Meeting Minutes for Public Hearing Meeting (04/17/1999)

Public Hearing Meeting
Saturday, April 17, 1999 - - 9:30 a.m.

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

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Ms. Beeton, Urban Planner II; Ms. Steele, Deputy City Manager; Ms. Plemmer, Assistant City Manager; Mr. Jinks, Director of Financial and Information Technology Services; and Lieutenant Butler, Police Department.

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

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OPENING

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

2. Public Discussion Period.

(a) Poul Hertel, 1217 Michigan Court, president, Northeast Citizens Association, thanked City staff and City Council for the Northeast Traffic Management Plan;

(b) Judy McVay, 207 North Columbus Street, representing the Coalition for a Sensible Bridge, spoke to the recent ruling on its lawsuit regarding the Woodrow Wilson Bridge;

(c) Robert Montague, III, 207 Prince Street, chair, Alexandria Historical Restoration and Preservation Commission, spoke to the recent ruling on the lawsuit regarding the Woodrow Wilson Bridge;

(d) John C. Belshe', South Royal Street, representing Friends of Jones Point and the Historic Alexandria Foundation, spoke to the recent ruling on the Woodrow Wilson Bridge lawsuit; a copy of Mr. Belshe's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(d);

(e) Robert Peavey, representing Porto Vecchio Homeowners Association, spoke to the Woodrow Wilson Bridge lawsuit;

(f) Charles Trozzo, 209 Duke Street, commented on the vision of the City pertaining to the Route 1 and Washington Street corridors, and encouraged Council to have its work session on historic preservation;

(g) Bert Ely, 415 1/2 Prince Street, representing the Coalition for a Sensible Bridge, spoke to the funding aspect of the Woodrow Wilson Bridge;

Members of Council and the City Attorney participated in a discussion pertaining to the ruling handed down by Judge Sporkin.

(h) James Hurysz, 127 South Fairfax Street, Suite 202, representing the Concerned Fairlington Residents, spoke to traffic concerns along the King Street corridor between Old Town Alexandria and Falls Church; a copy of Mr. Hurysz's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(h); and

(i) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 15)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 7, 9, 10, and 13, from the Action Consent Calendar and considered them under separate motions.

3. TEXT AMENDMENT #99-0003--NOTICE OF FINAL CDD PLAN REVIEW -- Public Hearing and Consideration of an amendment to Section 5-606 (D) of the Zoning Ordinance to change the responsibility of final site plan notice to the applicant of the CDD plan.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 4/17/99, and is incorporated herewith as part of this record by reference.)

4. DEVELOPMENT SPECIAL USE PERMIT #99-0007--1000 SAINT STEPHEN’S ROAD--SAINT STEPHEN’S AND SAINT AGNES SCHOOL, CAMPUS -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, to extend the period of commencement of construction for an addition to a school; zoned R-8/Residential and R-12/Residential. Applicant: Church Schools in the Diocese of Virginia by St. Stephen’s and St. Agnes School, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 4/17/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #98-0163--297 SOUTH VAN DORN STREET--VAN DORN PLAZA SHOPPING CENTER--KABOB MASALA -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation and add seating to the existing restaurant; zoned CG/Commercial General. Applicant: Qadir, Inc., by Shamshad Ahmad.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 4/17/99, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #98-0165--3250 DUKE STREET--CAFE MONTI -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CG/Commercial General. Applicant: Alvi, Inc., by Anjuman Akhter.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 4/17/99, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #99-0007--1400-A DUKE STREET -- Public Hearing and Consideration of a request for a special use permit to operate a research laboratory with a parking reduction; zoned OCM-50/Office Commercial Medium. Applicant: Advanced Power Technologies, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 4/17/99, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #99-0017--4112 MOUNT VERNON AVENUE--SHOPS ON THE AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a market and restaurant; zoned CL/Commercial Low. Applicant: A. J. Dwoskin and Associates, Inc., by Engin Artemel.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 4/17/99, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #99-0018--1470-B NORTH BEAUREGARD STREET-- SHOPS AT MARK CENTER (HAMLET CENTER) -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant (ice cream shop); zoned CDD-4/Coordinated Development District. Applicant: Shaq Qureshi.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 4/17/99, and is incorporated herewith as part of this record by reference.)

14. SPECIAL USE PERMIT #99-0022--652 SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned I/Industrial. Applicant: Shenandoah Brewing Co., by Anning H. Smith, Jr.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 4/17/99, and is incorporated herewith as part of this record by reference.)

15. SPECIAL USE PERMIT #99-0012--725-727 KING STREET--BERTUCCI'S RESTAURANT -- Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Bertucci’s Restaurant Corporation.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 4/17/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of docket item nos. 7, 9, 10, and 13, which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the text amendment.

4. City Council approved the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, with the amended conditions #29 and #32.

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 and the amended condition #6.

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

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

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

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

7. SPECIAL USE PERMIT #99-0004--3606 MOUNT VERNON AVENUE-- HUASCARAN RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to add seats and entertainment to the existing restaurant; zoned CG/Commercial. Applicant: Huascaran Restaurant, by Paula M. Coleto.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 4/17/99, and is incorporated herewith as part of this record by reference.)

Vice Mayor Euille encouraged the applicant at all times to abide by the City Code regulations and the requirements of the special use permit.

WHEREUPON, upon motion by Vice Mayor Euille, 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 and the amended condition #8. The voting was as follows:

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

9. SPECIAL USE PERMIT #99-0015--3020 COLVIN STREET -- Public Hearing and Consideration of a request for a special use permit for a motor vehicle storage yard with general automobile repair; zoned I/Industrial. Applicant: Chester Garvin and Sons, Inc., by Timothy Garvin.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 4/17/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Del Brocco's letter dated April 17, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

Janice Shafer, 814 Vassar Road, spoke against;

Robert W. Sprague, 3015 Colvin Street, spoke against; and

Timothy Garvin, 1023 North Quaker Lane, representing the applicant, spoke in support and answered questions.

Members of City Council directed questions to Mr. Garvin, the applicant.

Councilwoman Pepper questioned Fire Chief Hawkins whether or not there were code violations at the Bevis Auto Storage on Sweeley and Colvin Streets as it looks like a scrap yard.

Chief Hawkins will prepare a staff report to Council with respect to what Code Enforcement is doing in the Colvin Street area, as well as a status report on the Bevis property.

Mr. Garvin stated that the trucks will be cleaned away from the site. They are cleaned out at the dumpsite where they [employees] get in the back and clean the trucks, but they will be washed at the site, but cleaned out at the dump. There's a trap door in the back of the truck and all the garbage is cleaned out at the dumpsite.

Council Member Walker requested some advice from the Planning staff on possible industrial areas, where we could go, what kind of businesses can be there, and see if we can make our industrial areas as nice as possible.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 5-to-2, 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:

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

10. SPECIAL USE PERMIT #99-0016--726 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit for a parking lot for the automobile repair garage business located at 722 North Henry Street and 1106 Madison Street; zoned CRMU-M/Commercial Residential Mixed Use-Medium. Applicant: Antonio and Delicia Claure.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 4/17/99, and is incorporated herewith as part of this record by reference.)

Councilman Speck expressed concern about compounding a noncomplying use.

Members of Council directed questions to the applicant and Planning and Zoning Director Lynn.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 4-to-3, City Council overturned the Planning Commission recommendation and denied the application for a special use permit. The voting was as follows:

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

13. SPECIAL USE PERMIT #99-0019--1201 NORTH ROYAL STREET-- -- METROSTAGE THEATRE -- Public Hearing and Consideration of a request for a special use permit to reapprove an amusement enterprise (stage theater) with a parking reduction; zoned CD-X/Commercial Downtown. Applicant: American Showcase Theatre Company, Inc., trading as MetroStage, by Carolyn Griffin.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

Debra L. Johnson, 515-5 Bashford Lane, representing North Old Town Independent Citizens (NOTIC), expressed concerns about parking; and

Carolyn Griffin, 500 North View Terrace, applicant.

Mayor Donley asked questions of the applicant.

Council Member Walker suggested that the restaurant [at this site] and MetroStage watch the parking situation and if it should become a hassle, perhaps they could use the underground parking available in some of the office buildings in that area.

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, and amended condition #2 to read: "2. A parking reduction is allowed so that 45 spaces on the site are required for the mix of uses on the site, reserved for patrons."; and added condition #10. to read: "10. Require that employees or performers who drive shall park off street." The voting was as follows:

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

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Without objection, after the consent agenda was adopted and after consideration of docket item no. 13, Councilman Speck raised concerns about restaurants having a turnover of restaurant managers and personnel at every level and how are new employees made aware of the requirements of a special use permit. He asked how does the City continue to stay on top of that and constantly be reminding special use permit holders of these requirements and the need to be reminding their employees?

Planning and Zoning Director Lynn responded to his concerns.

Council Member Walker suggested that the requirements be posted in the restaurant.

Mayor Donley suggested that we be more proactive by making presentations at a number of the business organizations in the City, i.e., the Chamber of Commerce, the Eisenhower Partnership, the Potomac West Alliance, KISMET, smaller organizations like the Bradlee Businesspersons Association, Old Town Business Association, etc., with respect to the conditions to special use permits.

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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

16. ENCROACHMENT #99-0001--1508 MOUNT VERNON AVENUE--MANCINI’S RESTAURANT -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a trash dumpster; zoned CL/Commercial Low. Applicant: Barbara Mancini. (#14 3/13/99)

COMMISSION ACTION: Recommend Approval 6-0

(A copy of Mr. Lynn's memorandum dated March 31, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/17/99, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

Cynthia O'Brien, 239 East Monroe Avenue, representing herself and fiance' Stewart P. Beckwith, spoke in support of the staff recommendation moving the dumpster.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council granted the request for the encroachment for the purpose of customer and employee parking, but not for the dumpster, and included in the approval a requirement that the dumpster be located adjacent to the concrete ramp, that it be relocated and screened within 30 days from Council's approval, and included the drawing that is attached to the memorandum dated March 31, 1999, as part of the record to indicate the location of the dumpster. The voting was as follows:

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

17. ENCROACHMENT #98-0008--2819 RUSSELL ROAD, SOUTHEAST CORNER AT BIRCH STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a sign; zoned R-8/Residential. Applicant: Westminster Presbyterian Church, by Karen L. Olson.

COMMISSION ACTION: Recommend Approval 5-2

(A copy of Mr. Lynn's memorandum dated April 15, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 4/17/99, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

Karen L. Olson, 2701 Cameron Mills Road, representing the applicant, was in support and was available for questions.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Speck and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the staff recommendation, subject to compliance with all applicable codes, ordinances and staff recommendations. City Council approved the corrected staff recommendation which reads as follows: Permit one sign to be located within four feet of the north end of the grass area at the southeast corner of the intersection of Russell Road and Birch Street. The bottom of the sign shall be a minimum of 5.0 feet above the ground and the sign shall be no more than 18 inches wide. The voting was as follows:

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

18. SPECIAL USE PERMIT #99-0023--311-313 NORTH FAYETTE STREET -- Public Hearing and Consideration of a request for a special use permit for development of lots with a minimum lot area of 1,600 square feet and for a parking reduction; zoned RB/Residential. Applicant: William Cromley, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

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

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"

19. SPECIAL USE PERMIT #98-0167--3700 JEFFERSON DAVIS HIGHWAY -- LINCOLN AT ALEXANDRIA -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a multi-family development; zoned CDD-7/Coordinated Development District. Applicant: Lincoln Property Company Southwest, Inc., by Harry P. Hart, attorney.
COMMISSION ACTION: Approved 7-0

(A copy of the Planning Commission report dated April 6, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 4/17/99, and is incorporated herewith as part of this record by reference.

A copy of an e-mail from Marilyn Doherty dated April 16, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

Harry P. Hart, 207 North Washington Street, attorney representing the applicant, was available to answer questions.

Mayor Donley directed questions to Mr. Hart with respect to parking and to have it in place by the opening of the new school year.

Transportation and Environmental Services Director O'Kane and Attorney Hart responded to the Mayor's questions.

Mr. Hart stated that he and Mrs. Tucker of Lynhaven have spoken about the most current proposal at which they are looking with nose-in parking which puts more parking spaces towards Reed Avenue. He indicated that there is about 350 feet from the south to the north end of the property along Commonwealth Avenue. If you park cars at about 20 feet per space, that's about 15 parking spaces that can go parallel, and if you park in 10 feet wide spaces and angle in that's a lot more spaces. You can get the same 15 parking spaces that you could get parallel parking on Commonwealth Avenue in half the distance if you angle them. He stated what they are looking at and comparing the costs because it makes a difference. Suppose you angled in the 15 cars, instead of doing the whole 350 feet, and suppose you took the same number of cars you could get there and parallel park and angled them in close to Reed Avenue, and then had a drive aisle that you drove out onto and drove around to nose out onto Commonwealth Avenue. The engineer is looking at it. There is about 45 feet of City-owned property there to do that and they are looking at it to see whether it is something that is both economically feasible and reasonable to do from a traffic standpoint. The applicant will work with staff on this.

Councilwoman Pepper spoke to Ms. Doherty's concern about the lack of any major inclusion of bicycle spaces within the TMP in the garage. She requested the inclusion of some 200 bicycle locker or rack spaces.

Mr. Hart stated that they have talked with Del Ray and he has agreed with Bill Hendrickson of Del Ray and Richard Rose has agreed with him that they will make a reasonable provision for bicycle storage in the garage. He will work with staff on what is reasonable in that regard.

Council Member Walker expressed concern about the complexity of the intersection of Route 1 and East Reed Avenue. She would like to see some additional pedestrian movements addressed in the transportation management plan with the request to continue to work with the City to see if we can figure out easier ways to get across Route 1. She would be happy to work with them to get a better bus stop.

Mr. Hart would be happy to work with the City on this.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille 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, and with the request that the applicant work with the City in having bicycle storage in the parking lot. The voting was as follows:

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

Traffic and Parking Board

20. Public Hearing and Consideration of Closing the Unit Block of West Glendale Avenue at Commonwealth Avenue.

(A copy of the City Manager's memorandum dated April 14, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 4/17/99, and is incorporated herewith as part of this record by reference.)

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

Bob Schmitt, 3 West Glendale Avenue, representing residents, spoke in support.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried unanimously, City Council approved closing the unit block of West Glendale Avenue at Commonwealth Avenue as recommended by the Traffic and Parking Board. It was noted that the residents of the unit block of West Glendale Avenue and the Del Ray Citizens Association also recommended the street closing. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE soliciting bids to lease from the City, for a term up to 40 years, 2.9202 acres of City property located immediately to the north of the waste-to-energy facility at 5301 Eisenhower Avenue which shall be used in conjunction with and to facilitate operations at the facility. (#20 3/13/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated April 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 4/17/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4038

AN ORDINANCE to provide for the grant of a deed of lease by the City of Alexandria, Virginia, to a person or persons, or to a corporation, its successors and assigns, hereafter to be ascertained in the mode prescribed by law, of the public property known as Lot 500, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 289, among the land records of the City of Alexandria, Virginia, and Lot 701, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 298, among the land records of the City of Alexandria, Virginia, and located on Eisenhower Avenue, a public street in the City of Alexandria.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Article I. That there shall be granted, in the mode prescribed by law, a deed of lease of the public property known as Lot 500, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 289, among the land records of the City of Alexandria, Virginia, and Lot 701, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 298, among the land records of the City of Alexandria, Virginia (hereinafter collectively the “Property”), and located on Eisenhower Avenue, substantially in the form attached hereto, for a term not to exceed 40 years, as set forth in the following draft ordinance:

AN ORDINANCE

To grant to __________________, its successors and assigns, a deed of lease, substantially in the form attached hereto, to a certain piece or parcel of public property known as Lot 500, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 289, among the land records of the City of Alexandria, Virginia, and Lot 701, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 298, among the land records of the City of Alexandria, Virginia (collectively, the “Property”), and located on Eisenhower Avenue, in the City of Alexandria, Virginia.

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That a deed of lease of the Property be, and hereby is, granted unto __________, and its successors and assigns (hereinafter referred to collectively as the “Grantee”), for the term and subject to the provisions, terms, conditions and limitations therein stated, which are hereby approved and incorporated herein by reference.

Section 2. That the right to enter into the deed of lease, hereby granted, be, and hereby is, awarded to the Grantee after due and repeated advertisement as required by law, wherein bids were invited, pursuant to the notice contained in Article II of Ordinance No. ___, after the request for bids was duly closed and all bids were fully and carefully investigated and evaluated.

Section 3. That the city manager be, and hereby is, authorized to execute the deed of lease on behalf of the City of Alexandria.

Section 4. That the city clerk be, and hereby is, authorized and directed to attest the execution of the deed of lease and to affix thereon the official seal of the City of Alexandria.

Section 5. That this ordinance shall become effective upon _______________, 1999.

Article II. That upon enactment of this ordinance, the city clerk shall cause to be advertised once a week for four successive weeks in a newspaper of general circulation in the city, a descriptive notice of the proposed ordinance contained in Article I of this ordinance and, in addition, shall by such advertisement invite bids for the deed of lease to be granted by the proposed ordinance, by publishing with the descriptive notice of such proposed ordinance a notice which shall be substantially in the following form:

NOTICE

Bids are invited by the City Council of Alexandria, Virginia, for the lease of Lot 500, as the same appears duly dedicated, platted and recorded in Deed Book 1667, at page 289, among the land records of the City of Alexandria, Virginia, a 2.0736 acre parcel of land, and Lot 701, as the same appears duly dedicated, platted and recorded in the Deed Book 1667, at page 298, among the land records of the City of Alexandria, a .8466 acre parcel of land, and located on Eisenhower Avenue in the City of Alexandria (collectively, the “Property”). The Property is available for lease for a term not to exceed 40 years.

The deed of lease will include a condition that the Property be used only to support and facilitate the collection, transfer and disposal of solid waste at the waste-to-energy facility that is located at 5301 Eisenhower Avenue in the City of Alexandria.

Any person or entity submitting a bid in response to this notice will be thereby representing to the City Council of Alexandria that such bidder has studied all available documents, conditions, lease requirements and terms and is ready, willing and able, if selected as the preferred bidder, to consummate a deed of lease with the city within a period of not more than 45 days from the date of selection. Failure to execute the deed of lease within 45 days, unless extended by the city manager, shall terminate the preferred bidder status.

All bids shall be submitted in writing and delivered to the presiding officer of the City Council, in open session at the day and hour of the regular legislative meeting of the City Council to be held on May 25, 1999.

The bids which are received by the presiding officer at this meeting shall then be presented to the council to be dealt with and acted upon in the mode prescribed by law. City Council may refer some or all of the bids to a committee to consider the bids, negotiate with the bidders and recommend to the council a preferred bidder. After City Council has selected a preferred bidder, negotiations with that bidder may be conducted by city staff. If a lease is negotiated with that bidder, City Council may accept that bidder's bid and reject the remaining bids. If a lease is not negotiated with that bidder, a new preferred bidder may be selected from among the remaining bidders.

The city reserves the right, at its sole discretion, to reject any and all bids, to terminate negotiations at any stage of the preferred bidder selection process or in the lease negotiations with a preferred bidder, and to modify the request for bids and/or the procedures for selecting a preferred bidder and for agreeing on a deed of lease with a preferred bidder. The bidder whose bid is ultimately selected by council shall be required to pay all costs of advertising, in addition to the sum that is bid by it.

Article III. That this ordinance shall become effective upon the date and at the time of its enactment.

KERRY J. DONLEY
Mayor

Introduction: 4/13/99
First Reading: 4/13/99
Publication: 4/14/99; 4/15/99
Public Hearing: 4/17/99
Second Reading: 4/17/99
Final Passage: 4/17/99

* * * * *

22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to extend for one year, until May 1, 2000, the City's franchise to Bell Atlantic, which authorizes facilities of Bell Atlantic to occupy public rights-of-way within the City. (#21 3/13/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated April 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 4/17/99, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

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

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

The ordinance as finally passed reads as follows:

ORDINANCE NO. 4039

AN ORDINANCE to amend and reordain Ordinance No. 2165, to grant a one-year extension of franchise rights to Bell Atlantic-Virginia, Incorporated, formerly known as the Chesapeake and Potomac Telephone Company of Virginia.

WHEREAS, on March 22, 1977, the city council enacted Ordinance No. 2165 which granted a franchise to the Chesapeake and Potomac Telephone Company of Virginia and its successors and assigns "to use the streets, alleys, and other public places" of the City of Alexandria, "and to acquire, erect, maintain and use posts, poles, wires, manholes, ducts, cables, conduits, electrical conductors, fixtures, appliances, appurtenances, and all other necessary apparatus in, under, over and along the streets, alleys and public places of the city for the purpose of providing a telephone and telegraph service and system within the corporate limits of the city";

WHEREAS, Section 17 of Ordinance No. 2165 provided that the franchise rights and privileges provided by the ordinance were to continue for a term of twenty years from May 1, 1977;

WHEREAS, the twenty-year term contemplated in Ordinance No. 2165 expired on May 1, 1997;

WHEREAS, on March 18, 1997, the Virginia General Assembly approved legislation amending and reenacting sections 56-458 and 56-462 of the Code of Virginia, relating to payments by telephone companies to local governments for the use of the localities' rights-of-way (the “1997 Legislation”);

WHEREAS, the 1997 Legislation, which was to expire on July 1, 1998, prohibited cities in the Commonwealth from imposing on telephone companies any fees, including franchise, permit and inspection fees, and from requiring the provision of in-kind services or physical assets from such companies, in return for the right to use any public rights-of-way, except to the extent that such fees, in-kind services or physical assets were required to be provided by ordinance, permit, agreement or franchises as of February 1, 1997;

WHEREAS, due to the 1997 Legislation and in anticipation of new legislation being adopted during the 1998 session of the General Assembly, the city council enacted on October 25, 1997, Ordinance No. 3961 which extended the franchise granted by Ordinance No. 2165 to Chesapeake and Potomac Telephone Company of Virginia (then known as Bell Atlantic-Virginia, Incorporated (“Bell Atlantic”)) and its successors and assigns for an additional two-year period until April 30, 1999;

WHEREAS, on July 1, 1998, the 1997 Legislation expired and was replaced with other amendments to sections 56-458 and 56-462 of the Code of Virginia, adopted by the General Assembly during its 1998 session, which established a fee system that localities could impose on telephone companies in return for their use of the localities' rights-of-way (the “1998 Legislation”);

WHEREAS, on June 13, 1998, the city council enacted an Ordinance No. 4011 which imposed the fee system authorized by the 1998 Legislation on Bell Atlantic, the successor to Chesapeake and Potomac Telephone Company of Virginia;

WHEREAS, due to other pressing business, Bell Atlantic and the city have been unable since the enactment of the 1998 Legislation to negotiate the terms of a new long-term franchise allowing Bell Atlantic to use the streets, alleys, and other public places of the city; and

WHEREAS, the city council has determined that it is in the public interest to extend for an additional one-year period the franchise granted by Ordinance No. 2165 to Bell Atlantic, as the successor to the Chesapeake and Potomac Telephone Company of Virginia, so to provide to staff of the city and Bell Atlantic additional time to negotiate a new long-term franchise; now, therefore

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That, pursuant to Article VII, Section 9 of the Virginia Constitution and Article 1 of Chapter 21 of Title 15.2 of the Code of Virginia, Section 17 of Ordinance No. 2165, which defines the term of the franchise that the ordinance grants to the Chesapeake and Potomac Telephone Company of Virginia and its successors and assigns, be, and the same hereby is, amended to set the term at 23 years, such that the franchise shall expire on April 30, 2000, unless sooner voluntarily surrendered by the franchisee with the consent of the city council, or unless sooner forfeited as provided by law.

Section 2. That Ordinance No. 2165, as amended by Section 1 of this ordinance, be, and the same hereby is, reordained.

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

KERRY J. DONLEY
Mayor

Introduction: 4/13/99
First Reading: 4/13/99
Publication: 4/14/99; 4/15/99
Public Hearing: 4/17/99
Second Reading: 4/17/99
Final Passage: 4/17/99

* * * * *

23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to revise the regulations pertaining to a change in ownership of entities to which a special use permit has been issued. (#22 3/13/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4040

AN ORDINANCE to amend and reordain Section 11-503 (PROCEDURE), under Section 11-500 (SPECIAL USE PERMITS) of Article XI (DEVELOPMENT APPROVALS AND PROCEDURES), of the City of Alexandria Zoning Ordinance (TA NO. 99-0002).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That subsection (F) of Section 11-503 of the City of Alexandria Zoning be, and the same hereby is, amended to read as follows:

(F) Change in ownership only. Where an application under this section 11-500 is necessitated solely by a change in ownership of the use that is subject to the special use permit, and the circumstances set forth in paragraph (1) below apply, the director may administratively approve such application and transfer the special use permit to the new applicant only.

(1) The circumstances which are a condition to such administrative approval are as follows:

(a) The applicant is not requesting a change in the conditions of the special use permit.

(b) There have been no substantiated violations of the special use permit conditions.

(d) The director has concluded that no new conditions, other than standard conditions promulgated by the director, approved by City Council and agreed to by the applicant, and no amendments to existing conditions are necessary, other than to conform to such standard conditions.

(e) Following notice of the application in a newspaper of general circulation in the city, no person has

requested the director to forward the application to city council.

(2) Where the director approves an application under this section 11-503(F), sections 11-503(A) through (E) shall not apply to the application. However, where such application is not approved by the director, it shall be subject to the same procedural requirements of any other application for a special use permit. The director is authorized to issue regulations governing administrative approvals issued under this section 11-503(F).

Section 2. That Section 11-503 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Introduction: 4/13/99
First Reading: 4/13/99
Publication: 4/14/99; 4/15/99
Public Hearing: 4/17/99
Second Reading: 4/17/99
Final Passage: 4/17/99

* * * * *

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to revise the definition of "rooming house" and the regulations pertaining to such houses. (#23 3/13/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4041

AN ORDINANCE to amend and reordain Section 2-192 (ROOMINGHOUSE), under Section 2-100 (DEFINITIONS) of Article II (DEFINITIONS), and to amend and reordain Article VII (SUPPLEMENTAL ZONE REGULATIONS) by adding thereto a new Section 7-1900 (ROOMINGHOUSES), of the City of Alexandria Zoning Ordinance (TA NO. 98-0016).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 2-192 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Sec. 2-192 Roominghouse. A dwelling or portion thereof which contains guest rooms designed or intended to be used, let out of or hired for occupancy by, or which are occupied by three or more, but not exceeding nine individuals for compensation and in which meals may be provided. Existence of one or more of the following characteristics constitutes prima facie evidence that a dwelling is being used as a roominghouse: separate rental agreements for different roomers; separate entrances from the exterior for individual roomers; and typical common areas of a dwelling, such as the living room and dining room, being utilized as sleeping areas or not being available on an equal or common basis to all roomers. For regulations applicable to roominghouses, see Sections 7-1900 and 12-221.

Section 2. That Article VII of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new section 7-1900 to read as follows:

Sec. 7-1900 Roominghouses.

(A) Special use permit required. No roominghouse may be operated in the city unless a special use permit for the roominghouse has been approved by city council. All applications for a special use permit to operate a roominghouse shall be submitted to the director.

(B) The director’s recommendation. In formulating his recommendation on the special use permit application, the director, in addition to any other applicable factors, shall consider credible evidence derived from his investigation or from any other source as to the following factors:

(1) Whether the applicant has been convicted of a felony under the laws of any state or the United States, or has been convicted of any crime or offense involving moral turpitude, within the ten years next preceding the application, as determined by the Alexandria Police Department after a review to which the applicant shall consent.

(2) Whether the premises has adequate parking to accommodate the number of roomers requested.

(3) Whether the premises is so situated with respect to any residence or residential area that the operation of a roominghouse will adversely affect real property values or substantially interfere with the usual quietude and tranquility of such residence or residential area.

(C) Code compliance. Prior to formulating a recommendation, the director, together with the director of code enforcement, shall cause the proposed roominghouse to be inspected, and the director shall not recommend approval unless the proposed roominghouse is in compliance with all applicable provisions of law, including without limitation the Zoning Ordinance, the Uniform Statewide Building Code and the Fire Prevention Code.

(D) Minimum requirements for approved roominghouses. In addition to any other conditions which council may impose in granting a special use permit, every roominghouse shall comply with the following conditions:

(1) The operator, who shall be the owner of the premises, shall at all times reside at the subject premises; however, this condition may be waived or amended by city council for good cause if the roominghouse is located in the CD, CDX, OC, OCM, OCH, OR CRMU zone:

(2) Every sleeping room shall have a smoke detector, which shall be part of a hard wired smoke detector system.

(3) The operator of the roominghouse shall change bed linens and towels, if supplied by the operator, at least once each week and each time prior to the letting of any room to any occupant, and shall maintain all other supplied bedding in a clean and sanitary manner.

(4) The operator of the roominghouse shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and shall keep the roominghouse and all parts thereof, including the premises on which it is located, free of any accumulation of dirt, filth, rubbish and garbage, and effectively protected against vermin infestation.

(5) The operator of the roominghouse shall be responsible for the peace and good order of the premises, and shall at all times see that the premises does not become a public or common nuisance by reason, among others, of the congregation of disorderly persons, inebriates, or persons using or selling controlled substances.

(E) Annual inspections. On an annual basis, the directors of code enforcement and planning and zoning shall inspect the roominghouse to determine if the facility is in compliance with the conditions of the special use permit and conforms to the Uniform Statewide Building Code and the Fire Prevention Code.

(F) Additional hearing on the special use permit. If the director finds that there are violations of the special use permit, or if he finds conditions of the operation which have a negative impact on the community, and in either event he believes that additional conditions, suspension or revocation is warranted in order to alleviate the problem, then he shall cause the special use permit to be docketed for hearing before the planning commission and the city council for consideration of such issues.

Section 3. That Section 2-192 and Article VII of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 4. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 4/13/99
First Reading: 4/13/99
Publication: 4/14/99; 4/15/99
Public Hearing: 4/17/99
Second Reading: 4/17/99
Final Passage: 4/17/99

* * * * *

25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to allow day labor agencies to operate within the City only with a special use permit, and to require the abatement of existing day labor agencies. (#24 3/13/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

Chuck Carlton, 717 Pendleton Street, owner of ACE Temporaries, spoke against;

Robert Battle, attorney representing ACE Temporaries, spoke against; and

Sammie Jones, P.O. Box 90254, Washington, D.C., spoke against.

Members of City Council, City Attorney Sunderland, and Attorney Battle participated in a discussion on this item.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council deferred this to an appropriate time with the request that staff come back with some general standards and/or ground rules and to work with both of the owners of the temporary day labor agencies, Mr. Battle, attorney for Mr. Carlton, and the abutting neighbors in the residential neighborhoods. The public hearing was not closed. The voting was as follows:

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

26. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way at 1600 Prince Street for an awning. (#25 3/13/99) [ROLL-CALL VOTE]

The City Clerk read the docket item.

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

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

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

The ordinance finally passed reads as follows:

ORDINANCE NO. 4042

AN ORDINANCE authorizing the owner of the property at 1600 Prince Street to establish and maintain an encroachment into the public right-of-way of 1600 Prince Street in the City of Alexandria, Virginia.

WHEREAS, the 1600 Prince Street Condominium Association is the owner of the property located at 1600 Prince Street in the City of Alexandria, Virginia; and

WHEREAS, the owner desires to establish and maintain an awning which will encroach into the public right-of-way at 1600 Prince Street; and

WHEREAS, the public right-of-way at that point on 1600 Prince Street will not be significantly impaired by this encroachment; and

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

WHEREAS, it has been determined by the Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the 1600 Prince Street Condominium Association (hereinafter, “Owner”), be, and hereby is, authorized to establish and maintain an encroachment into the public right-of-way of 1600 Prince Street in the City of Alexandria, said encroachment consisting of one canvas awning supported by four metal posts, which awning shall be no more than approximately seven feet in width and 12 feet in length, shall project no more than approximately eight feet from the property line over the public sidewalk, and shall be erected to a height of no more than approximately eight feet above the sidewalk, until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on its part or on the part of its members or agents on account of or in connection with the encroachment and shall be subject to the provisions set forth below.

Section 2. That the authorization hereby granted to establish and maintain said encroachment shall be subject to and conditioned upon Owner maintaining, at all times and at its own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:

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

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

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

Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.

Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.

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

Section 6. That Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, 1981, as amended.

Section 7. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner or Owner, and shall not be liable to Owner or Owner for any loss or damage to the structure of the encroachment caused by the removal.

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

KERRY J. DONLEY
MAYOR

Introduction: 4/13/99
First Reading: 4/13/99
Publication: 4/14/99; 4/15/99
Public Hearing: 4/17/99
Second Reading: 4/17/99
Final Passage: 4/17/99

* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (27 - 38)

Planning Commission (continued)

27. DEVELOPMENT SPECIAL USE PERMIT #98-0011--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct office buildings with an increase in the floor area ratio, and to permit a second mechanical penthouse on a single building, and an off-site crown coverage modification; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney. (#16 3/13/99)

COMMISSION ACTION: Recommend Denial 5-2

NOTE: The Applicant requested that this be deferred to the
May 15, 1999 City Council Public Hearing Meeting.

28. SPECIAL USE PERMIT #98-0106--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for an office development; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney. (#17 3/13/99)

COMMISSION ACTION: Recommend Denial 5-2

NOTE: The Applicant requested that this be deferred to the
May 15, 1999 City Council Public Hearing Meeting.

(A copy of Mr. Rak's letter dated April 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 27 and 28; 4/17/99, and is incorporated herewith as part of this record by reference.)

29. SPECIAL USE PERMIT #98-0135--719 NORTH SAINT ASAPH STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Mei Ji Zheng, by Danny Parsons and David Agronsky.

COMMISSION ACTION: Noted the withdrawal (Applicant's Request)

30. SPECIAL USE PERMIT #98-0145--2400-B MOUNT VERNON AVENUE--RIVERA’S CAFE -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation of a restaurant; zoned CL/Commercial Low. Applicant: Rivera’s Cafe, by Maria C. Perez.

COMMISSION ACTION: Noted the withdrawal (Applicant's Request)

31. CDD CONCEPT PLAN #98-03--2201 EISENHOWER AVENUE--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for an amendment to the Coordinated Development District (CDD) Concept Plan for the Mill Race portion of the Eisenhower Avenue CDD. Applicant: Mill Two Associates Partnership and Zion Properties of New York, Inc., by Jonathan Rak, attorney.

COMMISSION ACTION: Deferred (Applicant’s Request)

32. DEVELOPMENT SPECIAL USE PERMIT #98-0020--2201 EISENHOWER AVENUE; MILL ROAD--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, for construction of a multi-family residential development with associated retail uses; zoned CDD-2/Coordinated Development District. Applicant: Mill Two Associates Partnership, by Jonathan Rak, attorney.

COMMISSION ACTION: Deferred (Applicant’s Request)

33. SPECIAL USE PERMIT #98-0118--2201 EISENHOWER AVENUE--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for the Mill Race development; zoned CDD-2/Coordinated Development District. Applicant: Mill Two Associates Partnership, by Jonathan Rak, attorney.

COMMISSION ACTION: Deferred (Applicant’s Request)

34. SPECIAL USE PERMIT #99-0013--516 SOUTH VAN DORN STREET, #E & #F--VAN DORN STATION CENTER--SAVIO’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CG/Commercial General. Applicant: Falaki Mziguir.

COMMISSION ACTION: Noted the deferral

35. SPECIAL USE PERMIT #99-0010--103 WEST MONROE AVENUE -- Public Hearing and Consideration of a request for a special use permit to allow a parking reduction for a new single-family dwelling, including site plan modifications for two separate lots; zoned R-5/Residential. Applicant: Mark R. Horowitz, by Gaver Nichols, architect.

COMMISSION ACTION: Deferred

36. MASTER PLAN AMENDMENT #99-0002--REZONING #99-0002--5401 SEMINARY ROAD--COCA-COLA -- Public Hearing and Consideration of a request for amendment to the Alexandria West Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and rezoning of the subject property to I/Industrial, with proffer; currently zoned R-20/ Residential. Applicant: Coca-Cola Enterprises, Inc., by Sarah E. Hall, attorney.

COMMISSION ACTION: Deferred (Applicant’s Request)

37. DEVELOPMENT SPECIAL USE PERMIT #98-0032--105 MONCURE DRIVE -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of an addition to an office building; zoned CL/Commercial Low. Applicant: Paul R. Spina, by Mark H. Fields, engineer.

COMMISSION ACTION: Deferred (Applicant’s Request)

38. VACATION #98-0003--105 MONCURE DRIVE -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CL/Commercial Low. Applicant: Paul R. Spina, by Mark H. Fields, engineer, and appointment of viewers for same.

COMMISSION ACTION: Deferred (Applicant’s Request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals and withdrawals.

* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, at 12:45 p.m., the Saturday, April 17, 1999 Public Hearing Meeting, was adjourned. The voting was as follows:

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

* * * * *

APPROVED BY:

__________________________________________
KERRY J. DONLEY MAYOR

ATTEST:

______________________________________________
Beverly I. Jett, CMC City Clerk

The meeting was adjourned at 12:45 p.m.

This docket is subject to change.

* * * * *

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

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

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