Meeting Minutes for Public Hearing Meeting (09/18/1999)

Public Hearing Meeting
Saturday, September 18, 1999 - - 9:30 a.m.

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Ruller, Acting Director of Transportation and Environmental Services; Ms. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Ms. Beeton and Ms. Sechrist, Urban Planners; Fire Marshal Conner; Ms. Plemmer, Assistant City Manager; Mrs. Godwin, Director of Management and Budget; Mr. Neckel, Director of Finance; Mr. Sanderson, Director of Real Estate Assessments; Mr. Dahlberg, Director of Code Enforcement; Ms. Barnett, Deputy Director of Recreation, Parks and Cultural Activities; Mr. Jivatode, Division Chief, Transportation and Environmental Services; Mr. Thomas, Real Estate Officer, Office on Housing; Mr. Smith, Board of Architectural Review staff, Office of Planning and Zoning; and Lieutenant Butler, 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.

Vice Mayor Euille announced that he would be leaving the meeting at 10:45 a.m. to attend his uncle's funeral and would return to the meeting after the funeral.

2. Public Discussion Period.

(1) Frank Putzu, 1423 Juliana Place, spoke to land use issues in the West End, i.e., group homes, alternative schools, private schools, etc.

(A copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(1); 9/18/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley proposed that the City add this issue to its legislative package this year and request that a JLARC study be conducted on the licensing and operation oversight that is afforded by the state with respect to group homes. Mayor Donley suggested a meeting with Congressman Moran regarding the federal mandates and the over saturation of group homes.

Councilwoman Pepper requested that staff look into Arlington's policy with respect to its treatment of private or non-profit or private for-profit group homes to see if they have a policy that we can use in the City. She also requested staff to check into the situation of the group home located at Pickett and Pegram Streets to get a handle on what exactly is happening there.

(2) Gayle Reuter and Ellyn Ferguson, chair of Art on the Avenue, presented Council with T-shirts and spoke to the upcoming activities for Art on the Avenue on Saturday, October 2.

(3) Jack Woodard, 2121 Jamieson Avenue, representing Eisenhower Civic Association, spoke against PTO at Carlyle.

(4) Alan Kamerow, 2121 Jamieson Avenue, representing Eisenhower Civic Association, spoke against PTO at Carlyle.

(5) Alan N. Rudd, 2121 Jamieson Avenue, representing Eisenhower Civic Association, spoke against PTO at Carlyle.

(A copy of his material is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(5); 9/18/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley announced, in response to a request from Vice Mayor Euille, that the Council establish a working group to not only work with the developer and staff but also work with citizens on a lot of the issues that are going to come up in an effort to fully examine and evaluate the PTO application. Vice Mayor Euille has indicated his willingness to serve on that committee as has Councilman Speck. He indicated that this will be a Council subcommittee that will not only work with the citizens and the staff, but also the applicant.

Vice Mayor Euille stated he wanted to bring this up for Council's consideration. We should ensure to do all that we can do to assure that the coming of PTO to the Carlyle site is done in a fashion and format that affords every opportunity for the monitoring of the development of this project so that it goes very smoothly. In that light, he suggested a task force comprised of at least two members of the City Council, residents of Carlyle (those that are for and those that are against PTO), citizens-at-large, representatives from the business community along with the normal City staff that would be assigned to a task force like this. He noted that the task force would undertake the responsibility of monitoring the entire development process, to address the issues of parking, traffic, noise, quality of life, etc., as this project commences and follow through to its completion.

Councilman Speck spoke to the decision-making process.

Council Member Rich suggested that the focus and civic energy should be on what are the proposed changes and how can we accommodate a significant employer and not have all of the adverse impacts that we might otherwise have.

(6) Poul Hertel, 1217 Michigan Court, president, Northeast Citizens Association, requested that the 9.06 process for the sale of City-owned property on Powhatan Street be deferred and not be on the docket for October. He would like to have time for the community to deliberate what should be developed on the site.

(7) Rebecca Ellis, 105 Pommander Walk, representing Pommander Walk Civic Association, requested that Council consider redrawing Residential Permit Parking District 1 to exclude Ford's Landing. Redrawing the zone would also allow staff to address the Backyard Boats parking issue.

(A copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(7); 9/18/99, and is incorporated herewith as part of this record by reference.)

(8) Robert Gants, 103 Pommander Walk, representing Pommander Walk Civic Association, concurred with the comments of Ms. Ellis.

(9) Doug Wood, 912 South Saint Asaph Street, spoke to the Ford's Landing parking situation, would like to see parking permits that have been issued expired, and the redrawing of the lines for the Parking Permit District 1.

(Copies of photographs submitted by Mr. Wood are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2(9); 2/18/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley requested that the Old Town Civic Association be part of the process of redrawing the lines for the Residential Parking Permit District 1.

(10) Patricia L. Winters, 915 North Van Dorn Street, #202, spoke to the annual cost of Chinquapin pool usage.

(A copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(10); 9/18/99, and is incorporated herewith as part of this record by reference.)

Deputy Director of Recreation, Parks and Cultural Activities Barnett responded to questions with respect to fees.

Mayor Donley requested that the staff and the Park and Recreation Commission evaluate a lifetime or longer-term membership for the use of Chinquapin.

(11) John Chapman Gager spoke.

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At 10:45 a.m., Vice Mayor Euille left the meeting to attend his uncle's funeral.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

2(a) Receipt of the City of Alexandria, Virginia 1999 Annual Report, and Setting It for Public Hearing.

(A copy of the City Manager's memorandum dated September 13, 1999, together with the 1999 Annual Report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 2(a); 9/18/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously by all those present, City Council received the City Manager's 1999 Annual Report and set it for public hearing on Saturday, November 13. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-26)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 4, 11, 12, 14 and 20 from the action consent calendar and considered them under separate motions.

3. TEXT AMENDMENT #99-0007--DEFINITION OF CONVENIENCE STORES -- Public Hearing and Consideration of an amendment to the Zoning Ordinance regarding the definition of convenience stores.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 9/18/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0057--501 EAST MONROE AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a bakery with a parking reduction; zoned CSL/Commercial Service Low. Applicant: Paul Christou.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/18/99, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #99-0062--3838 MOUNT VERNON AVENUE -- EL PULGARCITO RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing restaurant; zoned CL/Commercial Low. Applicant: Jose Maria Merino.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/18/99, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #99-0064--410 SOUTH VAN DORN STREET-- FRIENDLY’S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CG/Commercial General. Applicant: Friendly’s Restaurant #6026.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/18/99, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #99-0073--1470-B NORTH BEAUREGARD STREET--DAIRY QUEEN--SHOPS AT MARK CENTER -- Public Hearing and Consideration of a request for a special use permit to expand the hours of operation of the existing restaurant (ice cream shop); zoned CDD-4/Coordinated Development District. Applicant: Shaq Qureshi.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/18/99, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #99-0076--105 SOUTH UNION STREET--FIREHOOK OF UNION -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Firehook of Union, Inc.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/18/99, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #99-0077--719 KING STREET--TAJ PALACE INDIAN CUISINE -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Taj Palace Indian Cuisine.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/18/99, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #99-0084--300 SOUTH PICKETT STREET-- TRADE CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CDD-8/Coordinated Development District. Applicant: Linderkinder, Inc., trading as Gymboree, by Wilma Hazen.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/18/99, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #99-0072--2402 MOUNT VERNON AVENUE-- YOGA IN DAILY LIFE -- Public Hearing and Consideration of a request for a special use permit for a commercial school with a parking reduction; zoned CL/Commercial Low. Applicant: Yoga in Daily Life, Inc., by Christine Farmer.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/18/99, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #99-0075--214 NORTH FAYETTE STREET-- FIREHOOK OF VIRGINIA -- Public Hearing and Consideration of a review of a special use permit and request to amend the retail hours of operation and to add seating to an existing restaurant and bakery; zoned CRMU-L/Commercial Residential Mixed Use. Applicant: Firehook of Virginia, Inc.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/18/99, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #99-0082--513-625 FIRST STREET--HOLIDAY INN -- Public Hearing and Consideration of a request for a special use permit for a change of ownership and an off-street parking reduction; zoned CD/Commercial Downtown. Applicant: Meristar Hospitality Operating Partnership, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/18/99, and is incorporated herewith as part of this record by reference.)

18. SPECIAL USE PERMIT #99-0080--3325 JEFFERSON DAVIS HIGHWAY-- BASKIN ROBBINS, DUNKIN DONUTS, TOGO’S--POTOMAC YARD -- Public Hearing and Consideration of a request for a special use permit for three restaurants; zoned CDD-10/Coordinated Development District. Applicant: Fide, LLC, by James Renne.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/18/99, and is incorporated herewith as part of this record by reference.)

19. SPECIAL USE PERMIT #99-0025--1623 FERN STREET--ERNIE’S CRAB HOUSE -- Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of a restaurant; zoned CSL/Commercial Service Low. Applicant: Sung Jin Kim.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/18/99, and is incorporated herewith as part of this record by reference.)

21. COORDINATED DEVELOPMENT DISTRICT #99-02--1705 NORTH BEAUREGARD STREET--MARK CENTER PLAZA IA -- Public Hearing and Consideration of a request for an amendment to a coordinated development district (CDD) development concept plan; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/18/99, and is incorporated herewith as part of this record by reference.)

22. DEVELOPMENT SPECIAL USE PERMIT #99-0032--1705 NORTH BEAUREGARD STREET (I-395 AND SEMINARY ROAD)--MARK CENTER PLAZA IA -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, to construct office buildings; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/18/99, and is incorporated herewith as part of this record by reference.)

23. SPECIAL USE PERMIT #99-0067--1705 NORTH BEAUREGARD STREET-- MARK CENTER PLAZA IA -- Public Hearing and Consideration of a request for a special use permit for an amendment to a transportation management plan (TMP) approval; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/18/99, and is incorporated herewith as part of this record by reference.)

24. SPECIAL USE PERMIT #99-0068--346 COMMERCE STREET; 1447 DUKE STREET--SAINT COLETTA’S SCHOOL -- Public Hearing and Consideration of a request for a special use permit for the expansion of a private school; zoned CD/Commercial Downtown. Applicant: St. Coletta’s School, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 5-0-1

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/18/99, and is incorporated herewith as part of this record by reference.)

25. SPECIAL USE PERMIT #99-0074--2018 MOUNT VERNON AVENUE--THAI PEPPERS RESTAURANT -- Public Hearing and Consideration of a review of a special use permit and request to extend the hours of operation for a restaurant; zoned CL/Commercial Low. Applicant: Savitri Sakulsom.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/18/99, and is incorporated herewith as part of this record by reference.)

26. SPECIAL USE PERMIT #99-0085--4926-D EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a day labor agency; zoned OCM-100/Office Commercial Medium. Applicant: All Star Temporaries of Virginia, Inc., by Michael J. Chamowitz.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/18/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the Action Consent Calendar as presented, with the exception of docket item nos. 4, 11, 12, 14, and 20 which were considered under separate motions. The Planning Commission recommendations are as follows:

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

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

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

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

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

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.

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

15. 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 #2.

16. 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 added Condition #15.

17. 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 #4 and the added Condition #8.

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

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

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

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

23. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended Condition #17.

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

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

26. 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 #3 and #8, and deleted Condition #5.

The voting was as follows:

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

4. TEXT AMENDMENT #99-0008--COMMUNITY CENTER -- Public Hearing and Consideration of an amendment to the Zoning Ordinance to add community center use to the following residential zones: RB, RCX, RC, RM, RS and RT.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 9/18/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley noted that staff has requested Council to defer this item because some civic groups did not have a chance to review this item at their civic association meetings.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, City Council deferred this item at the request of staff. The voting was as follows:

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

11. SPECIAL USE PERMIT #99-0078--722 NORTH HENRY STREET; 1106 MADISON STREET -- Public Hearing and Consideration of a review of a special use permit for an automobile repair garage; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Antonio and Delicia Claure.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Mikoniatis' letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 9/18/99, and is incorporated herewith as part of this record by reference.)

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

Peter Mikoniatis, 725 North Henry Street, representing Euro Imports, spoke against this item; and

Barbara Beach, 416 Prince Street, attorney representing European Auto Plus, Inc., spoke in support.

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

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

12. SPECIAL USE PERMIT #99-0079--114 NORTH ALFRED STREET -- Public Hearing and Consideration of a request for a special use permit to operate a massage establishment; zoned CD/Commercial Downtown. Applicant: Joan Porche.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/18/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley asked questions about licensing.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman 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:

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

14. ENCROACHMENT #99-0005--206 WEST MONROE AVENUE; 1509 STONEWALL ROAD -- Public Hearing and Consideration of a request for an encroachment into the public alley right-of-way for a fence; zoned R-5/Residential. Applicant: Oscar and Toby Fitzgerald.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/18/99, and is incorporated herewith as part of this record by reference.)

Council Member Rich asked the status of the McGaffrey letters attached to the staff report and if the City has any responsibility to correct some of the problems mentioned.

Acting Director of Transportation and Environmental Services Director Ruller responded to the questions pertaining to the drainage problems.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman 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:

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

20. CITY CHARTER, SECTION 9.06; CASE #99-02--BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the following properties. Staff: City of Alexandria, Office of Housing.

Potomac East: 711 North West Street
Potomac West: 404 East Alexandria Avenue
221 Aspen Street
404 East Duncan Avenue
3821 Elbert Avenue
39 East Linden Street

COMMISSION ACTION: Approved 6-0

(A copy of the Planning Commission report dated September 7, 1999, together with the City Manager's memorandum dated August 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 20; 9/18/99, and is incorporated herewith as part of this record
by reference.)

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

Robert M. Alexander, 2011 South Glebe Road, attorney representing the owner of 3821 Elbert Avenue, requested extension of time to repair the house.

Code Enforcement Director Dahlberg stated that staff will work with the owner, Dr. Penn.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 5-to-0, City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes and ordinances; and approved the City Manager's recommendation as follows: (1) approved the addition and deletion of the properties listed on pages 2 and 3 of the memorandum to the currently approved List of Blighting Influences in Potomac East and Potomac West; (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the Potomac East and Potomac West properties to be added to the List; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

New Business Item No. 1: Councilman Cleveland recognized a delegation from South Africa.

* * * * *

City Council considered docket item nos. 27 and 28 together.

27. DEVELOPMENT SPECIAL USE PERMIT #98-0011--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct office buildings with an increase in the floor area ratio, and to permit a second mechanical penthouse on a single building, and an off-site crown coverage modification; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney. (#16 5/15/99; #27 4/17/99; #16 3/13/99)

COMMISSION ACTION: Recommend Denial 5-2

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated May 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 9/18/99, and is incorporated herewith as part of this record by reference.)

28. SPECIAL USE PERMIT #98-0106--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for an office development; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney. (#17 5/15/99; #28 4/17/99; #17 3/13/99)

COMMISSION ACTION: Recommend Denial 5-2

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Papazian's memorandum dated April 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated September 13, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated April 30, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of the National Park Service's letter dated May 13, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated September 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated September 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated September 14, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Councilman Speck's memorandum dated September 14, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 9 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated September 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 10 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.

Copies of communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 11 of Item Nos. 27 and 28; 9/18/99, and is incorporated herewith as part of this record by reference.)

After considerable discussion, it was decided to proceed with the public hearing on this item.

WHEREUPON, a motion was made by Councilman Cleveland, seconded by Councilwoman Pepper to deny these requests.

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

Jonathan Rak, 11320 Random Hills Road, #600, Fairfax, attorney representing the applicant, indicated he would be glad to make a full presentation; however, feeling the sense that these special use permits will be denied, he will offer a rebuttal at the end of the public hearing;

Peter Eldridge, 1420 West Abingdon, #408, representing North Old Town Independent Civic Association, spoke against, noted an article which appeared in Preservation Magazine, and encouraged the developer to work with the community; a copy of the article is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 12 of these items;

Debra Johnson, 515-5 Bashford Lane, president, North Old Town Independent Civic Association, spoke against the mass, scale, and traffic;

Katy Cannady, 20 East Oak Street, spoke against; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 13 of these items;

Nancy Goudreau, 509 Bashford Lane, president, Harbor Terrace Homeowners' Association, spoke against; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 14 of these items;

Alan N. Rudd, 2121 Jamieson Avenue, #1801, representing Eisenhower Civic Association, spoke against and suggested looking at the guidelines for Williamsburg;

Sally Ann Greer, president, Canal Way Homeowners' Association, spoke against; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 15 of this item;

Sam Markman, 1032 North Royal Street, president, Watergate of Alexandria Condominium, expressed concern about the Parkway, quality of life, mass, scale, and traffic;

Martin Meisel, 314 Heartstone Mews, OTNCA, spoke in support of a compromise;

Michael J. Demeo, 542 North Saint Asaph Street, president, Shad Row Condominium Association, spoke against;

Laurin M. Baker, 526 Bellvue Place, representing Pitt Street Station Homeowners' Association, spoke against;

Donald F. Mela, 501 Slaters Lane, #722, representing Marina Towers Condominiums, spoke against and expressed concern about traffic;

Michael S. O'Neil, 731 Bernard Street, spoke against;

Barbara L. Clark, 731 Bernard Street, spoke against and expressed concern about traffic and density;

Marian L. Clarke, 400 Madison Street, spoke in support with compromises;

Paul C. Smedberg, 975 Powhatan Street, spoke against and expressed concern about protecting the gateway; suggested that a group should be put together to discuss what should be built there as people really do see this as a gateway to the City;

Bert Steele, 957 Powhatan Street, representing Old Town Gateway Homeowners' Association, spoke against the proposal due to size, appearance and the impact that it would have on the neighborhood;

At 12:25 p.m., Vice Mayor Euille returned to the meeting.

Mark Webster, 1208 Princess Street, president, Inner City Civic Association, spoke against the proposal and expressed concern about the traffic impact;

Greg Trojan, 943 Powhatan Street, spoke against due to the traffic impact;

Ellen Pickering, 103 Roberts Lane, representing Save the George Washington Parkway, spoke against due to mass, and violates the integrity of the Parkway;

Christa Watters, 1186 North Pitt Street, spoke in support; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 16 of this item;

Richard Tonner, 1107 Trinity Drive, spoke in support;

Michael Wilson, assistant superintendent, National Park Service - George Washington Parkway, spoke against and suggested that the City take another look at the zoning along Washington Street;

Jean Thompson, 801 North Pitt Street, spoke in support;

Judy McVay, 207 North Columbus Street, spoke against;

Jonathan Wilbor, 310 South Lee Street, spoke against;

Julie Crenshaw, 816 Queen Street, spoke against;

Poul Hertel, 1217 Michigan Avenue, representing Northeast Citizens Association, spoke against and indicated that the developer needs to do a total rethinking of the proposed development;

Tom Witte, 819 Chetworth Place, spoke against;

Jack Sullivan, 4300 Ivanhoe Place, representing Seminary Hill Association, spoke against the proposal; and

Jonathan Rak spoke to the testimony that was presented.

The public hearing was concluded.

After the public hearing, Councilman Cleveland and Councilwoman Pepper confirmed their motion to deny;

There was considerable discussion on the motion.

WHEREUPON, a substitute motion was offered by Councilman Speck, seconded by Council Member Walker, that the City Council believes that high quality, well designed and carefully planned commercial development is critically important to the City's economic foundation. Development in this area is planned and guided by the master plan, urban design guidelines, Washington Street guidelines, and by architectural and planning review. The City Council believes that this plan, as submitted, has size and density that is incompatible with its vision and that of the National Park Service for the northern entrance to the City from the G.W. Parkway. Accordingly, the City Council denies this application and directs the applicant as follows: Redesign and reengineer buildings 2 and 3 as noted in memorandum to Council dated September 14, 1999; redesign and reengineer building 1 to reduce the south elevation plus or minus twenty-five feet and the east elevation plus or minus six feet; submit new detailed plans and architectural designs for consideration by the Planning Commission and the Board of Architectural Review and then to the City Council no sooner than six months from this date; present a plan to the City Council for approval, for public meetings, citizen discussion and National Park Service consideration; and further, City Council directs that a revised traffic study be completed; and further, that the City Council directs the City Manager to conduct an independent traffic study; which substitute was withdrawn since the maker and seconder accepted Councilman Speck's friendly amendment that the City Council believes that this plan, as submitted, has size and density that is incompatible with its vision and that of the National Park Service for the northern entrance to the City from the G.W. Parkway.

City Attorney Sunderland spoke to Councilman Speck's substitute motion.

Members of City Council participated in the discussion.

Mayor Donley noted that it is clear that this application is going to be denied, and that this particular property is somewhat unique because of its relation with the George Washington Parkway and the Washington Street guidelines which does set it apart from many other properties. He stated that, in this case, the George Washington Memorial Parkway and the relation to this project, its mass, its scale, its size, is not the kind of relationship that we want to use to memorialize the Parkway. In addition, he stated we have heard from a number of citizens that the increase in traffic is a concern, especially during peak hours as motor vehicles travel to and from this project and along adjacent residential streets, the overflow; concern on behalf of citizens that the mass and scale is disproportionate to the lower scale residential properties which is a legitimate concern; the citizens' and Council's concern about this property as it redevelops and the effect or the precedent that it sets for redevelopment of other properties in the area. He indicated that this provides some of the rationale why Council should and probably will deny this application.

Mayor Donley proposed a mechanism that might get us to where we need to be and that is that we look at the creation of a group that sits down and starts talking about what it is we want. Certainly, there is a wealth of talent from amongst the neighbors. Mr. Miesel was mentioned as a distinguished architect and Mr. Smedberg has been involved in this project. We have talent and good talent on our staff. Certainly the National Park Service can be part of this dialogue and obviously the owner has to be an essential part of this. To a degree we need to start, and this group is potentially one that can and there could be others that are interested, a dialogue with what do we want to see, as opposed to what do you think of this? He stated that he thinks that might get us to where we need to be in terms of this project. The time has come to start talking about what it is that we would like to see on the property. How can we better utilize this piece of property as a gateway? His suggestion is that a group be formed and that it at least encompass some of the representatives about whom he talked. That is potentially a way to get us to a project that is probably not going to be unanimous in its support, but it potentially does bring us to consensus. We need to focus on a better way to go about planning what is development at the site.

Councilman Speck withdrew his substitute motion.

The maker and seconder of the main motion accepted Councilman Speck's friendly amendment that it is denying this application because the City Council believes that this plan, as submitted, has size and density that is incompatible with its vision and that of the National Park Service for the northern entrance to the City from the G.W. Parkway.

WHEREUPON, Council returned to the amended main motion made by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council upheld the Planning Commission recommendation and denied the requests, and indicated that it is denying this application because the City Council believes that this plan, as submitted, has size and density that is incompatible with its vision and that of the National Park Service for the northern entrance to the City from the G.W. Parkway. The voting was as follows:

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

Whereupon, at 2:00 p.m., City Council broke for lunch.

Thereupon, at 2:25 p.m., City Council reconvened the meeting and the following transpired:

29. SPECIAL USE PERMIT #99-0051--206 NORTH WASHINGTON STREET--THE IRISH CHANNEL -- Consideration of a request for a special use permit to operate a restaurant with valet parking; zoned CD/Commercial Downtown. Applicant: Stack Enterprises, by Harry P. Hart, attorney. (#17 6/12/99)

COMMISSION ACTION: Recommend Denial 6-0

NOTE: City Council closed the public hearing on June 12, 1999, and deferred this to the September Public Hearing Meeting with the understanding that it is in Council's purview to have public comment.

(A copy of the Planning Commission report dated June 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hart's letter dated September 17, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of a letter dated September 14, 1999, from Peter C. Wylie of TROA to Cdr. Robert J. Agnor, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 29; 9/18/99, and is incorporated herewith as part of this record by reference.)

Harry P. Hart, 306 North Washington Street, attorney representing the applicant, spoke to proposed changes in his memorandum dated September 17, pertaining to parking.

Joseph E. Strickland, 201 North Washington Street, representing The Retired Officers Association, spoke indicating that TROA has no intention of entering into any arrangement for commercial use of its parking lots -- to include their being used for valet parking -- and would take measures to prevent such use.

Members of City Council, Mr. Hart, Mr. Strickland and Planning and Zoning Director Lynn participated in the discussion.

Councilman Speck suggested that the neighbors who are really concerned about this piece of property get in touch with the building owner and Paula Riley, who is the Economic Development Director, who would love to sit down with the neighbors and talk about what kinds of things they want to see there, and what kind of initiatives she and the City can take to get them. He indicated that let's take a rejection of this application and try to turn it into something positive for the property; and, by the same token, let's see if we can work hard to find a space that works logistically for a restaurant of this size.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council affirmed the Planning Commission recommendation and denied the application. The voting was as follows:

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

30. SPECIAL USE PERMIT #99-0060--1018-1021 NORTH HENRY STREET--YATES CAR WASH & DETAIL CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a car wash and detailing facility; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Yates Car Wash & Detail Center, by Jeffrey L. Yates.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/18/99, and is incorporated herewith as part of this record by reference.)

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

Jeffrey Yates, 2525 King Street, spoke in support and requested that Condition #17 be deleted.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted Condition #17. The voting was as follows:

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

31. SPECIAL USE PERMIT #99-0063--5800 EDSALL ROAD--ENTERPRISE LEASING COMPANY -- Public Hearing and Consideration of a review of a special use permit for an automobile sales and rental business; zoned CG/Commercial General. Applicant: Enterprise Leasing Company, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 4-2

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 31; 9/18/99, and is incorporated herewith as part of this record by reference.)

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

M. Catharine Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, attorney representing applicant, requested that Conditions #17, 18, 19, 20, 21 and 22 be deleted since they relate solely to, and are covered by, the SUP for Kline Collision Repair Center, and requested that Condition #7 be revised to delete that portion which pertains solely to Kline Collision Repair Center. She stated that she represents Kline Collision Repair Center and that Kline will comply with the conditions of the special use permit.

Councilwoman Pepper spoke to landscaping and potholes.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the deletion of Conditions #17, 18, 19, 20, 21 and 22, and amended Condition #7 to read: "7. Vehicles shall be parked in an orderly fashion within the spaces identified on and striped according to the previously approved plan." The voting was as follows:

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

32. ENCROACHMENT #99-0006--346 COMMERCE STREET; 1447 DUKE STREET -- SAINT COLETTA'S SCHOOL -- Public Hearing and Consideration of a request for an encroachment into the public sidewalk right-of-way for entrance steps, a wheelchair lift and an areaway; zoned CD/Commercial Downtown. Applicant: Shiloh Baptist Church, by Wayne Neale, architect.

COMMISSION ACTION: Recommend Approval 5-0-1

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/18/99, 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, 306 North Washington Street, attorney representing the applicant, spoke in support and indicated that he will submit an engineer's plat to the satisfaction of the Director of Planning and Zoning.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #4, that the applicant shall submit an engineer's plat to the satisfaction of the Director of Planning and Zoning. The voting was as follows:

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

33. SPECIAL USE PERMIT #99-0071--1313-A POWHATAN STREET--UNITED STATES PATENT MODEL FOUNDATION -- Public Hearing and Consideration of a request for a special use permit for two storage trailers; zoned CSL/Commercial Service Low. Applicant: United States Patent Model Foundation, by Jerry Green.

COMMISSION ACTION: Recommend Denial 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/18/99, and is incorporated herewith as part of this record by reference.)

It was noted that the applicant was not present.

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

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

34. SPECIAL USE PERMIT #99-0081--111 NORTH PITT STREET -- PAT TROY’S RESTAURANT AND PUB -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Pat Troy’s Restaurant and Pub, by Pat Troy.

COMMISSION ACTION: Recommend approval 5-1

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/18/99, and is incorporated herewith as part of this record by reference.)

Due to the fact that the applicant has made application at his employer's bank, Mayor Donley recused himself from participating in the discussion and consideration of this item.

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

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support;

Robert Aronson, 429 Cameron Street, spoke against and expressed concern about another restaurant being grandfathered at the property located at 132 North Royal Street, and was concerned about the location and hours of the new restaurant; copies of two petitions submitted by Mr. Aronson are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of this item;

City Manager Lawson read a letter from the owner of the property which indicated that a five-year lease has been approved for the space located at l32 North Royal Street, which is to be used by the Registrar's Office as office space.

Ellison S. Burton, 202 North Royal Street, spoke against;

Charles H. Sellon, 210 North Royal Street, spoke against;

Philip G. Matyas, 219 North Pitt Street, spoke against; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Jonathan Wilbor, 310 South Lee Street, representing Old Town Civic Association, expressed concern about a grandfathered restaurant and that the special use permit be conditioned upon an executed lease for a non-grandfathered use of the current space, supported the staff's recommendation regarding hours, and requested that the Pitt Street doors be used as fire exits and that the main entrance be from Tavern Square;

Michael E. Hobbs, 419 Cameron Street, spoke to the grandfathering issue; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Rick Boyd, 1018 Allison Street, representing the applicant, spoke in support and requested the same hours for the new restaurant as the current one has so that closing is at 2:00 a.m. seven days a week;

James E. Griffin, 2121 Columbia Pike, #306, Arlington, spoke in support, with hours of operation being to 2:00 a.m. seven days a week;

Janet Poleski, 132 North Royal Street, representing the applicant, spoke in support and that the hours of operation be to 2:00 a.m. seven days a week; and

Betsy Andratta, 429 Cameron Street, requested that the outdoor seating be on Tavern Square side.

The public hearing was concluded.

(General discussion.)

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker 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, and the amended Condition #8 and deleted Condition #14, subject to the following amendments: (1) amendments to Condition #3 so that the condition reads: "3. Outdoor dining shall be limited to 50 seats on the Tavern Square side of the restaurant, the hours of which shall be approved by the Director of Planning and Zoning."; (2) amendments to Condition #6 so that the condition reads: "6. The hours of operation shall be from 9:00 a.m. to 2:00 a.m. seven days a week, which shall mean that patrons may enter the restaurant starting at 9:00 a.m. and that all patrons shall have left the restaurant by 2:00 a.m."; and (3) amended by adding a new Condition #21 to read: "21. This special use permit is conditioned upon the execution of a lease covering the space at 132 North Royal Street that is currently occupied by the applicant, pursuant to which the space will be occupied by a non-grandfathered land use." The voting was as follows:

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

35. VACATION #99-0002--1420 WEST ABINGDON DRIVE--MASON HALL APARTMENTS -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned RC/Residential. Applicant: Columbia Realty Venture, by Douglas E. McKinley, and appointment of viewers for same.

COMMISSION ACTION: Recommend approval 6-0

(A copy of the Planning Commission report dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sanderson's memorandum dated September 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 35; 9/18/99, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 35; 9/18/99, and is incorporated herewith as part of this record by reference.)

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

Douglas E. McKinley, 100 North Pitt Street, attorney representing applicant, spoke in support;

Michael S. O'Neil, 731 Bernard Street, spoke in support with conditions that Mason Hall repair the hole in the fence at the end of Bernard Street, and ask that restoring the area behind the building to grass with landscaping be required;

Barbara L. Clark, 731 Bernard Street, spoke in support with same conditions as stated above by her husband; and

Poul Hertel, 1217 Michigan Court, representing Northeast Citizens Association, spoke in support as recommended by the residents of Bernard Street;

General Discussion. Members of Council, Attorney McKinley, and Ms. Clark participated in the discussion.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, and approved the request, subject to compliance with all applicable codes, ordinances, and staff recommendations, and the amended Condition #1 and the added Condition #6, with the clarification that Condition #6 be interpreted to require that the fence be repaired and not simply replaced with a gate; [and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Paul Smedberg, chair, Kellie Meehan and Katrine Fitzgerald as Viewers.] The voting was as follows:

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

Ms. Clark asked a question with respect to Condition #1.

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council moved to reconsider docket item no. 35. The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances, and staff recommendations, and the amended Condition #1 and the added Condition #6, with the clarification that Condition #6 be interpreted to require that the fence be repaired and not simply replaced with a gate; and amended Condition #1 to include that the area behind the building is to be restored to grass with landscaping and the cost of that may be offset against the price; [and authorized the Mayor to appoint Viewers. The Mayor subsequently appointed Paul Smedberg, chair, Kellie Meehan and Katrine Fitzgerald as Viewers.] The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

36. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to require owners of buildings that have been continuously vacant for more than 12 months to annually register the building with the city, to impose an annual $25 registration fee on such owners, to impose a civil penalty of $250 on any owner who fails to register such a building which is located in a conservation or rehabilitation district or in an area designated as blighted by city council, and, in all other instances, to impose a civil penalty of $50. (#18 9/14/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 9/18/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4068

AN ORDINANCE to add a new Article H (REGISTRATION OF VACANT BUILDINGS) to Chapter 1 (BUILDING CODE), Title 8 (BUILDING CODE REGULATIONS), of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1, Title 8 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Article H to read as follows:

Article H

Registration of Vacant Buildings

Sec. 8-1-130 Vacant building registration.

(a) The owner of a building which has been continuously vacant for a period of 12 months or more must register the building with the director of code enforcement; provided, that a building shall be deemed “continuously vacant,” as that term is used in this subsection, even if it is sporadically or intermittently occupied during the twelve-month period.

(b) “Director” shall mean the director of code enforcement, or the director’s designee.

(c) To register a building, the owner, or the owner’s agent for the building, shall provide the following information to the director:

(1) the address of the vacant building;

(2) the name, address and telephone number of the owner and the owner’s agent;

(3) a detailed statement which estimates how long the building is likely to remain vacant, and the reasons for it remaining vacant during that period;

(4) a description of the measures that will be taken while the building is vacant to ensure that the property is maintained in compliance with all applicable building and health codes;

(5) proof that the owner or agent has implemented an on-going rodent abatement and prevention plan for the interior and exterior of the building; and

(6) if the building is located in a historic district established by Article X of the Zoning Ordinance of the City of Alexandria, or in any conservation or rehabilitation district established by city council, or in an area that has been declared blighted by city council, a description of the measures that will be taken to ensure that the building does not sustain significant structural damage due to neglect.

(d) The building owner shall pay an annual registration fee of $25. The fee shall be paid at the time that the building is initially registered. For each subsequent year, or any part of such year, that the building remains continuously vacant, an annual and non-refundable fee of $25 shall be paid within 15 days of the anniversary date of the building’s initial registration.

(e) The director shall develop and make available a standardized form for registration. Completed forms shall be filed with and maintained by the director.

Sec. 8-1-131 Violations and penalties.

(a) Failure to register a vacant building as required by this article shall be a civil violation punishable by a civil penalty of $50; provided, that failure to register a vacant building in a historic district established by Article X of the Zoning Ordinance of the City of Alexandria, or in a conservation or rehabilitation district established by city council, or in an area that has been designated as blighted by city council, shall be punishable by a civil penalty of $250.

(b) The director shall mail to the owner of a registered vacant building notice of the upcoming anniversary of the initial registration date and of the need to renew the registration of the building if it remains vacant. The notice shall warn the owner that a civil penalty will be imposed pursuant to this section if the owner fails to renew the registration within 15 days of the anniversary of the building’s initial registration.

(c) Notice of the imposition of a civil penalty pursuant to this section shall be mailed to the owner, at the address to which property tax notices are sent, at least 30 days prior to the imposition of the penalty. The notice and any subsequent enforcement action shall comply with the provisions of city code § 1-1-11.

Section 2. That this ordinance shall become effective on December 1, 1999.

KERRY J. DONLEY
Mayor

Introduction: 9/14/99
First Reading: 9/14/99
Publication: 9/15/99; 9/16/99
Public Hearing: 9/18/99
Second Reading 9/18/99
Final Passage: 9/18/99

* * * * *

37. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to provide recovery of administrative costs incurred by the city in the collection of nuisance abatement liens, and for the recovery of reasonable attorney’s fees or collection agency’s fees incurred by the city in the collection of delinquent taxes and nuisance abatement liens. (#19 9/14/99) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 9/18/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4069

AN ORDINANCE to enact new Section 1-1-13 (PAYMENT OF ADMINISTRATIVE COSTS) of Chapter 1 (USE AND INTRODUCTION), Title 1 (GENERAL PROVISIONS), and to amend and reordain Section 3-2-230 (WHEN TAXES DUE; DELINQUENT TAXES; PENALTY) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT), all of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 1 of Title 1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding new section 1-1-13 to read as follows:

Sec. 1-1-13 Payment of costs.

In the event the city abates any nuisance on private property, charges the cost and expense of such abatement to the owner of such property, and the unpaid charges for such abatement constitute a lien against such property, as provided in this code, the city may impose on the owner of such property, in addition to the unpaid charges for such abatement, a fee to cover the administrative costs and reasonable attorney’s fees or collection agency’s fees actually contracted for by the city. The fee for administrative costs shall be the lesser of $150 or 25 percent of the amount of the costs, but in no event less than $25. The attorney’s fees or collection agency’s fees shall not exceed 20 percent of the amount of the lien. Any fees imposed pursuant to this section which remain unpaid shall also constitute a lien against such property. As used in this section, “nuisance” shall include, but not be limited to, the conditions identified as such in this code, or in sections 15.2-900 or 15.2-1115 of the Code of Virginia (1950), as amended.

Section 2. That Section 3-2-230 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. 3-2-230 When taxes due; delinquent taxes; penalty.

(a) The taxes levied on tangible personal property, on machinery and tools, and on mobile homes, motor vehicles, boats and trailers, except those which become subject to said tax after September 5, shall be due and payable to the director of finance on or before October 5 of the year from which they are levied and shall be considered delinquent after that date. To all of said taxes so delinquent there shall be added and collected as a part thereof a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest at the rate of 10 percent per annum on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. There shall also be due, in addition to all penalties and interest, fees for administrative costs and reasonable attorney’s fees or collection agency’s fees incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

(b) The taxes levied on motor vehicles, boats and trailers which become subject to taxation between September 6 and December 31 of any given year shall be due and payable not more than 30 days after they become so subject to taxation. These taxes shall be considered delinquent if not paid on or before the thirtieth day from the date any motor vehicle, boat or trailer becomes subject to taxation. To all taxes so delinquent, there shall be added and collected as a part thereof, a penalty of 10 percent or $10, whichever is greater; provided, however, that the penalty shall in no case exceed the amount of tax due. In addition thereto, interest at the rate of 10 percent per annum on the taxes and penalty shall commence on the first day following the day such taxes are due and shall continue until all such taxes and penalty are paid. There shall also be due, in addition to all penalties and interest, fees for administrative costs and reasonable attorney’s fees or collection agency’s fees incurred in the collection of such taxes, not to exceed the maximum permitted under section 58.1-3958 of the Code of Virginia (1950), as amended.

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

KERRY J. DONLEY
Mayor

Introduction: 9/14/99
First Reading: 9/14/99
Publication: 9/15/99; 9/16/99
Public Hearing: 9/18/99
Second Reading 9/18/99
Final Passage: 9/18/99

* * * * *

38. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation for 309 North Patrick Street from RM/Residential Medium to CL/Commercial Low with proffer. (#20 9/14/99) [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 Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4070

AN ORDINANCE to amend and reordain the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such master plan as Master Plan Amendment No. 99-0007 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendment.

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

1. In Master Plan Amendment No. 99-0007, an application has been made to amend the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, by changing the land use designation of the property known as 309 North Patrick Street from RB/Residential to CL/Commercial Low.

2. The said amendment has heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map of the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia, be, and the same hereby is, amended to change the land use designation of the property known as 309 North Patrick Street (Zoning Map and Tax Map Parcel No. 64.04-01-07 from RB/Residential to CL/Commercial Low, as shown on the sketch plan entitled “MPA # 99-0007 REZ # 99-0008,” dated June 1, 1999, attached hereto and incorporated fully herein by reference.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendment as part of the Braddock Road Metro Station Small Area Plan Chapter of 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 3. That the 1992 Master Plan (1998 ed.) of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

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

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

KERRY J. DONLEY
Mayor

Attachment

Introduction: 9/14/99
First Reading: 9/14/99
Publication: 9/15/99; 9/16/99
Public Hearing: 9/18/99
Second Reading 9/18/99
Final Passage: 9/18/99

* * * * *

Plat for 4070

39. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the zoning ordinance to rezone the property at 309 North Patrick Street from RB/ Residential to CL/Commercial Low. (#21 9/14/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4071

AN ORDINANCE to amend and reordain Sheet No. 64.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES), of the City of Alexandria Zoning Ordinance, by rezoning the property at 309 North Patrick Street (ZONING MAP AND TAX MAP PARCEL NO. 64.04-01-07) from the RB/Townhouse Zone to the CL/Commercial Low Zone, subject to a proffer (REZ No. 99-0008), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been submitted to rezone the property known as 309 North Patrick Street (Zoning Map and Tax Map Parcel No. 64.04-01-07), from the RB/Townhouse Zone to the CL/Commercial Low Zone, subject to a proffer.

2. The said rezoning is in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended;

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 64.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Zoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

309 North Patrick Street (Zoning Map and Tax Map Parcel No. 64.04-01-07), comprising 2,975 square feet of land, more or less, as shown on the sketch plan entitled “MPA # 99-0007 REZ # 99-0008,” dated June 1, 1999, attached hereto and incorporated herein by reference.

FROM: RB/Townhouse Zone

TO: CL/Commercial Low Zone

Subject, however, to the following proffer:

The property shall be used only as an office in connection with the adjacent funeral home at 311 North Patrick Street, and residential uses as permitted under the CL/Commercial Low Zone.

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

Section 3. That Sheet No. 64.04 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment

Introduction: 9/14/99
First Reading: 9/14/99
Publication: 9/15/99; 9/16/99
Public Hearing: 9/18/99
Second Reading 9/18/99
Final Passage: 9/18/99

* * * * *

Plat for 4071

40. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate the public street rights-of-way of East Campus Drive and West Campus Drive on the campus of Northern Virginia Community College. (#23 9/14/99) [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 Councilwoman Pepper, seconded by Council Member Rich and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4072

AN ORDINANCE to vacate the public street rights-of-way of East Campus Drive and West Campus Drive, located on the Northern Virginia Community College Campus, in the City of Alexandria, Virginia.

WHEREAS, the City of Alexandria, Department of Transportation & Environmental Services ("Applicant"), wishes to vacate East Campus Drive and West Campus Drive, which are located on the Northern Virginia Community College Campus (“NVCC”) between North Beauregard Street and Dawes Avenue and between Fillmore Avenue and Dawes Avenue, respectively, in the City of Alexandria Virginia; and

WHEREAS, the two rights-of-way to be vacated by this ordinance were dedicated to the City of Alexandria in 1975 by the Commonwealth of Virginia, State Board for Community Colleges, and recorded in Deed Book 827, page 208 among the land records of the City of Alexandria, and are shown on the plat prepared by R.E. Wiley, City of Alexandria Department of Transportation and Environmental Services and dated July 19, 1975 (“Plat”) (attached hereto); and

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

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

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

WHEREAS, in consideration of the report of the viewers recommending the vacation, of other evidence relative thereto and of the NVCC’s agreement to comply with the conditions set forth below, the Council of the City of Alexandria has concluded that the rights-of-way are no longer needed for public use and that it is in the public interest that they be vacated; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That East Campus Drive and West Campus Drive, the rights-of-way granted to the City of Alexandria in 1975 by the Commonwealth of Virginia, State Board for Community Colleges, and which are recorded in Deed Book 827, page 208 among the land records of the City of Alexandria and shown on the Plat, be, and the same hereby are, vacated.

Section 2. That this vacation be, and hereby is, subject to the conditions set forth below:

1. NVCC shall reserve easements for all public utilities to the satisfaction of the Director of Transportation & Environmental Services.

2. NVCC shall dedicate an emergency vehicle easement over the existing West Campus Drive and the relocated East Campus Drive to the satisfaction of the fire marshal.

3. NVCC shall provide an easement, satisfactory to the City Attorney in form and substance, to allow public ingress and egress over the existing or relocated streets within the campus.

Section 3. That the city manager be and hereby is authorized to do on behalf of the City of Alexandria all things necessary or desirable to carry into effect this vacation, including the execution of documents.

Section 4. That the city clerk be and hereby is authorized to attest the execution by the city manager of all documents necessary or desirable to carry into effect this vacation, and to affix thereon the official seal of the City of Alexandria, Virginia.

Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth in section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of COMMONWEALTH OF VIRGINIA, STATE BOARD FOR COMMUNITY COLLEGES.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 9/14/99
First Reading: 9/14/99
Publication: 9/15/99; 9/16/99
Public Hearing: 9/18/99
Second Reading 9/18/99
Final Passage: 9/18/99

* * * * *

Plat for 4072

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (41-45)

Planning Commission (continued)

41. SPECIAL USE PERMIT #99-0048--4555 SEMINARY ROAD -- Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned R-8/Residential. Applicant: About Early Learning School, by Duncan W. Blair, attorney. (#16 6/12/99)

COMMISSION ACTION: Recommend Approval 6-0

Note: This action is stayed pending final decision of the Board of Zoning Appeals. Since this was advertised for public hearing, it was necessary to list it on the docket.

42. TEXT AMENDMENT #99-0005 -- SPECIAL EVENTS -- Public Hearing and Consideration of an amendment to the Zoning Ordinance to provide for the regulation of special events.

COMMISSION ACTION: Deferred 6-0

43. SPECIAL USE PERMIT #99-0032--1217 FIRST STREET--ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review of a special use permit for the existing automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Nasir Kashmiri.

COMMISSION ACTION: Deferred (Improper Notice)

44. SPECIAL USE PERMIT #99-0059--4115 MOUNT VERNON AVENUE-- PIZZA HUT -- Public Hearing and Consideration of a request for a special use permit to expand the hours of operation of the existing restaurant; zoned CL/Commercial Low. Applicant: Pizza Hut Inc., by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Deferred (Applicant's Request)

45. ENCROACHMENT #99-0004--3100-3102 COMMONWEALTH AVENUE--COMMONWEALTH TERRACE APARTMENTS -- Public Hearing and Consideration of a request for an encroachment into the public alley right-of-way for additional parking, a dumpster and a fence; zoned CL/Commercial Low. Applicant: Commonwealth Terrace Apartments, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred (Applicant's Request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, at 5:10 p.m., the Public Hearing Meeting of Saturday, September 18, 1999, was adjourned. The voting was as follows:

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

* * * * *

APPROVED BY:

__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:

_____________________________________________
Beverly I. Jett, CMC City Clerk

The Meeting was adjourned at 5:10 p. m.

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.

* * * * *

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

The Northern Virginia 2020 Transportation Public Forum will be held on Tuesday, September 21, 1999, at 7:30 p.m. in Room 2000, City Hall Alexandria, Virginia.

For copies of the 2020 Plan summary brochure, please call 838-4966.