Special Public Hearing Meeting
Saturday, March 21, 1992 - - 9:30 am
(in lieu of the Public Hearing Meeting of March 14, 1992)
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Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. O'Kane, Director of Transportation and Environmental Services; Mr. Lynn, Director of Planning and Community Development; Mr. Neckel, Director of Finance; Ms. Davis, Director of Housing; Ms. Gattsek, Division Chief, Office of Housing; Ms. Whiddon, Rehabilitation Loan Coordinator, Office of Housing; Mr. Leiberg, Urban Planner, Planning and Community Development; Fire Marshal Connor; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; and Sergeant Corle, Police Department.
Recorded by: Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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OPENING
The Meeting was called to order by Mayor Ticer, and the City Clerk called the Roll; all Members of City Council were present.
(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)
2. Public Discussion Period. (No more than 30 minutes) (This period is restricted to items not listed on the docket.)
(a) Judy Fraine, 1109 N. Gaillard Street, President of Seminary Hill Civic Association, stated she has also discussed the matter with North Ridge Citizens Association and they are in accord, spoke to Docket Item No. 20 on March 10, 1992, concerning the proposed City position on transportation projects for the Virginia Department of Transportation Preallocation Hearing. She spoke to #7 on the project list regarding the phrase "grade separation" at the intersection of Quaker Lane, King Street and Braddock Road. She indicated that nobody wants this grade separation because this is still a neighborhood intersection with trees, neighborhood businesses around it and it is in no way ever intended to be a commuter intersection with major traffic. The Episcopal High School doesn't want it. The Seminary doesn't want it. If there were a grade separation on Quaker Lane, one end of it would come up to the back of T.C. Williams. If there were an
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underpass on King Street, one end of it would come up in front of T.C. Williams. There is the issue of safety for the students at Episcopal High School, T. C. Williams and Minnie Howard. The only thing that happens when you separate the grade is that the traffic moves more easily and that equals faster, and faster means more difficulty for the young people as they move about the intersection. We haven't wanted it, we do not want it in the future and we do feel that it had to be presented because once it takes a form in VDOT's ledgers it will take on a life of its own and it will never die.
Ms. Fraine requested that the Council rediscuss just this one feature of the City's presentation to VDOT, Item #7, the intersection of Quaker Lane, King Street and Braddock Road, and remove grade separation from Council's consideration and from the State's consideration.
Mayor Ticer requested that staff bring back a recommendation for Tuesday night.
(b) Theodore H. Drews, 640 Timber Branch Parkway, spoke to a problem with the City's assessment of his primary automobile and his 2 additional "hobby" automobiles. He is unable to obtain decals for them because he is being told that he must pay personal property tax on a 4th "phantom" car which was totally stripped of its parts to be used on his "hobby" automobiles.
Mr. Neckel, Director of Finance, met with Mr. Drews to discuss his problem and will report back to Council of the outcome.
(c) Rod Kuckro, 209 E. Alexandria Avenue, President, Del Ray Citizens Association, spoke concerning the renewal of the franchise with Jones Intercable. He and Mr. Maslyn, President of Northeast Citizens Association, spoke at the CATV Commission meeting last week, and urge the City to engage in a very expansive and open examination of the renewal allowing for a formal proceeding for public hearings, feedback and full-range examination of other competing services that may be able to operate more efficiently.
Mayor Ticer suggested that the matter be referred to staff to come back with comments.
The City Attorney stated that he will get together with Ms. Boyd and they will come back with a report.
The City Manager suggested that after the budget deliberations that the Council have a work session with the Cable Commission, Jones Intercable and staff.
(d) John Chapman Gager, representing Friends of Homeless Animals and Old Town Yacht Basin Associates, spoke during this period.
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
3. Public Hearing on the Draft Comprehensive Housing Affordability Strategy (CHAS).
(A copy of the City Manager's memorandum dated 3/11/92, together with a copy of the draft report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 3; 3/21/92, and is incorporated herewith as part of this record by reference.
Copies of communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 3; 3/21/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
John Smucker, 108 N. Quaker Lane;
Helen Lewis, 413 Duke Street, representing the Alexandria Coalition for Affordable Housing; a copy of Ms. Lewis' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;
Bob Richard, 121 Duke Street, representing the Alexandria Chamber of Commerce, spoke in support and presented a statement dated 3/21/92, from Ms. Rosenthal, which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;
James Dullea, 3916 Terry Place, representing the Arlington/Alexandria Coalition for the Homeless, spoke in support with request to expand report to include appropriate role for non-profits;
James Hoben, 3306 Circle Hill Road, representing the Ad Hoc Task Force on Affordable Housing, spoke in support of CHAS and requested that the Task Force's report be reflected in the Alexandria CHAS;
Loyd LaMois, 15 W. Uhler Avenue, representing the Community Services Board; a copy of Mr. LaMois' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item; and
Pam St. Clair, 10 W. Linden Street, spoke in support and requested that the work of the Affordable Housing Task Force be made a part of the CHAS.
There was considerable discussion by the Members of City Council, the City Manager, Mr. Hoben, and Ms. Davis, Director of Housing.
Councilman Donley requested that a copy of the draft report of the Ad Hoc Task Force on Affordable Housing or at the bare minimum a summary of the draft report be attached to the CHAS and do indicate that these are recommendations from the Affordable Housing Task Force but they have not been officially acted upon by Council.
Mayor Ticer also suggested that the Affordable Housing Task Force Report be added to the draft CHAS and in the meantime she would like a response to those questions and concerns raised [most of which are in written form] in a timely manner before Council has its work session with the Affordable Housing Task Force so that we can further discuss it.
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Councilman Speck asked as the City is continuing to take on further review and look at this effort that we can introduce some measures of success in our efforts in housing to go beyond just the numbers; and that we establish other targets to achieve and at the risk of using some of the buzzwords that keep going around when you talk about empowerment and all of the other things that we are talking about. That is really what we are alluding to in some ways that we want to see people be in positions where they are achieving a degree of independence and productivity that makes them more than just residents of the units. He would like to see if we can broaden the discussion about our measures of success in these efforts to look beyond the unit numbers and the occupancy as part of the total review.)
WHEREUPON, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Councilwoman Pepper and carried on a vote of 5-to-0, City Council closed the public hearing on the Draft CHAS and scheduled Council consideration of the CHAS for April 28, 1992. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Pepper "aye" Rich out of room
Speck out of room
4. Public Hearing and Consideration of the City's Solid Waste Management Plan. (#13 3/10/92)
(A copy of the City Manager's memorandum dated 3/16/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/21/92, and is incorporated herewith as part of this record by reference.
A copy of the City Manager's memorandum dated 2/28/92, together with attachments, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 4; 3/21/92, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried on a vote of 4-to-0, City Council deferred the public hearing on the Solid Waste Plan to the April 25 public hearing and asked the Alexandria Environmental Policy Commission to provide City Council with its comments on the plan before the April 25 public hearing. The voting was as follows:
Pepper "aye" Cleveland out of room
Donley "aye" Jackson "aye"
Ticer "aye" Rich out of room
Speck out of room
5. Public Hearing and Consideration of Appeal of the December 16, 1991, Traffic and Parking Board Decision of a Request for Removal of Handicapped Parking Space in the 400 Block of East Windsor Avenue. (#12 3/10/92)
(A copy of the City Manager's memorandum dated 3/17/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/21/92, and is incorporated herewith as part of this record by reference.
A copy of a petition dated 3/17/92, withdrawing signatures from the original petition, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 5; 3/21/92, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on this item:
P.F. Mike Mikules, 420 E. Windsor Avenue, spoke in support of the handicapped parking space; and
Kenny Harrison, 418 E. Windsor Avenue, spoke in opposition.
Members of City Council and Mr. O'Kane, Director of Transportation and Environmental Services, participated in the discussion of this item.
Councilman Jackson stated for the record that he wouldn't have commented on this except the second speaker talked about the issue of the cane. He wanted to make it clear so that everyone knows the extent of the record that Council has before it letters from the Alexandria Hospital from Kenneth S. Rholl, M.D. (read letter), from Stephen P. Rosenfeld, M.D. (read letter), from Charles Gardner, M.D. (read letter), and from Robert T. Gaughan, M.D. (read letter). He just wanted to assure the second speaker that the matter of the cane is hardly an issue that would sway Council one way or another in view of the medical documentation that Mr. Mikules has provided. He just wanted to state that for the record.)
(Copies of the letters read by Councilman Jackson are on file in the office of the City Clerk and Clerk of Council marked collectively as part of Exhibit No. 1 of Item No. 5; 3/21/92, and are incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded simultaneously by Councilman Jackson, Council Member Rich, and Vice Mayor Cleveland and carried unanimously, City Council approved that Mr. Mikules be granted the handicapped parking sign with no limitations on it. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Ticer "aye"
Rich "aye" Donley "aye"
Speck "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
Planning Commission
6. SUP #2474-A - Public Hearing and Consideration of a review of the Special Use Permit for the existing palm reading business located at 3610 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Eada Mitchell, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/21/92, and is incorporated herewith as part of this record by reference.)
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(The following persons participated in the public hearing on this item:)
William C. Thomas, attorney for the applicant, stated that the owners of the property have offered the Del Ray Citizens Association additional landscaping on the property to include azaleas or whatever is proper and a tree. He requested that condition #4 be amended to read: "that signs be limited to one (1) free-standing or wall sign subject to review and approval by the Director of Planning and Community Development erected not closer than fifteen (15) feet from the property line."
WITHOUT OBJECTION, Council asked Mr. Kuckro, President of Del Ray Citizens Association, if they had any problem with amending condition #4. He indicated that they would not.
Mr. Lynn, Director of Planning and Community Development, answered questions asked by City Council.
Councilwoman Pepper stated for the record that with respect to the signage that this is not meant to be precedent setting.)
WHEREUPON, upon motion by Vice Mayor Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended condition #4 to read "That signs be limited to one (1) free-standing or wall sign subject to review and approval by the Director of Planning and Community Development erected not closer than fifteen (15) feet from the property line."; and added a condition #5 to read "To continue the one-year review of the special use permit." The voting was as follows:
Cleveland "aye" Donley "aye"
Pepper "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
7. SECTION 9.06, #92-01 - Public Hearing, 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. 1207 Cameron Street
b. 208 East Duncan Avenue
c. 3801 Edison Street
d. 3013 Hickory Street
e. 244 Lynhaven Avenue
f. 3753 Mark Drive
g. 1307 Prince Street
h. 1401 Princess Street
i. 56 Wesmond Drive
COMMISSION ACTION: Recommend Approval 5-1
(A copy of Planning Commission report dated 3/3/92, together with the City Manager's memorandum dated 2/19/92, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7; 3/21/92, 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.
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(General Discussion. Members of Council, Ms. Whiddon of the Office of Housing, and the City Manager participated in the discussion of this item.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council (1) approved the additions and deletions of the properties listed on page 3 of the City Manager's memorandum, to the currently approved list of blighting influences in the Potomac East Conservation and Southwest Quadrant Rehabilitation Districts 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 moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the nine Potomac East and Potomac West properties to be added to the list as listed above and on page 3 of the memorandum; 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. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
8. SUP #1590-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership and hours of operation of the existing restaurant with carry-out service located at 3838 Mount Vernon Avenue; zoned C-2, Commercial. Applicant: Nirun Vongpukkeaw.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/21/92, 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 Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
9. SUP #2005-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the existing restaurant with carry-out service located at 209 Madison Street; zoned I-2, Industrial. Applicant: Yeong Chan Lee and Yeong Lee.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/21/92, and is incorporated herewith as part of this record by reference.)
(Gene Cynn, 7010 Little River Turnpike, Annandale, attorney representing the applicants, was available to answer questions.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
10. SUP #2209-A - Public Hearing and Consideration of a request for a Special Use Permit to change the ownership of the existing restaurant with carry-out service located at 4900 Seminary Road, within the Mark Center Plaza One building; zoned C-2, Commercial. Applicant: S. K. Deli Inc., by Won Ki Hong.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/21/92, 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 simultaneously by Councilmen Donley and Jackson and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Cleveland "aye"
Jackson "aye" Rich "aye"
Speck "aye"
11. SUP #2367-A - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing automobile sales business to include automobile detailing, located at 26 South Dove Street; zoned I-1, Industrial. Applicant: Alexandria Auto Sales, by Kazem Mohaghech.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/21/92, 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 simultaneously by Vice Mayor Cleveland and Councilman Jackson and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Ticer "aye"
Cleveland "aye" Donley "aye"
Jackson "aye" Rich "aye"
Speck "aye"
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12. SUP #2491-A - Public Hearing and Consideration of a request for a Special Use Permit to amend certain conditions of the existing special use permit for the private school located at 2404 Russell Road; zoned R-12, Residential. Applicant: Alexandria Country Day School, by Thomas F. Farrell, II, attorney.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/21/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
Tom Farrell, 405 Hanson Lane, representing the applicant, spoke in support; and
Harlow T. Munson, 2415 Ridge Road Drive, representing North Ridge Citizens' Association, spoke in favor of this item.
Councilman Speck asked a question concerning condition #18.)
WHEREUPON, upon motion by Councilman Jackson, seconded simultaneously by Councilman Donley, Councilwoman Pepper and Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Conditions #6 and #18. The voting was as follows:
Jackson "aye" Cleveland "aye"
Donley "aye" Ticer "aye"
Pepper "aye" Rich "aye"
Speck "aye"
13. SUP #2493-B - Public Hearing and Consideration of a request for a Special Use Permit to amend conditions of the existing special use permit concerning live entertainment for the full-service restaurant located at 817 South Washington Street; zoned C-2, Commercial. Applicant: Alexandria Seafood House Inc., by Nile Sara, president.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/21/92, and is incorporated herewith as part of this record by reference.)
(Councilman Speck asked questions of the applicant concerning condition #16 with respect to striking the words "or country music". The applicant had no problem with that.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Speck and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #15 and added Condition #17, and struck the words "or country music" from Condition #16. The voting was as follows:
Pepper "aye" Cleveland "aye"
Speck "aye" Donley "aye"
Ticer "aye" Jackson "aye"
Rich "aye"
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14. SUP #2560 - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing gasoline service station by adding a carwash facility located at 5740 Edsall Road; zoned I-1, Industrial. Applicant: STAR Enterprise, by John F. Souser.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/21/92, 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 Councilman Jackson and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich out of room
Speck "aye"
15. SUP #2561 - Public Hearing and Consideration of a request for a Special Use Permit to operate a carry-out restaurant located at 2350 Duke Street; zoned I-1, Industrial. Applicant: Randall McKeen.
COMMISSION ACTION: Recommend Approval 6-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/21/92, 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 Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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16. SUP #2563 - Public Hearing and Consideration of a request for a Special Use Permit to operate a palm reading business located at 1024 King Street; zoned C-3, Commercial. Applicant: Eda Megel.
COMMISSION ACTION: Recommend Denial 5-1
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/21/92, and is incorporated herewith as part of this record by reference.
Copies of letters in support of the special use permit are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 16; 3/21/92, and is incorporated herewith as part of this record by reference.
A copy of a petition dated 3/21/92, against the special use permit, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 3/21/92, and is incorporated herewith as part of this record by reference.)
(The following persons participated in the public hearing on this item:
John T. Donelan, 125 S. Royal Street, attorney representing the applicant, spoke in support of the special use permit;
Jennifer Fourtes, 1022 King Street, spoke against the special use permit; and
Sister Sean Mayer, 1025 King Street, spoke against the special use permit.
WITHOUT OBJECTION, Ms. Megal responded to questions asked by her attorney regarding some of the testimony that was presented.
(Members of City Council participated in the discussion of this item.)
WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Vice Mayor Cleveland to deny the special use permit.
THEREUPON, a substitute motion was made by Councilman Speck and seconded by Council Member Rich that City Council deny the Planning Commission recommendation and approve the application with a one-year review.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 4-to-3, City Council allowed the substitute motion. The voting was as follows:
Speck "aye" Cleveland "no"
Rich "aye" Donley "aye"
Ticer "no" Jackson "aye"
Pepper "no"
THEREUPON, Council returned to the substitute motion made by Councilman Speck, seconded by Council Member Rich and carried on a vote of 4-to-3, City Council denied the Planning Commission recommendation and approved the application with a one-year review. The voting was as follows:
Speck "aye" Cleveland "no"
Rich "aye" Donley "aye"
Ticer "no" Jackson "aye"
Pepper "no"
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17. SUP #2564 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile repair garage for muffler repair and installation located at 450 South Pickett Street; zoned I-1, Industrial. Applicant: Midas International Inc., by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/21/92, and is incorporated herewith as part of this record by reference.)
(Bernard Fagelson, 1733 King Street, Suite 300, attorney representing the applicant, requested that the one-year review be removed, condition #8.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Donley and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and with deletion of Condition #8. The voting was as follows:
Pepper "aye" Cleveland "aye"
Donley "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
18. SUP #2565 - Public Hearing and Consideration of a request for a Special Use Permit to operate a vehicle towing service and impoundment lot located at 3203 Colvin Street; zoned I-1, Industrial. Applicant: Brock Summs--Summs Recover and Collections Inc./Alert Towing, by Tony A. Newton.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/21/92, 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 simultaneously by Councilman Donley and Vice Mayor Cleveland and carried on a vote of 6-to-0, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and amended Condition #13. The voting was as follows:
Pepper "aye" Ticer "aye"
Donley "aye" Jackson "aye"
Cleveland "aye" Rich "aye"
Speck out of room
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19. SUP #2566 - Public Hearing and Consideration of a request for a Special Use Permit to operate a full-service and carry-out restaurant located at 458 South Pickett Street; zoned I-1, Industrial. Applicant: Mediterranean Bakery Inc., by Sleiman A. Kysia.
COMMISSION ACTION: Recommend Approval 5-0
(A copy of the Planning Commission report dated 3/3/92, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/21/92, and is incorporated herewith as part of this record by reference.)
(Council asked questions of the applicant and staff.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried unanimously, City Council approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
ORDINANCES AND RESOLUTIONS
20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend and expand the definitions in the zoning code of parking areas and parking lots, and to require a special use permit for certain such areas and lots. (#25 3/10/92)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading. The voting was as follows:
Pepper "aye" Donley "aye"
Cleveland "aye" Jackson "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3561
AN ORDINANCE to amend Article A (GENERAL PROVISIONS) and Article B (USE, AREA, ETC., REGULATIONS GENERALLY) of Chapter 6 (ZONING), Title 7 (PLANNING AND DEVELOPMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended, by repealing subsection (61) (DEFINITION OF PARKING LOT) and adding a new subsection (57.02) (DEFINITION OF MOTOR VEHICLE PARKING OR STORAGE), both of Section 7-6-1 (DEFINITIONS), by amending and reordaining subsubsection (11) (STRUCTURED PARKING LOTS) and by repealing subsubsection (12) (SURFACE PARKING LOTS), both of subsection (a) (USES PERMITTED) of Section 7-6-23 (C-1 COMMERCIAL ZONE), and by amending and reordaining subsubsection (14) (PUBLIC GARAGES) of subsection (a) (USES PERMITTED) of Section 7-6-25 (C-2 COMMERCIAL ZONE).13
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (61) of Section 7-6-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.
Section 2. That Section 7-6-1 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended by adding thereto a new subsection (57.02) to read as follows:
(57.02) Motor vehicle parking or storage. Any land, building or structure where motor vehicles are parked or stored as a principal or accessory use, other than as required accessory off-street parking.
Section 3. That subsubsection (11) of subsection (a) of Section 7-6-23 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:
(a) Uses permitted.
(11) Motor vehicle parking or storage permitted only with approval of a special use permit as specified in sections 7-6-191 to 7-6-195 of this code.
Section 4. That subsubsection (12) of subsection (a) of Section 7-6-23 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is repealed.
Section 5. That subsubsection (14) of subsection (a) of Section 7-6-25 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:
(14) garages, public (special use permit required as specified in sections 7-6-191 to 7-6-195 of this code ).
Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.
Introduction: 3/10/92
First Reading: 3/10/92
Publication: 3/12/92; 3/13/92
Public Hearing: 3/21/92
Second Reading: 3/21/92
Final Passage: 3/21/92
21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the business license tax provisions of the city code to extend the tax to the retail sales of all firearms. (#26 3/10/92)
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
(Councilman Speck asked questions of Mr. Neckel, Director of Finance.)
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WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Jackson 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" Cleveland "aye"
Jackson "aye" Donley "aye"
Ticer "aye" Rich "aye"
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3562
AN ORDINANCE to amend and reordain subsection (61) of Section 9-1-75 (RETAIL MERCHANTS--GENERALLY), Article C (NONREGULATORY LICENSES), Chapter 1 (BUSINESS LICENSES), Title 9 (LICENSING AND REGULATION) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That subsection (61) of Section 9-1-75 of The Code of the City of Alexandria, Virginia, 1981, as amended, be and the same hereby is amended and reordained to read as follows:
(61) firearms, including any handgun, pistol, revolver, shotgun or rifle;
Section 2. That this ordinance shall become effective on its passage.
Introduction: 3/10/92
First Reading: 3/10/92
Publication: 3/12/92; 3/13/92
Public Hearing: 3/21/92
Second Reading: 3/21/92
Final Passage: 3/21/92
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
CONSENT CALENDAR 22 - 27
22. REZONING #92-01 - Public Hearing and Consideration of a request for a comprehensive change in zone classification from R-8, Residential, to I-1, Industrial/PUD, with proffers, for the double-lot property located at 85 South Early Street, containing approximately 45,719 square feet (1.05 acres) of land area. Applicant: Corinne M. Scott, property owner.
COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing
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23. TEXT AMENDMENT #92-05 - Public Hearing and Consideration of a text amendment to Article IV (Commercial Zones), Section 4-600 of the proposed new zoning code, establishing a new commercial zone known as CD-X, Commercial Downtown Zone, for Old Town North as recommended in the Old Town North Small Area Plan. Staff: Planning and Community Development, Comprehensive Planning Division.
COMMISSION ACTION: Deferred by Staff Prior to Hearing
Reason: Community wishes to meet.
24. TEXT AMENDMENT #92-06 - Public Hearing and Consideration of a text amendment to Article V (Mixed Use Zones), Section 5-600 of the proposed new zoning code, establishing a new mixed use zone known as CRMU-X, Commercial-Residential Mixed Use, for Old Town North as recommended in the Old Town North Small Area Plan. Staff: Planning and Community Development, Comprehensive Planning Division.
COMMISSION ACTION: Deferred by Staff Prior to Hearing
Reason: Community wishes to meet.
25. TEXT AMENDMENT #92-07 - Public Hearing and Consideration of a text amendment to Article VI (Special and Overlay Zones), Section 6-500 of the proposed new zoning code, establishing a special overlay zone known as the Urban Overlay District, for Old Town North as recommended in the Old Town North Small Area Plan. Staff: Planning and Community Development, Comprehensive Planning Division.
COMMISSION ACTION: Deferred by Staff Prior to Hearing
Reason: Community wishes to meet.
26. SUP #0300-B - Public Hearing and Consideration of a request for a Special Use Permit to expand the existing juvenile detention home located at 200 South Whiting Street; zoned RC, Residential. Applicant: Northern Virginia Juvenile Detention Home, by Joe Parks.
COMMISSION ACTION: Deferred by Applicant Prior to Hearing
Reason: To work with neighborhood association.
27. SUP #2562 - Public Hearing and Consideration of a request for a Special Use Permit to operate an automobile glass installation business located at 601 South Patrick Street; zoned I-1,1 Industrial. Applicant: Auto Accessories Co., Inc., by Patrick C. McCullough, president.
COMMISSION ACTION: Withdrawn by Applicant Prior to Hearing
END OF CONSENT CALENDAR
WHEREUPON, upon motion by Councilman Donley, seconded by Vice Mayor Cleveland and carried unanimously, City Council noted the deferrals and withdrawals. The voting was as follows:
Donley "aye" Jackson "aye"
Cleveland "aye" Pepper "aye"
Ticer "aye" Rich "aye"
Speck "aye"
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Donley, seconded simultaneously by Vice Mayor Cleveland and Council Member Rich and carried unanimously, at 12:37 p.m., the Special Public Hearing Meeting of Saturday, March 21, 1992, was adjourned. The voting was as follows:
Donley "aye" Ticer "aye"
Cleveland "aye" Jackson "aye"
Rich "aye" Pepper "aye"
Speck "aye"
APPROVED BY:
_____________________________
PATRICIA S. TICER MAYOR
ATTEST:
____________________________
Beverly I. Jett, CMC City Clerk
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This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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