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Public Hearing Meeting
Saturday, May 16, 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: Ms. Steele, Deputy 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; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Mr. Simmons, Acting Director of Parks, Recreation and Cultural Activities; Mr. Smith, Board of Architectural Review Staff; 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, with Councilman Speck arriving at 10:15 a.m.

2. Public Discussion Period.

(a) Caroline Meirs, 2942 South Columbus Street, representing the King Street-Beauregard Neighborhood Alliance, Inc., spoke against the proposed King Street overpass.

(b) Jim Atherton, 4665 Kell Lane, representing the King Street-Beauregard Neighborhood Alliance, Inc., opposed the proposed King Street overpass. A copy of Mr. Atherton's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Public Discussion (b); 5/16/98, and is incorporated herewith as part of this record by reference.

(c) Dina L. Biblin, 4688 Kirkpatrick Lane, representing the Stonegate Foundation, Inc., spoke against the proposed King Street overpass.

Members of City Council and Transportation and Environmental Services Director O'Kane participated in the discussion with regard to the proposed King Street overpass. Once the State completes its traffic study, it was noted that possibly a City Council Neighborhood Meeting would be held at the John Tyler Building of the Northern Virginia Community College on this issue and other issues of this area.

(d) John Chapman Gager spoke.

New Business Item No. 1: Councilman Cleveland made an announcement that today from 8:00 a.m. to 3:30 p.m., at the Minnie Howard School, 3801 West Braddock Road, the NAACP along with their Youth Council is holding a forum, "Youth Moving to Reality", sponsored by the Alexandria Public Schools, the Alexandria Police Department, the Northern Virginia Urban League, and Project Discovery.

New Business Item No. 2: Council Member Rich spoke to an e-mail he received this week from M. Gannon and a letter regarding a continuing turmoil or conflict over the use of baseball fields in Alexandria. Part of the problem is that we don't have enough fields. He indicated that he feels that it is important that we get some lines of communication open as a way to resolve the priority questions and make sure that we are doing this thing in the fairest and most reasonable way possible.

Acting Recreation, Parks and Cultural Activities Director Simmons addressed the concerns and indicated that discussions are being held between ABI and Bishop Ireton to resolve some of the issues raised by Mr. Gannon. He will report back to the City Manager and City Council with the results of the meetings being held.
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-15)

Planning Commission

WITHOUT OBJECTION, City Council withdrew Docket Item No. 3 from the Consent Calendar.

4. SPECIAL USE PERMIT #97-0192 — 4803-A EISENHOWER AVENUE -- PS 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.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/16/98, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #98-0022 — 1623 DUKE STREET — TABLE TALK -- Public Hearing and Consideration of a request for extension of a special use permit, with site plan, to construct an office building; zoned OCH/Office Commercial High. Applicant: Mostafa Movahed, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/16/98, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #98-0027 — 1115 MARTHA CUSTIS DRIVE — CHARLES BARRETT ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install one temporary trailer for classroom use; zoned RB/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/16/98, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #98-0029 — 5700 SANGER AVENUE — WILLIAM RAMSAY ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install one temporary trailer for classroom use; zoned POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.
(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/16/98, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #98-0030 — 5651 RAYBURN AVENUE — JOHN ADAMS ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding sign; zoned R-12/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/16/98, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #98-0031 — 1005 MOUNT VERNON AVENUE -- GEORGE WASHINGTON MIDDLE SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding sign; zoned RB/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/16/98, and is incorporated herewith as part of this record by reference.)

10. SPECIAL USE PERMIT #98-0032 — 3801 WEST BRADDOCK ROAD — MINNIE HOWARD SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install a freestanding sign; zoned R-12/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/16/98, and is incorporated herewith as part of this record by reference.)
11. SPECIAL USE PERMIT #98-0033 — 5100 FILLMORE AVENUE — THE WASHINGTON HOUSE -- Public Hearing and Consideration of a request for a special use permit to add an out-patient senior health fitness center within a home for the elderly; zoned RC/Residential. Applicant: Arlington Elder Care Corporation, dba/The Washington House, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/16/98, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #98-0035 — 1400 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit to expand an existing commercial school to include additional classroom space and increase the number of students; zoned OCM-50/Office Commercial Medium. Applicant: TESST Technology Institute, by R. Wayne Moore.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/16/98, and is incorporated herewith as part of this record by reference.)

13. 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.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/16/98, and is incorporated herewith as part of this record by reference.)

14. ENCROACHMENT #98-0003 — 101 NORTH WEST STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for bay windows and entrance cover; zoned CD/Commercial Downtown. Applicant: George Thomas Pick.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/16/98, and is incorporated herewith as part of this record by reference.)













15. SPECIAL USE PERMIT #98-0023 — 1900 DUKE STREET — CARLYLE SITE -- Public Hearing and Consideration of a request for an amendment to a special use permit to change the sign guidelines for the Carlyle site; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/16/98, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council approved the Action Consent Calendar as presented with the exception of Docket Item No. 3 which was considered under separate motion. The Planning Commission recommendations are as follows:

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

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

6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #2.

7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with applicable codes, ordinances and staff recommendations and the amended condition #2.

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.

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck not yet arrived

3. MASTER PLAN AMENDMENT #98-0001 — BICYCLE AND MULTI-USE Public Hearing and Consideration of an 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.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated May 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/16/98, and is incorporated herewith as part of this record by reference.)

Deputy City Manager Steele explained the modifications and clarifications.

At 10:15 a.m., Councilman Speck arrived.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the amendment to the Transportation Chapter of the 1992 Master Plan to add the Bicycle Transportation and Multi-use Trail Master Plan with the clarifications and modifications as outlined in the May 14, 1998 memorandum from the City Manager, which read as follows:

Clarifications and Modifications

1. The drawings and maps which show the alignments and access points of proposed bicycle routes and multi-use trails are presented for illustrative purposes only, and do not necessarily indicate the final alignments and access points of any proposed multi-use trail;

2. The first paragraph of Appendix E: Site Plan Recommendations for Bicycle Parking, Showers, and Clothes Lockers, on page 47 (Attachment I), shall read:

3. Clarification will be made to the illustrations in the published document to eliminate inconsistencies in the location of any on or off-street trails.

These modifications have been reviewed by and agreed to by City staff, Howard Middleton representing the Northern Virginia Building Industry Association (NVBIA), Jonathan Rak representing the National Association of Industrial and Office Properties (NAIOP), Jeff Sofferman representing Potomac Yard, and Bruce Dwyer and Chan Mohney representing the Alexandria Bicycle Study Committee.

The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

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

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of the Alexandria League of Women Voters' letter dated May 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Michael E. Hobbs, 419 Cameron Street, representing the Alexandria Republican City Committee, spoke in support; a copy of Mr. Hobbs' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

F. Brett Berlin, 4008 Ellicott Street, spoke in support; and

Steve Pershing, 614 Crestwood Drive, representing ACLU of Virginia, Northern Virginia Chapter, spoke in support

Members of City Council participated in a dialogue with Mr. Pershing.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 6-to-1, City Council tabled this item. The voting was as follows:

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

17. SPECIAL USE PERMIT #98-0025 -- 3610-F KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant for ice cream sales, with carry-out service; zoned CG/Commercial General. Applicant: Maggie Moo's of Alexandria, by Richard J. Sharoff.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/16/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck directed questions to the applicant.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

18. SPECIAL USE PERMIT #98-0026 -- 3654 KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a health club; zoned CG/Commercial General. Applicant: TSI Alexandria, Inc., t/a Washington Sports Club, by Michael J. McHugh, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Joanne Lepanto, 4009 North Garland Street, representing the Seminary Hill Association, Inc., presented a list of questions and concerns of the Association; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item; and


Michael McHugh, 2000 North 14th Street, Suite 210, Arlington, VA, representing the applicant, spoke in support of this application and answered questions of City Council.

WITHOUT OBJECTION, Cyril D. Calley, attorney for Washington Real Estate Investment Trust, owner of Bradlee Shopping Center, responded to questions with respect to the new Post Office and the rear portion of this property.

Councilman Speck directed questions to members of the Planning and Zoning staff. He would like staff to take a look at and explain why there is a discrepancy in the number of parking spaces, i.e., 722 vs. 811. Planning and Zoning Director Lynn and Transportation and Environmental Services Director O'Kane spoke to the issue of parking spaces.

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

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

19. SPECIAL USE PERMIT #98-0020 — 5800 EDSALL ROAD — ENTERPRISE LEASING -- Public Hearing and Consideration of a request for a special use permit to operate an automobile sales and rental business; zoned CG/Commercial General. Applicant: Enterprise Leasing Company, by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of Ms. Terpak's letter dated May 13, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Tracy Steele Scileppi, 2200 Clarendon Boulevard, attorney representing the applicant, spoke in support and offered amendments to the application.

Councilwoman Pepper spoke to the landscaping plan and to the potholes in the parking lot.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes and ordinances and staff recommendations and the amended conditions #14, and #15, and amended conditions #20 and #21, with the modifications as read by legal counsel for the applicant which read as follows: 20. To require the preparation by the applicant of a parking, paving, and final landscape plan acceptable to the Director of Planning and Zoning by June 30, 1998, the modification is to add parking and paving to the requirement to do a landscape plan; and 21. To require that the landscaping required by Condition #20, be installed by November 1, 1998, and maintained in good condition, the modification there is to extend the deadline by which the landscape plantings would be in place from June 30 to November 1, 1998. The voting was as follows:

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

20. 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.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated May 15, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support with modifications; and

William L. McCulla, 5867 Doris Drive, spoke in support of the Planning Commission recommendation.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the amendment to the special use permit, subject to all applicable codes, ordinances, and staff recommendations, with the Planning Commission changes to condition #86, and changed condition #85 to read as follows: 85. (a) The applicant shall be responsible, until the release of the Phase I maintenance bond, for all costs of restoration or reconstruction of park facilities and landscaping reasonably attributable to the maintenance, repair or replacement of the utility conduits located in the parkland; (b) Such restoration or reconstruction shall be performed to the reasonable satisfaction of the Directors of T&ES and Parks and Recreation. In the event of damage to any existing tree or other landscaping, the replacement stock shall, to the maximum extent feasible, be of equivalent size and maturity and shall be of the same species, and in no event shall any replacement tree be less than 4 inches in caliper; and (c) The applicant shall, prior to completion of the utility conduits, post with the City a bond with corporate surety satisfactory to the City Attorney, in the penalty of $165,446.00, to secure the obligations imposed by this condition, such bond to continue in force and effect until the maintenance bond for Phase I shall have been released by the City. The voting was as follows:

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

21. SPECIAL USE PERMIT #98-0018 — 4102-4128 MOUNT VERNON AVENUE — SHOPS ON THE AVENUE -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a retail shopping facility; zoned CL/Commercial Low. Applicant: A. J. Dwoskin and Associates, Inc., by Engin Artemel.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Engin Artemel, 218 North Lee Street, representing the applicant, spoke in support of this application and requested an amendment to condition #23.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the proposed special use permit, subject to all applicable codes, ordinances and staff recommendations, with the amended condition #3, and the added conditions #22, and 24, and amended condition #23 to read: 23. A pedestrian connection shall be provided at the south end of the center to the satisfaction of the Director of P&Z. The voting was as follows:

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

22. SPECIAL USE PERMIT #98-0024 — 3020 COLVIN STREET -- Public Hearing and Consideration of a request for a special use permit to change the ownership and to continue to operate an automobile repair garage; zoned I/Industrial. Applicant: Juan Julio Rioja.

(A copy of the Planning Commission report dated May 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Samuel Del Brocco, an abutting property owner and chairman of the Colvin/Duke Improvement Coalition, spoke against; and

Rafael Betancourt, 4315 Vermont Avenue, spoke in support.

Councilman Speck suggested that staff find a way to communicate to the current owner and operator of this business, what he is going to need to do to bring this business into full compliance with our requirements, so that if at some point he wants to change ownership, we aren't penalizing a new applicant.

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

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

23. CASE BAR-98-0043PG -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Parker-Gray District, on March 25, 1998, denying a request for approval of alterations at 425 North Alfred Street, zoned CL Commercial. Applicant and Appellant: Dorthea G. Campbell.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated April 6, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 5/16/98, and is incorporated herewith as part of this record by reference.)

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

Elizabeth F. Penny Jones, 2105 Russell Road, representing the Historic Alexandria Foundation, spoke against the appeal;

Kevin Sneed, 309 East Glendale Avenue, #4, representing the Parker-Gray District Board of Architectural Review, spoke against the appeal and answered questions of City Council; and

Lynnwood Campbell, 521 South Henry Street, spoke in support of the appeal; a copy of Mr. Campbell's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.










WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, City Council overturned the Board of Architectural Review decision and approved the appeal from the applicant to allow a brick front subject to the approval of staff in terms of color, that the applicant build new front steps to be approved by staff, and the storm door to be approved by staff. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item Nos. 24 and 25 together and under one motion.

24. CASE BAR-98-0015 -- Public Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria, on April 1, 1998, granting and denying portions of a request for approval of a permit to demolish/capsulate portions of 206 Duke Street, zoned RM Residential. Applicants and Appellants: Harry F. Hopper, III and Maria Hopper by Robert B. Adams, AIA, and Duncan W. Blair, Esquire.

(A copy of the Board of Architectural Review Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated April 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 5/16/98, and is incorporated herewith as part of this record by reference.)

25. CASE BAR-98-0016 -- Pubic Hearing on and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on April 1, 1998, denying a request for approval of an addition, alterations, and installation of a rooftop HVAC unit at 204-206 Duke Street, zoned RM Residential. Applicants and Appellants: Harry F. Hopper, III and Maria Hopper by Robert B. Adams, AIA, and Duncan W. Blair, Esquire.

(A copy of the Board of Architectural Review Report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated April 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 5/16/98, and is incorporated herewith as part of this record by reference.

Copies of communications received on these items are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item Nos. 24 and 25; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated May 14, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item Nos. 24 and 25; 5/16/98, and is incorporated herewith as part of this record by reference.



Copies of the proposed modifications submitted by the architect on May 16, 1998, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item Nos. 24 and 25; 5/16/98, and is incorporated herewith as part of this record by reference.

A copy of the draft verbatim transcript for these items is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of Item Nos. 24 and 25; 5/16/98, 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 the applicants and appellants, spoke in support of the appeals;

Robert Bentley Adams, 405 South Washington Street, architect representing the applicants and appellants, spoke in support of the appeals and submitted proposed modifications;

Harry F. Hopper, 517 South Fairfax Street, applicant and appellant, spoke in support of the appeals;

Nicholas Perrins, 109 Duke Street, spoke in support of the appeals;

Wayne Fischer, 317 Wolfe Street, spoke in support of the appeals;

Ken Carpi, 202 Duke Street, spoke in support of the appeals;

Jake Hoogland, 527 South Fairfax Street, spoke in support of the appeals;

John Hynan, 405 South Fairfax Street, representing the Old Town Civic Association, spoke against the appeals;

Oscar Fitzgerald, 206 West Monroe Street, representing the Old and Historic Alexandria District Board of Architectural Review, spoke against the appeals and in support of the action of the BAR;

Elizabeth F. Penny Jones, 2105 Russell Road, representing the Historic Alexandria Foundation, spoke against the appeals;

Christopher M. Campagna, 2612 Fordham Road, representing the Historic Alexandria Foundation, spoke against the appeals;

Charles L. Trozzo, 209 Duke Street, representing the Alexandria Historic Restoration and Preservation Commission, spoke against the appeals;

Gail C. Rothrock, 209 Duke Street, representing the Historic Alexandria Foundation, spoke against the appeals;

Jane Washburn Robinson, 404 Duke Street, spoke against the appeals; and

Lynn Neihardt, 825 South Fairfax Street, representing the Board of Architectural Review, Old and Historic Alexandria District, spoke against the appeals.

Members of City Council, Attorney Blair, and Board Member Fitzgerald participated in a discussion on these items.
City Council requested that a work session be scheduled with the Boards of Architectural Review.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 5-to-2, City Council reversed the Board of Architectural Review decision on both Docket Item Nos. 24 and 25, and granted the appeals of the applicant, with the condition that Alexandria Archaeology be notified if construction reveals that there are on-site remains. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by permitting small benches that do not interfere with pedestrian traffic to encroach into public rights-of-way. (#20 5/12/98) [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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3995

AN ORDINANCE to amend and reordain Section 5-2-29 (STREET ENCROACHMENTS) of Chapter 2 (STREETS AND SIDEWALKS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 5-2-29 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 5-2-29 Street encroachments.

Any encroachment into a public street, alley, sidewalk or other right-of-way may be authorized only by a special ordinance adopted by city council, unless the encroachment is authorized pursuant to one of the following exceptions or is otherwise authorized by this code or the City of Alexandria Zoning Ordinance:

(a) Steps. Steps not more than 12 feet in length, including the required landings, may project beyond the street lot line up to five feet on streets with a right-of-way width of 100 feet or more, up to four feet on streets with a right-of-way width between 66 and 100 feet, up to three feet on streets with a right-of-way width between 50 and 66 feet and, notwithstanding the above, up to 20 inches on Union Street and on King Street between the Potomac River and the R.F.&P. railroad right-of-way. The term "steps" in this subsection includes ramps and similar structures necessary to provide access to the handicapped.

(b) Architectural decorations. Belt courses, lintels, sills, architraves, pediments and similar architectural decorations may project up to four inches beyond the street lot line when less than 10 feet above the curb level, and up to 10 inches beyond the street lot line when 10 feet or more above the curb level.

(c) Signs. A sign may be erected or displayed flat against a building wall or at an angle thereto, so long as the sign does not project more than four feet from the building wall or within one foot of an established curb line and the bottom of the sign is at least eight feet above a sidewalk or parking area and at least 14.5 feet above an alley.

(d) Canopies, awnings and marquees. Canopies, awnings and marquees suspended from a building or structure with no ground supports, having a clearance of at least eight feet above a sidewalk, extending no more than four feet beyond the front property line, and extending to no more than one foot from the established curb line, may be erected.

(e) Nonpermanent planters. Planters which are nonpermanent may be located in a right-of-way subject to the following:

(1) A permanent planter is one which is attached in any permanent manner to a public right-of-way or to a building, building appurtenance or any other structure, or which rests on a foundation or substructure other than a sidewalk. A permanent planter requires a building permit and an encroachment ordinance. Above-grade permanent planters located in an historic district also require approval by the board of architectural review.

(2) A nonpermanent planter is a portable container that is light enough to be transported by two people when empty of soil and plants.

(3) A nonpermanent planter may not project into a public right-of-way more than steps would be allowed to project under subsection (a) above and may not exceed 30 inches in height. There is no limit to the number of planters permitted as long as the conditions of this subsection (e) are complied with and the planters are maintained in good condition.

(4) A nonpermanent planter must be located so as to maintain a path for public travel at least five feet in width at all points, along any adjacent sidewalk.

(5) A permit for a nonpermanent planter must be obtained from the department of transportation and environmental services. The permit application shall include the address of the planter, adequate location drawings, and a sketch, photo or dimensions of the planter. Visual inspection by the director of transportation and environmental services or his designee may be substituted for drawings if the location and description of the planter are recorded on the permit application. After a permit has been granted, it may be revoked and the planter removed from the right-of-way by the director or his designee whenever the applicant fails to comply with any permit conditions. A permit application will be reviewed to determine compliance with the following:

a. The location of the planter shall not unduly obstruct the public right-of-way.

b. The planter shall be of such design and construction, and the contents shall be of such nature, so as not to constitute a nuisance or public hazard.

c. The planter shall be of a design, material and color which are generally recognized as intended for and suitable for the display of plant materials on the public right-of-way in an urban environment and, if located in an historic district, are compatible with the streetscape in the district and are consistent with the applicable design guidelines adopted by the board of architectural review.

d. The owner of the planter shall agree to move the planter whenever the city requires access to the planter location.

(f) Benches. Benches and similar street furniture may be placed in a public right-of-way, subject to the following:

(1) The bench or street furniture shall be located immediately adjacent to the closest building wall, shall touch the wall along the length of the bench or street furniture, and shall not project from the wall more than 30 inches.

(2) The bench or street furniture shall not be used as part of a business for advertising, or for making sales or providing services to customers, and shall be available for use by the general public.

(3) The director of transportation and environmental services or his designee shall review any bench or street furniture proposed for a right-of-way and its location, and approve it if he finds that it will not interfere with pedestrian access and safety, will not be an attractive nuisance and will promote the health, safety and welfare of the city.

(4) The director of planning and zoning or his designee shall review any bench or street furniture proposed for a right-of-way and shall approve it if he finds that its design is compatible with the character of the surrounding area.

(g) Encroachment requirements. In addition to any other restrictions or requirements imposed by this code or the City of Alexandria Zoning Ordinance, the owner of any sign, canopy, awning or marquee, nonpermanent planter, bench or similar street furniture that encroaches into a public right-of-way pursuant to this section shall also comply with the following:

(1) Liability insurance. The owner shall obtain and maintain a policy of general liability insurance in the amount of $1,000,000 which will indemnify the owner (and all successors in interest), and the city as an additional named insured, against all claims, demands, suits and related costs, including attorneys' fees, arising from any bodily injury or property damage which may occur as a result of the encroachment.
(2) Removal of encroachment. The owner or any successor in interest shall remove the encroachment if the city determines that the encroachment interferes with public access or is otherwise inconsistent with the public welfare. In such case, the city shall provide the owner or successor in interest with written notice of the need to remove the encroachment at least 10 days prior to the date on which the removal must be completed. If the owner or successor in interest cannot be found, or fails to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of the owner or successor, and shall not be liable for any loss or damage to the encroaching structure that may occur as a result of the removal.

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

KERRY J. DONLEY
Mayor

Introduction: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

27. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by (i) authorizing the city's Youth Policy Commission to act as the city's youth services citizen board under Virginia Code section 66-29, (ii) providing that a majority of the commission members must be individuals who are neither elected officials nor employees of a private or public service agency that provides services to the city's youth, and (iii) adding one additional citizen member to the commission. (#21 5/12/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 29, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 5/16/98, 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 unanimous ROLL-CALL vote, City Council finally passed the substitute ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The substitute ordinance finally passed reads as follows:

ORDINANCE NO. 3996

AN ORDINANCE to amend and reordain sections 12-13-1 (CREATION OF COMMISSION) and 12-13-2 (COMPOSITION, APPOINTMENTS, TERMS; CHAIRPERSON, OFFICERS, COMMITTEES), and to add a new subsection (b) to section 12-13-2 (COMPOSITION, APPOINTMENTS, TERMS; CHAIRPERSON, OFFICERS, COMMITTEES), all of Chapter 13 (YOUTH POLICY COMMISSION), 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 12-13-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 12-13-1 Creation of commission; designation as youth services citizen board.

There is hereby established a commission to be known as the Youth Policy Commission (hereinafter referred to in this chapter as the commission). This commission is designated and authorized to act as the city's youth services citizen board for purposes of section 66-29 of the Code of Virginia (1950), as amended.

Section 2. That Section 12-13-2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 12-13-2 Composition; appointment; terms; chairperson and officers; committees.

(a) The commission shall consist of 19 members, 18 of whom shall be voting members and one a non-voting member. Ten of the voting members shall be citizens, two shall be from community non-profit agencies that have an interest in youth issues, four shall be from the public sector, and two shall be from city boards or commissions or other organizations which have an interest and involvement with youth. The majority of the members of the commission shall not be elected officials or employees of a public or private service agency that provides services to the city's youth. The non-voting member shall be a judge from the juvenile and domestic relations court, as determined by the chief judge of that court.

(1) Citizen members. These ten members shall be appointed by city council and shall be city residents. They shall consist of: three parents of children 18 years of age or younger, one of whom shall be a resident of school board election District A, one of whom shall be a resident of District B and one of whom shall be a resident of District C (see section 12-1-4); two individuals eighteen years or younger; two representatives of the business community; two members of professions which require special training or knowledge in issues affecting youth; and one individual who has an interest in issues affecting youth in the city. The terms of the citizen members shall be three years and shall be staggered.

(2) Community non-profit agency members. These two members shall be appointed by city council and shall be city residents. They shall represent non-profit community agencies that have an interest in youth issues. The terms of these members shall be three years and shall be staggered.
(3) Public sector members. These four members shall be the mayor, the commonwealth's attorney, a member of the school board designated by the board, and a member of the public health advisory commission designated by the commission. The mayor and the commonwealth's attorney shall serve on the commission for so long as he holds office. The other two public sector members shall serve terms of three years which shall be staggered.

(4) Members from city boards or commissions or other organizations. These two members shall be appointed by city council, and shall be residents of the city who are members of city boards or commissions, or of other organizations, which, in the course of performing their duties and functions, come into significant contact with the city's youth or which otherwise have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(b) The commission shall elect from among its voting members a chairperson and such other officers as it deems necessary.

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

KERRY J. DONLEY
Mayor

Introduction: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

28. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by increasing the membership of the Alexandria Community Policy and Management Team to nine in order to add an additional parent representative. (#22 5/12/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 29, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 5/16/98, 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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3997

AN ORDINANCE to amend and reordain section 12-12-2 (COMPOSITION; APPOINTMENT; TERMS AND COMPENSATION OF MEMBERS; FILLING VACANCIES), of Chapter 12 (ALEXANDRIA COMMUNITY POLICY AND MANAGEMENT TEAM) of 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 12-12-2 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. 12-12-2 Composition; appointment; terms and compensation of members; filling vacancies.

The community policy and management team created by section 12-12-1 shall consist of nine members. Six of the nine members shall be the following public officials or the designees of such officials: the executive director of the Alexandria community services board, the director of the Alexandria juvenile court services unit, the director of the city's department of health, the director of social services within the city's department of human services, the superintendent of schools, and the city's director of financial and informational services. The remaining three members of the team shall be a representative of a private organization or association of providers of children's or family services whose office is located within the city, and two parent representatives who are not employees of any public or private program which serves children and families. All members of the team shall be appointed by city council and shall serve for a term of two years; provided, that the private provider representative and the parent representative members shall be appointed by council, upon the recommendation of the public official members of the team. All members of the team shall file the financial disclosure form required by section 2-5-11 of this code, and their filing shall be in accordance with the provisions of said section. Any vacancy occurring in the provider representative or parent representative positions on the team shall be filled for the balance of the unexpired term in the same manner as original appointments to such positions are to be made. Members of the team shall serve without compensation, but may receive such reimbursement for expenses as city council may allow.

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

KERRY J. DONLEY
Mayor

Introduction: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

29. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City Code by adding a new section 5-6-40 to prohibit construction of new combined sewers and certain connections to existing combined sewers. (#23 5/12/98) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 30, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 5/16/98, 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 Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3998

AN ORDINANCE to add a new Section 5-6-40 (SAME -- VPDES PERMIT REQUIREMENTS) to Division 1 (GENERAL PROVISIONS), Article B (SEWAGE DISPOSAL AND DRAINS), Chapter 6 (WATER AND SEWER), of Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Division 1, Article B, Chapter 6, of Title 5 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended, by adding thereto a new section 5-6-40 to read as follows:

Sec. 5-6-40 Same -- VPDES permit requirements.

(a) Notwithstanding any contrary provision of this code, it shall be unlawful for any person, after [effective date] to:

(1) construct any new combined sewer, or any extension of a combined sewer, inside or outside of the combined sewer service area of the city, provided that this subsubsection (1) shall not prohibit the connection of new sanitary sewers constructed after [effective date] to combined sewers within the combined sewer service area, so long as the owner of the property to be served by the new sanitary sewer demonstrates to the satisfaction of the director that the connection will not cause any combined sewer overflows during dry weather flow conditions; or


(2) connect any new inflow source other than sewage disposal permitted under subsubsection (1), including without limitation rain water drainage, sump pump discharge, or air conditioning or refrigeration condensate discharge, into a sanitary sewer which is tributary to the combined sewer system.

(b) A violation of this section shall constitute a class one civil violation.

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

KERRY J. DONLEY
Mayor


Introduction: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

30. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 11-207 of the Zoning Ordinance to update the penalties for zoning violations consistent with the city charter. (#24 5/12/98) [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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3999

AN ORDINANCE to amend and reordain Section 11-207 (CIVIL VIOLATIONS), under Section 11-200 (ENFORCEMENT AND PENALTIES), of Division A (ADMINISTRATION AND ENFORCEMENT OF ORDINANCE AND NOTICE OF PUBLIC HEARINGS), Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0008).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:


Section 1. That paragraph (12) of subsection (A) of Section 11-207 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(12) The transfer, sale, offer to sell, or agreement to sell any land or portion of land by reference to or display of an unapproved and unrecorded plat, regardless of whether the land is described by metes and bounds; class five civil violation.

Section 2. That paragraph (6) of subsection (C) of Section 11-207 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(6) Each day during which any class one civil violation exists shall constitute a separate individual offense. A class one civil violation shall be deemed to exist until such time as the director certifies to the board of architectural review that the unlawfully demolished building or structure has been reconstructed to the pre-existing footprint, envelope, configuration and appearance, using original materials and techniques of construction to the extent possible; provided, however, that, after a public hearing for which notice has been given pursuant to section 11-300, the board of architectural review may determine that a class one civil violation shall cease to exist at such time as the person responsible therefor shall have paid to the city a sum equivalent to the cost of reconstruction required under this section 11-207(C)(6), such sum to be used exclusively for the purpose of promoting historic preservation within the city as determined by the director. The civil penalty for a class one violation shall in no case exceed the market value of the property, which shall include the value of any improvements together with the value of the land upon which any such improvements are located, and shall be determined by the assessed value of the property at the time of the violation.

Section 3. That paragraph (8) of subsection (C) of Section 11-207 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

(8) Each day during which any class five civil violation exists shall constitute a separate individual offense. In no event shall a series of charges for the same class five civil violation arising from the same set of operative facts result in civil penalties which exceed a total of $3,000.00.

Section 4. That Section 11-207 of the Zoning Ordinance of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.













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, 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, but shall not apply to any violations of the City of Alexandria Zoning Ordinance occurring before said effective date, such violations continuing to be governed by Section 11-207 of the Zoning Ordinance in effect prior to this ordinance.

KERRY J. DONLEY
Mayor

Introduction: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

31. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 11-302 of the Zoning Ordinance 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. (#25 5/12/98) [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 Council Member Walker and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. 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. 4000

AN ORDINANCE to amend and reordain Section 11-302 (NOTICE REQUIREMENTS FOR PARTICULAR HEARINGS), under Section 11-300 (NOTICE OF PUBLIC HEARINGS), of Division A (ADMINISTRATION AND ENFORCEMENT OF ORDINANCE AND NOTICE OF PUBLIC HEARINGS), Article XI (DEVELOPMENT APPROVALS AND PROCEDURES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0009).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 11-302 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new subsection (G) to read as follows:

(G) City provided written notice. The director shall be responsible for providing the written notice, in addition to the placard and newspaper notice, in the case of an appeal to the Board of Zoning Appeals or the recommended revocation of a special use permit.

Section 2. That Section 11-302 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: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

32. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 12-200 of the Zoning Ordinance to add new provisions requiring that all nonconforming uses abate within a specified period of time unless a special use permit is approved before that time and providing new rules for the repair of structures housing nonconforming uses. (#26 5/12/98) [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 Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-1, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4001

AN ORDINANCE to amend and reordain Section 12-200 (NONCONFORMING USES) of Article XII (NONCONFORMITIES) of the City of Alexandria Zoning Ordinance, by adding thereto a new Section 12-214 (ABATEMENT OF NONCONFORMING USES), and by repealing Section 12-207 (STRUCTURAL ALTERATIONS PROLONGING LIFE OF NONCONFORMING USE) and Section 12-209 (MAINTENANCE, REPAIR, ETC. OF NONCONFORMING USES) (TA NO. 97-0009A).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 12-200 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 12-214 to read as follows:

Sec. 12-214 Abatement of Nonconforming Uses.

(A) Promptly upon becoming aware of the existence of a nonconforming use, the director shall notify the property owner and, if different, the property operator of the nonconforming status of such use. The nonconforming use shall be discontinued on or before the expiration of a period of seven years from the date of such notice, unless, prior to the expiration of such period, a special use permit which authorizes the continuation of the nonconforming use has been approved, or the seven-year period has been extended by the city council, pursuant to the following:

(1) The owner or operator of the nonconforming use may apply for a special use permit to continue such use, pursuant to section 11-500 and this section 12-214.

(2) The granting of a special use permit under this section 12-214 shall constitute authority for the applicant and any other persons expressly authorized therein to continue the use beyond the expiration of the seven-year period, subject to such terms and conditions as council may provide in granting the special use permit; provided, that no such permit may authorize a change to a different nonconforming use than that which existed on the date of notification, or any increase in the size or intensity of the use greater than that which existed on the date of notification, or excuse compliance with the provisions of section 12-303.

(3) When an application for a special use permit under this section 12-214 is considered, the following criteria shall apply in addition to those set forth in section 11-504:

(a) the degree to which the use serves the nearby neighborhood; and

(b) the degree to which the use is compatible with the uses in the nearby neighborhood.




(4) In the case of a conflict between the general nonconforming use provisions of section 12-200, the more specific provisions of this section 12-214, or the terms and conditions of a special use permit granted under section 12-214(A), the special use permit shall prevail over the provisions of section 12-200 and section 12-214(B), and the provisions of section 12-214 shall prevail over those of section 12-200.

(5) No later than the expiration of the seven-year period established pursuant to this subsection, the owner or operator of a nonconforming use may seek from city council an extension of the date by which it must come into conformity with this section 12-214 by filing with the director a petition which sets forth in detail the reasons why a fair and reasonable return on the investment in such nonconforming use, made by the petitioner prior to the date of notification, cannot be obtained prior to the expiration of the seven-year period. Following a public hearing, council may extend the seven-year period only if it finds that a strict application of the expiration date will deny the petitioner the opportunity to realize a fair and reasonable return on the investment in the nonconforming use made by the petitioner prior to the date of notification, in which case council shall extend the expiration date by the minimum time which it determines will provide such opportunity to the petitioner.

(B) Any nonconforming use existing on (May 16, 1998) shall comply with the following rules regarding repairs, improvements and alterations to the building and the use, unless a special use permit has been granted pursuant to section 12-214(A) which provides otherwise:

(1) No alteration to a building which directly prolongs the life of a nonconforming use shall be permitted.

(2) Trade fixtures, such as refrigerator cases, kitchen equipment and other fixtures used in the business, may not be replaced or upgraded, although ordinary repairs and maintenance to trade fixtures is permitted.

(3) Building components, such as HVAC equipment, electrical service, siding, shingles and roofing, may be repaired, replaced or upgraded.

(C) In the absence of any contrary provision in a text or map amendment, the provisions of this section 12-214 shall also apply to any nonconforming use created after (May 16, 1998).

Section 3. That Section 12-207 of the City of Alexandria Zoning Ordinance be, and the same hereby is, repealed, and the section number reserved, as follows:

Sec. 12-207 Reserved.

Section 4. That Section 12-209 of the City of Alexandria Zoning Ordinance be, and the same hereby is, repealed, and the section number reserved, as follows:

Sec. 12-209 Reserved.

Section 5. That Section 12-200 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 6. 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: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
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33. Public Hearing, Second Reading and Final Passage of AN ORDINANCE authorizing the Beverly Hills United Methodist Church at 3512 Old Dominion Boulevard to establish and maintain an encroachment into the public street right-of-way of 501 West Glebe Road. (#27 5/12/98) [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 Vice Mayor Euille and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance on its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4002

AN ORDINANCE authorizing the Beverley Hills United Methodist Church at 3512 Old Dominion Boulevard to establish and maintain an encroachment into the public street right-of-way of 501 West Glebe Road, in the City of Alexandria, Virginia.

WHEREAS, the Beverley Hills United Methodist Church ("Owner") is the owner of the property located at 3512 Old Dominion Boulevard in the City of Alexandria, Virginia; and


WHEREAS, Owner desires to establish and maintain a 24 inch by 40 inch directional sign which will encroach into the public right-of-way at 501 West Glebe Road; and

WHEREAS, the public right-of-way at that point on 501 West Glebe Road 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 the Owner be, and the same hereby is, authorized to establish and maintain an encroachment into the public street right-of-way of 501 West Glebe Road in the City of Alexandria at a specific location approved by the director of the department of transportation and environmental services, said encroachment consisting of a directional sign no larger than five and a half square feet, 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 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 3. 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 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.

Section 6. That 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 7. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

34. Public Hearing, Second Reading and Final Passage of AN ORDINANCE authorizing an encroachment into the public street right-of-way at 2200-2400 Eisenhower Avenue and 301-315 Stovall Street. (#28 5/12/98) [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 on its Second Reading and Final Passage. 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. 4003

AN ORDINANCE authorizing an encroachment into the public street right-of-way at 2200-2400 Eisenhower Avenue and 301-315 Stovall Street, in the City of Alexandria, Virginia.

WHEREAS, Hoffman Family, L.L.C. ("Applicant"), is the developer of the property located at 2200-2400 Eisenhower Avenue and 301-315 Stovall Street in the City of Alexandria, Virginia; and

WHEREAS, Applicant desires to establish and maintain a pedestrian overpass which will encroach into the public street right-of-way at 2200-2400 Eisenhower Avenue and 301-315 Stovall Street; and

WHEREAS, this encroachment is shown on the plat dated November 19, 1997, and prepared by Holland Engineering (the "Plat"); and


WHEREAS, the public right-of-way at these points in the 2200 block of Eisenhower Avenue and the 300 block of Stovall 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 and its successors in title (collectively, the "Owner") be, and hereby are, authorized to establish and maintain an encroachment into the public street right-of-way at 2200-2400 Eisenhower Avenue and 301-315 Stovall Street, said encroachment to consist of a pedestrian overpass, at the location shown on the Plat, to connect an office building and parking garage, 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 following conditions:

Section 3. That the authorization hereby granted to establish and maintain said encroachment shall also 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: $5,000,000 each occurrence
$5,000,000 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's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter or condition.

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 within 60 days of the date of 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 60 days of the date of the notice, 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: 5/12/98
First Reading: 5/12/98
Publication: 5/13/98; 5/14/98
Public Hearing: 5/16/98
Second Reading: 5/16/98
Final Passage: 5/16/98
* * * * *

PLAT?????????


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (35 - 38)

Planning Commission (continued)

35. TEXT AMENDMENT #98-0010 — AUTOMOBILE SALES BUSINESSES -- Public Hearing and Consideration of an amendment to Section 2-118 of the Zoning Ordinance to change the definition of automobile sales businesses to allow general automobile repair as an accessory to used car sales. Staff: City of Alexandria, Department of Planning and Zoning.

36. SPECIAL USE PERMIT #98-0028 — 2601 COMMONWEALTH AVENUE — MOUNT VERNON ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit to install two temporary trailers for classroom use; zoned POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.

37. SPECIAL USE PERMIT #98-0044 — 206 WEST GLEBE ROAD -- Public Hearing and Consideration of a request for a special use permit for a storage trailer; zoned CG/Commercial General. Applicant: Bon Shim.

COMMISSION ACTION: Deferred (Applicant Not Present) 7-0

38. SPECIAL USE PERMIT #98-0034 — 1515 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CL/Commercial Low. Applicant: Frances R. Dean.

COMMISSION ACTION: Deferred (Improper Notice)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, at 3:30 p.m., the Public Hearing Meeting of Saturday, May 16, 1998, was adjourned. The voting was as follows:

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




__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk


The Meeting was adjourned at 3:30 p.m.

This docket is subject to change.

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