Back to FY Dockets


Public Hearing Meeting
Saturday, May 13, 2000 - - 9:30 a.m.


* * * * *

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

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, Acting City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner, Planning and Zoning; Mr. Jinks, Director of Financial and Information Technology Services; Mr. Baier, Director of Transportation and Environmental Services; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Mr. Neckel, Director of Finance; Fire Chief Hawkins; Deputy Police Chief Cook; and Lieutenant Dickinson, Police Department.

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

OPENING

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present with Councilman Cleveland arriving at 9:40 a.m. and Council Member Rich arriving at 9:45 a.m.

2. Public Discussion Period.

(a) Roland Gonzales, 4914 Gardner Drive, president, Cameron Station Civic Association, recommended to the City Council to consider reserving the portion of Brenman Park Drive within the Ben Brenman Park for pedestrian traffic only.

(A copy of Mr. Gonzales' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(a); 5/13/00, and is incorporated herewith as part of this record by reference.)

(b) Randal Joyner, 264 Murtha Street, board member, Cameron Station Civic Association, urged City Council to reserve the road in the middle of Ben Brenman Park for the use of pedestrians only, except for police surveillance, emergency and maintenance vehicles.




(A copy of Mr. Joyner's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(b); 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of the Park and Recreation Commission chair's letter dated April 24, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 2(a-b); 5/13/00, and is incorporated herewith as part of this record by reference.)

(c) Hugh Wetherald, 241 Murtha Street, pointed out that he cannot oppose the two-way road through Brenman Park because he has not seen traffic studies and other reports regarding the impact of not having such a road. He signified specifically the impact on the traffic patterns within Cameron Station for closing one of four ingress/egress points. He indicated he does favor as many speed controls as possible on this road as well as through Cameron Station, i.e., speed bumps, stop signs and low speed limits to protect pedestrians and children at play.

Members of Council participated in a dialogue with the issues raised by the three speakers and queried staff with respect to ingress/egress and the potential impacts of closing Brenman Park Drive and to public safety.

Director of Transportation and Environmental Services Director Baier, Police Deputy Chief Cook and Recreation, Parks and Cultural Activities Director Whitmore responded to questions.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 5-to-2, City Council directed staff to go forward with the plans as structured until May 31, 2001, at which time Council must explicitly agree to continue this. This will give us time to see how it's working and to identify the concerns and make any necessary changes. In the meantime, staff will also work to identify the traffic control measures to be installed. The voting was as follows:

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

Mayor Donley stated that the intent of Councilman Speck's motion is that Brenman Park Drive would open as a two-way street with the traffic measures. This would give Council time to assess it. Council would have to explicitly indicate that it wants to keep the road open to vehicular traffic by May 31, 2001.

(d) Elizabeth Wright, 113 South Ingram Street, co-chair, Wakefield-Tarleton Civic Association, addressed the multi-use trail bridge at Holmes Run connecting with Ben Brenman Park, and revealed that they have come to the consensus that they do like the idea of the pedestrian bridge; however, they like the idea of the bridge in the original proposed location. She queried at what point and what staff action did the bridge move from the planned location to the current location?

City Manager Sunderland stipulated that in mid-April 1999, was the time the changed decision was made.

Recreation, Parks and Cultural Activities Director Whitmore reported that there will be another meeting with the citizens in the Council Workroom on Tuesday, May 16, 2000, at 7:30 p.m.

Ms. Wright invited Members of Council to attend the meeting.

City Manager Sunderland voiced that we have to reach a conclusion on this. He asserted that staff has been very receptive in conveying information to the neighborhood and will continue to do that. He reiterated the following: Staff will meet with them to do everything it can to answer every question they have. Staff will do everything they can to convey the history of moving this bridge. Apart from that issue, there is a park opening on June 17. We would like this bridge to be up, connected and going by June 17. In order to do that, we need to get going and to face the second independent question, which is: Do we keep it in the current location; alter the design a little bit, which we can show you, work with the neighborhood to landscape it and to get as perfectly compatible and comfortable with them as we can and move ahead? Or, do we move the bridge? To move the bridge is a substantially additional expense, and we need to move ahead. He affirmed that staff will meet with the neighborhood and will address the questions on process and notice, plans and information, work on the landscaping and move ahead to construct it in the best way possible for the neighborhood in order to get it up and running by June 17.

(A copy of Ms. Wright's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(f); 5/13/00, and is incorporated herewith as part of this record by reference.)

(e) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-9)

Planning Commission

Without objection, City Council removed docket item nos. 4 and 6 from the action consent calendar and considered them under separate motions.

3. DEVELOPMENT SPECIAL USE PERMIT #2000-0013 -- 835 S PAYNE ST -- WASTEWATER FACILITY -- Public Hearing and Consideration of a request for a development special use permit amendment to the approved site plan for a wastewater treatment facility; zoned UT/Utilities and OCM-100/Office Commercial Medium. Applicant: Alexandria Sanitation Authority, by Glenn B. Harvey.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/13/00, and is incorporated herewith as part of this record by reference.)






5. SPECIAL USE PERMIT #2000-0046 -- 4622 KING ST -- CLAREMONT DELI -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned OCM-100/Office Commercial Medium. Applicant: Kumyung Choi.
(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/13/00, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #2000-0032 -- 3500 KING ST -- CIRCLE K STORES -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a service station with convenience store; zoned CG/Commercial General. Applicant: Circle K Stores Inc., by Suzanne Michaud, Mobil Oil Corporation.

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/13/00, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #2000-0042 -- 3201 DUKE ST -- HECHINGER COMMONS CENTER -- PANERA BREAD -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CG/Commercial General. Applicant: Saint Louis Bread Company Inc., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/13/00, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #2000-0044 -- 5311 DUKE ST -- MCDONALD'S RESTAURANT -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CG/Commercial General. Applicant: McDonald's Corporation, by M. Catharine Puskar, attorney.

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/13/00, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR









WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the action consent calendar as presented with the exception of docket item nos. 4 and 6, which were considered under separate motions. The recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

5. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

4. SPECIAL USE PERMIT #2000-0037 -- 702 N PATRICK ST -- Public Hearing and Consideration of a request for a special use permit to construct a single family dwelling with off-street parking reduction for one compact parking space; zoned RB/Residential. Applicant: Habitat for Humanity of Northern Virginia Inc., by Roger K. Bohr, engineer.

COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/13/00, and is incorporated herewith as part of this record by reference.)

John Delke, 702 North Patrick Street, representing Habitat For Humanity of Northern Virginia, was available to answer questions.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Rich and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation. The voting was as follows:

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







6. DEVELOPMENT SPECIAL USE PERMIT #2000-0011 -- 2-34 W GLEBE RD -- WEST GLEBE GATE TOWNHOUSES -- Public Hearing and Consideration of a request for an amendment to a development special use permit to remove a condition concerning paving material; zoned CSL/Commercial Service Low. Applicant: West Glebe Gate Venture, LLC, by William Lange. COMMISSION ACTION: Recommend approval 7-0

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/13/00, and is incorporated herewith as part of this record by reference.)

Robert Livingston, 7814 Ridgewood Drive, representing the applicant, was available to answer questions.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the Planning Commission recommendation. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. DEVELOPMENT SITE PLAN #99-0050 -- 2201 MILL ROAD -- JEFFERSON AT MILL ROAD APARTMENTS -- Public Hearing and Consideration of an appeal from a decision of the Planning Commission, on April 4, 2000, denying a request for a development site plan to construct a multi-family development at 2201 Mill Road, Zoned OCM/Office Commercial Medium. APPLICANT AND APPELLANT: JPI Apartment Development, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Denied 7-0

(A copy of the Planning Commission report dated April 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of Ms. Puskar's appeal letter dated April 14, 2000, together with exhibits, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 10; 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of the City Manager's memorandum dated May 9, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 5/13/00, and is incorporated herewith as part of this record by reference.)

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

Cathy Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, VA, attorney representing the applicant, spoke in support; and

Hugh McGee, 8330 Boone Boulevard, Vienna, VA, BMI traffic consultant for the applicant, spoke in support.

There was considerable dialogue amongst the Members of City Council, Planning Commissioner Wagner, Ms. Puskar, Acting City Attorney Pessoa, Transportation and Environmental Services Director Baier, and Planning and Zoning Director Lynn.

Mayor Donley suggested that staff report back to Council on what its recommendation would be relative to sufficient visitor parking and how it might be implemented as a matter of policy, or, at least, as a matter of policy consideration for staff when considering a site plan or a special use permit for development.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried on a vote of 4-to-3, City Council upheld the Planning Commission recommendation and denied the appeal. The voting was as follows:

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

11. SPECIAL USE PERMIT #99-0108 -- 2201 MILL RD -- JEFFERSON AT MILL ROAD APARTMENTS -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a multi-family development; zoned OCM-100/Office Commercial Medium. Applicant: JPI Apartment Development, by M. Catharine Puskar, attorney. (#18 4/15/00) COMMISSION ACTION: Recommend denial 7-0

(A copy of the Planning Commission report dated April 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/13/00, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation. The voting was as follows:

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












12. SPECIAL USE PERMIT #2000-0003 -- 1302 MT VERNON AV -- SOUTH CHINA RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for a change of ownership, increase in seating and off-street parking reduction for a restaurant; zoned CL/Commercial Low. Applicant: Wing Cheun Chan.
(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of the Del Ray Citizens Association letter dated May 11, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 5/13/00, and is incorporated herewith as part of this record by reference.)

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

Chee Ong, 6603 Desiree Court, representing the applicant, spoke in support of the request and asked that the sign on Luray Avenue be retained without the internal lighting;

Planning and Zoning Deputy Director Ross responded to questions with respect to the two signs on this building.

Bill Hendrickson, 212 East Spring Street, representing Del Ray Citizens Association, spoke in support and requested that the sign on Mount Vernon Avenue be consistent with the Mount Vernon Avenue Design Guidelines and indicated that they do no object to a sign on the side of the building so long as it is consistent with the Mount Vernon Avenue Design Guidelines as well; and

Daphne Ridgely, 307 East Luray Avenue, representing residents on East Luray Avenue, expressed concern about the brightly lit sign on Luray Avenue.

Mayor Donley confirmed that staff will be happy to work with Mr. Ong, representing the applicant, to give him very specific recommendations on how he can go about being in compliance with not only the Mount Vernon Avenue Design Guidelines, but also the appropriate condition in the special use permit.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation with the following amendment by striking the sentence within condition no. 18 which reads: "It shall not have a sign on the Luray Avenue frontage.", and replace it with: "Any sign on Luray Avenue has to be exactly the same as the one on the Mount Vernon Avenue side of the building." The voting was as follows:

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



13. SPECIAL USE PERMIT #2000-0033 -- 815 1/2 KING ST -- OLD TOWN THEATER -- Public Hearing and Consideration of a request for a special use permit to operate an amusement enterprise (theater for live performances) with a reduction of off-street parking; zoned CD/Commercial Downtown. Applicant: Old Town Theater Inc., by Mark Wilson Anderson.
(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/13/00, and is incorporated herewith as part of this record by reference.)

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

Mark Wilson Anderson, 815 1/2 King Street, representing the applicant, was available to answer questions; and

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, supported the application and the staff recommendation and requested that the parking subsidy remain at $1.

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Planning Commission recommendation which carries with it a $1 parking subsidy. The voting was as follows:

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

14. DEVELOPMENT SPECIAL USE PERMIT #99-0062 -- 5000-5020 EISENHOWER AV -- ALEXAN AT EISENHOWER -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of multi-family dwellings; zoned OCM-100/Office Commercial Medium. Applicant: Trammell Crow Residential, by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated May 11, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 14; 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of Ms. Beach's letter dated May 11, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 14; 5/13/00, and is incorporated herewith as part of this record by reference.)





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

Jonathan Rak, 11320 Random Hills Road, #600, attorney representing the applicant, presented the application and spoke in support;

Barbara P. Beach, 416 Prince Street, attorney representing Phillips Industrial Associates, Inc., spoke in support; and

Peter Crowley, 1414 Prince Street, Suite 400, land planner/landscape architect representing the applicant, gave an overview of the plans.

Mr. Crowley and Mr. Rak answered questions directed to them by the Members of City Council with respect to parking, in particular, visitors' parking.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Euille and carried on a vote of 5-to-2, City Council reversed the Planning Commission recommendation and granted the request subject to compliance with all applicable codes, ordinances and staff conditions, with the following amendment: "That the tandem parking spaces shall not be counted in the parking complement, and that additional spaces will be provided in the parking structure." The voting was as follows:

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

15. SPECIAL USE PERMIT #2000-0039 -- 1200 N FAYETTE ST -- NATIONAL CAR RENTAL -- Public Hearing and Consideration of a request for a special use permit for motor vehicle parking and storage for more than 20 vehicles and for light automobile repair; zoned OCM-50/Office Commercial Medium. Applicant: National Car Rental System Inc., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated May 4, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 5/13/00, and is incorporated herewith as part of this record by reference.

A copy of Mr. Tallmer's e-mail message dated May 10, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 5/13/00, 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 and requested that the lease be extended to 2010.

General discussion. Members of Council, Planning and Zoning Director Lynn and Mr. Blair participated in the discussion.

WHEREUPON, a motion was made by Councilman Cleveland to uphold the Planning Commission recommendation; which motion DIED for lack of a second.

THEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council reversed the Planning Commission recommendation and approved the special use permit subject to compliance with all applicable codes, ordinances and staff conditions, with an amendment to condition no. 23 which reads as follows: "23. The special use permit shall expire on May 13, 2010.", with the understanding that this date is an expiration, not a review. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review

16. CASE BAR-2000-0053 -- 200 DUKE STREET -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on April 5, 2000, denying a portion of request for approval of alterations to be made to the dwelling at 200 Duke Street, zoned RM Residential. APPLICANT: Robert B. Adams. APPELLANT: Anne M. Holic for Robert B. Adams, Architect.

(A copy of the Board of Architectural Review report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/13/00, and is incorporated herewith as part of this record by reference.)

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

Robert B. Adams, 405 South Washington Street, representing the applicant, spoke in support of the appeal;

Jim Fleming, 200 Duke Street, applicant, spoke in support of the appeal;

Lynn Neihardt, 825 South Fairfax Street, representing the Board of Architectural Review, spoke against the appeal and presented the BAR's reasoning for denying the application; and

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke in opposition to this appeal.

Mayor Donley and Councilman Speck spoke to the Board's decision with respect to this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council denied the appeal and upheld the decision of the Board of Architectural Review. The voting was as follows:

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


17. CASE BAR 2000-0019 -- 118 KING STREET -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on April 19, 2000, denying an ATM [Automated Teller Machine] on the building at 118 King Street, zoned CD Commercial. APPLICANT AND APPELLANT: Starwood Urban Retail VIII, LLC, by Duncan W. Blair, Attorney.

(A copy of the Board of Architectural Review's report is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/13/00, and is incorporated herewith as part of this record by reference.)

Mayor Donley stated that due to his employment with Virginia Commerce Bank, a banking institution operating in Alexandria, and since this application although not directly affecting his employer does impact its industry, he will abstain from participating in this matter due to a conflict of interest.

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

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

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke against the appeal;

Donald E. Strehle, 2104 North Kenmore Street, Arlington, VA, representing F&M Bank, Northern Virginia, spoke in support of the appeal;

Ronald W. Tydings, 9302 Lee Highway, Suite 1000, Fairfax, VA, representing F&M Bank, Northern Virginia, spoke in support of the appeal; and

Lynn Neihardt, 825 South Fairfax Street, representing the Board of Architectural Review, spoke against the appeal and presented the BAR's position for denying the application.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 4-to-1, City Council upheld the appeal that allows for the ATM to be there, with the understanding that it will be moved in a further four inches so that it is a foot inside creating something of its own vestibule appearance. The voting was as follows:

Speck "aye" Euille "aye"
Rich "aye" Cleveland out of room
Donley out of room Pepper "no"
Walker "aye"











ORDINANCES AND RESOLUTIONS

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to increase the E-911 telephone line charge to $.50 per line. (#19 5/9/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated May 2, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/13/00, 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 Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4132

AN ORDINANCE to amend and reordain Section 3-2-367 (TAX RATE AND LEVY) of Article U (ENHANCED EMERGENCY TELEPHONE SERVICE, E-911, TAX), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 3-2-367 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-367 Tax rate and levy.

There is hereby levied and imposed upon every purchaser of local telephone service a tax in the amount of 50¢ per telephone line per month. This tax shall be paid by the purchaser to the seller of the local telephone service that is provided to the purchaser, and shall be paid by the due date specified in the seller’s billing statement to the purchaser. The United States of America, the Commonwealth of Virginia, and the political subdivisions and boards, commissions and other instrumentalities thereof are exempted from the payment of the tax levied and imposed by this article.





Section 2. That this ordinance shall be deemed to be enacted on the date of its final passage, but shall not be effective until 120 days subsequent to the provision of written notice by certified mail from the city clerk to the registered agents of the seller telephone companies and other persons required to collect the taxes imposed by article U, chapter 2, title 3 of the city code.

KERRY J. DONLEY
Mayor

Introduction: 05/09/00
First Reading: 05/09/00
Publication: 05/11/00
Public Hearing 05/13/00
Second Reading: 05/13/00
Final Passage: 05/13/00
* * * * *

19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the meals sales tax regulations to conform to recent changes in state law. (#20 5/9/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 28, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/13/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Council Member Walker, seconded by Councilwoman Pepper and carried on a ROLL-CALL vote of 6-to-0, 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 out of room
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4133

AN ORDINANCE to amend and reordain Sections 3-2-241 (DEFINITIONS), Section 3-2-242 (AMOUNT AND LEVY OF TAX), Section 3-2-243 (COLLECTION OF TAX), Section 3-2-246 (EXEMPTIONS; LIMITATIONS ON APPLICATION), and Section 3-2-250 (PRESERVATION OF RECORDS), all of Article N (TAX ON MEALS SOLD BY RESTAURANTS), Chapter 2 (TAXATION), Title 3 (FINANCE, TAXATION AND PROCUREMENT) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That section 3-2-241 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-241 Definitions.

(1) Caterer. A person who furnishes food, beverages, or both, on the premises of another, for compensation.

(2) Meal. Any prepared food or beverage offered or held out for sale by a restaurant for the purpose of being consumed by any person to satisfy the appetite and which is ready for immediate consumption. All such food and beverage, unless otherwise specifically exempted or excluded herein shall be included, whether intended to be consumed on the seller’s premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of service. As used in this article “meal” shall include specifically, without limitation, the following:

(a) hot foods or hot food products ready for immediate consumption;

(b) sandwiches;

(c) salad bar items sold from a salad bar;

(d) prepackaged single-serving salads consisting primarily of an assortment of vegetables;

(e) beverages, including, without limitation, alcoholic beverages, not sold in factory sealed containers;

(f) alcoholic beverages sold in factory sealed containers and purchased for on-premises consumption; and

(g) food and beverages sold by caterers located in the city, whether consumed at a location inside or outside of the city.

(3) Person. Any individual, corporation, company, association, firm, co-partnership or any group of individuals acting as a unit.

(4) Purchaser. Any person who purchases a meal.

(5) Restaurant. Any place located in the city in or from which meals are sold, including but not limited to, drugstores, eating houses, public and private clubs, resorts, bars, lounges, cafeterias, cafes, snack bars, lunch counters, movie theaters, delicatessens, confectioneries, bakeries, grills, coffee shops, diners, dining rooms, eateries, ice cream and frozen yogurt shops, lunch wagons or trucks, pushcarts or other mobile facilities from which food is sold, caterers, and places of business commonly known as restaurants.

(6) Seller. Any person who sells a meal.




Section 2. That section 3-2-242 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-242 Amount and levy of tax.

There is hereby imposed and levied by the city, upon every purchaser of a meal, in addition to all other taxes, fees and charges of every kind now or hereafter imposed by law, a tax upon each and every meal sold in the city in or from a restaurant, whether prepared in the restaurant or not and whether consumed on the premises or not, based upon the amount charged the purchaser by the seller for the meal, at the rate of three percent (3%) of the total charge.

Section 3. That section 3-2-243 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-243 Collection of tax.

The tax, in each and every case, shall be collected by the seller from the purchaser at the time that the charge for the meal shall be due and payable, whether the payment shall be made in cash or on credit by means of a credit card or otherwise; provided, however, no blind person operating a vending stand or other business enterprise under the jurisdiction of the Department for the Visually Handicapped and located on property acquired and used by the United States for any military or naval purpose shall be required to collect and remit the tax. The seller shall separately state the amount of the tax and add the tax to the amount charged for the meal, and the tax shall be paid to the city for its use by the seller as hereinafter provided.

Section 4. That section 3-2-246 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:

Sec. 3-2-246 Exemptions; limitations on application.

The tax imposed under this article shall not be levied on the following:

(1) Meals furnished by restaurants to employees of the restaurant in the course of or in connection with their employment when no charge is made to the employees.

(2) Meals purchased with food coupons issued by the United States Department of Agriculture under the Food Stamp Program or drafts issued through the Virginia Special Supplemental Food Program for Women, Infants, and Children.

(3) Meals sold by public or nonprofit (a) day care centers, (b) elementary or secondary schools, or (c) colleges or universities, to their students or employees.

(4) Meals for use or consumption and which are paid for directly by the Commonwealth, any political subdivision of the Commonwealth or the United States.



(5) The following items, as more particularly described in the Food Stamp Act of 1977, 7 U.S.C. § 2012, as amended, and federal regulations adopted pursuant to that act:

(a) except as provided in subsection 3-2-241(2), any food or food product for home consumption;

(b) in the case of persons who are 60 years of age or over, persons who receive supplemental security income benefits, disabled persons, or blind persons, and their spouses, meals prepared by and served in senior citizens’ centers and other facilities which serve such persons;

(c) in the case of persons who are 60 years of age or over, persons who are physically or mentally handicapped or disabled, or persons who are otherwise so disabled they are unable adequately to prepare all of their meals, and their spouses, meals prepared for and delivered to such persons at their home by a public or private nonprofit organization or by a private establishment under contract with the appropriate government agency to perform such services;

(d) in the case of narcotics addicts or alcoholics, and their children, served by drug addiction or alcoholic treatment and rehabilitation programs, meals prepared and served under such programs;

(e) in the case of persons who are residents in certain public or private nonprofit group living arrangements, meals prepared and served under such arrangements;

(f) in the case of women and children temporarily residing in public or private nonprofit shelters for battered women and children, meals prepared and served by such shelters; and

(g) in the case of homeless persons, meals prepared for and served by a public or private nonprofit establishment (approved by an appropriate government agency) that feeds such persons or by a private establishment under contract with an appropriate government agency to offer meals for such persons.

(6) Alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption.

(7) Food and beverages sold through vending machines.

Section 5. That section 3-2-250 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained to read as follows:











Sec. 3-2-250 Preservation of records.

It shall be the duty of every person required by this article to pay to the city the taxes imposed by this article to keep and to preserve for a period of five (5) years records showing all purchases taxable under this article, the amount charged the purchaser for each purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. The director shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such person, for the purpose of administering and enforcing the provisions of this article and all of the provisions of section 2.02 of the city charter, and to make transcripts of all or any parts thereof.

Section 6. That this ordinance shall become effective on July 1, 2000.

KERRY J. DONLEY
Mayor


Introduction: 05/09/00
First Reading: 05/09/00
Publication: 05/11/00
Public Hearing 05/13/00
Second Reading: 05/13/00
Final Passage: 05/13/00
* * * * *

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to re-establish the Alexandria Task Force on AIDS as a permanent commission, to be known as The Alexandria Commission on HIV/AIDS. (#21 5/9/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated March 23, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/13/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4134

AN ORDINANCE to amend Chapter 4 (COMMITTEES, BOARDS AND COMMISSIONS), Title 2 (GENERAL GOVERNMENT), of The Code of the City of Alexandria, 1981, as amended, by adding thereto a new Article P (ALEXANDRIA COMMISSION ON HIV/AIDS).

WHEREAS, on May 12, 1987, city council established the Alexandria Task Force on AIDS to study and address the public health concerns related to acquired immune deficiency syndrome (“AIDS”) and the human immunodeficiency virus (“HIV”); and

WHEREAS, since its inception, the Task Force has served as an information resource on AIDS-related prevention and service issues, has provided city council with effective public policy recommendations pertaining to AIDS and HIV, and has fostered an ongoing, constructive dialogue among members of council, the city’s legislative delegation, city staff and the general public on issues related to AIDS and HIV; and

WHEREAS, city council has determined that the public interest would be served by the establishment of a permanent advisory body to assist council in addressing the continuing high rate of HIV infection among city residents and developing new strategies and programs for treating the disease and preventing its spread; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Chapter 4 of Title 2 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Article P, to read as follows:
Article P

ALEXANDRIA COMMISSION ON HIV/AIDS

Section 2-4-115 Creation, composition and organization.

(a) There is hereby established a commission known as the Alexandria Commission on HIV/AIDS ("commission").

(b) The commission shall consist of 27 members to be appointed by the city council. The composition of the commission shall be as follows:

(1) two members from and representing the Alexandria Hospital, one of whom shall be from the hospital’s department of pastoral services;

(2) one member from and representing the Whitman Walker Clinic;

(3) one member from and representing the Hospice of Northern Virginia;

(4) one member from and representing Hopkins House;

(5) one member from and representing the Alexandria Chapter, American Red Cross;

(6) one member from and representing the Alexandria Gay and Lesbian Community Association;

(7) one member from and representing the Northern Virginia AIDS Ministry;

(8) one member from and representing the Alexandria Ministerial/Interfaith Association;

(9) one member from and representing the INOVA Visiting Nurses Association Home Health;

(10) one member from and representing the City of Alexandria Public Schools;

(11) one member from and representing the Alexandria Public Health Advisory Commission;

(12) the sheriff, or the sheriff’s designee;

(13) one member from and representing the Alexandria Community Services Board;

(14) one member from and representing the Alexandria Human Rights Commission;

(15) one member from and representing the Alexandria Youth Policy Commission;

(16) one member from and representing the Alexandria Commission for Women;

(17) one member from and representing the Alexandria Redevelopment and Housing Authority;

(18) one member who is a practicing physician;

(19) one student who currently attends T.C. Williams High School; and

(20) seven citizens-at-large.

(c) Members of the commission shall be appointed in the manner prescribed in article A of this title; provided, that a member who, under subsection (b), is representing an organization shall be nominated by the organization and appointed by city council. Members shall serve for a term of three years; provided, however, that of the members first appointed, one-third shall be selected by lot to serve a term of one year, and one-third shall be selected by lot to serve a term of two years.






Sec. 2-4-116 Functions.

(a) The functions of the commission shall be as follows:

(1) to advise city council in the formulation and implementation of public policy on the treatment of AIDS and prevention of the spread of HIV, and to promote citizen participation in the formulation of such policy;

(2) to provide city council and the public with current information regarding AIDS and HIV, and to promote educational programs on AIDS/HIV awareness, treatment and prevention;

(3) to make an annual report to the city council which shall include a summary of the number of Alexandria residents who have been diagnosed with AIDS or HIV, and a description of the activities of the commission during the period covered by the report; and

(4) to perform such other duties or functions as assigned by city council.

(b) The commission shall hold at least six regular meetings each year, and as many special meetings as the commission may deem advisable.

(c) The commission is empowered to adopt rules regarding its internal operating procedures as long as the same are not inconsistent with the city code, including, but not limited to, the establishment of committees through which it may carry on its functions and purpose.

(d) A commission chair, vice-chair and secretary shall be elected annually by the commission members at the annual organizational meeting designated by the commission.

(e) The department of health and the office of citizen assistance shall provide administrative and logistical support to the commission and its chair.

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

KERRY J. DONLEY
Mayor

Introduction: 05/09/00
First Reading: 05/11/00
Publication: 05/11/00
Public Hearing 05/13/00
Second Reading: 05/13/00
Final Passage: 05/13/00
* * * * *

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize the Alexandria Police Department to donate unclaimed bicycles to charitable organizations. (#22 5/9/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 28, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 5/13/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4135

AN ORDINANCE to amend and reordain Section 4-1-16 (SALE OR USE OF PROPERTY NOT RETURNED), Article B (UNCLAIMED MONEY AND PROPERTY), Chapter 1 (POLICE PROTECTION), Title 4 (PUBLIC SAFETY) of The Code of the City of Alexandria, Virginia 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 4-1-16 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended and reordained to read as follows:

Sec. 4-1-16 Sale, donation or use of property not returned.

(a) All property received by the police department pursuant to section 4-1-11 of this code and (i) not returned to the rightful owner within the 60-day period prescribed in section 4-1-12 or, (ii) not returned, following that period, to a finder who has declared under section 4-1-11 that he or she wishes to assert a claim to the property, or (iii) disposed of in accordance with subsection (b) of this section, shall be disposed of by the chief of police, pursuant to the terms of an advertisement which, subsequent to the above-mentioned 60-day period, the chief shall cause to be inserted in a newspaper having general circulation in the city once a week for two successive weeks, which advertisement shall describe the property with reasonable certainty and shall state that, unless the property is claimed by the owner with satisfactory proof of ownership before a specified time and date, the property may, as the chief of police elects, be sold for cash at public auction to the highest bidder at a specified time and place, or be used by the police department in law enforcement operations or, if the property is a bicycle or moped, be donated to a charitable organization.

(b) Any bicycle or moped which has been in the possession of the police department and unclaimed for more than 60 days may, at the discretion of the chief, be disposed of by donation to a charitable organization. Prior to such donation and subsequent to the 60-day period required by this subsection, the chief shall cause an advertisement to be inserted once a week for two successive weeks in a newspaper having general circulation in the city. The advertisement shall describe the property with reasonable certainty and shall state that, unless the property is claimed by the owner, with satisfactory proof of ownership, before a specified time and date, the property may be donated to a charitable organization.

(c) Property advertised pursuant to subsection (a) but not claimed or bid on shall forthwith be reported to the city manager, who shall have the authority to use the property for the best interests of the city or order it destroyed.

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

KERRY J. DONLEY
Mayor

Introduction: 05/09/00
First Reading: 05/09/00
Publication: 05/11/00
Public Hearing 05/13/00
Second Reading: 05/13/00
Final Passage: 05/13/00
* * * * *

22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to approve and authorize the sale of the property owned by the City of Alexandria at 329 1/2 N. Henry Street, to Michael C. Landi. (#23(b) 5/9/00) [ROLL-CALL VOTE]

(A copy of the City Manager's memorandum dated April 21, 2000, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 5/13/00, and is incorporated herewith as part of this record by reference.)

The City Clerk read the docket item.

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

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:




ORDINANCE NO. 4136

AN ORDINANCE approving and authorizing the sale of property owned by the City of Alexandria, located at 329½ North Henry Street in the City of Alexandria, Virginia, to Michael C. Landi.

WHEREAS, the City of Alexandria owns the real property located at 329½ North Henry Street in Alexandria, Virginia; and

WHEREAS, the city manager has recommended the sale of this property for $36,101 to Michael C. Landi; and

WHEREAS, the city council is of the opinion that the city no longer needs this property, and that its sale, according to the terms and conditions of the Agreement for Sale and Rehabilitation between the City of Alexandria and Michael C. Landi (hereinafter, the “Agreement,” a copy of which is attached) will further the city’s policy to remove blight, and that its sale is in the public interest; and

WHEREAS, Michael C. Landi wishes to buy this property at the price and under the terms and conditions set forth below; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the sale of the real property described below to Michael C. Landi, for $36,101, and under the terms and conditions contained in the Agreement, which Agreement is hereby incorporated in this ordinance as if fully set forth herein, be, and the same hereby is, approved and authorized:



Section 2. That the city manager be and hereby is authorized, on behalf of the City of Alexandria, to do all things necessary and desirable to carry out the sale of the real property described in Section 1 in accordance with the terms and conditions of the Agreement, including, but not limited to, the execution and delivery of a deed and other appropriate documents.

Section 3. That the city clerk be and hereby is authorized to attest the execution of the deed and other necessary documents executed by the city manager pursuant to Section 2, and to affix thereon the official seal of the City of Alexandria, Virginia.

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

KERRY J. DONLEY
Mayor
Attachment: Agreement

Introduction: 05/09/00
First Reading: 05/09/00
Publication: 05/11/00
Public Hearing 05/13/00
Second Reading: 05/13/00
Final Passage: 05/13/00
* * * * *

Insert Agreeement-- Page 1


Page 2


Page 3



Page 4



Page 5



Page 6



Page 7



Page 8



Page 9



Page 10



Page 11



Page 12


Page 13


Page 14


Page 15


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (23-31)

Planning Commission (continued)

23. DEVELOPMENT SPECIAL USE PERMIT #2000-0015 -- 3100 N HAMPTON DR; KING ST; PARK CENTER DR -- PARK CENTER HOTEL -- Public Hearing and Consideration of a request for a development special use permit amendment, with site plan, to construct a hotel, with parking reduction and modifications; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Paramount Hotel Group, by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Noted deferral 7-0

24. SPECIAL USE PERMIT #2000-0040 -- 5001 SEMINARY RD, #103 -- SOUTHERN TOWERS, SHERWOOD BLDG -- HAPPY HOME CHILD LEARNING CENTER -- Public Hearing and Consideration of a request for a special use permit for expansion of a day care center; zoned RC/Residential. Applicant: Deborah L. Tillman.

COMMISSION ACTION: Noted deferral 7-0

25. TEXT AMENDMENT #2000-0001 -- RESIDENTIAL GROUP HOMES -- Public Hearing and Consideration of an amendment to Section 2-143 (C) of the Zoning Ordinance concerning residential group homes licensed by the State of Virginia Department of Social Services.

COMMISSION ACTION: Deferred 7-0

26. DEVELOPMENT SPECIAL USE PERMIT #2000-0007 -- 4109 DUKE ST -- CROWN SERVICE STATION -- Public Hearing and Consideration of a request for a development special use permit to renovate an automobile service station and add a convenience store kiosk; zoned CC/ Commercial. Applicant: Crown Stations Inc., by Carson Lee Fifer, Jr., attorney.

27. ENCROACHMENT #2000-0002 -- 4109 DUKE ST -- CROWN SERVICE STATION -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for structures; zoned CC/ Commercial. Applicant: Crown Stations Inc., by Carson Lee Fifer, Jr., attorney.

28. SPECIAL USE PERMIT #2000-0023 -- 120 N ROYAL ST -- Public Hearing and Consideration of a request for a special use permit to operate a health and athletic club with a reduction of off-street parking; zoned CD/Commercial Downtown. Applicant: TSI Old Towne, LLC, trading as Washington Sports Clubs, by J. Howard Middleton, Jr., attorney.


29. SPECIAL USE PERMIT #2000-0038 -- 683 N WASHINGTON ST -- STARBUCKS COFFEE CO -- Public Hearing and Consideration of a request for a special use permit for a restaurant with outdoor seating; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Starbucks Coffee Company, by M. Catharine Puskar, attorney.

30. SPECIAL USE PERMIT #2000-0043 -- 4580 DUKE ST -- MANGO MIKE'S RESTAURANT -- Public Hearing and Consideration of a special use permit review for a restaurant; zoned CG/Commercial General. Applicant: Alexandria Restaurants, by Michael Anderson.

31. MASTER PLAN AMENDMENT #2000-0004 -- TRANSPORTATION CHAPTER -- POTOMAC YARD -- Public Hearing and Consideration of an amendment to the Transportation Chapter of the City of Alexandria’s 1992 Master Plan to add a spine road in Potomac Yard.

COMMISSION ACTION: Deferred 7-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals.
* * * * *

New Business Item No. 1: Councilwoman Pepper requested that a notice be posted with respect to the May 16, 2000, meeting pertaining to the Holmes Run Bridge connecting Ben Brenman Park.
* * * * *






















THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried on a vote of 6-to-0, at 1:20 p.m., the Public Hearing Meeting of Saturday, May 13, 2000, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:



_____________________________________________
Beverly I. Jett, CMC City Clerk








The Meeting was adjourned at 1:20 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.
* * * * *

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.
* * * * *