Back to FY Dockets


Public Hearing Meeting
Saturday, September 13, 1997 - - 9:30 a.m.

* * * * *

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; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Fire Chief Hawkins; Police Chief Samarra; Ms. Steele, Deputy City Manager; Mr. Robinson, Director of Recreation, Parks and Cultural Activities; Ms. Barnett, Acting Deputy Director of Recreation, Parks and Cultural Activities; Ms. Chis, Director of Social Services; Mr. Powers, Director of Community Services; Mr. Frazier, Director of Youth Services; Mr. Smith, Mr. Cox, Ms. Johnson, and Ms. Sechrist, Members of the Planning and Zoning Staff; and Lieutenant Hazel, Police Department.

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

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. Presentation of Proclamation Honoring Kim Kluge for His Tenth Anniversary as Conductor of the Alexandria Symphony Orchestra. (Mayor Donley; Councilman Speck)

(A copy of the proclamation is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2; 9/13/97, and is incorporated herewith as part of this record by reference.)

Mayor Donley presented the proclamation.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council endorsed the proclamation. The voting was as follows:

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

3. Public Discussion Period.

(a) John Belshe' spoke to the Woodrow Wilson Bridge Replacement Project; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(a); 9/13/97, and is incorporated herewith as part of this record by reference.

(b) Jim Huddle, 3104 Russell Road, representing The Friends of Monticello Park, spoke against the proposed plan for Monticello Park; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(b); 9/13/97, and is incorporated herewith as part of this record by reference.

(c) Walter Corson, 1399 Orchard Street, representing The Friends of Monticello Park, supported the one-weir plan for Monticello Park.

(d) Stanton B. Russell, 801 South Overlook Drive, member of The Friends of Monticello Park, objected to the full extent of the City-sponsored project for Monticello Park.

(e) Mike Oliver, 3113 Circle Hill Road, spoke in support of the Monticello Park erosion control project.

(f) Kathleen Kust, 3104 Russell Road, representing The Friends of Monticello Park, spoke against the proposed plan for Monticello Park; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3(f); 9/13/97, and is incorporated herewith as part of this record by reference.

(g) Jack Sullivan, 4300 Ivanhoe Street, representing No Gridlock!, spoke against the far-reaching changes to the CDD Master Plan for Potomac Yard and Potomac Green as requested by the new owners of the property. He requested that Council reaffirm the language of 1992 and reinstate the citizen task force. He stated that there is an informational meeting on Wednesday, September 17, at 7:30 p.m., in Room 3000, City Hall, with respect to the developer's proposed plans.

(h) Katy Cannady, 24 East Linden Street, spoke to the proposed change to the Potomac Yard/Potomac Green Plan, and encouraged Council to have traffic control on Potomac Yard.

At 10:15 a.m., Mayor Donley announced that the thirty minutes allotted to the Public Discussion had expired. He indicated that there were several speakers left. He asked what Council's desire was, whether to permit them to speak or have them wait until the end of the meeting. It was Council's desire to let them speak.

(i) John Hurley, 515 Colecroft Court, expressed concerns about the changes to the proposed plan for Potomac Yard.

(j) Julie Crenshaw, 816 Queen Street, requested something more conservative and cost effective for Monticello Park, and that is in keeping with park integrity.

(k) John Chapman Gager spoke during this period.

(I) Marilyn Doherty, 12 West Mount Ida Avenue, spoke against the new Potomac Yard proposals. She indicated that she is opposed to the number of curb cuts and intersections requested.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (4-20)

Planning Commission WITHOUT OBJECTION, City Council withdrew Item Nos. 7, 9, 10 and 20 from the Consent Calendar and considered them under separate motions. 4. CITY CHARTER, SECTION 9.06; CASE #97-02 -- BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria, and the possible acquisition and subsequent resale of the following properties: (a) 3 Ancell Street and (b) 153 Dale Street. Staff: Office of Housing.

(A copy of the Planning Commission report dated September 2, 1997, together with the City Manager's memorandum, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 4; 9/13/97, and is incorporated herewith as part of this record by reference.)

5. TEXT AMENDMENT #97-08 -- SIGN REGULATIONS -- Public Hearing and Consideration of an amendment to Sections 9-202(B) and 9-104(E) of the Zoning Ordinance to change the sign regulations to allow valet parking signs in public rights-of-way as part of the special use permit required for valet parking. Staff: Department of Planning and Zoning.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 9/13/97, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #97-0074 -- 1900 DUKE STREET (DUKE ST, HOOFF'S RUN, EISENHOWER AVENUE, METRORAIL) -- CARLYLE SITE -- Public Hearing and Consideration of a request for a special use permit for a coordinated sign program for Carlyle; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 9/13/97, and is incorporated herewith as part of this record by reference.)




8. SPECIAL USE PERMIT #97-0083 -- 1321-1333 POWHATAN STREET -- Public Hearing and Consideration of a request for a special use permit to operate a light assembly and wholesale business; zoned CSL/Commercial Service Low. Applicant: Page One Science, Inc., by William C. Thomas, Jr., attorney.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 9/13/97, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #97-0108 -- 680 SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate a dry cleaning facility with clothing alterations and shoe repair service; zoned CG/Commercial General. Applicant: Yoo Sung Shin.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 9/13/97, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #97-0109 -- 456 SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate a wholesale and retail business for automotive supplies; zoned CSL/Commercial Service Low. Applicant: Fairfax Auto Parts of Centreville, Inc., by Robert J. Herbert.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 9/13/97, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #97-0110 -- 3800-3804 JEFFERSON DAVIS HIGHWAY -- ALEXANDRIA TOYOTA -- Public Hearing and Consideration of a request for special use permit amendments for the approved automobile and trailer rental or sales business, with parking and storage facility, and temporary sales trailers; zoned CDD-7/Coordinated Development District, Route 1 Properties. Applicant: Alexandria Toyota, by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 9/13/97, and is incorporated herewith as part of this record by reference.)









14. SPECIAL USE PERMIT #97-0111 -- 1700 NORTH BEAUREGARD STREET -- MARK CENTER -- Public Hearing and Consideration of a request for a special use permit to change the ownership, the hours of operation, add seating, add an outdoor seating area with a setback modification, and reduce the parking requirement for an existing restaurant; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Clyde’s at Mark Center, Inc., by Jeffrey R. Owens.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 9/13/97, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #97-0113 -- 5300 EISENHOWER AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school for martial arts; zoned OCH/Office Commercial High. Applicant: Northern Virginia Budokan, Inc., by William C. Thomas, Jr., attorney.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 9/13/97, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #97-0116 -- 2412-2514 JEFFERSON DAVIS HIGHWAY (REAR) -- OAKVILLE INDUSTRIAL PARK -- Public Hearing and Consideration of a request for a special use permit amendment to an automobile sales facility to allow subleasing of the site; zoned I/Industrial. Applicant: Lindsay Cadillac Company, Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 9/13/97, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #97-0118 -- 376 CALVERT AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a retail business with a parking reduction; zoned I/Industrial. Applicant: Esszee, Inc., dba D & J Rental Center, by Dale Shaffer.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 9/13/97, and is incorporated herewith as part of this record by reference.)

18. ENCROACHMENT #97-0005 -- 501 FRANKLIN STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a bay window facing onto South Pitt Street; zoned RM/Residential. Applicant: Betty Gorman.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 9/13/97, and is incorporated herewith as part of this record by reference.)

19. MASTER PLAN AMENDMENT #97-0003 -- REZONING #97-0003 -- 323 NORTH WASHINGTON STREET -- Public Hearing and Consideration of a request for an amendment to the Old Town Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and to change the zoning designation of the subject property from RM/Residential to CL/Commercial Low. Applicant: Morgan D. Delaney.

COMMISSION ACTION: Recommend Approval 6-0-1

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 9/13/97, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of Item Nos. 7, 9, 10 and 20, which were considered under separate motions. The Planning Commission recommendations are as follows:

4. City Council approved the recommendation of the Planning Commission and approved this request, subject to compliance with all applicable codes, ordinances and staff recommendations; and approved the City Manager's recommendation as follows: (1) approved the addition and deletion of the properties listed on pages 2 and 3 to the currently approved List of Blighting Influences in the Potomac East Conservation 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 two Potomac West properties to be added to the List as listed above and on page 2; 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.

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.

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.




11. Councilwoman Pepper noted that this item was not pulled off of the Consent Calendar; however, she noted that this business was already operating without a special use permit approved by the Council. She would hope that there would not be too many cases where they would be operating before the sup was issued by Council.

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.

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

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

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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





7. SPECIAL USE PERMIT #97-0077 -- 2700 JEFFERSON DAVIS HIGHWAY -- AFGHAN RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant with carry-out service, live entertainment and off-street parking reduction; zoned I/Industrial. Applicant: Qasim Abbasi; Afghan Restaurant.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association memorandum dated 8/26/97, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 9/13/97, and is incorporated herewith as part of this record by reference.)

Council Member Walker and Council Member Rich encouraged the applicant to improve and maintain landscaping and litter control.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper 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:

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

9. SPECIAL USE PERMIT #97-0101 -- 514 SOUTH VAN DORN STREET, UNIT #B -- VAN DORN STATION SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant and add seating; zoned CG/Commercial General. Applicant: Van Thi Le.
(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 9/13/97, and is incorporated herewith as part of this record by reference.)

Councilwoman Pepper asked questions with respect to the number of seats requested and spoke to the parking situation and travel lanes.

Council Member Walker suggested that a traffic study might be in order.

Planning and Zoning Director Lynn stated that staff did surveys of the center and indicated that part of the problem is that this center is very successful.

Transportation and Environmental Services Director O'Kane indicated that the center has done several studies over the years and the parking is laid out the best it can be. There is no simple solution.

Mayor Donley suggested that staff talk to management of the center to encourage more signage and more striping of the traffic direction since lanes are one-way.

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"

10. SPECIAL USE PERMIT #97-0102 -- 2421 CENTRAL AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a child care home; zoned R-8/Residential. Applicant: Mary Louise Goode.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

Cynthia L. Attwood, 5004 Birch Lane, spoke against the increase in children due to increased noise.

Members of City Council posed questions to the applicant, Ms. Goode, and Director of Planning and Zoning Lynn.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper 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:

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

20. SPECIAL USE PERMIT #97-0089 -- 1525 KENWOOD AVENUE; 1602-1604 OSAGE STREET -- Public Hearing and Consideration of a request for a special use permit to operate an automobile rental business; zoned CSL/Commercial Service Low and OC/Office Commercial. Applicant: Enterprise Rent-A-Car, by Theron Bell.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the North Ridge Citizens' Association's letter dated September 12, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

David Brown, 503 Woodland Terrace, representing the North Ridge Citizens' Association, expressed concern about traffic and requested that the item be deferred until after the Citizens' Association meeting on October 13;

Suzanne Ambler, 305 Fontaine Street, spoke in opposition and expressed concern about the number of cars that are parking in and around Kenwood Towers; and

Kathryn A. McGlynn, 1504 Woodbine Street, spoke against stating that this will add to the traffic and parking problems in the area.

Members of Council asked Rosemary Goss, representing the applicant, to address the concerns raised.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item to the Public Hearing on Saturday, October 25, 1997, so that the applicant can address the concerns of the neighborhood. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

21. Public Hearing on the Renewal Grant Application for the Local Law Enforcement Block Grant Program.

(A copy of the City Manager's memorandum dated September 8, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 9/13/97, and is incorporated herewith as part of this record by reference.)

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 unanimously, City Council held the public hearing to receive comments as required by the U.S. Department of Justice. [City Council approved submission of this application at its June 24 legislative meeting.] Following the public hearing, the City Manager will execute forms to release the grant funds to the City for expenditure. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Item Nos. 22 and 23 together.

22. Public Hearing and Consideration of the Youth Services Study Report. (#11(a) 9/9/97; #14 6/10/97)

(A copy of the City Manager's memorandum dated September 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 9/13/97, and is incorporated herewith as part of this record by reference.

Copies of communications received are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 22; 9/13/97, and is incorporated herewith as part of this record by reference.)

ORDINANCES AND RESOLUTIONS

23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City Code by establishing and defining the responsibilities of a youth services commission. (#11(b) 9/9/97)

(A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

Claude Convisser, 503 North West Street, chair, Youth Services Commission, spoke in favor of the recommendations of the Report, but opposed to the proposed composition of the new commission; a copy of his proposed composition of the commission is marked Exhibit No. 3 of Item Nos. 22 and 23;

Henry Brooks, 122 Gibbon Street, vice chair, Alexandria School Board, presented the School Board's position; a copy of the letter dated September 10, 1997, from chair Kenealy, is marked Exhibit No. 4 of Item Nos. 22 and 23;

Mollie Abraham, 5100 Taney Avenue, chair, Alexandria Commission for Women, questioned why its programs, i.e., Project STEPOUT/MANHOOD, the Domestic Violence Program, and the Sexual Assault and Response Awareness Program (all of which serve the youth of Alexandria) were not included in the study and the Commission for Women was excluded from formal representation;

Katherine Morrison, 806 West View Terrace, representing the Campagna Center, spoke in support;




Kimberly O'Donnell, 2210 Mount Vernon Avenue, executive director, Alexandria Volunteer Bureau, questioned why the Youth Volunteer Program had not been included in Appendix C, Inventory of Services as of April 1997; a copy of her statement is marked Exhibit No. 5 of Item Nos. 22 and 23;

Allen Lomax, 5021 Seminary Road, chair, Economic Opportunities Commission, presented the Economic Opportunities Commission's position on this issue; a copy of which is incorporated in Exhibit No. 6 of these items;

Barbara Allen-Hagen, 222 Virginia Avenue, representing the Citizens Advisory Council to the Alexandria Juvenile Court, spoke in support of the report recommendations, and she indicated that she is aware of resources that are available from the Department of Justice;

Joyce P. Rawlings, 327 Wesmond Drive, representing the Alexandria Coalition of Concerned Advocates, Alexandria Black Concerned Women, Alexandria Resident Council, and African American Coalition for Concerned Citizens, requested that this be deferred for additional public hearings and more input;

Marilyn Doherty, 12 West Mount Ida Avenue, co-president, League of Women Voters, spoke in support with qualifications;

S. Randolph Sengel, 505 Hilltop Terrace, Commonwealth's Attorney, requested that the Commonwealth's Attorney have membership on the commission; a copy of his statement is marked Exhibit No. 7 of Item Nos. 22 and 23;

Pam Walkup, 1562 Mount Eagle Place, spoke to representation on the new commission; a copy of her statement is marked Exhibit No. 8 of Item Nos. 22 and 23; and

Melissa Luby, 312 1/2 North Henry Street, representing the George Washington PTA, suggested that those who provide services to youth be included in the membership, and requested more coordination with the school system.

The Mayor and Members of City Council had a discussion concerning the composition of the new commission and its goals.

Councilwoman Pepper asked that the staff involved with this matter attend the meetings, but not as voting members.

Council Member Walker would like one of the first tasks of the new commission to be to decide how the composition of the Youth Commission would take place and set up a schedule so that they could meet on a regular basis with the Mayor and Vice Mayor, and anyone else they wanted to talk to so that we can start giving the youth in our community a real voice.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper, City Council closed the public hearing, and approved the following 16-member composition of the Youth Services Commission: one elected representative from the Alexandria School Board to be an elected official; one representative from the Public Health Advisory Commission; one representative of the Commonwealth's Attorney; two representatives of non-profit organizations; nine citizen members to be allocated as follows: [two youth members, three parent members (one from each school electoral district), two business representatives, and two professional representatives who deal in youth areas similar to what was recommended]; and two representatives from other appointed bodies, i.e., the Park and Recreation Commission, Women Commission, Early Childhood Development Commission, EOC, ICAP, etc., Council would weigh who those two representatives would be and their terms and Council would make changes when it deems appropriate; with the request that staff incorporate these changes into the proposed ordinance and bring the ordinance back for Second Reading and Final Passage on Tuesday, September 23.

Councilman Speck offered a friendly amendment to the motion which was accepted by the maker and seconder. The amendment is as follows: and Council included a sunset provision of December 1998 that requires that the Council must explicitly reenact this commission with the idea being that Council would ask for a September 1998 public hearing. By that time Council will have seen the commission in action and determine whether Council thinks any changes should be made.

WHEREUPON, Council returned to the main motion made by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council closed the public hearing, and approved the following 16-member composition of the Youth Services Commission: one elected representative from the Alexandria School Board to be an elected official; one representative from the Public Health Advisory Commission; one representative of the Commonwealth's Attorney; two representatives of non-profit organizations; nine citizen members to be allocated as follows: [two youth members, three parent members (one from each school electoral district), two business representatives, and two professional representatives who deal in youth areas similar to what was recommended]; and two representatives from other appointed bodies, i.e., the Park and Recreation Commission, Women Commission, Early Childhood Development Commission, EOC, ICAP, etc., Council would weigh who those two representatives would be and their terms and Council would make changes when it deems appropriate; with the request that staff incorporate these changes into the proposed ordinance and bring the ordinance back for Second Reading and Final Passage on Tuesday, September 23; and Council included a sunset provision of December 1998 that requires that the Council must explicitly reenact this commission with the idea being that Council would ask for a September 1998 public hearing. By that time Council will have seen the commission in action and determine whether Council thinks any changes should be made. The voting was as follows:

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












24. TEXT AMENDMENT #97-09 -- NONCONFORMING USES -- Public Hearing and Consideration of an amendment to Section 12-200 (Nonconforming uses) of the Zoning Ordinance to add new provisions (1) requiring that all nonconforming uses abate within seven years unless a special use permit is approved before that time, (2) providing new rules for the repair of structures housing nonconforming uses, and (3) changing the status of certain uses from nonconforming to noncomplying.

COMMISSION ACTION: RECOMMEND APPROVAL IN PART 7-0
RECOMMEND DISAPPROVAL IN PART 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 9/13/97, and is incorporated herewith as part of this record by reference.)

WITHOUT OBJECTION, City Council noted the deferral of this item to the October 25, 1997 Public Hearing Meeting.

25. SPECIAL USE PERMIT #97-0080 -- 301 LAVERNE AVENUE -- Public Hearing and Consideration of a request to extend the time period for a special use permit to build a single-family dwelling unit; zoned R-2-5/Residential. Applicant: Philip F. Herrick, Jr.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Flanigan's letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 9/13/97, and is incorporated herewith as part of this record by reference.)

Philip F. Herrick, applicant, answered questions posed to him by the Members of City Council.

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

WHEREUPON, a motion was made by Vice Mayor Euille and seconded by Council Member Walker to grant a six-month extension for this special use permit.

THEREUPON, a substitute motion was made by Council Member Rich and seconded by Councilman Speck to affirm the Planning Commission recommendation.

Mayor Donley stated that an affirmative vote on the question would allow for the substitute motion made by Council Member Rich and seconded by Councilman Speck [which carried on a vote of 5-to-2] to come forward. The voting was as follows:

Rich "aye" Euille "aye"
Speck "aye" Cleveland "no"
Donley "aye" Pepper "aye"
Walker "no"
WHEREUPON, Council returned to the substitute motion made by Council Member Rich, seconded by Councilman Speck and carried on a vote of 5-to-2, City Council affirmed the decision of the Planning Commission and denied the request. The voting was as follows:

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

Whereupon, at 12:50 p.m., the City Council recessed the meeting for lunch.

Thereupon, at 1:25 p.m., the City Council reconvened the meeting and the following transpired:

26. SPECIAL USE PERMIT #97-0117 -- 1225 MARTHA CUSTIS DRIVE, UNIT C-1 -- PARC EAST CONDOMINIUM -- Public Hearing and Consideration of a request for a special use permit to operate an office; zoned R-B/Residential. Applicant: Joel Kaplan.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of a petition containing 161 signatures in opposition is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 26; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of an E-mail dated September 11, 1997, from lwilliams@PBS.ORG, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 26; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

Evelyn Anderson, 1225 Martha Custis Drive, #1501, spoke against;

William R. Dennery, 1225 Martha Custis Drive, president, Parc East Condominium Unit Owners Association, spoke against;

Charles M.C. Jones, Jr., 1225 Martha Custis Drive, #1417, representing Parc East residents, spoke against;

Randy Knol, 1225 Martha Custis Drive, #520, spoke against;

Joe Kaplan, 7107 Cogate Drive, applicant, spoke in support;

Joseph E. Henehan, 1225 Martha Custis Drive, #1513, spoke against;

Maria T. Wildes, 3452 Martha Custis Drive, vice president, Parkfairfax Condominium Unit Owners Association, spoke against; and

Karen Maria Carroll, 1225 Martha Custis Drive, #317, spoke against.

Members of Council directed questions to Mr. Kaplan, the applicant.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this matter indefinitely until the parties can work out their differences and potentially submit acceptable conditions to a special use application. The voting was as follows:

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

27. SPECIAL USE PERMIT #97-0082 -- 2419 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a bakery/delicatessen restaurant; zoned CL/Commercial Low. Applicant: Ann Me Me's Bakery, L.L.C., by Daniel E. Maljanian.
(A copy of the Planning Commission report dated July 8, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated September 10, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 27; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of a letter in support dated August 28, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 27; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

James B. Pomerleau, 214 East Mount Ida Avenue, representing the residents of East Mount Ida and East Uhler Avenues, as well as the Del Ray Civic Association, stated that they have met with the applicant and they support the applicant's request for this special use permit; and

Dan Maljanian, 1 West Walnut Street, applicant, spoke in support.

Vice Mayor Euille encouraged staff to communicate with Mr. Poladian, the owner of the property, and his attorney, to try to get him to get in sync with all of the improvements and all that is happening on the Avenue.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper 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:

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

28. ENCROACHMENT #97-0006 -- 5010 DUKE STREET -- CAMERON STATION -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for steps connecting a pedestrian path to a sidewalk; zoned CDD-9/Coordinated Development District, Cameron Station. Applicant: Cameron Associates L.L.C., by Ahmad Abdul-Baki.

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 28; 9/13/97, 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; and

Ronald R. Holder, 238 South Jenkins Street, expressed concern about flooding.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker 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"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"

29. SPECIAL USE PERMIT #97-0076 -- 2826 KING STREET -- BRYAN MANOR/KING'S CLOISTER -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a single-family residential cluster development; zoned R-8/Residential. Applicant: Greenvest, L.C., by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 29; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hummel's letter dated September 9, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 29; 9/13/97, and is incorporated herewith as part of this record by reference.

Copies of 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. 29; 9/13/97, and is incorporated herewith as part of this record by reference.)

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



Mr. Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support of the application, suggested amendments and stated when the old fence is being replaced with a new fence, they would work with the adjoining property owners to insure that there is security;

Thomas C. Bowling, 2823 King Street, representing Ivy Hill Cemetery Company of Alexandria, spoke to undergrounding of utilities, ingress and egress, and asked that this be postponed for further study;

Ellen Pickering, 103 Roberts Lane, representing Taylor Run Civic Association, raised concerns about loss of trees;

Kelly Browning, 800 Hermitage Court, spoke in support of new condition #28 with respect to 25 on-street parking spaces, preferred two-way street, and spoke to trees; and

Rick Jensen, 2836 King Street, addressed parking and sidewalk.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland that City Council approve the recommendation of the Planning Commission, as amended, and approve the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added condition #27, amended condition #28 to read as follows: "#28. Kings Cloister Circle, the proposed private street, shall be designed to the satisfaction of the Directors of P&Z and T&ES to minimize the tree disturbance and provide at least 25 on-street spaces, and provide pedestrian walkways throughout the development."

THEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 5-to-2, City Council deleted Condition #26. The voting was as follows:

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

Councilman Speck directed questions to Transportation and Environmental Services Director O'Kane concerning the undergrounding of utilities.

Councilman Speck also expressed concern about too many houses in this development.

Mr. Calley spoke to the reduction of new homes by two. Council Member Rich and Mayor Donley participated in the discussion.

WHEREUPON, a motion was made by Councilman Speck, seconded by Vice Mayor Euille to amend the main motion to reduce the number of houses for a total of 23 which includes the Bryant home; which motion FAILED on a vote of 2-to-5. The voting was as follows:

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

THEREUPON, Council returned to the original motion made by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added condition #27, amended condition #28 to read as follows: "#28. Kings Cloister Circle, the proposed private street, shall be designed to the satisfaction of the Directors of P&Z and T&ES to minimize the tree disturbance and provide at least 25 on-street spaces, and provide pedestrian walkways throughout the development."; and deleted condition #26. The voting was as follows:

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

30. SPECIAL USE PERMIT #97-0058 -- 3680 KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a post office building, with request for reduction of off-street parking, and request for expansion of a drive-through bank facility; zoned CG/Commercial General. Applicant: Washington Real Estate Investment Trust, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 30; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated September 11, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 30; 9/13/97, 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 of the application; and

William Clayton, 3402 Halcyon Drive, representing North Ridge Citizens' Association, spoke in support but requested a more definitive employee parking plan and enforcement of it, and expressed concern about closing off the service road.

Mr. Calley went through proposed changes to conditions listed in his letter dated September 11, 1997. Members of Council and Transportation and Environmental Services Director O'Kane participated in the discussion of proposed changes.

Councilman Speck requested the applicant to look into the idea of leasing some space from the two churches located at the intersection of King Street and Menokin Drive during primary work hours and to use that as mandated employee parking. Mr. Calley, attorney for the applicant, agreed to look into this possibility.



WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the added condition #26, with condition #4 amended to read: "4. The final site plan for the new Post Office building shall include all proposed improvements to the King Street parking lot. All construction improvements to the King Street parking lot shall be completed prior to the release of a certificate of occupancy permit for the new Post Office building, to the satisfaction of the Directors of P&Z and T&ES. The Directors of P&Z and T&ES 'will' defer completion of components of the parking lot improvements which rely on the King Street service road improvements to be built, until such time as the City undertakes the King Street service road improvements. (P&Z)"; with condition #11 amended to read: "11. The applicant shall provide details of enclosures and locations, with appropriate screening, of all proposed dumpsters and recycling facilities, 'except those on the rear and side service drive, but' including those utilized by the center located off the site across Marlee Way, to the satisfaction of the Directors of Planning and Zoning and Transportation and Environmental Services. (P&Z)"; amended condition #17 to read: "17. Provide storm and sanitary relocations and connections associated with the new construction and if it involves relocation or adjusting storm sewers, downspouts, etc., to existing buildings, which has to meet what is the Code and to the satisfaction of T&ES."; amended condition #20 to read: "20. Underground utilities serving the new building construction or relocation of utilities serving the existing buildings shall be undergrounded if they have to relocate those facilities."; added a new condition #27 to read: "27. Construction will be staged so that construction work on the King Street side parking will be completed prior to the construction on the Braddock site beginning in order to minimize the loss of parking space at all times."; and amended condition #8 to read: "8. The applicant shall prepare a parking plan that shows designated employee parking spaces in the rear of the shopping center along the service road, in the areas of the main parking lot that are farthest from the stores, and in possible areas off-site from the shopping center after consultation with neighboring civic associations." The voting was as follows:

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

31. SPECIAL USE PERMIT #97-0081 -- 3610-A - 3690-K KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a coordinated sign program for a shopping center; zoned CG/Commercial General. Applicant: Washington Real Estate Investment Trust, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council marked Exhibit No. 1 of Item No. 31; 9/13/97, and is incorporated herewith as part of this record by reference.)

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


Cyril D. Calley, 307 North Washington Street, attorney for the applicant, requested that Condition #1 be removed.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted condition #1. The voting was as follows:

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

32. SPECIAL USE PERMIT #97-0090 -- 3610-A - 3690-K KING STREET -- BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval; zoned CG/Commercial General. Applicant: Washington Real Estate Investment Trust, by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 32; 9/13/97, 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 for the applicant; and

William Clayton, 3402 Halcyon Drive, representing North Ridge Citizens' Association, requested that this be in consultation with the neighboring citizens associations.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and changed condition #12 to be consistent with condition #8 of Item No. 30. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item No. 44 at this time.

44. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of the City Code relating to the preparation and storage of food at restaurants and other food service establishments by adopting the model food code recently issued by the United States Food and Drug Administration. (#13 9/9/97) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated September 3, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 44; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the 1997 U.S. Public Health Service Food Code, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 44; 9/13/97, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

William Lecos, 7926 Jones Branch Drive, #530, McLean, VA, president, Restaurant Association of Metropolitan Washington, spoke in support.

WHEREUPON, upon motion by Council Member Walker, 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:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3949

AN ORDINANCE to repeal the current Chapter 2 (FOOD AND FOOD HANDLING ESTABLISHMENTS) of, and to add a new Chapter 2 (FOOD AND FOOD ESTABLISHMENTS) to, Title 11 (HEALTH, ENVIRONMENTAL AND SANITARY REGULATIONS) of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, the health and safety of the public requires the regulation of food and food establishments located within the City of Alexandria; and

WHEREAS, existing provisions of the city code that govern the cleanliness and sanitation of food and food establishments are based upon the 1976 Model Food Code of the U.S. Food and Drug Administration ("FDA") and do not adequately address problems with emerging pathogens, such as E. coli, and new technologies in the food packaging and food service industries; and

WHEREAS, the FDA has recently promulgated its 1997 Model Food Code, which incorporates nationally recognized health and sanitation standards designed to provide the greatest possible protection from and prevention of infectious and non-infectious food-borne diseases; and

WHEREAS, the regulatory scheme set out in the 1997 FDA Model Food Code is presently employed in numerous food industries, as well as the meat and poultry inspection systems of the federal government, and has been endorsed by the National Conference for Food Protection, the National Restaurant Association, the Restaurant Association of Metropolitan Washington, the Alexandria Chamber of Commerce, and the Human Services Committee and the Chief Administrative Officers Committee of the Northern Virginia Planning District Commission; and

WHEREAS, neighboring jurisdictions in Northern Virginia are planning to adopt the 1997 FDA Model Food Code, and the adoption and application in the City of Alexandria of this food code will help to establish uniform standards for the regulation of food and food establishments in the region; now, therefore
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 2 of Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, repealed.

Section 2. That Title 11 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Chapter 2 to read as follows:
CHAPTER 2
Food and Food Establishments
ARTICLE A
General Provisions

Sec. 11-2-1 Title.

This chapter shall be known and may be cited as "The Food and Food Handling Code" of the City of Alexandria.

Sec. 11-2-2 Purpose.

This chapter shall be liberally construed and applied by the director to promote its underlying purpose of safeguarding public health and ensuring that food is safe, unadulterated and properly presented when offered to the consumer.

Sec. 11-2-3 Adoption of the United States Food and Drug Administration/Public Health Service 1997 Food Code.

(a) Chapters 1 through 8, inclusive, and all appendices and annexes of the United States Food and Drug Administration/Public Health Service 1997 Food Code ("FDA Food Code"), as adopted and promulgated by the United States Food and Drug Administration/ Public Health Service ("FDA/USPHS"), including such chapters, appendices and annexes as may hereafter be amended from time to time, but excepting those sections of the FDA Food Code identified in section 11-2-5, are hereby adopted and incorporated in their entirety into this chapter as if fully set forth herein. In the event of conflict or inconsistency between this chapter and the FDA Food Code, the provisions of this chapter shall control. When used in the FDA Food Code, the term "Health Authority" shall mean the director or his designee.

(b) The director is hereby authorized to promulgate regulations consistent with this chapter that are designed to assist in the administration and enforcement of this chapter. In promulgating regulations, the director shall consider accepted standards of health, hygiene, sanitation, safety and physical plant management. Any regulations prepared by the director shall not become effective until they have been presented to and approved by city council.

(c) A certified copy of the FDA Food Code shall be maintained by the director at the main administrative office of the health department and shall be available for review by members of the public.

Sec. 11-2-4 Definitions.

The following words and phrases, when used in this chapter, including in the incorporated FDA Food Code, shall have the meanings given below, unless the context clearly indicates a different intention or it is otherwise expressly provided:

(a) "Base of operation" means a permitted food establishment that contains all of the necessary equipment and storage facilities to support the operation of a mobile food unit.

(b) "Certificate" means the document issued by the director, or the document issued by another jurisdiction or private vendor that is accepted by the director, which demonstrates that the individual identified on the certificate has been determined to be a certified food manager or a certified limited food manager.

(c) "Certified food manager" means a person who has passed an examination approved by the director, or an examination in another jurisdiction that is accepted by the director, and has received a certified food manager's certificate issued or recognized by the director.

(d) "Certified limited food manager" means a person who has passed an examination approved by the director, or an examination in another jurisdiction that is accepted by the director, and has received a certified limited food manager's certificate issued or recognized by the director.

(e) "Director" means the director of health or his designee.

(f) "Food establishment" means an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, and provides such food directly to a member of the public for consumption; provided, that "food establishment" shall not include the following:

(1) an establishment that offers only prepackaged foods that are not potentially hazardous;

(2) a produce stand that offers only whole, uncut fresh fruits and vegetables;

(3) a kitchen in a private home that prepares food that is not potentially hazardous for sale or consumption at a non-profit or charitable function if the consumer is informed, by means of a clearly visible sign at the point of sale or consumption, that the food was prepared in a kitchen that is not subject to regulation or inspection by the director;

(4) a kitchen in a private home that prepares and offers food to guests, for an exchange of consideration, if the home is owner-occupied, the number of available guest bedrooms does not exceed six, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures or signs posted in the registration or dining area that the food is prepared in a kitchen that is not regulated and inspected by the director; or

(5) private homes or vehicles where food is prepared or served for noncommercial consumption by the owners, occupants or their guests.

(g) "Limited food establishment" means a food establishment that serves only hotdogs or frankfurter-type foods, prepackaged foods or foods that are not potentially hazardous foods.

(h) "Limited service mobile food unit" means a limited food establishment that is designed to be readily moveable.

(I) "Mobile food unit" means a food establishment that is designed to be readily moveable.

(j) "Permit" means the license issued by the director that authorizes a person to operate a food establishment.

(k) "Person in charge" means the individual present in a food establishment who is responsible for the food service operation at the time of inspection authorized by this chapter. If no single individual is responsible for the food service operation, then any employee present shall be deemed the "person in charge."

Sec. 11-2-5 Modifications to FDA Food Code.

(a) The following sections of the FDA Food Code, as amended, are hereby adopted and incorporated in their entirety into this chapter as if fully set forth herein:

(1) Section 3-301.11(B) is amended to read as follows:

(2) The opening paragraph of section 3-401.11(A) is amended to read as follows:

(3) Section 3-401.11(C)(1) is amended to read as follows:

(4) Section 8-802.10(A) of Annex 1 is amended to read as follows:

(b) Sections 3-603.11, 8-201.11, 8-201.12, 8-303.10 and 8-304.10 are deleted of the FDA Food Code and are not adopted or incorporated into this chapter and shall be of no effect in the city.
Article B
Mobile Units

Sec. 11-2-11 General.

Mobile food units and limited service mobile food units shall comply with the requirements of this chapter.

Sec. 11-2-12 Requirements for types of mobile food units.

(a) A mobile food unit shall be equipped with a hand sink and a three-compartment sink. However, the director may waive the requirement for a three-compartment sink if the menu items dispensed from the unit do not require extensive preparation and the unit has access to a three-compartment sink at the base of operation.

(b) A limited service mobile food unit shall be equipped with a hand sink and a three-compartment sink. However, the director may waive the requirement for a hand sink if only prepackaged foods are to be dispensed or if an alternate method to hand washing, approved by the director, is used. Such alternate methods may include, but are not limited to, use of disposable hand washing towelettes, disposable gloves, sanitizing solutions that meet the specifications of 21 C.F.R. 178.1010 or other techniques approved by the director. The director may waive the requirement for a three-compartment sink if the limited service mobile food unit has access to a three-compartment sink at the base of operation or only prepackaged foods are to be dispensed.

Sec. 11-2-13 Single service utensils.

Mobile food units and limited service mobile food units shall dispense only single service utensils for use by the customer.




Sec. 11-2-14 Base of operation.

Mobile food units and limited service mobile food units shall operate from a base of operation that possesses a food establishment permit issued in accordance with this chapter. However, the director may waive this requirement if the mobile food unit or limited service mobile food unit meets all construction standards applicable to the food items served by the unit. The director may allow a mobile food unit or limited service mobile food unit to operate from a base of operation outside the City of Alexandria if the base of operation meets basic sanitation requirements and is permitted by another jurisdiction.
Article C
Compliance Procedures

Sec. 11-2-21 Permits for food establishments.

No person shall operate a food establishment who does not have a valid permit issued to him by the director. Only a person who complies with the requirements of this chapter shall be entitled to receive or retain such a permit. Permits are not transferable. A valid permit shall be posted in every food establishment in a conspicuous place.

Sec. 11-2-22 Exemption.

The director may exempt coffee and related beverage service and service areas and such one time events or affairs from such provisions or requirements of this chapter as the director may deem advisable upon determining that the operation of such service, service areas, events or affairs will not adversely affect the public health.

Sec. 11-2-23 Permits for vending machines.

(a) No person shall operate a vending machine, other than a controlled-location vending machine, without a valid permit issued by the director. Persons who do not comply with the requirements of this chapter shall not be entitled to receive or retain such a permit. Permits are not transferable.

(b) The operator's company name and service telephone number shall be displayed on each vending machine or conspicuously adjacent to the vending machine bank.

(c) All operators of vending machines shall:

(1) comply with the requirements of this chapter;

(2) maintain at the operator's headquarters, or at some other designated location within the city, a list of all vending machines operated by such operator within the city and the complete address of each machine location and of all commissaries or other establishments from which his machines are serviced, shall make this information available to the director upon request and shall keep it current;



(3) notify the director of each new vending machine location at which potentially hazardous food or hot or cold cup beverage vending machines have been placed in operation; and

(4) notify the director of any change in operations involving new types of vending machines or conversions of existing machines to dispense products other than those for which the machines were built.

Sec. 11-2-24 Food manager certificate and responsibility.

(a) It shall be unlawful to operate a food establishment unless it is under the immediate control of a certified food manager; provided, that a limited food establishment shall not be in violation of this subsection if it is under the immediate control of a certified limited food manager.

(b) The food manager or limited food manager shall be responsible for training food service personnel in sanitary food-handling techniques and proper methods of food protection, and for ensuring that good public health and food protection practices and sanitary techniques in manufacturing, storing, serving and transporting foods are used at all times on the premises under his control.

Sec. 11-2-25 Issuance of food manager certificate.

(a) Any person desiring to obtain a certificate required by section 11-2-24 shall apply in writing on forms provided or accepted by the director. Such application shall include the name and address of the applicant, the location and type of the proposed food establishment and the signature of the applicant.

(b) A food manager certificate shall be issued only to a person who has passed a food manager certification examination approved by the director. The examination shall be conducted by the director or the director's designee. The designee may be a private vendor approved by the director as qualified to conduct the food manager certification examination. The director may also authorize the private vendor to issue a food manager certificate to any person who successfully completes the examination, and to process applications for renewal of the certificate.

(c) A food manager certificate shall be issued in the name of an individual applicant only, shall not be assignable or transferable, and shall be valid only for a period of three years from the date of issuance. Prior to the issuance of a food manager certificate, a fee of $20, or another amount established by city council, shall be paid to the director of finance. In the event that the certificate is issued by a private vendor approved by the director, the fee shall be paid to such private vendor.

(d) A limited food manager certificate shall be issued only to a person who has successfully passed a limited food manager certification examination, given by the director or the director's designee, which tests the applicant's knowledge of food-handling techniques necessary for the safe operation of a limited food establishment. The designee may be a private vendor approved by the director as qualified to conduct the limited food manager certification examination. The director may also authorize the private vendor to issue a limited food manager certificate to any person who successfully completes the examination. A limited food manager certificate shall be issued in the name of an individual applicant only, shall not be assignable or transferable, and shall be valid only for a period of three years from the date of issuance. Prior to the issuance of a limited food service manager certificate, a fee of $20, or other amount established by city council, shall be paid to the director of finance. If the certificate is issued by a private vendor approved by the director, the fee shall be paid to such private vendor.

(e) A food manager or a limited food manager shall be entitled to the renewal of his certificate for a subsequent three year period upon payment of a renewal fee of $20, or other amount established by city council, provided that:

(1) an application for renewal is filed with the director, or with a private vendor authorized by the director to process renewal applications, not more than 30 days following the expiration date of the certificate; and

(2) if the applicant's certificate has been revoked or suspended during the preceding three years, the applicant shall retake and pass either a food manager certification examination approved by the director or a limited food manager certification examination given by the director or the director's designee, whichever is appropriate.

Sec. 11-2-26 Suspension of permit or certificate in emergencies.

(a) If he deems an emergency to exist, the director may without warning, notice or hearing, order the suspension of any permit or certificate issued under this chapter if the holder of the permit or certificate does not comply with the requirements of this chapter, or if the operation of the food establishment does not comply with the requirements of this chapter, or if the operation of the food establishment otherwise constitutes a substantial and imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (b) of this section. When a permit is suspended, all food-handling operations at the food establishment shall immediately cease. When a certificate is suspended, food-handling operations shall immediately cease unless another certified food manager or, where appropriate, certified limited food manager is present and in control. If the reason for the suspension is eliminated prior to the suspension being sustained by the director, the suspension shall be terminated.

(b) Whenever a permit or certificate has been ordered suspended, the holder of the permit or certificate or the person in charge shall be notified in writing that the permit or certificate is suspended effective upon service of the notice and that an opportunity for a hearing will be provided if written request for a hearing is filed with the director by the holder of the permit or certificate within 10 days. The holder of the permit or certificate shall be afforded an opportunity for hearing within 20 days of receipt by the director of a request for a hearing from the holder. If no written request for a hearing is filed within 10 days, the suspension is sustained. The director may end a suspension at any time if the reason for suspension no longer exists.

(c) The director, in lieu of suspending a permit, may suspend the applicability of the permit to a specific vending machine or machines, commissary or specific products.






Sec. 11-2-27 Revocation of permit or certificate.

(a) The director may, after providing the opportunity for a hearing, order the revocation of a permit or certificate issued under this chapter for serious or repeated violations of any of the requirements of this chapter or for interference with the director in the performance of his duty.

(b) Prior to ordering the revocation, the director shall notify, in writing, the holder of the permit or certificate or the person in charge of the specific reasons for which the permit or certificate is to be revoked, and that the permit or certificate shall be revoked on the tenth day following service of the notice unless a written request for a hearing is filed with the director by the holder of the permit or certificate within such 10-day period. If no request for hearing is filed within the 10-day period, the permit or certificate shall be revoked by order of the director and the revocation shall be final.

Sec. 11-2-28 Service of notices.

A notice required by this chapter is properly served when it is delivered to the holder of the permit or certificate or to the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or certificate. A copy of the notice shall be filed with the records of the health department.

Sec. 11-2-29 Closing of food establishments.

The director shall order the closure of (1) any food establishment which is operated without the permit required by section 11-2-21, or is operated without a certified food manager being in control as required by section 11-2-24, or (2) any vending machine operated without the permit required by section 11-2-23. The closure order shall be in writing, shall specifically state the reason for the closure and shall clearly specify the compliance requirements necessary to have the order revoked. The sheriff of the city shall enforce the closure order until it is rescinded by the director in writing. Upon receipt of satisfactory proof of compliance with the written requirements set forth in the closure order, the director shall immediately issue a written rescission of the order.

Sec. 11-2-30 Hearings.

The hearings provided for in this chapter shall be conducted by the director at a time and place designated by him. Any oral testimony given at a hearing shall be summarily reported or recorded. The director shall make a finding based upon the hearing record and shall issue, sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit or certificate by the director.

Sec. 11-2-31 Application after revocation.

Whenever a revocation of a permit or certifi-cate has become final, the holder of the revoked permit or certificate may submit a written applica-tion for a new permit or certificate.
Article D
Civil Penalty

Sec. 11-2-41 Penalties.

(a) It shall be unlawful for a person to fail to comply with any provision of this chapter, including a provision of the FDA Food Code, that applies to the person. It also shall be unlawful for any food establishment, limited food establishment, mobile food unit or limited service mobile food unit to fail to comply with any provision of this chapter that applies to it. A person who fails to comply with any provision applicable to him shall be in violation of this chapter. The owner of any such food establishment or mobile food unit which fails to comply with any applicable provision shall be in violation of this chapter. For each violation, the person or owner shall be liable for a civil penalty. Each day that a violation exists or persists shall constitute a separate violation of this chapter.

(b) The civil penalty for any violation of this chapter shall be $50; provided, that the penalty for the second and any subsequent violation of the same regulation, in any 12-month period at the same site by the same person or food establishment or mobile food unit, shall be $100.

Sec. 11-2-42 Procedures.

(a) Upon determining that one or more violations of this chapter have occurred, the director or the director's designee shall cause a written notice of the violation or violations to be delivered to the person who is in violation of this chapter and, in the case of an owner of a food establishment or mobile food unit who is in violation of this chapter, to the owner or to the person in charge of the food establishment or mobile food unit. The notice shall, with respect to each violation, contain the following information:

(1) a description of the violation, with a citation to the city code or FDA Food Code section that has been violated;

(2) a statement of the amount of the civil penalty to be assessed; and

(3) a statement that the person or owner in violation may elect either (I) to make an appearance in person, or in writing by mail, to the treasurer of the city by a specific date, admit liability for or plead no contest to the violation, abate the violation, and pay the civil penalty established for the violation, or (ii) to contest the violation by filing with the director, within 10 days of receipt of the notice, a written notice of the election to contest the violation, in which case the person or owner shall be entitled to an administrative hearing before the director.

(b) If, after an administrative hearing, the director finds that a violation of this chapter has occurred, the person or owner found to be in violation shall, within 10 days of the finding, pay the civil penalty originally assessed.

(c) If a person or owner charged with a violation of this chapter does not elect to admit liability or plead no contest and to pay the assessed penalty, or, following an administrative hearing which results in a finding that a violation has occurred, does not pay the assessed penalty, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or a motion for judgment, with the same right of appeal as provided in civil actions at law.


(d) A plea of no contest to, and a finding or admission of liability for, a violation of this chapter shall not be deemed a criminal conviction.

(e) The remedies provided in this section are cumulative and not exclusive. The designation of a violation of this chapter as a civil violation shall not be construed as prohibiting city officials from initiating appropriate administrative or civil procedures to prevent, correct, restrain or abate violations of the chapter.
Article E
Review of Plans and Specifications

Sec. 11-2-51 Submission of plans, specifications and other data;
inspection prior to operation; fees.

(a) Whenever a food establishment is constructed or remodeled or whenever an existing structure is converted to use as a food establishment, plans and specifications for such construction, remodeling, or conversion shall be submitted to the director for his review prior to commencement of such construction, remodeling or conversion. The director shall verify that the plans and specifications conform to the requirements of this chapter and the FDA Food Code. The plans and specifications shall include the intended menu, anticipated volume of food to be stored, prepared, and sold or served, the proposed layout and arrangement of the facilities, plumbing plans, mechanical plans, electrical plans, finish schedules, lighting schedules, and the types, model numbers, locations, dimensions, performance capacities and installation specifications of proposed fixed equipment and facilities. The director may require additional plans or information, as needed, depending on the nature and extent of the proposed construction, remodeling or conversion. The director shall approve the plans and specifications if they meet the requirements of this chapter and the FDA Food Code. The director's approval of any plans or specifications shall not be viewed to be a determination that said plans or specifications are free from error. The owner shall have final responsibility for the accuracy and completeness of the plans and specifications, as well as for subsequent construction and installation. No food establishment shall be constructed, remodeled or converted except in accordance with plans and specifications approved by the director.

(b) Whenever plans and specifications are required to be submitted and approved, the director shall inspect the food establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements contained in this chapter.

(c) A fee of $135, or another amount established by city council, shall be paid to the director upon submission of plans.











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

KERRY J. DONLEY
Mayor

Introduction: 9/9/97
First Reading: 9/9/97
Publication: 9/10/97; 9/11/97
Public Hearing: 9/13/97
Second Reading: 9/13/97
Final Passage: 9/13/97
* * * * *

WITHOUT OBJECTION, City Council considered Item Nos. 33 and 34 together.

33. SPECIAL USE PERMIT #97-0091 -- 5101 DUKE STREET -- NE CORNER OF NORTH PICKETT & DUKE STREETS -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a pharmacy with drive-through window facility; zoned CG/Commercial General. Applicant: CVS Corporation, by Nan E. Terpak, attorney.

COMMISSION ACTION: Recommend Approval 4-2-1

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 33; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of a letter from Mr. Eastment dated August 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 33; 9/13/97, and is incorporated herewith as part of this record by reference.)

34. VACATION #97-0002 -- 5101 DUKE STREET -- NE CORNER OF NORTH PICKETT & DUKE STREETS -- Public Hearing and Consideration of a request for vacation of a portion of a public right-of-way of a service road; zoned CG/Commercial General. Applicant: CVS Corporation, by Nan E. Terpak, attorney, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 4-2-1

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 34; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

Nan E. Terpak, 2200 Clarendon Boulevard, 13th floor, Arlington, VA, attorney representing the applicant, spoke in support and answered questions directed to her by Members of Council; and

Richard Lake, applicant, also answered questions.



WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council took the following actions: (33.) City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the added conditions #14 through #19; and (34.) 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 authorized the Mayor to appoint viewers. The Mayor subsequently appointed Bruce Wilmot, chair, and Libby Cooperman and Debbera Hayward as viewers. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Item Nos. 35, 36 and 37 together.

35. SPECIAL USE PERMIT #97-0092 -- 1737-1767 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for a special use permit, with site plan, for amendment to a commercial development to allow development of a hotel, a reduction in off-street parking requirements to allow for tandem parking spaces, for an accessory restaurant with outdoor seating, and for site plan modifications; zoned OCH/Office Commercial High. Applicant: Flaut, Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 35; 9/13/97, and is incorporated herewith as part of this record by reference.)

36. SPECIAL USE PERMIT #97-0093 -- 1737-1767 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for a special use permit for amendment to a transportation management plan (TMP); zoned OCH/Office Commercial High. Applicant: Flaut, Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 36; 9/13/97, and is incorporated herewith as part of this record by reference.)

37. ENCROACHMENT #97-0008 -- 1737-1767 KING STREET -- METROPLACE -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a storm water structure and outdoor seating area; zoned OCH/Office Commercial High. Applicant: Flaut, Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 7-0



(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 37; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

Stacy A. Hopkins, 435 Earl Street, representing the Braddock Station Civic Association, spoke in support; and

Harry P. Hart, 307 North Washington Street, attorney representing the applicant, spoke in support.

Members of City Council, Transportation and Environmental Services Director O'Kane, and Mr. Hart participated in a dialogue on these items.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried unanimously, City Council took the following actions: (35.) City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations; (36.) City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and added condition #15 to read: "15. Developer will continue to work with the King Street Area Task Force and staff, to attempt to improve the pedestrian and traffic management flow in this area"; and (37.) City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, which approves the request for the outdoor cafe seating and denies the encroachment request for the stormwater facility. The voting was as follows:

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

38. SPECIAL USE PERMIT #97-0112 -- 109 KING STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (ice cream shop); zoned CD/Commercial Downtown. Applicant: Ray Giovannoni.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 38; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

George Ellmore, 1740 Dogwood Drive, representing the applicant, spoke in support, and requested that condition #14 be deleted.

Councilman Speck requested in condition #13, that "shall" be changed to "will".


WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted condition #14, and changed the language for condition #13 to read: "13. The applicant will assist its employees who drive to use off-street parking." The voting was as follows:

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

39. SPECIAL USE PERMIT #97-0114 -- 214 NORTH FAYETTE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a retail bakery with a restaurant component; zoned CRMU-L/Commercial Residential Mixed Use, Low. Applicant: Firehook of Virginia, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated September 2, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 39; 9/13/97, 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, P. O. Box 820, attorney representing the applicant, spoke in support.

Mayor Donley noted that Reverend Henry Roberts, 1120 Queen Street, representing Antioch Church of Christ, was present earlier and had questions with respect to days of operation and was the applicant requesting an ABC license.

Mr. Blair indicated that they were not requesting an ABC license and that the days of operation were 7:00 a.m. to 7:00 p.m., Monday through Saturday.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich 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"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"







Board of Architectural Review

40. CASE BAR-97-0114PG --Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Parker-Gray District, on June 11, 1997, granting, as amended, a request for approval of a new two-family dwelling to be constructed at 1615 & 1615A Princess Street, zoned RB Residential, will be heard. APPLICANT: John Savage. APPELLANT: Stacy A. Hopkins, president, Braddock Station Civic Association, on behalf of petitioners.

(A copy of the Board of Architectural Review Report, Parker-Gray District, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 40; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated June 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 40; 9/13/97, and is incorporated herewith as part of this record by reference.

Photographs handed out by the architect are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 40; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

John Savage, 1100 Princess Street, architect representing the applicant, spoke in support of this application, and against the appeal;

Clyde A. Pinkston, 305 Yoakum Parkway, applicant, spoke in support of the application, and against the appeal;

Richard Salopek, 110 East Linden Avenue, vice chair, Board of Architectural Review, Parker-Gray District, presented the Board's position on this item;

Stacy A. Hopkins, 435 Earl Street, representing the Braddock Station Civic Association, spoke in support of the appeal and against the Board's action; and

Mark Smith, 1603 Princess Street, spoke in support of the appeal and against the Board's action.

Members of City Council, Board of Architectural Review staff members, Smith and Sechrist, Mr. Savage and Mr. Salopek participated in a dialogue on this item.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 4-to-3, City Council denied the appeal and upheld the decision of the Board of Architectural Review, Parker-Gray District. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Item Nos. 41, 42, and 43 together.

41. CASE BAR-97-0103 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on July 16, 1997, granting, a request for approval of the demolition/capsulation of portions of 723 South Fairfax Street, zoned RM Residential, will be heard. APPLICANT: Sonoma Development. APPELLANT: Susan B. Kellom, on behalf of petitioners.

(A copy of the Board of Architectural Review, Old and Historic Alexandria District, report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 41; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated July 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 41; 9/13/97, and is incorporated herewith as part of this record by reference.)

42. CASE BAR-97-0104 -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on July 16, 1997, granting, as amended, a request for approval of alterations and an addition to be constructed at 723 South Fairfax Street, zoned RM Residential, will be heard. APPLICANT: Sonoma Development. APPELLANT: Susan B. Kellom, on behalf of petitioners.

(A copy of the Board of Architectural Review, Old and Historic Alexandria District report, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 42; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated July 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 42; 9/13/97, and is incorporated herewith as part of this record by reference.)

43. CASE BAR-97-0134 -- Public Hearing and Consideration of an appeal from the approval, pursuant to Section 10-104(f)(1) of the City of Alexandria Zoning Ordinance, of an application to the Board of Architectural Review, Old and Historic Alexandria District, for a permit for the demolition of a shed at 721 South Fairfax Street, zoned RM Residential, will be heard. APPLICANT: Sonoma Development. APPELLANT: Susan B. Kellom, on behalf of petitioners.

(A copy of the Board of Architectural Review, Old and Historic Alexandria District, report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 43; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated July 25, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 43; 9/13/97, and is incorporated herewith as part of this record by reference.

A copy of Ms. Kellom's statement, together with exhibits and letters, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item Nos. 41, 42, and 43; 9/13/97, and is incorporated herewith as part of this record by reference.)

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

Susan B. Kellom, 719 South Fairfax Street, representing petitioners, spoke in support of the appeals;

Duncan W. Blair, P. O. Box 820, attorney representing the applicant, spoke against the appeals and in support of the Board's decisions;

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

Caroline H. Krewson, 414 Gibbon Street, spoke in support of the appeals; and

Janice Wolk-Grenadier, 15 West Spring Street, spoke against the appeals.

The Members of City Council, City Attorney Sunderland, Ms. Kellom, and Mr. Blair, participated in the discussion of this item.

WHEREUPON, a motion was made by Councilwoman Pepper to approve 41 and 43; which motion FAILED for lack of a second.

THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 4-to-3, City Council denied the appeals with regard to 41 and 43, and granted the appeal for 42. The voting was as follows:

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

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council reconsidered Item Nos. 41, 42, and 43. The voting was as follows:

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

THEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 4-to-3, City Council took the following actions: (41.) City Council denied the appeal and upheld the decision of the Board of Architectural Review, Old and Historic Alexandria District; (42.) City Council remanded this back to the Board of Architectural Review, Old and Historic Alexandria District; and (43.) City Council denied the appeal and upheld the decision of the Board of Architectural Review, Old and Historic Alexandria District. The voting was as follows:

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

45. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the 1992 Master Plan by changing the land use designation of the property at 3408 King Street and 1205 North Quaker Lane from R-20/Residential to RA/Residential. (#14 9/9/97) [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 Speck, 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:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 3950

AN ORDINANCE to amend and reordain the Fairlington/Bradlee and Taylor Run/Duke Street Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such small area plan chapters as Master Plan Amendment No. 97-001 and no other amendments, and to repeal all provisions of the said small area plan chapters as may be inconsistent with such amendments.

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

1. In Master Plan Amendment No. 97-001, an application has been made to amend the Fairlington/Bradlee and Taylor Run/Duke Street Small Area Plan Chapters of the 1992 Master Plan to change the land use designation of the property of the Oakland Baptist Church at 3408 King Street from CG-Commercial General and I-Institutional to I-Institutional, and to include the entire property within the Taylor Run/Duke Street Small Area Plan Chapter.

2. In addition, in Master Plan Amendment No. 97-001, the planning commission on its own motion initiated the amendment of the Taylor Run/Duke Street Small Area Plan Chapter of the 1992 Master Plan to change the land use designation of a portion of the property of the Quaker Lane Apartments at 1205 North Quaker Lane from I-Institutional to RM-Residential Medium.

3. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

4. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Land Use Plan Map, Map 8, and the Zoning Map, Map 10, of the Taylor Run/Duke Street Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby are, amended to change the land use and zoning designations of the property at 3408 King Street (Zoning Map and Tax Map Parcel Nos. 32.00-09-04 and 32.00-09-06), from CG-Commercial General and I-Institutional to I-Institutional, and to include the said property within the Taylor Run/Duke Street Small Area Plan Chapter.

Section 2. That the Land Use Plan Map, Map 8, and the Zoning Map, Map 10, of the Taylor Run/Duke Street Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby are, amended to change the land use and zoning designations for a portion of the property at 1205 North Quaker Lane (Zoning Map and Tax Map Parcel No. 32.00-09-05), from I-Institutional to RM-Residential Medium.

Section 3. That the Land Use Plan Map, Map 3, and the Zoning Map, Map 6A, of the Fairlington/Bradlee Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, and the text and any other graphic material within the said small area plan chapter, be, and the same hereby are, amended to delete any reference to the property at 3408 King Street (Zoning Map and Tax Map Parcel Nos. 32.02-09-04 and 32.02-09-06) from the said small area plan chapter.

Section 4. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map and text amendments, as part of the appropriate small area plan chapters of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 5. That the Fairlington/Bradlee and Taylor Run/Duke Street Small Area Plan Chapters of the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby are, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 6. 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 7. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor

Introduction: 9/9/97
First Reading: 9/9/97
Publication: 9/10/97; 9/11/97
Public Hearing: 9/13/97
Second Reading: 9/13/97
Final Passage: 9/13/97
* * * * *

46. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to rezone the property at 3408 King Street and 1205 North Quaker Lane from R-20 single-family zone to RA multiple-family zone. (#13 9/9/97) [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 Speck 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"
Speck "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 3951

AN ORDINANCE to amend and reordain Sheet No. 32.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the property at 3408 King Street (ZONING MAP AND TAX MAP PARCEL NOS. 32.00-09-04 and 32.00-09-06) from R-20/Single-Family Zone to RA/Multi-Family Zone, and to rezone a portion of the property at 1205 North Quaker Lane (ZONING MAP AND TAX MAP PARCEL NO. 32.00-09-05) from R-20/Single-Family Zone to RA/Multi-Family Zone (RZ No. 97-001), in accordance with the said zoning map amendments heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. An application has been made to amend the zoning of the property known as 3408 King Street (Zoning Map and Tax Map Parcel Nos. 32.00-09-04 and 32.00-09-06) from the R-20/Single-Family Zone to the RA/Multi-Family Zone.

2. The planning commission has initiated on its own motion the rezoning of a portion of the property at 1205 North Quaker Lane (Zoning Map and Tax Map Parcel No. 32.00-09-05) from the R-20/Single-Family Zone to the RA/Multi-Family Zone.

3. The said rezonings are in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended.

4. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 32.00 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:



FROM: R-20/Single-Family Zone
TO: RA/Multi-Family Zone

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

Section 3. That Sheet No. 32.00 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment: Rezoning Sketch Plan

Introduction: 9/9/97
First Reading: 9/9/97
Publication: 9/10/97; 9/11/97
Public Hearing: 9/13/97
Second Hearing: 9/13/97
Final Passage: 9/13/97
* * * * *


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (47 - 51)

Planning Commission (continued)

47. SPECIAL USE PERMIT #97-0061 -- 2713 MOSBY STREET -- Public Hearing and Consideration of a request for a special use permit to construct a single-family dwelling on a substandard lot, and request for modifications of yard requirements; zoned R-8/Residential. Applicant: Marc Gordon, by Gaver Nichols, architect.

NOTE: THE APPLICANT WITHDREW THIS REQUEST ON AUGUST 20, 1997.

48. MASTER PLAN AMENDMENT #97-0004 -- REZONING #97-0004 -- 3900- 4400 WHEELER AVENUE -- Public Hearing and Consideration of a request for an amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and to change the zoning designation of the subject property from UT/Utilities and Transportation to I/Industrial. Applicant: AMT, LLC, by Katherine H. Hinken.

COMMISSION ACTION: Deferred 7-0

49. SPECIAL USE PERMIT #97-0100 -- 516 SOUTH VAN DORN STREET, UNITS #A & #B -- VAN DORN STATION SHOPPING CENTER -- SANTA ROSA SEAFOOD -- Public Hearing and Consideration of a request for a special use permit to expand a restaurant, add seating, change the hours of operation, and add a bar; zoned CG/Commercial General. Applicant: Andy J. Chicas.

COMMISSION ACTION: Deferred 7-0

50. SPECIAL USE PERMIT #97-0115 -- 1464 NORTH BEAUREGARD STREET, #B -- HAMLET SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: Starbucks Coffee Company, by Herbert A. Heiserman, architect.

COMMISSION ACTION: Deferred 7-0

51. REZONING #97-0002 -- 700 NORTH ASHTON STREET -- Public Hearing and Consideration of a request to change the zoning designation of the property located between North Ashton Street and North Beauregard Street from R-12/Residential to RT/Residential. Applicant: Presidential Realty Corporation and Kent Lincolnia Joint Venture, by Robert J. Test, Trustee.

COMMISSION ACTION: Deferred 7-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, Council noted the deferrals and withdrawal.

OTHER

52. Discussion of Approving the Closing of a Portion of Mt. Vernon Avenue for a Children's Halloween Parade. (#29 9/9/97) (Councilman Speck)

WITHOUT OBJECTION, City Council noted the deferral of this item to the September 23, 1997 Legislative Meeting.

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, at 6:47 p.m., the Public Hearing Meeting of Saturday, September 13, 1997, was adjourned. The voting was as follows:

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

APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk










This docket is subject to change.

* * * * *

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

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