Meeting Minutes for Public Hearing Meeting (03/14/1998)

Public Hearing Meeting
Saturday, March 14, 1998 - - 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; Mr. O'Kane, Director of Transportation and Environmental Services; Fire Chief Hawkins; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson and Ms. Beeton, Members of the Planning and Zoning Staff; Police Chief Samarra; Mr. Gitajn, Director of Financial and Information Technology Services; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; 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.

2. Public Discussion Period.

(a) Bill McCulla, 5867 Doris Drive, spoke to the recent compromise with respect to the curb and gutter issue in the Dowden Terrace area. He pointed out that Ordinance No. 3679 was a rezoning which contained several proffers, specifically, he spoke to the proffer dealing with maintaining the character of Dawes Avenue and Fillmore Avenue as a ditch-section type road. He requested that the ordinance and subdivision be amended by removing or amending the proffer dealing with the character of the streets. He indicated that the developer should now be required to comply with City code section 8-1-17.

(A copy of Mr. McCulla's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 3/14/98, and is incorporated herewith as part of this record by reference.)

Transportation and Environmental Services Director O'Kane responded to the issues and will report back to Council.

Mayor Donley requested, in addition to checking to amend the ordinance or the approval, that staff meet with the developer to make sure that the entrances are going to be appropriate as pointed out by Mr. McCulla. He indicated that potentially the City might have to negotiate something here and requested a report back to Council.

(b) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 10)

Planning Commission

WITHOUT OBJECTION, City Council withdrew Docket Item No. 6 from the Action Consent Calendar and considered it with Docket Item Nos. 17 and 18.

3. CITY CHARTER SECTION 9.06; CASE #98-01 -- BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the property located at 612 South Henry Street. Staff: City of Alexandria, Office of Housing.

COMMISSION ACTION: Approved 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 3/14/98, and is incorporated herewith as part of this record by reference.)

4. ONE-HUNDRED-YEAR-OLD BUILDINGS -- OHY #98-0001 -- 635 KINGS CLOISTER CIRCLE -- BRYAN HOUSE -- Public Hearing and Consideration of designation of the Bryan House, 635 Kings Cloister Circle, for protection on the 100-Year-Old Buildings List. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/14/98, and is incorporated herewith as part of this record by reference.)

5. TEXT AMENDMENT #98-0007 -- ENVIRONMENTAL MANAGEMENT -- Public Hearing and Consideration of an amendment to Section 13-117(B) of the Zoning Ordinance to allow land disturbance which is small in scale and which results in a decrease of impervious coverage. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/14/98, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #98-0001 -- 1725 DUKE STREET, #A -- PRIMO GOURMET -- Public Hearing and Consideration of a request for a special use permit to expand the indoor seating, amend the hours of operation and change the ownership of the existing restaurant; zoned OCH/Office Commercial High. Applicant: Primo Gourmet, Inc., by Yong In Park.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/14/98, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #98-0003 -- 4948-B EISENHOWER AVENUE, UNIT 13 -- BUILD AMERICA SIX WAREHOUSES -- Public Hearing and Consideration of a request for a special use permit for an automobile repair garage; zoned OCM-100/Office Commercial Medium. Applicant: Dimitrios Sarakinis.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/14/98, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #98-0004 -- 2826 KING STREET -- KINGS CLOISTER -- Public Hearing and Consideration of a request for amendment to a special use permit for a wall height modification for the proposed cluster residential development; zoned R-8/Residential. Applicant: Seneca, L.C., by George Davis.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/14/98, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #98-0002 -- 205-221 SOUTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit for a parking lot; zoned CL/Commercial Low. Applicant: T. J. Fannon.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/14/98, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of Docket Item No. 6, which was considered together with Docket Item Nos. 17 and 18. The Planning Commission recommendations are as follows:

3. City Council approved the Planning Commission recommendation and approved this request, subject to compliance with all applicable codes, ordinances and staff recommendations, and approved the City Manager's recommendations as follows: (1) approved the addition and deletion of the properties listed on pages 2 and 3 of the City Manager's memorandum to the currently approved List of Blighting Influences in the Potomac East Southwest Quadrant Rehabilitation District and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the Potomac East Southwest Quadrant Rehabilitation District property to be added to the List; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.

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

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

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

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

9. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #3 and #9.

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

11. TEXT AMENDMENT #97-0012 -- NONCONFORMING USES -- Public Hearing and Consideration of an amendment to Section 12-200 (Nonconforming Uses) of the Zoning Ordinance to add new or amended rules for (1) the maintenance, repair and improvement of buildings and structures housing nonconforming uses, and for (2) the maintenance, repair and replacement of trade fixtures used in connection with nonconforming uses. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Recommend Denial 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/14/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Fischer's letter dated March 13, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 3/14/98, and is incorporated herewith as part of this record by reference.

A copy of a proposed motion distributed by Councilwoman Pepper is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 3/14/98, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille clarified to the public and speakers that the item on the docket recommended for denial by the Planning Commission deals with the Council proposal that evolved several months ago, and has nothing to do with any pending and/or planned proposals that may or may not come forward either by a member of this body and/or from the Planning Commission. He wanted to make this clarification so that those who are speaking this morning will be speaking solely to the docket item that is before the Council.

The following persons participated in the public hearing on this item, and spoke against the proposed text amendment and in support of the Planning Commission action:

Jack Sullivan, 4300 Ivanhoe Place, representing Seminary Hill Association;

Dennis Jones, 421 East Nelson Avenue, representing Del Ray Citizen Association;

William S. Lynch, 815 South Lee Street, representing Old Town Civic Association;

Judy Miller, 507 North View Terrace, representing Rosemont Citizen Association;

Ellen Pickering, 103 Roberts Lane, representing Taylor Run Civic Association;

Jennifer Gibbins, 902 Pendleton Street; and

Poul Hertel, 1217 Michigan Court, representing Northeast Civic Association.

Members of City Council, City Attorney Sunderland and Director of Planning and Zoning Lynn participated in the discussion on this item

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council referred this matter back to the Planning Commission in order for it to again consider, and make a recommendation to use on, TA 97-0009, which was the original docket item, which calls for a 7-year abatement period for nonconforming uses and provides an opportunity for such uses to avoid elimination by obtaining a special use permit, and which amends the rules regarding the repair, maintenance, etc., of nonconforming uses and the structures housing them. The voting was as follows:

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

12. SPECIAL USE PERMIT #97-0189 -- 2922 DUKE STREET -- SUBWAY RESTAURANT (SKY HILL SHELL STATION) -- Public Hearing and Consideration of a request for a special use permit to add a restaurant within the existing Shell automobile service station and to amend conditions of the permit; zoned CG/Commercial General. Applicant: Anjali and Anisha, Inc., by Rajinder P. Kapani. (#18 2/21/98)

COMMISSION ACTION: Recommend Approval in Part 7-0

Recommend Denial in Part 7-0

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/14/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated March 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 3/14/98, and is incorporated herewith as part of this record by reference.)

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

Rajinder P. Kapani, 2922 Duke Street, applicant, spoke in support of this application; and

Ellen Pickering, 103 Roberts Lane, spoke against the sale of single beers.

Council Member Rich directed questions to Planning and Zoning Director Lynn.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and replaced condition #3 as suggested by staff on page 3 of its March 11, 1998 memorandum, which condition reads as follows: 3. Beer or wine coolers may be sold only in 4-packs, 6-packs or bottles of 40 fluid ounces or more. Wine may be sold only in bottles of at least 750 ml or 25.4 ounces. Fortified wine (wine with an alcohol content of 14% or more by volume) may not be sold. The voting was as follows:

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

13. SPECIAL USE PERMIT #97-0130 -- 1217 FIRST STREET -- ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review and revocation of a special use permit for an automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Alexandria Auto Repair, by Mohammad Arif Sattar. (#19 2/21/98)

COMMISSION ACTION: Recommend Revocation 7-0

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/14/98, 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 against the revocation and requested that Council reverse the Planning Commission recommendation and permit the special use permit to terminate and expire effective March 31, 1998.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council reversed the Planning Commission recommendation, and allowed the use to continue with the condition that it terminate and expire on March 31, 1998. The voting was as follows:

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

14. SPECIAL USE PERMIT #97-0195 -- 1217 FIRST STREET -- Public Hearing and Consideration of a request for a special use permit to operate an automobile repair business; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Zahid Tufail and Nasir Kashmiri.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/14/98, and is incorporated herewith as part of this record by reference.)

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

Nasir Kashmiri, 1217 First Street, applicant, spoke in support of the special use permit.

Mayor Donley directed a question to Deputy Director of Planning and Zoning Ross with respect to condition #16 regarding the expiration date.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended condition #16 to read as follows: 16. The special use permit shall expire two years from the date of approval by Council. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item Nos. 15 and 16 together.

15. SPECIAL USE PERMIT #97-0164 -- 1705 NORTH BEAUREGARD STREET -- AT NOTTINGHAM DRIVE & SEMINARY ROAD -- MARK CENTER - PHASE IA -- Public Hearing and Consideration of a request for a special use permit, with site plan, for an office development; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/14/98, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #97-0165 -- 1705 NORTH BEAUREGARD STREET -- AT NOTTINGHAM DRIVE & SEMINARY ROAD -- MARK CENTER - PHASE IA -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/14/98, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support; and

Ellen Pickering, 103 Roberts Lane, spoke about boundaries of the botanical preserve.

Mayor Donley asked questions on how we are going to proceed on transportation improvements regarding developing plans that would allow for direct access to the property rather than relying upon a triple left-hand turn on Seminary Road.

Transportation and Environmental Services Director O'Kane indicated that the applicant's design engineer and traffic consultant and City staff did meet with VDOT representatives about the access from the interchange.

Councilwoman Pepper expressed concern about saving as many trees as possible along the perimeter.

Vice Mayor Euille noted that there will be no diminution of the original acreage that's dedicated to the preserve over an indefinite period of time.

Mr. Middleton, with respect to changing boundary lines of the preserve, indicated that that's not permitted under the zoning. As the applicant comes in with plans then that boundary line is set, but until they do, it's the general line in the Master Plan which cannot be changed without Council's approval.

Councilman Speck expressed concerns about the Traffic Management Plan which is going to have long-term affects on that whole community. Is there some mechanism that allows us to be more deliberative of this plan over time even though we are approving it, but just make sure that as traffic evolves, as this development evolves, that we don't get ourselves in a position where we are stuck with something that couldn't have improved when we realized that changes may be needed. Is there some way for us to have ongoing discussion about Traffic Management Plans to be sure that as things do evolve that we are not in a position where we have locked ourselves in too far?

Transportation and Environmental Services Director O'Kane responded to his concerns.

Council Member Walker stated that as we look at the TMP in context of the Master Plan review that we should make sure that the individual Transportation Management Plans sort of mesh together.

WHEREUPON, upon motion by Vice Mayor Euille, seconded simultaneously by Councilwoman Pepper and Council Member Rich and carried unanimously, City Council approved Docket Item Nos. 15 and 16 as follows:

15. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #1, #6, #15 and #35, and the deleted conditions #10 and #32.

16. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

At this point, City Council considered Docket Item Nos. 6, 17, and 18 together; however, made a separate motion on each item.

6. SPECIAL USE PERMIT #97-0199 -- 800-802 NORTH HENRY STREET -- CARPENTER’S SHELTER -- Public Hearing and Consideration of a request for a special use permit extension for the existing homeless shelter; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Carpenter’s Shelter, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/14/98, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 5-303 of the Zoning Ordinance to allow homeless shelters in the CRMU-H/Commercial Residential Mixed Use-High zone with a special use permit. (#17 3/10/98) [ROLL-CALL VOTE]

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. SPECIAL USE PERMIT #97-0196 -- 930 NORTH HENRY STREET --CARPENTER’S SHELTER -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a homeless shelter; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Carpenter’s Shelter, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated March 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/14/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated March 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 3/14/98, 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. 18; 3/14/98, and is incorporated herewith as part of this record by reference.)

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

Duncan W. Blair, 112 South Alfred Street, Suite 300, attorney representing Carpenter's Shelter, spoke in support of these items;

Peter Lunt, 4201 Maple Tree Court, chairman of Carpenter's Shelter, spoke in support;

Kathy Holmes, representing Carpenter's Shelter, identified who she attempted to notice about these applications;

Mathew Tallmer, 1200 Braddock Place, #805, spoke against the old DMV site and presented a letter for the record on behalf of Braddock Place Condominium Association; a copy of Mr. Tallmer's statement and Braddock Place Condominium's letter are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of this item;

Peter Juge, 460 South Union Street, spoke in support;

Serina Vandegrift, 1200 Braddock Place, spoke against;

Vallerey Vandegrift, 1201 Madison Street, spoke against;

John A. Dietrich, 1200 Braddock Place, #508, spoke against; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Mary Ann Shelton, 1200 Braddock Place, #703, board member of Braddock Place Condominium Association, spoke against;

Fred De Luca, 307 Yoakum Parkway, #1022, representing Carpenter's Shelter, spoke in support;

Steve Stylianoudis, 1201 Madison Street, spoke against;

Poul Hertel, 1217 Michigan Court, representing Northeast Citizen Association, spoke against this site; a copy of his handout pertaining to conditions is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

Morton Langstaff, 400 North View Terrace, spoke in support;

Connie Graham, 1217 Michigan Court, spoke against this location;

Michael Yokitis, 123 Mount Vernon Avenue, representing Carpenter's Shelter volunteers, spoke in support;

Mary Martin, 802 North Henry Street, Deputy and Acting Director of Carpenter's Shelter, spoke in support;

Wayne Cofer, spoke in support;

Louise Forestall, representing St. Paul's Episcopal Church, spoke in support;

Jean Caldwell, 1117 Powhatan Street, representing the Northeast Citizen Association, spoke against;

Ellen Pickering, 103 Roberts Lane, spoke against the process;

William Noonan, 5333 Truman Avenue, spoke in support;

Jennifer Gibbins, 902 Pendleton Street, spoke against;

Crystal Collier, 729 South Fairfax Street, representing Christ Church, spoke in support and read a letter; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;

Sharon Meier, 816 Queen Street, #2, spoke in support;

Everett A. Reed, 1009 Vernon Street, spoke against;

Dale Seley, 2412 Cavendish Drive, pastor of Downtown Baptist Church, spoke in support;

Randy Kell, 502 Cathedral Drive, member of Carpenter's Shelter Board, spoke in support;

Antonio Domiani, 1112 First Street, spoke against; and

Jeffrey Yates, 2525 King Street, spoke against.

Council Member Rich suggested that it would be important for our Economic Development Partnership, working with the Chamber of Commerce, to take a look at the vacancy problem at Braddock Place next to the metro station.

Mayor Donley stated that the City is actively involved. He indicated that it is going to take individuals from the public and private sectors working together towards a common goal. This should be a community development priority because there are a variety of concerns in this area, i.e., ` economic, social and land use.

Vice Mayor Euille requested the City Manager, the Police Department and the Recreation, Parks and Cultural Activities Department to adequately and readily address the park problems which were alluded to by the speakers.

Vice Mayor Euille made the suggestion to improve police visibility in the neighborhood. He expressed concern about the lack of citizen desire and willingness to step forward to report any type of crime activity. Vice Mayor Euille suggested that the Police Department immediately begin a door-to-door community relations campaign in this neighborhood to find out what we can do to improve and protect the citizenry. He indicated that he is going to encourage people to call in their concerns.

Council Member Walker noted that we could use the number of people who have come together today sort of as the start of a catalyst for forming an economic plan for this area. She stressed that the use of Braddock Place metro is very important in our community and we should try to provide a way to marry those neighborhoods together and not have a big divide of Route 1. She indicated that, hopefully, this will be the beginning of a good economic plan and Council will be working with them in any way it can.

Councilman Speck indicated that he was looking forward to a "shining star" in a first-class designed building for Carpernter's Shelter.

Councilman Speck offered friendly amendments to Docket Item Nos. 6 and 18, which amendments are bolded in the motions and were accepted as friendly amendments.

6. WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #13, the deleted condition #3, and the added condition #14, and amended condition #12 to read as follows: 12. A Neighborhood Advisory Commission shall be developed, consisting of a representative from all neighborhood, civic, condominium and homeowners' associations in the immediate area of the Carpenter's Shelter, three representatives from commercial or business interests in the same area, and a representative from the Alexandria Redevelopment and Housing Authority. The applicant shall meet with the Commission regularly. The voting was as follows:

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

17. THEREUPON, upon motion by Council Member Walker, seconded by Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3980

AN ORDINANCE to amend and reordain Section 5-303 (SPECIAL USES) and Section 5-308 (CALCULATION OF FLOOR AREA RATIO AND USES), under Section 5-300 (CRMU-H/COMMERCIAL RESIDENTIAL MIXED USE (HIGH) ZONE), of Article V (MIXED USE ZONES) of City of Alexandria Zoning Ordinance (TA NO. 98-0002).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-303 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (I.1) to read as follows:

(I.1) Homeless shelter;

Section 2. That Section 5-308(B) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(B) Hotel, nursing or convalescent home, hospice or homeless shelter use shall be considered commercial.

Section 3. That Section 5-303 and Section 5-308 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. 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: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

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18. WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Speck and carried unanimously, City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the deleted condition #17 and the added conditions #27 and #28, and amended condition #25 to conform to the language of condition #12 in Special Use Permit #97-0199, which now reads as follows: 25. A Neighborhood Advisory Commission shall be developed, consisting of a representative from all neighborhood, civic, condominium and homeowners' associations in the immediate area of the Carpenter's Shelter, three representatives from commercial or business interests in the same area, and a representative from the Alexandria Redevelopment and Housing Authority. The applicant shall meet with the Commission regularly; and added a condition #29 to read as follows: 29. The applicant will work with the Police Department to determine the feasibility of a satellite police station on the site. [Councilman Speck noted that after chatting with the Chief, and it's not clear if that's the right spot but between you all, you can certainly determine the site.] The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by including the sheriff or the sheriff's designee as a member of the Alexandria Community Services Board. (#16 3/10/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated February 24, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/14/98, 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 unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3981

AN ORDINANCE to amend and reordain Section 12-2-1 (ESTABLISHMENT; COMPOSITION; APPOINTMENT; TERM OF OFFICE; REMOVAL) of Chapter 2 (ALEXANDRIA COMMUNITY SERVICES BOARD), Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) of The Code of the City of Alexandria, Virginia, 1981, as amended.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-2-1 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. 12-2-1 Establishment; composition; appointment; term of office; removal.

There is hereby established a board to be known as the Alexandria Community Services Board, herein referred to as the board. The board shall consist of 16 members, each of whom shall reside in the city while serving and shall have resided in the city for at least one year next preceding his appointment. The members, except the sheriff who is a member by virtue of his office, shall be appointed by the mayor, with the advice and consent of the council. At least one of the members of the board shall be a licensed physician; another member shall be the sheriff, or the sheriff's designee, who shall be a permanent member. The sheriff's designation, if any, shall be in writing and shall be delivered to the board chairman. Appointed members shall be appointed for terms of three years each except that, in the event that the terms of more than five members shall expire at one time, new appointments shall be staggered between one-, two- and three-year appointments to allow for no more than five terms to expire each year. The term of every member appointed shall run from July 1 of the year of appointment. No person shall be eligible to serve more than two successive terms; provided, that persons appointed to an initial term of less than three years may serve two additional, successive terms. Vacancies shall be filled for the balance of the unexpired terms in the same manner as original appointments. Members shall serve without compensation but may receive such reimbursement for expenses as council may allow. Any member of the board may be removed by the appointing authority for cause after being given a written statement of the cause and an opportunity to be heard thereon.

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

KERRY J. DONLEY
Mayor

Introduction: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

* * * * *

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 11-410 of the Zoning Ordinance to clarify and modernize the landscape requirements for site plan approval consistent with the adoption of official landscape guidelines. (#18 3/10/98) [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 Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3982

AN ORDINANCE to amend and reordain Subsection (CC) (ADEQUATE MINIMUM LANDSCAPING) of Section 11-410 (SITE PLAN REQUIREMENTS), under Section 11-400 (SITE PLAN), of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0001).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (CC) of Section 11-410 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(CC) Adequate minimum landscaping shall be provided as follows:

(1) All landscaping, including without limitation the utilization of reference standards and landscape plan submission requirements, protection and preservation of existing vegetation, specification of plant material in general and for street trees and parking areas, calculation of crown coverage, design and specification of bioretention plantings, and maintenance of plantings, shall be provided and performed as specified in guidelines prepared and maintained by the director of recreation, parks and cultural activities. The guidelines shall be known as the City's Landscape Guidelines, shall be made available to the public and shall be used by applicants in the preparation, submission for approval, execution and maintenance of landscape improvements, including as required by this section 11-410(CC).

(2) Area coverage of trees to be planted, together with the existing crown area of those retained, shall occupy at least 25 percent of the total land area of the proposed project. With the approval of the planning commission, up to 50 percent of the required landscaping may consist of new trees planted on adjacent public right-of-way or other public land or of on-site, roof-top, deck or plaza plantings; provided that, in the case of uses in certain zones which are permitted to cover 100 percent of the total land area of the proposed project, up to 100 percent of the required landscaping may consist of new trees planted on adjacent public right-of-way or other public land or of on-site, roof-top, deck or plaza plantings, with the approval of the planning commission. Total land area for purposes of this paragraph shall be the area shown on the site plan as the area of the site plan under consideration. All proposed plantings, including, but not limited to, shade trees, ornamental trees, evergreen trees, shrubs, groundcovers and turf grasses to be planted, shall be provided in accordance with the Landscape Guidelines.

(3) The planning commission or city council on appeal may require screening on site plans where a commercial or industrial use abuts a residential use or is directly across the street or other public right-of-way from a residential use. The screening may be composed of either plant or man-made materials. Where plant material is required, it may be included as part of the 25 percent area coverage of trees and shrubs required in section 11-410(CC)(1) above.

(4) Approved measures and methods shall be provided to preserve and protect existing vegetation from damage during construction and to protect vegetation in the public right-of-way. Methods for preservation and protection shall be approved by the director of recreation, parks and cultural activities in accordance with the Landscape Guidelines.

(5) Any parcel proposed to be used for the outdoor display or storage of motor vehicles shall be required at a minimum to contain a landscaped buffer at a depth of six feet and a minimum height of three feet located along those streets upon which such parcel has frontage.

(6) (a) Where nonstructured surface parking areas are provided, they shall be designed with planting areas in the surface area at intervals to be determined by the director of recreation, parks and cultural activities and the director of transportation and environmental services. The planting areas shall be in the form of curbed space of sufficient size to permit the planting of trees and shrubs which may overhang the curbed space without damage from cars.

(b) Where a required surface parking lot abuts a public road or sidewalk, there shall be provided a landscaping strip at least six feet in width between the abutting right-of-way and the parking lot.

(c) Area coverage of trees or shrubs planted in the breaks and strips may be calculated as part of the landscaping required by section 4-110(CC)(1) above.

(7) The location and type of all ground cover proposed to be planted on all disturbed areas of the site shall be indicated but this paragraph shall not operate as a limitation upon any landscaping that city council may require as a condition attached to a special use permit.

(8) In addition to the provisions of this section 11-410(CC), further requirements relating to street trees within the site and on public rights-of-way adjacent to the site are set forth in section 11-412(D)(6).

(9) Where trees are to be planted within the public right-of-way, they shall be planted in appropriate tree wells and provided protection as determined to be necessary and appropriate by the director of recreation, parks and cultural activities.

Section 2. That Section 11-410 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: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

* * * * *

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city's master plan for the property at 2201 Eisenhower Avenue, Mill Race-Old Town Commons, which is within the Coordinated Development District-Eisenhower Avenue. (#19 3/10/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3983

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. 97-0009, 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. 97-0009, an application has been made to amend the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan the guidelines for development with a CDD Special Use Permit or CCD No. 2, Eisenhower Avenue, to allow the provision of either on-site affordable housing or a contribution to the affordable housing trust fund, as a condition for height and density bonuses within the CDD District.

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 - Height and Density Bonuses - Paragraph 10" be, and the same hereby is, amended to read as follows:

10. Projects within 1000 feet of metro shall also be considered for height and density bonuses if an affordable housing contribution of no less than $1.05 (adjusted for inflation after 1992) per net square foot of total development is made to the City's Affordable Housing Trust Fund. The contribution may be used for either on site or off site housing at the discretion of the Council. Height with bonuses shall not exceed 250 feet for a signature building, with an overall average of 200 feet for the entire project. Density with bonuses shall not exceed 3.75 F.A.R. overall, with a minimum of 1.625 for the residential component.

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, 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: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

* * * * *

22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way at 2310-2318 Mill Road. (#20 3/10/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3984

AN ORDINANCE to vacate a portion of the public street right-of-way, consisting of total land area of 74 square feet, at 2310-2318 Mill Road, in the City of Alexandria.

WHEREAS, Old Town Development Company, L.L.C. ("Applicant"), has applied for the vacation of a portion of the public street right-of-way at 2310-2318 Mill Road, consisting of a total land area of 74 square feet, at the northwest corner of Mill Road and Eisenhower Avenue; and

WHEREAS, the public right-of-way to be vacated by this ordinance is shown on the plat, dated June 26, 1997, and prepared by Holland Engineering (the "Plat") (attached hereto); and

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

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

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

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

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the public right-of-way at 2310-2318 Mill Road, consisting of total land area of 74 square feet, as shown on the Plat, be, and the same hereby is, vacated.

Section 2. That this vacation is subject to the Applicant complying with each of the conditions set forth below:

1. That Applicant provide the city with a plat of consolidation, joining the area being vacated by this ordinance with the adjacent parcel of private property.

2. That all easements for public and/or private utilities, including sanitary sewers, existing within the area being vacated by this ordinance are reserved.

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

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

Section 5. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until the conditions set forth above in Section 2 have been satisfied, and thereafter a copy of this ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Certification by the clerk shall constitute conclusive evidence that the conditions set forth in Section 2 have been satisfied. Recordation of the certified ordinance shall be indexed in both the name of the CITY OF ALEXANDRIA and the name of OLD TOWN DEVELOPMENT COMPANY, L.L.C., and such recordation shall be done by the Applicant at its own expense.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

* * * * *

23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way at 5005 Duke Street. (#21 3/10/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3985

AN ORDINANCE to vacate a part of the public street right-of-way of the 5000 block of Duke Street, located to the east of North Pickett Street, in the City of Alexandria, Virginia.

WHEREAS, the City of Alexandria seeks the vacation of 6,549 square feet of irregularly shaped, excess public street right-of-way, resulting from the removal of the service road on the north side of the 5000 block of Duke Street, and intends to consolidate the vacated land with the parcel of property on which the new Alexandria Central Library is to be constructed; and

WHEREAS, the 6,549 square foot area of land is shown on the plat prepared by Patton Harris Rust & Associates and dated October 28, 1997 ("Plat") (attached hereto); and

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

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

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

WHEREAS, in consideration of the report of the viewers recommending the vacation and of other evidence relative thereto, the Council of the City of Alexandria has concluded that the 6,549 square foot parcel of public street right-of-way as shown on the Plat is no longer needed for public use and that it is in the public interest that it be vacated; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the 6,549 square foot parcel of public street right-of-way, as shown on the Plat be, and the same hereby is, vacated.

Section 2. That the city shall prepare and record among the land records of the City of Alexandria a plat of consolidation that consolidates the parcel being vacated by this ordinance and the adjacent Alexandria Central Library parcel.

Section 3. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until a copy of the ordinance has been certified by the city clerk and has been recorded among the city land records as deeds are recorded. Recordation of the certified ordinance shall be indexed in the name of the CITY OF ALEXANDRIA.

KERRY J. DONLEY
Mayor

Attachment: Vacation Plat

Introduction: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

* * * * *

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize a temporary encroachment into the public right-of-way for a sales trailer at 302-304 Princess Street. (#22 3/10/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 3986

AN ORDINANCE authorizing an encroachment into the public street right-of-way at 302-304 Princess Street, in the City of Alexandria, Virginia.

WHEREAS, Gadsby's Court, L.L.C. ("Applicant"), is the developer of the property located at 302-304 Princess Street in the City of Alexandria, Virginia; and

WHEREAS, Applicant desires to establish and maintain an encroachment into the public street right-of-way at 302-304 Princess Street; and

WHEREAS, the public right-of-way at that point in the 300 block of Princess 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 Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Applicant be, and hereby is, authorized to establish and maintain an encroachment into the public street right-of-way at 302-304 Princess Street, said encroachment to consist of a sales trailer that will be placed temporarily in said right-of-way and will run approximately 20 feet in length and extend eight feet in width, and to comply with the conditions set forth below; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Applicant of liability for any negligence on its part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain the encroachment shall at all times be subject to the following conditions:

1. The sales trailer may remain in the public right-of-way for a maximum of six months after enactment of this ordinance, at which time it shall be removed by Applicant.

2. Prior to the trailer's placement in the right-of-way, the location of the sales trailer must be approved by the Directors of Planning and Zoning and of Transportation and Environmental Services.

3. Prior to the trailer's placement in the right-of-way, the design of the sales trailer, including any signs, must be approved by the Director of Planning and Zoning.

4. No trees shall be removed or disturbed in connection with the installation, maintenance or removal of the sales trailer.

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

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

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

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

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

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

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

Section 8. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 3/10/98
First Reading: 3/10/98
Publication: 3/11/98; 3/12/98
Public Hearing: 3/14/98
Second Reading: 3/14/98
Final Passage: 3/14/98

* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (25 - 29)

Planning Commission (continued)

25. 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

26. 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: Noted the Deferral

27. 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: Deferred 7-0

28. TEXT AMENDMENT #98-0006 -- SIGNS IN RIGHTS-OF-WAY -- Public Hearing and Consideration of an amendment to Section 9-104(E) of the Zoning Ordinance to prohibit political signs in the public rights-of-way. Staff: City of Alexandria, Department of Planning and Zoning.

COMMISSION ACTION: Deferred 6-1

29. 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 7-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.

New Business Item No. 1: WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, at 1:20 p.m., City Council convened an executive session at this time for the purpose of discussion or considering the acquisition of real property for public purpose, pursuant to Virginia Code section 2.1-344(A)(3). The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried on a vote of 5-to-0, at 1:38 p.m., City Council reconvened the meeting. The voting was as follows:

Rich "aye" Cleveland "aye"
Euille "aye" Pepper out of room
Donley "aye" Speck "aye"
Walker out of room
WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council adopted the resolution pertaining to the executive session. The voting was as follows:

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

The resolution reads as follows:

RESOLUTION NO. 1863

WHEREAS, on this 14th day of March, 1998, the Alexandria City Council did recess into executive session pursuant to a motion made and adopted in accordance with the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by City Council that such executive session was conducted in accordance with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that city council does hereby certify that, to the best of each member's knowledge, only public business matters that were identified in the motion by which the executive session was convened, and that are lawfully exempted by the Freedom of Information Act from the Act's open meeting requirements, were heard, discussed or considered by council during the executive session.

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, the Public Hearing Meeting of Saturday, March 14, 1998, was adjourned at 1:40 p.m. The voting was as follows:

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

* * * * *

APPROVED BY:

__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:

_____________________________________________
Beverly I. Jett, CMC City Clerk

This docket is subject to change.

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

* * * * *

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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