44,242
Section 2. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being external grant awards for which the proceeds were received or accepted prior to June 30, 1996, but which were not expended by such date, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $65,196
Sheriff 61,610
Court Service Unit 3,500
General Services 19,954
Transportation and Environmental
Services 879,301
Fire 288,350
Police 15,208
Housing 7,109,699
Mental Health/Mental Retardation/
Substance Abuse 5,339,716
Health 53,515
Human Services 1,020,443
Historic Alexandria 138,414
Recreation 4,355
Total Estimated Revenue $14,999,261
APPROPRIATION:
Human Relations $65,196
Sheriff 61,610
Court Service Unit 3,500
General Services 19,954
Transportation and Environmental
Services 879,301
Fire 288,350
Police 15,208
Housing 7,109,699
Mental Health/Mental Retardation/
Substance Abuse 5,339,716
Health 53,515
Human Services 1,020,443
Historic Alexandria 138,414
Recreation 4,355
Total Appropriation $14,999,261
Section 3. That the Council of the City of Alexandria, Virginia, does hereby make provision and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being external grant awards for which revenues were authorized and adjusted after July 1, 1996, but not appropriated, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $27,830
Sheriff 116,107
Court Service Unit 5,000
Transportation and Environmental Services 10,000
Fire 33,670
Police 514,592
Human Services 193,007
Recreation 5,881
Library 69,146
Total Estimated Revenue $ 975,233
APPROPRIATION:
Human Relations $27,830
Sheriff 116,107
Court Service Unit 5,000
Transportation and Environmental Services 10,000
Fire $33,670
Police 514,592
Human Services 193,007
Recreation 5,881
Library 69,146
Total Appropriation $ 975,233
Section 4. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city in fiscal year 1997, the source of such amount being the residual balances accumulated as of June 30, 1996, in accounts for donations and activities, and further that the council does hereby allot the amount so appropriated to the several city departments for fiscal year 1997, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Human Relations $67,466
Citizens Assistance 16,148
Commonwealth's Attorney 7,592
Clerk of Courts 189,554
Court Service Unit 1,468
Personnel 94,969
Transportation and Environmental Services 47,128
Fire 9,309
Police 877,265
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 14,370
Health 1,888
Human Services 95,027
Historic Alexandria 113,167
Recreation 171,276
Library 430
Non-Departmental 3,014
Total Estimated Revenue $1,710,521
APPROPRIATION:
Human Relations $67,466
Citizens Assistance 16,148
Commonwealth's Attorney 7,592
Clerk of Courts 189,554
Court Service Unit 1,468
Personnel 94,969
Transportation and Environmental Services 47,128
Fire 9,309
Police 877,265
Housing 450
Mental Health/Mental Retardation/
Substance Abuse 14,370
Health 1,888
Human Services 95,027
Historic Alexandria 113,167
Recreation 171,276
Library 430
Non-Departmental 3,014
Total Appropriation $1,710,521
Section 5. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being donations to the city which have been accepted and adjusted but not appropriated in fiscal year 1997, and further that the council does hereby allot the amount so appropriated to the city departments for fiscal year 1997, as follows:
SPECIAL REVENUE FUND
ESTIMATED REVENUE:
Recreation $ 25,728
Total Estimated Revenue 25,728
APPROPRIATION:
Recreation $ 25,728
Total Appropriation $ 25,728
Section 6. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures of the city for fiscal year 1997, the source of such amount being undesignated General Fund Balance, and further that the Council does hereby allot the amount so appropriated, as follows:
GENERAL FUND
APPROPRIATION:
Historic Alexandria $18,310
Schools (Transfers Out) 54,260
Non-Departmental 20,016
Total Appropriation $ 92,586
Section 7. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the component unit hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities for fiscal year 1997, the source of such amount being Transfers In, and further that the Council does hereby allot the amount so appropriated for fiscal year 1997, as follows:
COMPONENT UNIT
ESTIMATED REVENUE:
Component Unit - Schools
Transfers In (from General Fund) $ 54,260
Total Estimated Revenue $ 54,260
APPROPRIATION:
Component Unit - Schools $ 54,260
Total Appropriation $ 54,260
Section 8. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amount being Charges for Services and Intergovernmental Revenue, and further that the council does hereby allot the amount so appropriated for and to the following capital projects which are included in the fiscal year 1997 capital improvement budget: city project nos. 010-006, 005-020 and 011-097.
CAPITAL PROJECTS FUND
ESTIMATED REVENUE:
Charges for Services $6,975
Intergovernmental Revenue 1,000,000
Total Estimated Revenue $1,006,975
APPROPRIATION:
Capital Projects $1,006,975
Total Appropriation $1,006,975
Section 9. That the Council of the City of Alexandria, Virginia, does hereby make provision for and appropriate to the fund hereafter named the amount hereafter stated that is required to defray certain expenditures and liabilities of the city for fiscal year 1997, the source of such amounts being General Property Taxes, Fines and Forfeitures, Charges for Services and Use of Money and Property, and further that the Council does hereby allot the amount so appropriated for fiscal year 1997, as follows:
GENERAL FUND
ESTIMATED REVENUE:
General Property Taxes $250,000
Fines and Forfeitures 425,000
Charges for Services 85,000
Use of Money and Property 454,056
Total Estimated Revenue $1,214,056
APPROPRIATION: Financial and Information Services $675,000
General Services 454,056
Fire 85,000
Total Appropriation $1,214,056
Section 10. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 11/12/96
First Reading: 11/12/96
Publication: 11/13/96; 11/14/96
Public Hearing: 11/16/96
Second Reading: 11/16/96
Final Passage: 11/16/96
* * * * *
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (26-32)
Planning Commission (continued)
26. SPECIAL USE PERMIT #96-0157 -- 3700-B JEFFERSON DAVIS HIGHWAY -- Public Hearing and Consideration of a request for a special use permit for a motor vehicle parking and storage facility; zoned CDD-#7/Coordinated Development District, Route 1 Properties. Applicant: Sun Park, Inc., by Paul Snyder III and Alec Harwin.
COMMISSION ACTION: Noted the request to withdraw
27. SPECIAL USE PERMIT #96-0119 --1517 MOUNT VERNON AVENUE --PAPA JOHN'S PIZZA -- Public Hearing and Consideration of a request for a special use permit to operate a full-service restaurant (with seats) with carry-out and delivery service; zoned CL/Commercial Low. Applicant: John Van Lenten; Papa John's.
COMMISSION ACTION: Deferred by Applicant's Request
28. TEXT AMENDMENT #96-15 -- COMMITTEE ON DEVELOPMENT PROCESSES -- Public Hearing and Consideration of an amendment to the zoning ordinance to add Section 7-1700 (Supplemental regulations; automated teller machines) regulating automated teller machines. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Deferred
29. REZONING #96-0010 -- 601 NORTH SAINT ASAPH STREET (PORTNER'S BREWERY) -- 509 NORTH SAINT ASAPH STREET (HEALTH DEPT) -- 512 PENDLETON STREET -- Public Hearing and Consideration of a request for rezoning to change the zoning maps to include parcels in the Old and Historic Alexandria District. Staff: Department of Planning and Zoning.
COMMISSION ACTION: Deferred
30. 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), 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.
COMMISSION ACTION: Deferred
31. 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: Deferred
32. 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.
COMMISSION ACTION: Deferred
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.
OTHER
33. Consideration and Approval of Dedications by the United States of America, Acting through the Secretary of the Army, for Street Rights-of-Way at Cameron Station. [ROLL-CALL VOTE]
(A copy of the City Attorney's memorandum dated November 16, 1996, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 11/16/96, and is incorporated herewith as part of this record by reference.)
(City Attorney Sunderland explained this item.)
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 adopted the resolution. The voting was as follows:
Pepper "aye" Cleveland absent
Rich "aye" Euille "aye"
Donley "aye" Speck "aye"
Walker "aye"
The resolution reads as follows:
RESOLUTION NO. 1809
WHEREAS, the United States of America, acting by and through the Secretary of the Army, pursuant to the Federal Property and Administrative Services Act of 1949, 48 USC § 483 et seq., as amended, and Title II of the Defense Authorization Amendments and Base Closure and Realignment Act, Public Law 100-526, as amended, 10 USC § 2687 note, proposes to dedicate to the City of Alexandria, a municipal corporation of Virginia, certain public street rights-of-way within the Cameron Station Military Reservation located in the City of Alexandria, Virginia; and
WHEREAS, § 5-2-5 of the code of the City of Alexandria, Virginia, 1981, as amended, requires that these dedications be approved by ordinance or resolution adopted by the city council; and
WHEREAS, the acceptance of these dedications by the city is necessary and desirable to allow the redevelopment of the Cameron Station Military reservation to proceed, both for public park use and private residential development, as heretofore approved by the planning commission and city council; and
WHEREAS, based upon the foregoing factors and all other facts and circumstances of which the city council may take notice in its capacity as the legislative body of the City of Alexandria, adoption of this resolution is necessary or desirable to promote the general welfare of the city and the safety, health, peace, good order, comfort, convenience and morals of its inhabitants;
NOW, THEREFORE, BE IT RESOLVED, that the Alexandria City Council does hereby accept the dedications of rights-of-way for public street purposes, as set forth in the attached draft Deed of Dedication and Easement Agreement from the United States of America, as more particularly shown on Plats LP 96-008 and LP 96-009, incorporated in said deed; and
BE IT FURTHER RESOLVED, that the acceptance herein granted shall be subject to the conveyance to the city by the United States of the land shown on the said plats as Parcel A and Parcel B, for public park purposes; and
BE IT FURTHER RESOLVED, that no connector road with Eisenhower Avenue shall be constructed on the right-of-way on Parcel A, unless and until such connector road shall have been approved by the planning commission and city council, after public hearing, as provided in § 9.06 of the Alexandria City Charter; and
BE IT FURTHER RESOLVED, that the city manager shall be authorized to execute, on behalf of the city, a deed substantially conforming to the draft Deed of Dedication and Easement Agreement attached hereto, and such additional documents as may be necessary to effect the dedications herein accepted, and that the city clerk shall be authorized to affix the city seal to such deed and additional documents.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Pepper, seconded by Councilman Speck and carried unanimously by all those present, at 1:40 p.m., the Public Hearing Meeting of Saturday, November 16, 1996, was adjourned. The voting as follows:
Pepper "aye" Cleveland absent
Speck "aye" Euille "aye"
Donley "aye" Rich "aye"
Walker "aye"
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APPROVED BY:
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KERRY J. DONLEY MAYOR
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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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