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Public Hearing Meeting
Saturday, December 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; Ms. Plemmer, Assistant City Manager; Mr. Neckel, Director of Finance; Mr. Dahlberg, Director of Code Enforcement; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner, Planning and Zoning; Mr. Ruller, Acting Director of Transportation and Environmental Services; Mr. Smith, Board of Architectural Review Staff; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Fire Chief Hawkins; 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.

New Business Item No. 1: Mayor Donley noted that December 14, was the 200th Anniversary of George Washington's death. His funeral is being reenacted today at Mount Vernon.
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2. Public Discussion Period.

(a) Debra Johnson, 515-5 Bashford Lane, representing NOTIC, spoke to a problem with loading docks and delivery trucks for Trader Joe's at Saul Center on North Washington Street. She stated that you cannot fit a 60-foot truck into a 25-foot bay. Ms. Johnson requested Council to direct Planning and Zoning Director Lynn to go to the Saul Center representatives to ask them to bring a plan before the Commission and to allow it to get on the docket immediately, or at least to meet with the representatives that need to be met with so that the residents have an idea of what is going on or what they can anticipate.





(b) Michael J. Demeo, 542 North Saint Asaph Street, representing Shad Row Homeowners' Association, spoke to trucks unloading at the Saul Center on North Washington Street which they feel does not comply with the special use permit. He stated that during the sup approval process, Saul Center assured neighbors, City planners, the Planning Commission and the Board of Architectural Review that the tenants there would use the off-street loading dock on Wythe Street. He indicated that despite these formal statements the developer has repeatedly attempted to establish loading plans that utilize non-approved loading locations. Mr. Demeo expressed the main concern of the immediate residents abutting the Saul Center is, and always has been, that they not place loading dock activity across from residential. He requested City Council to ask the Director of Planning and Zoning to contact the developer to ask for a written explanation of what the loading plans are so that the neighbors can know now.

Mayor Donley asked Planning and Zoning Director Lynn to prepare a summary memorandum to the City Council regarding the status of Trader Joe's coming to the Saul Center. He suggested that a meeting be convened with Trader Joe's and its representative to discuss this issue.

Councilman Speck agreed with the Mayor's comments and wanted to find out what are the contentious issues.

(c) Carroll George, 7528-B Coxton Court, spoke to a merging strategy for the Woodrow Wilson Bridge.

(A copy of Mr. George's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(c); 12/18/99, and is incorporated herewith as part of this record by reference.)

(d) Wanda McKeon, 116 South Alfred Street, representing the Chamber of Commerce and KSMET, spoke in support of the PTO coming to Alexandria.

(e) Mike Hentman, 519 East Duncan Avenue, raised concerns about the Eugene Simpson Field dog run.

Recreation, Parks and Cultural Activities Director Whitmore spoke to this issue.

Mayor Donley stated that we should reach some consensus on this issue by May.

Councilman Cleveland offered that staff think about the location near the Carlyle Towers' tennis courts by the train yards where there is a large open area which could be considered for a dog run area.

Vice Mayor Euille noted that Council has gotten similar concerns from other neighborhoods. He requested that Recreation, Parks and Cultural Activities Director Whitmore look at this as a City-wide problem and to seek long-term solutions for the problem.

(f) Laura A. Williams, 513 East Duncan Avenue, also spoke to the problem with the dog run at Simpson's Field.



(g) Poul Hertel, 1217 Michigan Court, representing Northeast Citizens' Association, spoke to the process of undergrounding the power lines at Old Town Gateway and requested that the undergrounding come to a timely conclusion.

Acting Transportation and Environmental Services Director Ruller spoke to this issue.

Mayor Donley requested that Mr. Ruller provide Council with a status report and also provide a copy of the status report to Mr. Hertel so that he can advise the citizens in that area.

(h) Julie Crenshaw, 816 Queen Street, spoke to traffic problems in the area.

(i) Katy Cannady, 20 East Oak Street, spoke against bringing PTO to Carlyle.

(j) Elizabeth Rudd, 2121 Jamieson Avenue, Apartment 1801, representing Eisenhower Civic Association and the Citizens' Coalition Against Duke/King Gridlock, read a letter from Lillie Finklea in opposition to the PTO due to traffic.

(A copy of Ms. Finklea's letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(j); 12/18/99, and is incorporated herewith as part of this record by reference.)

(k) Bert Ely, 415 1/2 Prince Street, representing the Coalition For A Sensible Bridge, spoke to the Woodrow Wilson Bridge situation.

(A copy of Mr. Ely's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(k); 12/18/99, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper noted that there are going to be three dredgings of the river in our immediate vicinity. She indicated that she chairs a committee of NVPDC that is looking into the aquatic effects of the dredging.

(l) Gerald C. Lovelady, 513 East Duncan Avenue, spoke to the health considerations of those who live near the dog run at Simpson's Field. He noted that during rain the feces are washed into the alley behind the residences and leave a very unpleasant odor. Mr. Lovelady requested the City to place some type of deodorization and some kind of policing in the area to help remove the odor. During damp situations, the odor is unbearable. He noted that they were not notified that the dog run was going to be put in their neighborhood and would like to be notified in the future about anything that would affect the neighborhood.

Mayor Donley requested Acting Transportation and Environmental Services Director Ruller to clean the alley on a regular weekly basis to try to eliminate the odors.






(m) Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke to the pulling of the old pilings at the Old Town Yacht Basin. He requested, before the project goes any further and before any funds are expended for the pulling of the pilings, that City Council schedule a public forum so that the neighbors and OTCA can discuss exactly how that money might best be spent to improve Windmill Park and to benefit the neighborhood and the citizenry at large.

Recreation, Parks and Cultural Activities Director Whitmore noted that the Waterfront Committee recently had a meeting addressing this issue.

Acting Transportation and Environmental Services Director Ruller stated that they have hired a professional firm that does waterfront improvement projects to put together a full scope of work for this project that included all of the bulkhead repairs that were needed in the area, some of the stuff behind the Torpedo Factory, and the pilings, as well. He indicated that they should report within the next month or so on the actual scope and what it will take to do all of the work.

Members of City Council, City Manager Lawson, City Attorney Sunderland, Mr. Wilbor, and Acting Transportation and Environmental Services Director Ruller participated in the discussion.

Council Member Walker announced that the Waterfront Committee meets Tuesday morning, December 21, at 7:30 a.m. at Lee Center to look at waterfront habitats, and noted that it is a good idea to try to put together a chronology. She noted that she believes that the Windmill Park concept was heard by the Waterfront Committee, by the Parks and Recreation Committee, and at a public hearing by City Council. It was docketed with other waterfront items.

City Council requested staff to provide it with a status report on this matter at the Second Meeting in January with the possibility for limited testimony that evening.

(n) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-17)

Planning Commission

Without Objection, City Council removed docket item nos. 8, 14, 15, and 17 from the Consent Calendar.

3. DEVELOPMENT SPECIAL USE PERMIT #99-0053 -- 1623 DUKE ST -- Public Hearing and Consideration of a request for extension of a development special use permit, with site plan, for construction of an office building with modifications and temporary trailer for sales; zoned OCH/Office Commercial High. Applicant: Mostafa Movahed, by Harry P. Hart, attorney.



(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/18/99, and is incorporated herewith as part of this record by reference.)

4. SPECIAL USE PERMIT #99-0058 -- 4116 WHEELER AV -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned I/Industrial. Applicant: Cheryl Edwards.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/18/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0089 -- 1020 ORONOCO ST -- Public Hearing and Consideration of a request for a special use permit for a parking reduction; zoned RB/Townhouse. Applicant: Carolyn and Michael Landi.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/18/99, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #99-0121 -- 4825-A EISENHOWER AV -- EISENHOWER CAFE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of an existing restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Sang Kim.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/18/99, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #99-0122 -- 3601 EISENHOWER AV -- Public Hearing and Consideration of a request for a special use permit change of ownership for a restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Eui Soo Jeon, by Jae H. Kim.

COMMISSION ACTION: Recommend approval 7-0

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





9. SPECIAL USE PERMIT #99-0125 -- 700 KING ST -- XANDO RESTAURANT -- Public Hearing and Consideration of a request for amendment to a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Xando Inc., by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend approval 7-0

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

10. SPECIAL USE PERMIT #99-0127 -- 4651 KING ST -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CG/Commercial General. Applicant: William and Sylvia Zambrano.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/18/99, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #99-0132 -- 3918 BRUCE ST -- Public Hearing and Consideration of a request for a special use permit to operate a day care center; zoned RA/Multi-family. Applicant: Arlandria Chirilagua Housing Corporation, by Silvia Portillo.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/18/99, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #99-0134 -- 4646 SEMINARY RD -- FRANCIS C HAMMOND MIDDLE SCHOOL -- Public Hearing and Consideration of a request for a special use permit for two trailers for classroom use; zoned R-8/Single family. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend approval 7-0

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

13. SPECIAL USE PERMIT #99-0135 -- 1470-A N BEAUREGARD ST -- SHOPS AT MARK CENTER -- SUBWAY RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Subway Real Estate Corporation, by Christopher Decre.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/18/99, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #99-0136 -- 5800 EDSALL RD -- KLINE COLLISION REPAIR CENTER -- Public Hearing and Consideration of a review of a special use permit for an automobile repair business; zoned CG/Commercial General. Applicant: Kline Collision Repair Center, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 12/18/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of docket item nos. 8, 14, 15, and 17, which were considered under separate motions. The recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation.


13. City Council approved the Planning Commission recommendation.

16. City Council approved the Planning Commission recommendation.

The voting was as follows:

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

8. SPECIAL USE PERMIT #99-0123 -- 532 KING ST -- STARBUCKS COFFEE COMPANY -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Starbucks Coffee Company, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke to the violations of the special use permit in addition to the policing of trash; and

Cathy Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, VA, attorney representing the applicant, spoke in support.

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

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

14. DEVELOPMENT SPECIAL USE PERMIT #99-0052 -- 1225-1229 KING ST -- Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, to construct a mixed use office and retail building with an increase in floor area ratio, and zone transition and vision clearance modifications; zoned CD/Commercial Downtown. Applicant: 1225-1229 King Street Associates, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/18/99, and is incorporated herewith as part of this record by reference.

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

Duncan W. Blair, 212 South Alfred Street, attorney representing the applicant, spoke in support of the application, and spoke to subdividing.

Planning and Zoning Director Lynn and Planning and Zoning Division Chief Johnson spoke to the request for subdivision.

Councilman Speck requested staff to provide a traffic analysis to see if there is a need for a traffic light at the intersection of King and Payne Streets.

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

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

15. SPECIAL USE PERMIT #99-0065 -- 2838 DUKE ST -- DUKE STREET MOBIL -- Public Hearing and Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/18/99, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to condition #22, and disclosed that this is the gas station from which he gets his gas.

Councilman Cleveland also disclosed that he uses this gas station.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation, and amended condition #22 to read: "22. The Director of Planning and Zoning shall review the special use permit one year from approval and shall docket the matter for consideration by the Planning Commission and City Council if (a) there have been documented violations of the permit conditions, (b) the director has received a request from any person to docket the permit for review, or (c) the director has determined that there are problems with the operation of the use and that new or revised conditions are needed." The voting was as follows:

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


17. SPECIAL USE PERMIT #99-0114 -- 117 KING ST -- Public Hearing and Consideration of a request for a special use permit for the expansion of an existing restaurant; zoned CD/Commercial Downtown. Applicant: Landini Brothers Inc., by Franco Landini.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the City Clerk's memorandum dated December 13, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke; and

Franco Landini, 115 King Street, applicant, was available for questions.

Planning and Zoning Deputy Director Ross answered questions posed by Members of Council.

Vice Mayor Euille commented for the public's edification even though this is a request at this particular restaurant location for a seating increase for an additional 78 seats, he noted for the record that staff has commented in its report that due to other significant changes of the restaurant closures and seating adjustments in that particular block of King Street that the end result is only a net 10 seat increase. He indicated that this is more significant than the 78 seats that will be allotted to this particular restaurant.

Councilman Speck noted that everybody needs to be reminded about how important it is to remind employees who drive to work to use off-street parking.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation. The voting was as follows:

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

THEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council moved to reconsider this item. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker out of room
Mr. Landini spoke to condition nos. 7, 9 and 10.

Mayor Donley suggested that condition #9 be deleted and suggested that condition #10 might read, "10. Live entertainment, such as an acoustical guitarist, is permitted and that music or amplified sound shall not be audible at the property line." (Staff was requested to provide the standard language for background music.)

On December 28, 1999, staff provided the following standard language where entertaining is allowed:

"Live entertainment shall be permitted which is subordinate to the principal function of the restaurant as an eating establishment. No admission or cover fee shall be charged. Any advertising of the entertainment shall reflect the subordinate nature of the entertainment by featuring food service as well as the entertainment."

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation with the following amendments: deletion of condition #7, and a modification or a combination of condition nos. 9 and 10, with the standard language provided by staff as requested by the Mayor. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. DEVELOPMENT SITE PLAN #99-0027 -- 1708-1710 PRINCE ST -- PRINCE ST OFFICE BUILDING -- Public Hearing and Consideration of an appeal from the decision of the Planning Commission, on November 4, 1999, denying a request for a development site plan to construct an office building located at 1708-1710 Prince Street, zoned OCH/Office Commercial High. APPLICANT AND APPELLANT: Mark H. Fields, engineer, by Robert L. Calhoun, attorney.
(A copy of the Planning Commission report dated November 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated November 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hunt's letter dated December 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 18; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Robert L. Calhoun, 510 King Street, attorney representing the applicant, requested that this item be deferred to the January Public Hearing Meeting.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council deferred this until the January 22 Public Hearing Meeting for further staff work and consultation with the interested citizens. The voting was as follows:

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

19. SPECIAL USE PERMIT #99-0133 -- 1005 MT VERNON AV -- GEORGE WASHINGTON MIDDLE SCHOOL -- Public Hearing and Consideration of a request for a special use permit for two trailers for classroom use; zoned RB/Townhouse. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the additional conditions which were recommended by the Planning Commission and inadvertently omitted from the staff report in the docket package is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association's letter dated December 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 19; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

School Board Member Digilio spoke to condition #4 to which the School Board is agreeable.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

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



Board of Architectural Review

20. CASE BAR-99-0186 -- 718 NORTH WASHINGTON STREET -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on November 3, 1999, granting, as amended, a request for approval of a rear deck, stairs, and ramp and after-the-fact approval of painting the building at 718 North Washington Street, zoned CD-X Commercial Downtown. APPLICANT AND APPELLANT: Edward D. Hubacher.

BOARD ACTION: Approved, as amended 6-1

(A copy of the Board of Architectural Review report dated December 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated November 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 12/18/99, and is incorporated herewith as part of this record by reference.

Photographs provided by the applicant are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 20; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Edward D. Hubacher, 718 North Washington Street, applicant and appellant, spoke in support of the appeal and responded to questions asked by Members of Council;

Oscar Fitzgerald, 206 West Monroe Street, representing the Board of Architectural Review, Old and Historic Alexandria District, provided the Board's position on this item and responded to questions asked by the Members of Council; and

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke against the appeal.

General Discussion. Members of City Council, Mr. Hubacher, Planning and Zoning Director Lynn and Board of Architectural Review staff person Smith participated in the discussion.

Staff was requested to do a better job of getting BAR information to citizens and potential homeowners.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council upheld the decision of the Board of Architectural Review and denied the request, and permitted a December 31, 2000, completion date for the removal of the paint. The voting was as follows:

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

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to authorize city council, when considering special use permit applications for residential developments proposed to be located within residential permit parking districts, to deny or limit the eligibility of the proposed development's residents to receive district parking permits. (#22 12/14/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated December 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/18/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

Frances T.H. Hallihan, 104 Pommander Walker, spoke in support.

Councilman Speck requested that an ordinance be docketed to change the boundaries and to remove Ford's Landing from Zone 1. The ordinance and the Ford's Landing parking plan will be brought forward at the first meeting in February.

WHEREUPON, upon motion by Councilman Speck, 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:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4096

AN ORDINANCE to amend and reordain Section 5-8-74 (PARKING PERMITS; ISSUANCE) of Article F (PERMIT PARKING DISTRICTS), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES), of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-8-74 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. 5-8-74 Parking permits; issuance.




Except as provided in subsection (6), the city manager shall, upon payment of the fee provided for by this article, issue permits to natural, but not corporate, persons who reside in a dwelling located within the boundaries of a permit parking district authorizing the parking of motor vehicles in such district for more than the consecutive hour limitation in effect in the district, as follows:

(1) to persons who reside in a permit parking district or to persons who both reside in a dwelling located on a block adjacent to an existing permit parking district where parking on said block is controlled by time limits set by official signs or metered parking and lack adequate alternative nearby parking facilities available to them, as determined by the city manager or her designee, one permit for each vehicle belonging to such persons for which the persons have paid all personal property taxes imposed thereon by the city and which displays a valid license windshield tag issued pursuant to the provisions of section 3-2-321 et seq. of this code. Such permits shall be valid from August 15 or, if later, the date of issuance through November 15 of the following year. Applicants for permits issued pursuant to this subsection shall provide proof of residence and, for each vehicle for which a permit is sought, a motor vehicle registration card issued by the division of motor vehicles and proof of payment of all personal property taxes and license taxes imposed thereon by the city. For permits issued to a person or renewed pursuant to this subsection, there shall be imposed a fee of $15 for the first vehicle, $20 for the second vehicle, and $50 for each additional vehicle. Any person who has been issued a permit for a vehicle pursuant to this subsection may obtain a replacement permit for use on another vehicle registered in such person's name, upon application on forms furnished by the city manager and presentation of the registration card for the vehicle for which the replacement permit is sought and pieces of the previously issued permit as proof that it was removed from the vehicle for which the fee was previously paid, accompanied by a fee of $1.

(2) to persons who are visitors at a residence within a permit parking district on the application of the resident, one permit for any vehicle used by such person during the visit, which permit shall be valid for a maximum of 30 days but shall not be renewed; provided, that permits may be issued to no more than two visitors to the same residence at the same time. A $5 fee shall be charged for any permit issued pursuant to this subsection for a period of more than seven days.

(3) to persons who are guests at a residence in a permit parking district on the application of the resident, one permit for any vehicle used by such person while a guest at the residence, which permit shall be valid for a date certain or portion thereof; provided that the number of permits issued under this subsection shall not at any time exceed 50 percent of the number of parking spaces in which they are valid; provided further, that no permit shall be issued under this subsection except upon a showing by the resident making application therefor that during the hours for which the permit is to be issued his residence will be used and occupied in a manner which is both lawful and not inconsistent with the residential character of the permit parking district in which it is located, and unless it shall be found that the issuance of the permit or permits will not unduly impair traffic safety during the time of their validity; provided further, that, notwithstanding any provision of this subsection to the contrary, up to 10 self-validating guest permits shall be issued in any calendar month for the guests of any residence located in a permit parking district upon the application of a person residing in the residence. Any permit issued pursuant to this subsection may be limited to certain streets or portions thereof in the permit parking district for which the permit is issued.

(4) to persons doing business with a resident of a permit parking district on the application of the resident, one permit for the vehicle used while doing business in the permit parking district; provided, that such permits may be issued to no more than three persons doing business at the same residence at the same time. No permit shall be issued pursuant to this subsection for a period longer than the time estimated by the resident to be required for completing the business transaction for which the permit is sought, and in no event shall any permit be valid for more than 30 days.

(5) whenever a holder of a permit issued under this section is no longer qualified to possess the permit, the permit shall be invalid and shall be returned to the director of finance.

(6) permits shall not be issued to persons who reside in a residential development which is subject to a special use permit, to the extent the residents, visitors, guests or business-invitees within such development are excluded by the special use permit from eligibility for one or more of the permits described above in subsubsections (1), (2), (3) or (4).

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

KERRY J. DONLEY
Mayor

Introduction: 12/14/99
First Reading: 12/14/99
Publication: 12/15/99; 12/16/99
Public Hearing: 12/18/99
Second Reading: 12/18/99
Final Passage: 12/18/99
* * * * *

22. DEVELOPMENT SPECIAL USE PERMIT #99-0031 -- 108 FRANKLIN ST -- BACKYARD BOATS TOWNHOMES -- Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, for a residential townhouse cluster development; zoned RM/Residential. Applicant: Franklin Street LLC, by Lawrence N. Brandt.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 3110 Fairview Park Drive, Fairfax, VA, attorney representing the applicant, spoke in support and to condition #18 and parking;




General Discussion. Members of City Council, Mr. Middleton, Planning and Zoning Division Chief Johnson, and City Attorney Sunderland participated in the discussion.

Robert Gants, 103 Pommander Walk, representing Pommander Walk residents, requested a Zone 1 parking restriction;

Becky Ellis, 105 Pommander Walk, representing Pommander Walk residents, requested a Zone 1 parking restriction; and

Jan Chaiken, 705 Potomac Street, representing several homeowners on Potomac Street, spoke to traffic on Potomac Street and requested that it not look like a public street by suggesting the use of speed bumps.

There was considerable discussion on this item.

WHEREUPON, Councilman Speck made the following motion which was seconded by Councilwoman Pepper that:

City Council approve the Planning Commission recommendation with the following amendments: with respect to condition #18, that the contribution be $90,000 for undergrounding; new condition #45. No residents of the project shall be eligible to apply for or receive any of the parking permits noted in City Code section 5-8-74; added to condition #10 a provision that lack of eligibility regarding parking district permits shall become part of the homeowner's agreement (HOA); and further adding a condition that the 18 spaces on the public street adjacent to the project Potomac and South Union be identified as Zone 1 Permit Parking in the same manner that the immediate area is, i.e., the 8 to 5, Monday through Friday, 3 hours, and requested the City Attorney to prepare language for Council to make clear that that is Council's intent, and it may be that we just need to have an ordinance that identifies this property specifically as opposed to getting in conflict with the ordinance that we already have; that the 10 spaces on what is identified as a private street be identified as private spaces and with the expectation that staff and the developer will work on the physical signage, there may be a different surface, but whatever it is, to make it clear that those are private spaces by whatever permit requirements there are.

There was considerable discussion on the above motion.

City Manager Lawson spoke to the City's undergrounding policy and suggested that there be a Council work session on the policy.

Mayor Donley stated that there is a motion on the table to approve the special use permit, with a new condition #45 which would indicate that the residents are not eligible for Parking District 1 permits; also that notice would be provided in the homeowner's agreement as part of condition #10; as it stands in the motion unless we want to change it, undergrounding of the existing utilities would occur with a contribution of $90,000 to the undergrounding fund; and new condition #46 new condition language will make clear that the 28 spaces that are created, 10 of which are on Potomac would be signed as private, the remaining would be part of District 1.

Recreation, Parks and Cultural Activities Director Whitmore spoke to condition #12.

Mayor Donley suggested that condition #12 be changed to read as: "12. The improvements to the Jefferson Street right-of-way shall be landscaped to the approval of the Director of Planning and Zoning and the Director of Recreation, Parks and Cultural Activities. They shall not include an asphalt path or benches."

This was acceptable to the maker and seconder of the motion.

Councilman Speck expanded on the undergrounding, condition #18, that it would be a $90,000 contribution with the undergrounding to be completed by December 31, 2005. If it is not, then the developer agrees to contribute $60,000 to an undergrounding fund.

Councilman Speck explained his reasoning for his suggestion.

Councilman Speck asked Acting Transportation and Environmental Services Director Ruller how does the City usually handle this, do they put the money up or do they bond it off until the project is done?

Acting Transportation and Environmental Services Director Ruller responded that in the past, with respect to undergrounding, the City has received a letter of credit for the amount of money.

Councilman Speck's suggested amendment was acceptable to the seconder. Council returned to the main motion, as amended.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, the motion, as amended, reads as follows and includes the edits by the City Attorney:

City Council approved the Planning Commission recommendation with the following amendments: with respect to condition #18, that the contribution be $90,000 [in a form acceptable to the Director of Transportation and Environmental Services] for undergrounding with the undergrounding to be completed by December 31, 2005. If it is not, then the developer agrees to contribute $60,000 to an undergrounding fund; new condition #45. No residents of the project shall be eligible to apply for or receive any of the parking permits noted in City Code section 5-8-74; added to condition #10 a provision that lack of eligibility regarding parking district permits shall become part of the homeowner's agreement (HOA); further adding a condition [#46] that the 18 spaces on Potomac and South Union on the public street adjacent to the project be identified as Zone 1 Permit Parking in the same manner that the immediate area is, i.e., the 8 to 5, Monday through Friday, 3 hours, and requested the City Attorney to prepare language for Council to make clear that that is Council's intent, and it may be that we just need to have an ordinance that identifies this property specifically as opposed to getting in conflict with the ordinance that we already have; that the 10 spaces on what is identified as a private street be identified as private spaces and with the expectation that staff and the developer will work on the physical signage, there may be a different surface but whatever it is, to make it clear that those are private spaces by whatever permit requirements there are; and that condition #12 be changed to read as: "12. The improvements to the Jefferson Street right-of-way shall be landscaped to the approval of the Director of Planning and Zoning and the Director of Recreation, Parks and Cultural Activities. They shall not include an asphalt path or benches." The voting was as follows:

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

Following are the staff recommendation and conditions as amended by City Council and as edited by the City Attorney for the above docket item:

STAFF RECOMMENDATION:

Staff recommends approval subject to compliance with all applicable codes and ordinances and the following conditions:

1. Any inconsistencies between the various drawings submitted by the applicant shall be reconciled to the satisfaction of the Directors of Planning and Zoning and Transportation and Environmental Services. (P&Z)

2. Provide a public access easement over the common open space area behind the Lee Street townhouses and the over the private street portion of the project, including the parking spaces. Parking spaces on the private portion of the street shall be subject to the same controls, if any, of the public spaces around the remainder of the block. not be subject to the public access easement, and shall remain under the control of the homeowner's association. (P&Z)

3. A minimum of 10 unrestricted private parking spaces shall be provided on the private street, and shall be signed in a manner which provides clear notice that the spaces are not available to the public. The remaining 18 spaces on the public streets adjacent to the project shall initially be signed in a manner which makes them available to Residential Permit Parking District 1 permit holders. Widen the private road along the west side of the road to provide the necessary width for on-street parallel parking in front of the proposed houses and for the required 22' emergency vehicle easement. (P&Z)

4. All of the dwellings must be equipped with a fire suppression system. (Code Enforcement)

5. The applicant shall consult with the Crime Prevention Unit of the Alexandria Police Department regarding locking hardware and alarms for the townhouses prior to the commencement of construction. (Police)

6. Provide a site lighting plan to the satisfaction of the Director of T&ES, to include the following information:

A. Indicate type of fixture, show mounting height and strength of fixture in lumens.
B. Provide manufacturer's specifications for fixtures.
C. Provide lighting calculations to verify that lighting meets City standards.
D. Take necessary precautions to prevent excess spillover lighting to the adjacent residential properties.
E. The parking garage shall be permitted to have 2.0 candles provided the lighting level is approved by the Department of T&ES. (T&ES) (P&Z)

7. The final location and screening of all above-grade utility structures, such as transformers, switchboxes, cable and telephone pedestals must be approved by the Director of Planning & Zoning prior to the installation of such structures. To the extent feasible, all such structures shall be located out of view of public streets and shall be screened. (P&Z)

8. Place underground utilities and utility structures under the street or away from proposed landscaping areas to the extent feasible, to minimize any impact on the root systems of the proposed landscaping, to the satisfaction of the Director of Planning & Zoning and the City Arborist. (P&Z) (RPCA)

9. The applicant shall require that its building contractor, prior to commencing any construction, meet with a representative of the Office of Employment Training to describe what kinds of construction employees will be hired and to learn about employment services offered by OET. The applicant shall require its contractor to give good faith consideration to applicants for employment who are referred by OET. (Human Services)

10. The applicant shall submit homeowner's agreement (HOA) for approval by the City Attorney, prior to applying for the first certificate of occupancy permit. Such HOA shall include the conditions listed below, which shall be clearly expressed in a separate section of the HOA. Also, such section within the HOA shall include language which makes clear that the SUP conditions listed shall not be amended without the approval of City Council.
E. No residents of the project shall be eligible to apply for or receive a residential parking permit for Residential Permit Parking District 1.

11. The landscaping within the project shall be consistent with the details shown on the plan submitted by Rhodeside & Harwell dated September 17, 1999, rather than the details shown on the landscape plan on sheet 12 of the site plan package. (P&Z)

12. No Improvements shall be made to the Jefferson Street right-of-way in conjunction with this development. Improvements shall not include an asphalt path or benches. Widen the proposed asphalt path in the Jefferson Street right-of-way from 8' to 10'. Eliminate bifurcated Lee Street entrance and provide no parking signs at entrance to maintain access to path from Lee Street. (RPCA) (PC)

13. Once established, the City will accept maintenance responsibilities for the turf , and trees, asphalt path, and fixtures provided by the developer within the City’s Jefferson Street right-of-way. The developer or Homeowner's Association shall be responsible for maintaining any woodland plantings, groundcovers, perennial or seasonal plantings, and planting beds within the public right-of-way. (RPCA)

14. Once established, the City will accept maintenance responsibilities for the Street trees planted within the City’s right-of-way. The developer or Homeowner's Association shall be responsible to maintain any streetscape plantings planted within the City’s right-of-way. (RPCA)

15. Temporary structures for construction or sales personnel, as well as sales/marketing signs, shall be permitted, and the period such temporary structures are to remain on site, as well as the size and site design for such structures, including signs, shall be subject to the approval of the Director of P&Z. (P&Z)

16. The applicant shall be permitted to make minor adjustments to lot lines and/or building footprints to accommodate the final design of buildings, to the satisfaction of the Directors of P&Z and T&ES. (P&Z)

17. The final subdivision plat shall be consistent with the final development plan, and shall be recorded after the final development plan has been approved by the Directors of P&Z and T&ES. (P&Z)

18. Underground all of the existing overhead utilities on the Franklin Street frontage. (T&ES) The applicant shall contribute $90,000, in a form acceptable to the Director of Transportation and Environmental Services, to the City’s undergrounding fund; however, if the work to underground the utilities adjacent to the project is not completed by December 31, 2005, the contribution amount shall be reduced to $60,000.

19. Submit a hydraulic study with the submission of the first final site plan. (T&ES)

20. All private streets shall comply with the City’s Minimum Standards for Private Streets and Alleys. (T&ES

21. Demonstrate to the satisfaction of the Director of T&ES that adequate stormwater outfall capacity is available to the site. If judged inadequate, the developer shall design and construct any and all off-site improvements to discharge to an adequate outfall. (T&ES

22. Provide a City standard brick sidewalk around the perimeter of the site. Show a typical detail of installation. (T&ES)

23. The minimum unobstructed path for sidewalk shall be 4 feet. (P&Z)(T&ES)

24. Indicate construction design specification standards for all improvements such as curbing, sidewalk and paving. (T&ES

25. Correct the worksheet B on the stormwater quality Best Management Practices (BMP) calculation sheet #3. (T&ES)

26. Correct the Resource Protection Area (RPA) core component line and the 100' RPA buffer line. (T&ES)

27. Relocate all non-allowable uses outside of the RPA. (T&ES



28. All of the Water Quality Volume shall be treated in a BMP facility. The BMP shall be located on private property in a maintenance-accessible area satisfactory to T&ES. (T&ES)

29. Show a complete and appropriate environmental site assessment statement. (T&ES)

30. All development plan sheets must be sealed, signed and dated by a professional engineer or land surveyor. (T&ES

31. The developer shall furnish the Homeowner’s Association with an Owner’s Operations and Maintenance Manual for all Best Management Practices (BMP) on the project. The manual shall include at a minimum an explanation of the functions and operation of the BMP(s), drawing and diagrams of the BMP(s), and any supporting utilities, catalog cuts on any mechanical or electrical equipment, a schedule of routine maintenance for the BMP(s) and supporting equipment, and a copy of the Maintenance Agreement with the City. (T&ES)

32. The developer shall furnish each home purchaser with a brochure describing the stormwater Best Management Practices installed at the development and outlining the responsibilities of the homeowners and the Homeowner's Association with respect to their upkeep. Upon activation of the Homeowner's Association, the developer shall further furnish five copies of this brochure per unit to the association for distribution to subsequent homeowners. (T&ES)

33. The Maintenance/Monitoring Agreement for the stormwater Best Management Practices (BMPs) serving the site shall cite the entire property encompassed by the approved project in the legal property description. Should the developer sell portions of this project to other builders to develop, the sale documents shall establish the requirement that future purchasers of the unit involved shall share equally with all other units within the project the responsibility for the costs of operations and maintenance associated with the stormwater BMPs. Prospective purchasers shall be notified of this fact by including this requirement in the sales documents of each builder on the site, and copies of these documents shall be provided to the City for review for acceptable content. (T&ES)

34. Signage for traffic and parking control shall be shown on the final plan. (T&ES)

35. Provide an emergency vehicle easement satisfactory to the City Fire Marshal and show location and width on plan. (T&ES)


36. The developer shall make cash contributions to the Housing Trust Fund in the amount of $.50 per gross square foot of new building area, payable at settlement for each individual unit. (Housing)

37. If fireplaces are included in the townhouses they must be gas fireplaces to reduce air pollution and odors. (Health Department)

38. All archaeological work shall be carried out in accordance with the City of Alexandria Archaeological Standards, as approved by the City Archaeologist. (Alexandria Archaeology)

39. The applicant shall erect a plaque on the property identifying the site as Battery Rodgers, a Civil War fortification. The wording on the plaque shall be approved by Alexandria Archaeology. (Alexandria Archaeology)

40. The applicant shall attach a copy of the final released site plan to each building permit document application and be responsible for insuring that the building permit drawings are consistent and in compliance with the final released site plan prior to review and approval of the building permit by the Departments of Planning and Zoning and Transportation and Environmental Services. (P&Z)

41. Submit a building location survey or partial as-built plan to Planning staff approval when applying for certificate of occupancy permits each unit. (P&Z)

42. The applicant shall submit final “as-built” plan for the development prior to applying for certificate of occupancy permit for the last dwelling unit. (P&Z)

43. Record a certificate of notice prior to the commencement of construction as per Section 11-608 of the zoning ordinance. (P&Z)
44. The developer shall:
- prevent construction workers from parking on Potomac Street;
- move transformer to the southern end of the Potomac Street open space;
- pay for and install ‘no through-street’ signs on Potomac Street and ‘stop’ sign at Franklin and Potomac, subject to City approval;
- will add adjoining property owners to insurance policy to cover damages to property caused by the construction and is willing to take photographs of adjoining property owners homes in advance of construction. 45. No residents of the project shall be eligible to apply for or receive a residential parking permit for Residential Permit Parking District 1.
* * * * *



23. ENCROACHMENT #99-0003 -- 108 FRANKLIN ST -- BACKYARD BOATS TOWNHOMES -- Public Hearing and Consideration of a request for an encroachment into the public sidewalk for front building stoops and a sales trailer; zoned RM/Residential. Applicant: Franklin Street LLC, by Lawrence N. Brandt.

COMMISSION ACTION: Recommend approval for the stoops and stairs 7-0
Recommend denial for sales trailer 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's letter dated December 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 12/18/99, 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 Exhibit No. 3 of Item No. 23; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 3110 Fairview Park Drive, Fairfax, VA, attorney representing the applicant, spoke to his letter dated December 6, 1999, with respect to a revised location for the sales trailer; and

Jan M. Chaiken, 705 Potomac Street, representing several homeowners on Potomac Street, spoke in support of the Planning Commission recommendation.

With respect to undergrounding, Councilman Speck suggested that rather than negotiating this every time there is a project, that we have some formula that is uniformly applied that contributes to an undergrounding fund. Then we are free to use the money as we want. He requested some staff analysis on this and then we can decide how to follow-up.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Planning Commission recommendation regarding the stoops and the stairs, as well as to allow and permit a sales trailer in the encroachment necessary for a period of nine months. The voting was as follows:

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

Whereupon, at 1:30 p.m., City Council recessed for lunch.

Thereupon, at 2:00 p.m., City Council reconvened the meeting.

24. SPECIAL USE PERMIT #99-0128 -- 213 S ROYAL ST -- Public Hearing and Consideration of a request for a special use permit for an apartment use with an off-street parking reduction; zoned RM/Townhouse. Applicant: Roger and Nancy Fones.

COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 12/18/99, 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. 2 of Item No. 24; 12/18/99, and is incorporated herewith as part of this record by reference.

Photographs pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 24; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Cathy Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, VA, attorney representing the applicant, spoke in support;

Roger Fones, 213 South Royal Street, spoke in support;

Ann Bennett, 211 South Royal Street, spoke in support;

William B. Cummings, 601 Wilkes Street, #302, spoke in support; and

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke against.

Members of City Council directed questions to Planning and Zoning Director Lynn and Planning and Zoning Deputy Director Ross.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Councilman Cleveland to uphold the Planning Commission recommendation to deny this request; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 5-to-2, City Council overturned the Planning Commission recommendation and approved the special use permit, subject to all applicable codes, ordinances and staff recommendations with the addition of a condition #5 that terminates the sup when the property is sold or in 15 years, whichever comes first. The voting was as follows:

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

25. DEVELOPMENT SPECIAL USE PERMIT #99-0039 -- 1300-1424 ROUNDHOUSE LA; -- 301-317 S PAYNE ST; 326-342 S WEST ST -- OLD TOWN VILLAGE CONDOMINIUM -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, and an open space modification to construct trash enclosures; zoned CRMU-L/Commercial Residential Mixed Use. Applicant: Pulte Home Corporation, by Duncan W. Blair, attorney. (#18 11/13/99)

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated November 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated December 17, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the entrance enhancement plan dated December 15, 1999, and made part of the record by Mr. Blair, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 12/18/99, and is incorporated herewith as part of this record by reference.)

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;

John Prevar, 305 South Payne Street, #306, president, Old Town Village Condominium Unit Owners, spoke in support with modifications; and

Rose Kurtz, 330 South West Street, #505, spoke in support with modifications.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation with an amendment to condition #81 to read: "That the applicant may reduce the open space to 28 percent, as generally shown on the attached open space exhibit, provided that they implement the landscaping plan subject to staff approval." The voting was as follows:

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





26. SPECIAL USE PERMIT #99-0129 -- 3020-3030 DUKE ST -- SHAKER'S MOTOR CAR CO -- Public Hearing and Consideration of a review of a special use permit and request for expansion of an existing automobile sales and rental business; zoned CG/Commercial General. Applicant: Gholam Reza Shaker.

COMMISSION ACTION: Recommend denial (new proposal) and
Recommend approval (existing use) 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Gholam Reza Shaker, 3030 Duke Street, applicant, withdrew his new proposal and requested approval of the existing use.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Planning Commission recommendation to approve the continuation of the existing use, with an amendment to condition #16. ...... that it be a one-year review. The voting was as follows:

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

27. SPECIAL USE PERMIT #99-0131 -- 2619 MT VERNON AV -- FIRST AGAPE BAPTIST COMMUNITY AND WHOLISTIC FAMILY AGAPE MINISTRIES INSTITUTE -- Public Hearing and Consideration of a request for a special use permit to operate a social service use with an off-street parking reduction; zoned CL/Commercial Low. Applicant: Rev. Dr. Daniel L. Brown.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of Reverend Brown's letter dated December 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association memorandum dated December 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 27; 12/18/99, and is incorporated herewith as part of this record by reference.)

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


Reverend Dr. Daniel L. Brown, 3111 South 15th Street, applicant, spoke in support with modifications as indicated in his letter dated December 18.

General Discussion. Members of Council and Code Enforcement Director Dahlberg participated in the discussion.

WHEREUPON, a motion was made by Council Member Rich and seconded by Councilman Speck to overturn the Planning Commission recommendation and to deny to the request; which motion FAILED on a vote of 3-to-4. The voting was as follows:

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

THEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council upheld the Planning Commission recommendation for approval, subject to the compliance with all applicable codes, ordinances and staff recommendations, and further amended condition #2 to read: "2. That the City of Alexandria Fire and Safety Code requirements apply but the occupancy [is] not to exceed 75 persons"; and amended condition #3 to include the hours as proposed by Reverend Brown for the hours of operation, which are as follows: "3. The hours of operation for church-related and outreach ministries shall be from Monday through Saturday, 9:00 a.m. until 10:00 p.m. and on Sunday from 2:00 p.m. to 10:00 p.m." The voting was as follows:

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

28. SPECIAL USE PERMIT #99-0130 -- 406 E BELLEFONTE AV -- Public Hearing and Consideration of a request for a special use permit to construct a single family detached home on a substandard lot with off-street parking reduction and yard modifications; zoned R-2-5/Single and Two-Family. Applicant: ALD Group Inc., by Shahman Foradi.

COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association memorandum dated November 24, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 28; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

Shahman Foradi, 10680 Main Street, #260, Fairfax, VA, applicant, spoke in support;


Gary M. Sidell, 1717 Massachusetts Avenue, N.W., Washington, D.C., representing S. Churchill Elmore Family Trust and Richard Gray, spoke in support; and

Grace Van Vleck, 408 East Bellefonte Avenue, spoke against.

General Discussion. Members of City Council, Planning and Zoning Deputy Director Ross, Planning and Zoning Director Lynn and City Attorney Sunderland participated in the discussion.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council upheld the Planning Commission recommendation and denied the request. The voting was as follows:

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

29. SPECIAL USE PERMIT #99-0083 -- 3600 JEFFERSON DAVIS HY -- ALEXANDRIA IMPORTS & LEASING -- Public Hearing and Consideration of a request for extension and reapproval of a special use permit for an automobile sales business; zoned CDD-7/Coordinated Development District. Applicant: Effat Karimian and Frank Karimian, by William C. Thomas, attorney. COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated December 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

William C. Thomas, Jr., 1775 Jamieson Avenue, attorney representing the applicant, spoke in support.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a vote of 6-to-1, City Council overturned the decision of the Planning Commission and allowed them to stay on the site keeping in mind that we do have condition #12 as recommended by staff. The voting was as follows:

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






30. DEVELOPMENT SPECIAL USE PERMIT #99-0046 -- 19 CARRIAGE HOUSE CIRCLE -- 1-45 CARRIAGE HOUSE CIRCLE -- COLONIAL HEIGHTS -- Public Hearing and Consideration of a request for an amendment to a development special use permit to allow decks to be built within the cluster development; zoned RT/Residential. Applicant: William R. Goodrich, by Linda B. Goodrich. (#19 10/16/99)

COMMISSION ACTION: Recommend denial 6-0

(A copy of the Planning Commission report dated October 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 12/18/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated December 14, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 12/18/99, 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. 30; 12/18/99, and is incorporated herewith as part of this record by reference.)

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

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

Kate Fears, 21 Carriage House Circle, spoke against;

Cameron Cohick, 17 Carriage House Circle, spoke against;

Sue Scheller, 23 Carriage House Circle, representing the Homeowners' Association, spoke against; and

Harriett G. McCune, 19 Fort Williams Parkway, representing neighbors, spoke against.

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

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









THEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council referred to staff and the Planning Commission a text amendment relative to the issue of ambiguous decks. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to add one additional member to the Alexandria Waterfront Committee who shall be a resident of the city living east of Washington Street and north of Pendleton Street. (#23 12/14/99) [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 Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, 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 "aye"
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4097

AN ORDINANCE to amend and reordain section 2-4-52 (COMPOSITION) of Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), of Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 2-4-52 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 2-4-52 Composition.

The committee shall consist of 15 members appointed by city council. The composition of the committee shall be as follows:

(a) one representative from the Alexandria City Council;

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

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

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

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

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

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

(h) one citizen representative who resides east of Washington Street and north of Pendleton Street;

(i) from the Old Town Business Association;

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

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

(l) one representative from the Alexandria Archaeological Commission;

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

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

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

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

KERRY J. DONLEY
Mayor

Introduction: 12/14/99
First Reading: 12/14/99
Publication: 12/15/99; 12/16/99
Public Hearing: 12/18/99
Second Reading: 12/18/99
Final Passage: 12/18/99
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32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Alexandria West Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation of a portion of the parcels at 5401 Seminary Road and 5188 Dawes Avenue from RL/Residential Low to I/Industrial. (#24 12/14/99) [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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4098

AN ORDINANCE to amend and reordain the 1992 Master Plan of the City of Alexandria, Virginia (1988 ed.), by adopting and incorporating therein the amendments heretofore approved by city council to such master plan as Master Plan Amendment Nos. 99-0002 and 99-0009, and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendments.

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

1. In Master Plan Amendment No. 99-0002, an application has been made to amend the Alexandria West Small Area Plan Chapter of the 1992 Master Plan (1988 ed.) to change the land use designation of a portion of the property at 5401 Seminary Road from RL/Residential Low to I/Industrial, with a proffer limiting use to parking.

2. In Master Plan Amendment No. 99-0009, an application has been made to amend the Alexandria West Small Area Plan Chapter of the 1992 Master Plan (1998 ed.) to change the land use designation of the property at 5188 Dawes Avenue from RL/Residential Low to I/Industrial, with a proffer limiting use to parking.

3. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.
4. 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 amendments to the Alexandria West Small Area Plan Chapter of 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.), set forth in Planning Commission Resolution No. MPA 99-0002 and Resolution No. MPA 99-0009, attached hereto and incorporated fully herein by reference, be, and the same hereby are, adopted as amendments to the said small area plan chapter of the 1992 Master Plan of the City of Alexandria, Virginia, (1998 ed.).

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan amendments as part of the 1992 Master Plan of the City of Alexandria, Virginia, (1998 ed.).

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

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

Attachments: Master Plan Resolutions

Introduction: 12/14/99
First Reading: 12/14/99
Publication: 12/15/99; 12/16/99
Public Hearing: 12/18/99
Second Reading: 12/18/99
Final Passage: 12/18/99
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33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city zoning ordinance by rezoning a portion of the parcels at 5401 Seminary Road from R-20/Residential to I/Industrial with proffer, and 5188 Dawes Avenue from R-12/Residential to I-1/Industrial with proffer. (#25 12/14/99) [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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4099

AN ORDINANCE to amend and reordain Sheet No. 02.00 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 a portion of the property at 5401 Seminary Road (ZONING MAP AND TAX MAP PARCEL NO. 02.00-01-28) from R-20/Single-family Zone to I/Industrial Zone, subject to a proffer (REZ No. 99-0002), and by rezoning the property at 5188 Dawes Avenue (ZONING MAP AND TAX MAP PARCEL NO. 02.00-01-29) from R-12/Single-family Zone to I/Industrial Zone, subject to a proffer (REZ No. 99-0009), in accordance with the said zoning map amendments heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been submitted to rezone a portion of the property at 5401 Seminary Road (ZONING MAP AND TAX MAP PARCEL NO. 02.00-01-28) from R-20/Single-family Zone to I/Industrial Zone, subject to a proffer, and to rezone the property at 5188 Dawes Avenue (ZONING MAP AND TAX MAP PARCEL NO. 02.00-01-29) from R-12/Single-family Zone to I/Industrial Zone, subject to a proffer, for parking uses in connection with the Coca-Cola Bottling Plant.

2. The said rezoning is in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, (1998 ed.) 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. 02.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the properties hereinafter described:

Subject, however, to the following proffers:

Subject, however, to the following proffers:

3. The Applicant shall remove the existing chain link fence along the western boundary of the Subject Property and replace it with a ten foot (10) high board on board fence.

4. The Applicant shall provide five street trees on the south side of Dawes Avenue in front of the parking lot and shall maintain the landscaping appropriately, including without limitation replacing any trees which may die or become diseased.

5. The Applicant shall provide shrubs and/or trees to the satisfaction of the Director of Planning & Zoning at the Subject Property's eastern property line and at the eastern half of the southern property line and/or on the adjoining Northern Virginia Community College property, if acceptable to Northern Virginia Community College.

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

Section 3. That Sheet No. 02.00 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

Attachments: Sketch plan entitled “MPA # 99-0002, REZ # 99-0002,” dated 10/5/99

Introduction: 12/14/99
First Reading: 12/14/99
Publication: 12/15/99; 12/16/99
Public Hearing: 12/18/99
Second Reading: 12/18/99
Final Passage: 12/18/99
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (34-36)

Planning Commission (continued)

34. SPECIAL USE PERMIT #99-0124 -- 1120 KING ST -- DANCING PEPPERS -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Dancing Peppers Inc., by Alfred W. Shriver, III.

COMMISSION ACTION: Noted deferral

35. SPECIAL USE PERMIT #99-0109 -- 711 KING ST -- AROMID ITALIA RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: James Lee.
36. ENCROACHMENT #99-0007 -- 412 GIBBON ST -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a fence; zoned RM/Townhouse. Applicant: John D. McEachern.

COMMISSION ACTION: Deferred 7-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, at 4:30 p.m., the Public Hearing Meeting of Saturday, December 18, 1999, was adjourned. The voting was as follows:

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




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk








The meeting was adjourned at 4:30 p.m.

This docket is subject to change.

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