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Public Hearing Meeting
Saturday, April 18, 1998 - - 9:30 a.m.


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

Absent: Vice Mayor William D. Euille.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Fire Chief Hawkins; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Beeton, Planner, Planning and Zoning; Deputy Police Chief Baker; Mr. Gitajn, Director of Financial and Information Technology Services; Mrs. Godwin, Director of Management and Budget; Mr. Sanderson, Director of Real Estate Assessments; Mr. Cole, Director of Information Technology Services; Ms. Steele, Deputy City Manager; Mr. Brannan, Assistant City Manager; and Ms. Boyd, Director of Citizen Assistance.

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

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

2. Public Discussion Period.

(a) Lois Van Valkenburgh, chair, Commission on Aging, spoke to the Successful Aging Expo to be held on May 9, 1998, from 8:30 a.m. to 3:00 p.m. at the Holiday Inn North, and encouraged people to register early.

(b) Peter Greenberg, 109 South Alfred Street, representing Morrison House, spoke about ACVA funding; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (b).

Mayor Donley suggested that Councilman Speck, who is Council's representative to the ACVA, work with the ACVA to develop a small revenue resources task force that would involve hotel operators, restaurant owners, as well as retail merchants, to look at a concept that does a lot of what Mr. Greenberg spoke about taking a look at funding options for the ACVA.

(c) John Chapman Gager spoke.



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-13)

Planning Commission

3. CITY CODE AMENDMENT -- ENCROACHMENTS FOR BENCHES -- Public Hearing and Consideration of an amendment to Section 5-2-29 of the Code of the City of Alexandria to allow small benches which do not interfere with pedestrian traffic without an encroachment ordinance. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/18/98, and is incorporated herewith as part of this record by reference.)

4. TEXT AMENDMENT #98-0008 -- CIVIL PENALTIES -- Public Hearing and Consideration of an amendment to Section 11-207 of the Zoning Ordinance (Civil Violations) to update the penalties for zoning violations consistent with the City Charter. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/18/98, and is incorporated herewith as part of this record by reference.)

5. TEXT AMENDMENT #98-0009 -- WRITTEN NOTICE -- Public Hearing and Consideration of an amendment to Section 11-302 of the Zoning Ordinance (Notice of Public Hearings; Notice requirements for particular hearings) to provide that in the case of an appeal to the Board of Zoning Appeals or a revocation of a special use permit, the required written notice shall be provided by the City. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/18/98, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0185 -- 315 MADISON STREET -- FLATBREADS (PREVIOUSLY OLD TOWN BAKERY) -- MONTGOMERY CENTER -- Public Hearing and Consideration of a request for a special use permit to extend the hours of operation and add alcohol sales for an existing restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Eleanor Kathleen Caples.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/18/98, and is incorporated herewith as part of this record by reference.)




7. SPECIAL USE PERMIT #97-0193 -- 3807 MOUNT VERNON AVENUE -- PO SIAM THAI RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to expand indoor and add outdoor seating for the existing restaurant; zoned CDD-6/Coordinated Development District. Applicant: Nirun Vongpukkean.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/18/98, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #98-0009 -- 1728 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school (beauty school); zoned CDD-1/Coordinated Development District. Applicant: Rhonda Stewart.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/18/98, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #98-0011 -- 3007 COLVIN STREET -- Public Hearing and Consideration of a request for a special use permit for a storage trailer; zoned I/Industrial. Applicant: Generous George’s Positive Pizza Place, Inc., by Mary Holder.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/18/98, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #98-0012 -- 301 NORTH BEAUREGARD STREET -- FOUNTAINS CONDOMINIUM -- Public Hearing and Consideration of a request for a special use permit to allow office, grocery store, and other commercial uses below the first floor of the existing building; zoned RC/Residential. Applicant: Fountains Condominium, by Michael G. Sanford.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/18/98, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #98-0015 -- 2419 MOUNT VERNON AVENUE -- ANN ME ME’S BAKERY -- Public Hearing and Consideration of a request for an amendment to a special use permit for a restaurant to add indoor and outdoor seats and live entertainment and for a reduction of off-street parking; zoned CL/Commercial Low. Applicant: Ann Me Me’s Bakery, L.L.C., by Daniel E. Maljanian.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/18/98, and is incorporated herewith as part of this record by reference.)

12. ENCROACHMENT #98-0001 -- 501 WEST GLEBE ROAD AT OLD DOMINION BOULEVARD -- Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a sign for a church; zoned RB/Residential. Applicant: Robert S. Larson for Beverley Hills United Methodist Church.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/18/98, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #98-0007 -- 1217-1221 QUEEN STREET -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a three-unit townhouse development, with a parking reduction and subdivision, with variations; zoned RB/Residential. Applicant: William Cromley, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/18/98, 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 on a vote of 5-to-0, City Council approved the Action Consent Calendar as presented. 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.

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

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

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

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


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

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

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

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

12. 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.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

City Council considered Docket Item Nos. 14 (a) and 14 (b) together.

14. (a) Public Hearing on Proposed Real Property Tax Increase of Six Cents, from $1.07 to $1.13 per $100 of Assessed Value, for Calendar Year 1998.

ORDINANCES AND RESOLUTIONS

(b) Public Hearing on AN ORDINANCE to amend and reordain Section 3-2-181 (LEVIED; AMOUNT) of Division 1 (REAL ESTATE), and Section 3-2-221 (LEVIED ON TANGIBLE PERSONAL PROPERTY OTHER THAN MOBILE HOMES, AUTOMOBILES, TRUCKS, ANTIQUE MOTOR VEHICLES, TAXICABS, MOTOR VEHICLES WITH SPECIALLY DESIGNED EQUIPMENT FOR USE BY THE HANDICAPPED, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND TRAILERS; AMOUNT), Section 3-2-222 (LEVIED ON MACHINERY AND TOOLS USED IN MINING OR MANUFACTURING BUSINESS; AMOUNT), Section 3-2-223 (LEVIED ON MOBILE HOMES; AMOUNT) and Section 3-2-224 (LEVIED ON AUTOMOBILE, TRUCKS, TRAILERS, SEMI-TRAILERS, TAXICABS, MOTORCYCLES, CAMPERS AND OTHER RECREATIONAL VEHICLES, BOATS AND TRAILERS; AMOUNT) of Division 3 (TANGIBLE PERSONAL PROPERTY AND MACHINERY AND TOOLS), all of Article M (LEVY AND COLLECTION OF PROPERTY TAXES), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended. The proposed ordinance sets the city’s 1998 tax rates for real property at $1.13 and tangible personal property at $4.75. (#5 3/31/98; #21 3/24/98)

(A copy of the City Manager's memorandum dated March 19, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14(b); 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14(b); 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memo explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14(b); 4/18/98, and is incorporated herewith as part of this record by reference.

Communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 14(b); 4/18/98, and is incorporated herewith as part of this record by reference.)

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

Jim Hanagan, 4620 Newcomb Place, legislative chair, Alexandria Chamber of Commerce, spoke against increasing the tax rate above the City Manager's recommendation and, if possilble, try to reduce it;

Eileen Taylor, 1409-3 East Abingdon Drive, representing the Alexandria Chamber of Commerce, spoke against increasing the tax rate above the City Manager's recommendation and, if possible, try to reduce it;

Mantill Williams, 1420 West Abingdon Drive, #310, representing the Alexandria Chamber of Commerce, spoke against increasing the tax rate above the City Manager's recommendtion and if, possible, try to reduce it;

Marshall Cook, 2705 Mosby Street, spoke in support in order to fully fund the school budgets; and

Poul Hertel, 1217 Michigan Court, spoke to the tax rate increase and suggested that it is time to look into a local income tax.

WITHOUT OBJECTION, the public hearing on these items were concluded.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. SPECIAL USE PERMIT #97-0178 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Public Hearing and Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/18/98, 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, 112 South Alfred Street, Suite 300, attorney representing the applicant, spoke in support.

Members of City Council, Attorney Blair, Planning and Zoning Director Lynn, and Transportation and Environmental Services Director O'Kane participated in a discussion of this item.

Council Member Walker asked Planning and Zoning Director Lynn to come up with some street design guidelines for large commercial streets like Duke Street and Route One, as to what kinds of things we would like to see along these strips.

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, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, deleted condition #21, and included the representation made by Duncan W. Blair, attorney for the applicant, that the applicant shall reduce the wattage on replacement light bulbs and will advise the Planning staff when bulbs have been changed. The voting was as follows:

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

16. TEXT AMENDMENT #97-0009A -- NONCONFORMING USES -- Public Hearing and Consideration of an amendment to Section 12-200 of the Zoning Ordinance (Nonconforming uses) to add new provisions (1) requiring that all nonconforming uses abate within a specified period of time unless a special use permit is approved before that time, and (2) providing new rules for the repair of structures housing nonconforming uses. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval (TA 97-009A) 7-0
The following persons participated in the public hearing on this item:

Mantill Williams, 1420 West Abingdon Drive, #310, representing the Alexandria Chamber of Commerce, spoke in support of the compromise that has been put forth by Southland Corporation;

Regina Oliver, 506 East Nelson Street, representing the Del Ray Citizens Association, spoke in support of the Planning Commission recommendation;



Sarah Carter Delaney, 6236 Radcliff Road, representing Dr. Morgan Delaney, Sarah Delaney, and Catherine Gasher, requested more information and spoke to notice;

Poul Hertel, 1217 Michigan Court, representing the North East Citizens' Association, spoke in support of the Planning Commission recommendation;

Katy Cannady, 24 East Linden Street, representing Rosemont Citizens Association, spoke in support of the Planning Commission recommendation;

William S. Lynch, 815 South Lee Street, representing the Old Town Civic Association, spoke in support;

Harry P. Hart, 307 North Washington Street, attorney representing affected landowners, spoke against and suggested working on or changing the process and possibly issue an umbrella sup; and

George Carrera, 5300 Shawnee Road, representing Southland Corporation, spoke against.

WHEREUPON, a motion was made by Councilwoman Pepper, seconded by Council Member Rich to approve the Planning Commission's four recommendations; which motion FAILED on a vote of 3-to-3. The voting was as follows:

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

THEREUPON, a motion was made by Councilman Speck, seconded by Councilman Cleveland to approve the Planning Commission recommendations, with an amendment to section B2, to read: trade fixtures, such as refrigerator cases, kitchen equipment and other fixtures used in a business may be repaired, maintained, replaced or upgraded; which motion FAILED on a vote of 4-to-2 because this vote did not achieve the required six votes to override the Planning Commission recommendation. The voting was as follows:

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

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council moved for reconsideration of this item. The voting was as follows:

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





THEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously by all those present, City Council approved the recommendation of the Planning Commission and (1) approved text amendment #97-0009A, which requires a SUP or the abatement of nonconforming uses after seven years; (2) denied text amendment #97-0012, with the language previously proposed by City Council, rejected by the Commission on March 3, 1998, and remanded to the Commission by Council on March 14; and (3) specifically disapproved the concept that all nonconforming uses should become noncomplying as well as the nonconforming use proposal submitted in writing on behalf of Southland Corporation, and (4) specifically disapproved any further relaxation of the repair rules than is already included in the language of TA#97-0009A. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

WITHOUT OBJECTION, City Council considered docket item nos. 17 and 18 together and under one motion.

17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 5-602 of the Zoning Ordinance to increase the heights permitted in the Eisenhower Avenue CDD in connection with the U.S. Patent and Trademark Office, and to clarify the affordable housing density bonus in the CDD. (#29 4/14/98) [ROLL-CALL VOTE]

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 4/18/98, and is incorporated herewith as part of this record by reference.)

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the King Street/Eisenhower Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by increasing the heights permitted by the Coordinated Development District guidelines for the Eisenhower Avenue CDD. (#21 4/14/98) [ROLL-CALL VOTE]

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 4/18/98, and is incorporated herewith as part of this record by reference.)

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

J. Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support of these ordinances.

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

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

The ordinances finally passed read as follows:
ORDINANCE NO. 3987

AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICT), of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0004/REZ NO. 97-0008).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph (2) of Section 5-602(A) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

CDD No.CDD NameWithout a CDD Special Use PermitWith a CDD Special Use Permit
Maximum F.A.R. and/or development levelsMaximum hgiehtUses
2Eisenhower AvenueOC zoning regulations apply except that: - maximum F.A.R. is 1.25, except 2.0 with an architectural design SUP as specified in the master plan - maximum heights shall be 150 feet, provided that there shall be a variety of heights, and provided further that one building on the area known as Hoffman Tract may rise to 225 feet with an architectural design SUP, in addition to any previously approved buildings in the Mill Race Project2.5 except
- 3.75 for projects within 1,000 feet of metro providing affordable housing in accordance with the guidelines in the CDD		200 feet, with a maximum average of 150 feet, except: (1) one building to 225 feet, or (2) one building to 270 feet in conjunction with any proposal for the U.S. Patent and Trademark Office, and (3) 250 feet with an average of 200 feet for buildings within 1,000 feet of Metro providing affordable housing accordance with the guidelines in the CDD. Mix of uses including office, residential and retail along with active and passive recreation opportunities

Section 2. That Section 5-602 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.





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

KERRY J. DONLEY
Mayor

Introduction: 4/14/98
First Reading: 4/14/98
Publication: 4/15/98; 4/16/98
Public Hearing: 4/18/98
Second Reading: 4/18/98
Final Passage: 4/18/98
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ORDINANCE NO. 3988

AN ORDINANCE to amend and reordain the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such small area plan chapter as Master Plan Amendment No. 97-0008, and no other amendments, and to repeal all provisions of the said small area plan chapter 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. 97-0008, an application has been made to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to increase heights permitted by the CDD guidelines for the Eisenhower Avenue CDD, in connection with the U.S. Patent and Trademark Office.

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 text of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan, under the heading "Eisenhower Avenue Coordinated Development District, Optional Development with a CDD Special Use Permit," Paragraph 5, be, and the same hereby is, amended to read as follows:




5. That buildings shall not exceed 200 feet in height except for one building which may be permitted to reach 225 feet in height, provided that the average building height within the CDD shall not exceed 150 feet. In conjunction with any proposal for the U.S. Patent and Trademark Office, the height of a single building may be further increased from 225 feet to 270 feet. If the site is not selected as the site of the U.S. Patent and Trademark Office, the height increase shall not be permitted.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan text amendment, as part of the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, 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.

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

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

KERRY J. DONLEY
Mayor

Introduction: 4/14/98
First Reading: 4/14/98
Publication: 4/15/98; 4/16/98
Public Hearing: 4/18/98
Second Reading: 4/18/98
Final Passage: 4/18/98
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

WITHOUT OBJECTION, City Council considered docket item nos. 19, 20 and 21 together and under one motion.

19. SPECIAL USE PERMIT #97-0161 -- 2400 EISENHOWER AVENUE -- HOFFMAN SITE - PATENT & TRADEMARK -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of an office project with structured parking for the Patent and Trademark Office; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/18/98, and is incorporated herewith as part of this record by reference.)

20. SPECIAL USE PERMIT #97-0162 -- 2400 EISENHOWER AVENUE -- HOFFMAN SITE - PATENT & TRADEMARK -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval for the Patent and Trademark Office complex; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's memorandum dated April 16, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 4/18/98, and is incorporated herewith as part of this record by reference.)

21. ENCROACHMENT #97-0014 -- 2200-2400 EISENHOWER AVENUE AND 301-315 STOVALL STREET -- HOFFMAN SITE - PATENT & TRADEMARK -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a pedestrian overpass to connect an office building and parking garage; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Family, L.L.C., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/18/98, and is incorporated herewith as part of this record by reference.)

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

J. Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support of these items, with a request to amend condition no. 9 of docket item no. 20.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council approved the three recommendations for item nos. 19, 20, and 21, with a change in condition no. 9 of item no. 20. The appoved recommendations read as follows:

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 and with the added condition #39.

20. City Council approved the recommendation of the Planning Commission, as amended, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #8a, and amended condition #9 to include the following: (d) Incentives to car-poolers or staggered work hour program participants; and (e) Any other TMP activities as may be proposed by the applicant and approved by the Director of T&ES. This provision will conform to provisions in other TMP approval documents.



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. The voting was as follows:

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

22. SPECIAL USE PERMIT #98-0010 -- 113 SOUTH COLUMBUS STREET -- Public Hearing and Consideration of a request for a special use permit for a reduction of off-street parking in conjunction with the renovation of an existing building to add apartments; zoned CD/Commercial Downtown. Applicant: Robert Kaufman.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/18/98, and is incorporated herewith as part of this record by reference.)

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

Robert Kaufman, 101 North Columbus Street, applicant, spoke in support.

Councilwoman Pepper noted that the alley needs maintenance.

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 absent
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

23. SPECIAL USE PERMIT #98-0014 -- 105 SOUTH UNION STREET -- WRAP AROUND -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with seats and carry-out service; zoned CD/Commercial Downtown. Applicant: Amy M. Conklin and Richard E. Snow.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 4/18/98, and is incorporated herewith as part of this record by reference.)

The applicants were available to answer questions.

Councilman Speck asked questions of the Director and Deputy Director of Planning and Zoning with respect to condition no. 15. He indicated that Council has had the discussion before about requiring employees who drive to use off-street parking.

Zoning and Planning Director Lynn indicated that future special use permits will have the correct wording to require employees who drive to use off-street parking.

Applicant Snow agreed to the amendment.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried on a vote of 5-to-1, 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 no. 15 to read: 15. The applicant will require its employees who drive to use off-street parking. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City Code by adding provisions, comparable to those currently in a city council resolution, regarding the establishment and operation of the George Washington Birthday Celebration Committee, and by modifying its current membership. (#18 4/14/98) [ROLL-CALL VOTE]

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated March 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 24; 4/18/98, 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 Rich, seconded by Councilwoman Pepper and carried unanimously by all those present, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The finally passed ordinance reads as follows:
ORDINANCE NO. 3989

AN ORDINANCE to add a new Article O (GEORGE WASHINGTON BIRTHDAY CELEBRATION COMMITTEE) to Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), of Title 2 (GENERAL GOVERNMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the future of the City of Alexandria is tied closely to its history and tradition; and

WHEREAS, the historical places and events identified with the life of George Washington are prominent in Alexandria's past and present; and

WHEREAS, in commemoration of the "Father of his Country," the City of Alexandria annually celebrates the birthday of George Washington; and

WHEREAS, this celebration is a community celebration and should reflect the participation of community groups and organizations in its planning and execution; and

WHEREAS, in 1982, city council, by resolution, established a George Washington Birthday Celebration Committee which, since then, has planned and implemented an annual celebration in the City of Alexandria for George Washington's Birthday; and

WHEREAS, city council now wishes to confirm, by ordinance, the existence and responsibilities of the George Washington Birthday Celebration Committee, and to modify the committee's membership by replacing the designated position for the Colonial Cotillion of Alexandria with a designated position for the Gadsby's Tavern Museum Society; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4 of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding thereto a new Article O, to read as follows:
ARTICLE O
George Washington Birthday Celebration Committee

Sec. 2-4-114 Creation, composition and organization.

(a) There is hereby established a standing committee to be known as the George Washington Birthday Celebration Committee.

(b) The committee shall consist of 17 members who, other than the members identified below in subsubsections (9) and (10), shall be appointed by the city council. The composition of the committee shall be as follows:

(1) one member to be nominated by the American Legion;

(2) one member to be nominated by the Veterans of Foreign Wars;


(3) one member to be nominated by any other veterans organization;

(4) one member to be nominated the Masonic Fraternity;

(5) two representatives of the city's business community to be nominated by the Chamber of Commerce;

(6) one member to be nominated by the Alexandria Jaycees;

(7) one member to be nominated by the Federation of Civic Associations;

(8) four citizen members;

(9) the city manager or her designee;

(10) the director of the transportation division of the department of transportation and environmental services;

(11) one member to be nominated by the Gadsby's Tavern Museum Society;

(12) one member to be nominated by the Friendship Veterans Fire Engine Association; and

(13) one member to be nominated by the T.C. Williams High School Band Boosters.

(c) The members identified above in subsections (a)(9) and (a)(10) shall serve during their tenure as employees of the city. The terms of all other members shall be for two years.

(d) The committee shall receive staff support from the director of the department of recreation, parks and cultural activities.

Sec. 2-4-115 Function; rules; officers.

(a) The function of the committee shall be to plan and carry out the city's annual George Washington's Birthday Celebration.

(b) The committee is authorized to adopt rules and regulations in regard to procedure and other matters so long as same are not inconsistent with the city code, including, but not limited to, the establishment of committees through which it may carry on its functions and purpose.

(c) A committee chair, vice-chair and secretary shall be elected annually by the committee members.

Section 2. That Resolution No. 1533 be, and the same hereby is, repealed.






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

KERRY J. DONLEY
Mayor

Introduction: 4/14/98
First Reading: 4/14/98
Publication: 4/15/98; 4/16/98
Public Hearing: 4/18/98
Second Reading: 4/18/98
Final Passage: 4/18/98
* * * * *

25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 13-117(B) of the Zoning Ordinance to exempt small scale land disturbances that result in a decrease of impervious coverage from the requirement that water run-off from the site be treated in accordance with best management practices. (#19 4/14/98) [ROLL-CALL VOTE]

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 4/18/98, 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 Councilwoman Pepper, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the Ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3990

AN ORDINANCE to amend and reordain Section 13-117 (STORM WATER MANAGEMENT PLAN), of Article XIII (ENVIRONMENTAL MANAGEMENT) of the City of Alexandria Zoning Ordinance (TA NO. 98-0007).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:



Section 1. That subsection (B) of Section 13-117 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(B) The water quality volume from the site must be treated in a best management practice (BMP) approved by the director of transportation and environmental services. If the water quality requirements of sections 13-109 through 13-113 require a smaller BMP or do not require a BMP, the water quality volume treatment requirement may be waived or modified by the director of transportation and environmental services for single-family residences separately built and not part of a subdivision, including additions to existing single-family detached residential structures, for sites not exceeding one-half acre of disturbance, or for any other site if the total size of preexisting impervious area is reduced by an amount equal to or greater than 20% of the entire site. The director of transportation and environmental services may waive this requirement if storm water detention would conflict with the city's flood management programs.

Section 2. That Section 13-117 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, amended as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Introduction: 4/14/98
First Reading: 4/14/98
Publication: 4/15/98; 4/16/98
Public Hearing: 4/18/98
Second Reading: 4/18/98
Final Passage: 4/18/98
* * * * *

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to add the Bryan House, located at 635 Kings Cloister Circle, to the 100-Year-Old Buildings List, pursuant to Section 10-302 of the Zoning Ordinance, thereby protecting the building against demolition or alteration without approval from the Board of Architectural Review. (#20 4/14/98) [ROLL-CALL VOTE]

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 4/18/98, 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 on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3991

AN ORDINANCE to list and designate the Bryan House, located at 635 Kings Cloister Circle (formerly 2826 King Street), for preservation and protection in accordance with the provisions of Section 10-300 (PRESERVATION OF CERTAIN BUILDINGS AND STRUCTURES OVER 100 YEARS OLD OUTSIDE THE OLD AND HISTORIC ALEXANDRIA DISTRICT AND THE PARKER-GRAY DISTRICT) of Article X (HISTORIC DISTRICTS AND BUILDINGS) of the City of Alexandria Zoning Ordinance, and to provide for the listing of this ordinance in Section 10-315 of the City of Alexandria Zoning Ordinance.

WHEREAS, Section 10-300 of the City of Alexandria Zoning Ordinance provides for the preservation of certain buildings and structures over 100 years old outside of the Old and Historic Alexandria District and the Parker-Gray District; and

WHEREAS, the Bryan House has been nominated for inclusion on the list of building and structures protected under Section 10-300 of the City of Alexandria Zoning Ordinance, and the nomination has been approved by the planning commission and city council at their respective duly advertised public hearings; and

WHEREAS, the city council has determined that the Bryan House is over 100 years old and is of significant historical, cultural and architectural interest; and

WHEREAS, the city council has determined that it is in the best interest of the city to adopt an ordinance to preserve and protect the Bryan House; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Bryan House described in Exhibit A, attached hereto and made a part hereof, be, and the same hereby is, listed as a structure in the city outside of the Old and Historic Alexandria District and the Parker-Gray District which is over 100 years old and is a historical, cultural and architectural interest.





Section 2. That the Bryan House be, and the same hereby is, designated for preservation and protection in accordance with the provisions of Section 10-300 of the City of Alexandria Zoning Ordinance; provided, however, that notwithstanding any contrary provision of Section 10-304(A) of the City of Alexandria Zoning Ordinance, the Bryan House shall not be reconstructed, altered or restored unless and until an application for a certificate of appropriateness shall have been approved by the Old and Historic Alexandria District Board of Architectural Review or the city council on appeal as to all exterior architectural features, whether or not subject to public view from a public street, way or place.

Section 3. That this ordinance be listed in Section 10-315 of the City of Alexandria Zoning Ordinance.

Section 4. That the city clerk shall transmit a certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria for recordation among the land records.

Section 5. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.


KERRY J. DONLEY
Mayor

Attachment: Bryan House Nomination

Introduction: 4/14/98
First Reading: 4/14/98
Publication: 4/15/98; 4/16/98
Public Hearing: 4/18/98
Second Reading: 4/18/98
Final Passage: 4/18/98
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27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way at 1623 Fern Street for outdoor restaurant seating. (#22 4/14/98) [ROLL-CALL VOTE]

(A copy of the proposed ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 4/18/98, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 4/18/98, 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 for 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 on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3992

AN ORDINANCE authorizing the owner of the property at 1623 Fern Street to establish and maintain an encroachment into the public right-of-way of 1623 Fern Street, in the City of Alexandria, Virginia.

WHEREAS, Sung Jin Kim ("Owner") is the owner of the property located at 1623 Fern Street in the City of Alexandria, Virginia; and

WHEREAS, the Owner desires to establish and maintain a space for outdoor restaurant seating, which space will encroach into the public sidewalk right-of-way at 1623 Fern Street; and

WHEREAS, the public right-of-way at 1623 Fern Street will not be significantly impaired by this encroachment; and

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

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


Section 1. That Owner, and only Owner, be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 1623 Fern Street in the City of Alexandria for outdoor restaurant seating, which encroachment shall extend approximately two feet in width and 35.3 feet in length into the public sidewalk right-of-way at 1623 Fern Street, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the Owner complying with all applicable requirements imposed by city and state law, including the Virginia Uniform Statewide Building Code and chapter 2 (food handling establish-ments), chapter 5 (noise) and chapter 10 (smoking) of title XI of the city code, and with the following specific conditions:

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

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

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

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




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

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

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

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

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

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

KERRY J. DONLEY
Mayor

Introduction: 4/14/98
First Reading: 4/14/98
Publication: 4/15/98; 4/16/98
Public Hearing: 4/18/98
Second Reading: 4/18/98
Final Passage: 4/18/98
* * * * *










REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (28 - 34)

Planning Commission (continued)

28. MASTER PLAN AMENDMENT #98-0001 -- BICYCLE AND MULTI-USE -- Public Hearing and Consideration of amendment to the transportation element of the Alexandria Master Plan to add the Bicycle Transportation and Multi-Use Master Plan. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Deferred 7-0

29. SPECIAL USE PERMIT #97-0192 -- 4803-A EISENHOWER AVENUE -- P S BUSINESS PARK -- Public Hearing and Consideration of a request for a special use permit to operate a retail, wholesale and installation business for automobile accessories and parts; zoned I/Industrial. Applicant: V W Sport USA, Inc., by Adrian P. Jones.

COMMISSION ACTION: Noted the deferral.

30. SPECIAL USE PERMIT #98-0013 -- 3846 KING STREET -- FAIRLINGTON PRESBYTERIAN CHURCH -- Public Hearing and Consideration of a request for an amendment to a special use permit to change the hours of operation of a child care facility; zoned RA/Residential. Applicant: Fairlington Presbyterian Church, by Carol Shannon (previous SUP #95-0147).

COMMISSION ACTION: Noted the withdrawal.

31. TEXT AMENDMENT #98-0006 -- SIGNS IN RIGHTS-OF-WAY -- Public Hearing and Consideration of an amendment to Section 9-201(A)(10) (Political Signs) of the Zoning Ordinance to prohibit political signs in all public rights-of-way in the City. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Deferred 7-0

32. SPECIAL USE PERMIT #98-0008 -- 5010 DUKE STREET -- CAMERON STATION SITE -- Public Hearing and Consideration of a request for amendment to a special use permit to place utilities on the adjacent parkland; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Cyril D. Calley, attorney.

COMMISSION ACTION: Deferred 6-1

33. SPECIAL USE PERMIT #98-0021 -- 34 SOUTH REYNOLDS STREET -- ANTONIO’S -- Public Hearing and Consideration of a request for an amendment to a special use permit for a restaurant to change the hours of operation, to change requirements concerning trash containers and to remove requirement for handicap access; zoned CG/Commercial General. Applicant: DGF Restaurant Group, Inc., by Dimitri Alexis. COMMISSION ACTION: Deferred 7-0




34. ENCROACHMENT #98-0002 -- 1303 KING STREET -- Public Hearing and Consideration of a request for an encroachment into the public right-of-way for bay windows; zoned CD/Commercial Downtown. Applicant: William J. Reap.

COMMISSION ACTION: Deferred by Staff

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

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

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously by all those present, at 12:55 p.m., the Public Hearing Meeting of Saturday, April 18, 1998, was adjourned. The voting was as follows:

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

APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:


_____________________________________________
Beverly I. Jett, CMC City Clerk



The meeting was adjourned at 12:55 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.
* * * * *
Public Notice

There will be a City Council Work Session on the Proposed Budget on Monday, April 27, 1998, at 7:00 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session 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.