Public Hearing Meeting
Saturday, November 15, 1997 - - 9:30 a.m.
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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.
Absent: None.
Also Present: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. Crabtree, Deputy Director of Transportation and Environmental Services; Mr. Gitajn, Director of Financial and Information Technology Services; Mr. Neckel, Director of Finance; Mrs. Godwin, Director of Management and Budget; Mr. Brannan, Assistant City Manager; Fire Chief Hawkins; Legislative Director Caton; Ms. Steele, Deputy City Manager; Ms. Ross, Deputy Director of Planning and Zoning; Mr. Schott, Director of General Services; Mr. O'Brien, Director of Library; Mr. Ransom, Special Assistant to the City Manager; Ms. Gattsek, Director of Office on Women; Mr. Eiffert, Director of Agency on Aging; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Ms. Johnson, Member of the Planning and Zoning Staff; City Engineer Bell; and Lieutenant Butler, Police Department.
Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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OPENING
The Meeting was called to order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.
2. Public Discussion Period.
(a) Ann Plamondon, 5332 Taney Avenue, representing Prevent a Litter Coalition, announced the new license plate for Virginia, which is called "The Animal Friendly License Plate." It costs $25 and when you purchase it, you make a $15 donation to the local Animal Shelter in the jurisdiction in which your vehicle is registered.
(b) Jack Hranicky, 511 North Armistead Street, representing the Alexandria Archeology Commission, spoke to the signage plan for the Alexandria Waterfront to make sure that people know that it is a public walkway. He stated that the Commission is in favor of the signage plan; however, the Commission would like to see bronze material used for the signs.
Council Member Walker stated that the Waterfront Committee is still working on this proposal. If people would like to give some feedback on the park signage, let the Waterfront Committee or Parks and Recreation know.
(c) John Chapman Gager spoke.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-6)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item No. 6 from the Consent Calendar and considered it under separate motion and with Docket Item No. 18.
3. SPECIAL USE PERMIT #97-0144 -- 3030 DUKE STREET -- Public Hearing and Consideration of a request for a special use permit for an automobile sales and rental business; zoned CG/Commercial General. Applicant: Gholam Reza Shaker.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 11/15/97, and is incorporated herewith as part of this record by reference.)
4. SPECIAL USE PERMIT #97-0148 -- 3518 WHEELER AVENUE -- Public Hearing and Consideration of a request for a special use permit for a temporary trailer; zoned POS/Public Open Space. Applicant: City of Alexandria, Fire Department, by Michael A. Conner, Deputy Chief.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 11/15/97, and is incorporated herewith as part of this record by reference.)
5. TEXT AMENDMENT #97-0011 -- MIXED USE DEVELOPMENT -- Public Hearing and Consideration of an amendment to Section 5-406(B) (CRMU-X Zone) of the Zoning Ordinance to permit an additional alternative mixed use development under a special use permit with no residential, extending the retail focus requirements of Section 6-503 to the entire project area, increasing the retail square footage required by 50% of the retail focus requirements, and regulating the project frontages. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 11/15/97, and is incorporated herewith as part of this record by reference.)
END OF ACTION CONSENT CALENDAR
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Action Consent Calendar with the exception of Docket Item No. 6, which was considered under separate motion. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
4. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
5. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
END OF ACTION CONSENT CALENDAR
The voting was as follows:
Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
WITHOUT OBJECTION, City Council considered Docket Item Nos. 6 and 18 together.
6. SPECIAL USE PERMIT #97-0122 -- 3646 KING STREET -- BRADLEE SHOPPING CENTER -- MCDONALD’S RESTAURANT -- Public Hearing and Consideration of a request for a special use permit, with site plan, for construction of a restaurant with drive-through facility, and request for waiver of the loading requirement; zoned CG/Commercial General. Applicant: McDonald’s Corporation, by Nan E. Terpak, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 11/15/97, and is incorporated herewith as part of this record by reference.)
18. SPECIAL USE PERMIT #97-0131 -- 3646 & 3680 KING STREET -- BRADLEE SHOPPING CENTER -- MCDONALD’S RESTAURANT -- Public Hearing and Consideration of a request for amendment to a special use permit for a coordinated sign program for the Bradlee Center to add signage for McDonald’s restaurant signs; zoned CG/Commercial General. Applicant: McDonald’s Corporation, by Nan E. Terpak, attorney, and Washington Real Estate Investment Trust (WREIT), by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of the applicant's revised condition #7 is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 18; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Julie Crenshaw, 816 Queen Street, spoke against; and
Nan Terpak, 2200 Clarendon Boulevard, 13th floor, Arlington, VA, attorney representing the applicant, spoke in support of these applications and to an amended condition #7 for Item No. 18.
Members of City Council, Planning and Zoning Director Lynn, and Attorney Terpak participated in a discussion on these items.
Councilman Speck requested staff to really try as much as possible to insure that there is phasing of this construction, maintaining the maximum number of parking spaces, as well as the issue that was discussed before about trying to create an employee parking program off site.
6. WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "aye"
18. WHEREUPON, upon motion by Council Member Walker, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to all applicable codes, ordinances and staff recommendations, with the amended condition #8, and substitute condition #7 which has been submitted by the applicant regarding a freestanding sign which reads as follows: "7. One additional freestanding pylon sign for the freestanding restaurant shall be permitted in addition to the two pylon signs that have already been approved for the site. The new freestanding pylon sign shall be 49.9 square feet in area and shall not exceed 18.75 feet in height. The new freestanding pylon sign shall have a design compatible with the two pylon signs that have already been approved for the site. The approved pylon for the site located closest to the restaurant shall be moved to the west in order to accommodate the additional restaurant pylon sign." The voting is as follows:
Walker "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Speck "no"
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
7. Public Hearing on and Consideration on Report on the Naming of City Facilities. (#20 9/23/97)
(A copy of the Assistant City Manager's memorandum dated September 29, 1997, together with the City Manager's memorandum dated September 18, 1997, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 7; 11/15/97, and is incorporated herewith as part of this record by reference.
Communications received on 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. 7; 11/15/97, and is incorporated herewith as part of this record by reference.)
Councilwoman Pepper read a letter from Congressman James P. Moran with respect to this item; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item.
Vice Mayor Euille and Councilman Speck noted that this public hearing was about the process to name public facilities, not the naming of specific facilities; therefore, the speakers were requested to be germane to the specific item that is before the City Council.
The following persons participated in the public hearing on this item:
William E. O'Neill, 2317 North Early Street, representing residents of North Early Street;
Converse West, 200 North Pickett Street, chairman, Holmes Run Park Committee;
James Cisco, 205 Yoakum Parkway, #207, representing Watergate at Landmark;
John H. Sullivan, 4300 Ivanhoe Place;
Nell Vetter, 922 Juniper Place, representing Seminary Hill Association;
Jack Hranicky, 511 North Armistead Street, chairman, Alexandria Archeology Commission;
Lois Van Valkenburgh, 3512 Halcyon Drive, chair, Commission on Aging;
Joanne Tomasello, 511 North Pickett Street;
Dirck A. Hargraves, representing the Alexandria Branch of the NAACP;
Katy Cannady, 24 East Linden Street;
Charles Huettner, 218 South Fayette Street, representing Old Town Civic Association;
Marilyn Doherty, 12 West Mount Ida Avenue, representing the Alexandria League of Women Voters; a copy of Ms. Doherty's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;
Melvin Bergheim, 4905 Maury Lane;
Dick Hobson, 99 North Quaker Lane; and
Mollie Abraham, 5100 Taney Avenue, chair, Commission For Women.
City Council concluded the public hearing on this item. City Council requested the Mayor to appoint a committee of two members of Council to work with staff to draft a policy and bring it back to City Council as soon as possible.
Mayor Donley stated some guidance to the committee would include qualifications such as a significant contribution to the civic, cultural or historical aspects of Alexandria whose service was inspirational to our citizens and can be and should be inspirational to the young people of our City; that we should maintain flexibility between persons living and deceased; facilities in the Old and Historic District probably need to have some tie to historic preservation and historic contribution; and in the naming of these facilities that we should be very public in doing so, i.e., be it a plaque, sign, public ceremony, because the element of not only the person, if he or she may be alive, is sharing in that recognition, but it also is a way for us as a community in a very public way to come together and say thank you. He indicated that these particular elements need to be crafted into this policy.
Councilwoman Pepper indicated that she would like to serve on that committee, if possible.
Vice Mayor Euille noted that consideration should be inclusive of all races, sex and occupations; do not substitute names for already existing named facilities; and have flexibility for naming rooms and areas of existing facilities or additions for people.
Mayor Donley stated that the Committee could also look at a process on how we would implement that policy.
Councilman Speck asked the speakers on this item to think about, and they might communicate them to Council, how do we deal with the issue of people, of either current or recent times, who have sort of slipped by but have prominence in this community in a variety of ways, and how we might look back at both recent history, if not, current history and not forget others who have been important to this community and who just may not happen to have an advocate at the moment?
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8. Public Hearing on and Consideration of the 1998 City of Alexandria Legislative Package. (#15 10/28/97)
(A copy of the City Manager's memorandum dated October 23, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 11/15/97, and is incorporated herewith as part of this record by reference.
A poster of photographs depicting last year's gas explosion at 802 Green Street is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 11/15/97, and is incorporated herewith as part of this record by reference.
Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 8; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Dick Hobson, 99 North Quaker Lane, spoke to the proposed legislative package;
Debbie Ludington, co-director, Alexandria Adult Day Health Care Center; a copy of Ms. Ludington's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;
Hollis Wickman, 822 Green Street, representing Hunting Creek Association, spoke to legislation on public utilities;
Eva Poling, 913 South Alfred Street, representing Hunting Creek Association, spoke to legislation on public utilities;
Lynn Jordan, co-chair, Commission For Women, spoke to stalking legislation and gender equity for part-time employees;
Eric Wagner, 810 South Fairfax Street, spoke to legislation on public utilities;
Zack McNamara, 815 South Columbus Street, spoke to legislation on public utilities;
John D. Kling, II, 700 North Fairfax Street, representing the Alexandria Public Health Advisory Commission, spoke in support of funds for renovation of the Health Department, and Hepatitis B funding;
Kevin Schneid, 818 Green Street, spoke to legislation on public utilities;
Connie McVenna, representing Commission on Aging, read prepared testimony of Lois Van Valkenburgh for the Commission on Aging; a copy of which is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;
William Capers, 311 Wolfe Street, representing the Virginia Coalition for the Homeless; a copy of Mr. Capers' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;
Mark Ingrao, 6801 Industrial Road, Springfield, VA, representing Washington Gas;
Marilyn Doherty, 12 West Mount Ida Avenue, representing the Alexandria League of Women Voters; a copy of Ms. Doherty's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;
Geraldine Doon, 2920 Richmond Lane, chair, Community Services Board, spoke to HJR 240 and other legislation pertaining to the CSB, and funding for Hepatitis B;
Mantill Williams, 1420 West Abingdon Drive, #310, representing the Alexandria Chamber of Commerce, spoke in support of funding for Small Business Development Center; and
Robert C. Eiffert, 110 Adams Avenue, representing Virginia Association of Area Agencies on Aging, spoke to including adult care facilities with respect to state inspections.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council closed the public hearing. City Council will have a work session with the City's Legislative Delegation on Tuesday, December 9. City Council will adopt the legislative package on December 9, and consider the additional comments that have come forward today by members of the public. The voting was as follows:
Euille "aye" Cleveland "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich out of room
Speck "aye"
9. Public Hearing on and Consideration of City of Alexandria Political Sign Regulations. (Councilman Speck) (#18 6/14/97)
(A copy of the City Clerk's memorandum dated October 7, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of the Director of Planning and Zoning's memorandum dated June 1, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 9; 11/15/97, and is incorporated herewith as part of this record by reference.
Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 9; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Pat Butler, 400 Woodland Terrace;
Michael Hobbs, 419 Cameron Street; a copy of Mr. Hobbs' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;
Katy Cannady, 24 East Linden Street;
Charles H. Huettner, 218 South Fayette Street;
Marilyn Doherty, 12 West Mount Ida Avenue, representing the Alexandria League of Women Voters; a copy of Ms. Doherty's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item; and
Ken Wolfe, 610 Madison Street, #202, representing the Alexandria Republican City Committee.
General Discussion. Members of Council participated in the discussion.
WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Walker and carried on a vote of 5-to-2, City Council requested the City Attorney to prepare a text amendment that prohibits all signs in the public rights-of-way. The voting was as follows:
Speck "aye" Euille "aye"
Walker "aye" Cleveland "no"
Donley "aye" Pepper "no"
Rich "aye"
10. Public Hearing on and Consideration of the City of Alexandria 1997 Annual Report. (#8 10/14/97)
(A copy of the City Manager's memorandum dated October 3, 1997, together with the Annual Report, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 10; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Jack Hranicky, 511 North Armistead Street, chairman, Alexandria Archeology Commission, stated that he felt that the report should be mailed in an envelope; and
Marilyn Doherty, 12 West Mount Ida Avenue, representing the Alexandria League of Women Voters spoke; a copy of Ms. Doherty's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of this item.
Council Member Rich suggested that this might be an appropriate time to discuss a local income tax. Members of Council participated in the discussion.
Mayor Donley suggested that the City needs to build a coalition of other urban areas and municipalities with respect to replacement revenues for no car tax.
Legislative Director Caton was requested to get what items will be discussed at the Virginia Municipal League regional meeting on January 5. He will continue to provide Council with information on this issue.
City Manager Lawson will distribute to BFAAC the chart that staff provided Council with regard to the cost implications of various alternative tax remedies, along with the old report from the Revenue Resources Committee, and any other material that Legislative Director Caton gets by the time they meet. She will ask BFAAC to hold a special meeting to discuss this issue.
City Council held and closed the public hearing on this item.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
11. MASTER PLAN AMENDMENT #97-0006 -- REZONING #97-0006 -- 134 NORTH PAYNE STREET -- Public Hearing and Consideration of a request for an amendment to the Braddock Road Metro Station Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from RM/Residential Medium to CD/Commercial Downtown and to change the zoning designation from RB/Residential to CD/Commercial Downtown. Applicant: Michele J. Boggs.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of Michelle J. Boggs' letter dated November 13, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 11; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of the Planning and Zoning Director's memorandum dated November 13, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 11; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of Council Member Rich's Transactional Disclosure Statement dated November 15, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 11; 11/15/97, and is incorporated herewith as part of this record by reference.)
Council Member Rich recused himself and did not participate in the discussion of or vote on this item because he represents the business of the applicant that would lease the rezoned property.
Council Member Walker requested staff to review the current requirements that we have for allowing small businesses in homes, and what we might want to allow in the future. She would like to discuss this with the Chamber of Commerce and our Economic Development Office.
Deputy Director of Planning and Zoning Ross responded to her concern.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council deferred the public hearing on this item until the Saturday, December 13, 1997 public hearing meeting. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich did not vote
Donley "aye" Speck "aye"
Walker "aye"
12. SPECIAL USE PERMIT #97-0128 -- 1107, 1109, 1111 PRINCESS STREET -- HABITAT FOR HUMANITY -- Public Hearing and Consideration of a request for an amendment to an approved special use permit for the construction of three townhouses to allow a reduction in off-street parking; zoned RB/Residential. Applicant: Habitat for Humanity of Northern Virginia Inc., by Christopher Regan.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 11/15/97, and is incorporated herewith as part of this record by reference.)
Elizabeth Wilcox, 11320 Random Hills Road, Fairfax, VA, representing Habitat for Humanity of Northern Virginia, was present to answer questions.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the amendment, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
13. SPECIAL USE PERMIT #97-0126 -- 1225 POWHATAN STREET; 1222 PORTNER ROAD -- DIXIE PIG RESTAURANT SITE -- Public Hearing and Consideration of a request for a special use permit to change the ownership of a nonconforming restaurant; zoned RB/Residential. Applicant: Top Flight Services, Inc., by Cathy Kane.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Duncan W. Blair, P. O. Box 820, attorney representing the applicant, spoke in support, and agreed to the annual review, and suggested that condition #19 be amended; and
Poul Hertel, 1217 Michigan Court, representing Northeast Civic Association, spoke in support of the application and the annual review.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the amended conditions #1, 2 and the added condition #21, and amended condition #20 to read: "#20. To require the Director of Planning and Zoning to annually review this particular application."; and requested that the language for condition #19 be massaged by staff so that it is not so specific to Takeout Taxi, but comports to the intent of the agreement between the applicant and the civic association. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
14. SPECIAL USE PERMIT #97-0130 -- 1217 FIRST STREET -- ALEXANDRIA AUTO REPAIR -- Public Hearing and Consideration of a review and revocation of a special use permit for an automobile repair garage; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Alexandria Auto Repair, by Mohammad Arif Sattar.
COMMISSION ACTION: Recommend Revocation 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Nasir Kashmiri, 48 West Taylor Run Parkway, representing the applicant, spoke against the revocation; and
Mohammad Arif Sattar, applicant, spoke against the revocation.
General Discussion. Members of City Council and Fire Chief Hawkins participated in the discussion.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, City Council upheld the decision of the Planning Commission and revoked the special use permit. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck "aye"
15. TEXT AMENDMENT #97-0010 -- TWO-FAMILY STRUCTURE ON CORNER LOTS -- Public Hearing and Consideration of an amendment to Section 3-505(A) (Lot Requirements) of the Zoning Ordinance to clarify that 6,500 square feet of lot area is required to develop a two-family structure on a corner lot in the R-2-5/Single and two-family zone. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Deborah Hughes-Olving, 2304 Commonwealth Avenue, representing local neighbors, spoke in support; and
Marc Gordon, 5718 Anola Court, Springfield, VA, spoke in opposition.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the text amendment. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
16. SPECIAL USE PERMIT #97-0133 -- 1 EAST OXFORD AVENUE -- Public Hearing and Consideration of a request for a special use permit, with site plan and subdivision, to construct three residential units with a parking reduction and modifications to yards and frontage on the southeast corner of Commonwealth Avenue and East Oxford Avenue; zoned R-2-5/Residential. Applicant: Marc Gordon, by Gaver Nichols, architect.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 11/15/97, and is incorporated herewith as part of this record by reference.
Communications received on 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. 16; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following persons participated in the public hearing on this item:
Deborah Hughes-Olving, 2304 Commonwealth Avenue, spoke in support of the Planning Commission recommendation;
Gaver Nichols, 319 East Monroe Avenue, architect representing the applicant, spoke in support of the application;
Marc Gordon, 5718 Anola Court, Springfield, VA, applicant, spoke in support of the application;
Janet McCubbin, 8 West Wyatt Avenue, spoke in support of the Planning Commission recommendation; and
Stephen Jordan, 8 West Wyatt Avenue, spoke in support of the Planning Commission recommendation.
Members of City Council and Planning and Zoning Director Lynn participated in a discussion on this item.
WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 4-to-3, City Council upheld the decision of the Planning Commission and denied the proposal. The voting was as follows:
Rich "aye" Euille "no"
Pepper "aye" Cleveland "no"
Donley "aye" Speck "aye"
Walker "no"
17. MASTER PLAN AMENDMENT #97-0007 -- 2201 EISENHOWER AVENUE & MILL ROAD -- MILL RACE -- OLD TOWN COMMONS -- Public Hearing and Consideration of a request for an amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the Coordinated Development District guidelines for the Eisenhower Avenue CDD. Applicant: Old Town Development Company, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission recommendation dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 11/15/97, and is incorporated herewith as part of this record by reference.)
Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the proposed master plan amendment, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:
Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"
19. SPECIAL USE PERMIT #97-0141 -- 3841 ELBERT AVENUE -- Public Hearing and Consideration of a request for a special use permit to allow more than four unrelated individuals in a single-family house; zoned RB/Residential. Applicant: Mladen D. Novak.
COMMISSION ACTION: Recommend Denial 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 11/15/97, and is incorporated herewith as part of this record by reference.)
The following person participated in the public hearing on this item:
Matthew Murguia, 3907 Elbert Avenue, representing himself and thirty-six other petitioners, spoke in opposition.
WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council upheld the recommendation of the Planning Commission and denied the request. The voting was as follows:
Euille "aye" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"
WITHOUT OBJECTION, City Council considered Docket Item Nos. 20 and 21 together and under one motion.
20. REZONING #97-0007 -- 5005 & 5019 DUKE STREET -- CENTRAL LIBRARY --Public Hearing and Consideration of a request for an amendment to the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to change the zoning designation of 5019 Duke Street and a portion of 5005 Duke Street from POS/Public Open Space to CG/Commercial General, with proffer limiting development to the library development plan. Applicant: City of Alexandria, Department of General Services.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 11/15/97, and is incorporated herewith as part of this record by reference.)
21. SPECIAL USE PERMIT #97-0134 -- 5005 DUKE STREET -- CENTRAL LIBRARY -- Public Hearing and Consideration of a request for a special use permit, with site plan and subdivision, and parking reduction, for construction of a library; zoned CG/Commercial General and POS/Public Open Space (rezoning pending). Applicant: City of Alexandria, Department of General Services.
COMMISSION ACTION: Recommend Approval 7-0
(A copy of the Planning Commission report dated November 6, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 11/15/97, and is incorporated herewith as part of this record by reference.)
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried on a vote of 6-to-0, City Council took the following actions:
20. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations.
21. City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and the staff recommendations. The voting was as follows:
Pepper "aye" Euille "aye"
Walker "aye" Cleveland "aye"
Donley "aye" Rich "aye"
Speck out of room
ORDINANCES AND RESOLUTIONS
22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by increasing the fine for violating the code's prohibition against parking on public rights-of-ways during snow emergencies. (#15 11/11/97) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 11/15/97, 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 5-to-1, 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 "no"
Donley "aye" Rich out of room
Speck "aye"
The ordinance reads as follows:
ORDINANCE NO. 3964
AN ORDINANCE to amend and reordain Section 5-8-137 (PENALTIES FOR VIOLATION OF ARTICLE) of Article H (SNOW AND BAD WEATHER REGULATIONS), Chapter 8 (PARKING AND TRAFFIC REGULATIONS), Title 5 (TRANSPORTATION AND ENVIRONMENTAL SERVICES) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Section 5-8-137 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended and reordained, to read as follows:
Sec. 5-8-137 Penalties for violation of article.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding $50.
Section 2. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 11/11/97
First Reading: 11/11/97
Publication: 11/12/97; 11/13/97
Public Hearing: 11/15/97
Second Reading 11/15/97
Final Passage: 11/15/97
* * * * *
23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code to require a person who drives while intoxicated and causes an accident to reimburse the city for up to $1,000 of its emergency response expenses. (#16 11/11/97) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 11/15/97, 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 Councilman Cleveland, 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:
Cleveland "aye" Euille "aye"
Walker "aye" Pepper "aye"
Donley "aye" Rich out of room
Speck "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3965
AN ORDINANCE to add a new section 10-3-14 (REIMBURSEMENT OF EXPENSES INCURRED IN RESPONDING TO DUI INCIDENT) and a new section 10-3-15 (MAIMING, ETC., OF ANOTHER RESULTING FROM DRIVING WHILE INTOXICATED) to Article A (GENERAL PROVISIONS), Chapter 3 (OPERATION OF MOTOR VEHICLES), Title 10 (MOTOR VEHICLES AND TRAFFIC) of The Code of the City of Alexandria, Virginia, 1981, as amended.
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Chapter 3 of Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by adding a new Section 10-3-14, to read as follows:
Sec. 10-3-14 Reimbursement of expenses incurred in responding to DUI incident.
(a) If a person is convicted of a violation of section 10-3-15 or section 10-3-266 of this code, or of section 18.2-51.4 or 18.2-266 of the Virginia Code, all of which relate to driving while intoxicated, and the person's operation of a motor vehicle while intoxicated is the proximate cause of an accident or incident resulting in an appropriate emergency response by the city, such person shall be liable to the city in a separate civil action for the expenses actually incurred in providing the emergency response; provided, that the amount of liability shall not exceed $1,000 for any one accident or incident.
(b) As used in this section, "appropriate emergency response" includes, but is not limited to, the provision of law-enforcement, fire-fighting, rescue and emergency medical services.
(c) The provisions of this section shall not preempt or limit any remedy available to the city to recover the reasonable expenses of an emergency response to an accident or incident not involving the impaired operation of a motor vehicle.
Section 2. That Article B of Chapter 3, Title 10 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same is hereby, amended by adding a new section 10-3-15 to read as follows:
Sec. 10-3-15 Maiming, etc., of another resulting from driving while intoxicated.
(a) Any person who, as a result of driving while intoxicated in violation of section 10-3-266 of this code, or section 18.2-266 of the Virginia Code, and in a manner that shows a reckless disregard for human life, unintentionally causes the serious bodily injury of another person that results in permanent and significant physical impairment shall be guilty of a class 6 felony.
(b) In addition to the penalties otherwise prescribed, a judgment of conviction for a first offense under this section shall operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle in the Commonwealth of Virginia for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under section 10-3-391.2 of this code and section 46.2-391.2 of the Virginia Code. However, upon conviction and after sentencing of any person for a first offense under this section, if the court finds that the person has not before entered an alcohol safety action program pursuant to section 10-3-271.1 of this code or section 18.2-271.1 of the Virginia Code, the court shall order, as a condition of probation or otherwise, that the person enter and successfully complete such a program.
(c) If a person is convicted of a violation of this section within ten years of a prior offense (as defined below) that resulted in a conviction, such person's license or privilege to operate a motor vehicle shall be revoked for a period of three years from the date of the judgment of conviction. This revocation period shall be in addition to the suspension period provided under section 10-3-391.2 of this code or section 46.2-391.2 of the Virginia Code.
(d) If a person is convicted of a violation of this section within ten years of two prior offenses that resulted in convictions, such person shall not be eligible for participation in an alcohol safety action program pursuant to section 10-3-271.1 of this code or section 18.2-271.1 of the Virginia Code, and shall have his license revoked indefinitely as provided in section 46.2-391(B) of the Virginia Code. The court trying such case shall order the surrender of the driver's license of the person so convicted, to be disposed of in accordance with section 46.2-398 of the Virginia Code, and shall notify the person that his license has been revoked indefinitely.
(e) Notwithstanding any other provision of this section, a period of license revocation or suspension imposed in any case pursuant to this section shall not begin to run until the person convicted has surrendered his license to the court or to the Virginia department of motor vehicles, and shall run consecutively to any period of suspension for failure to permit a blood or breath sample to be taken, as required by sections 10-3-268.1 through 10-3-268.11 or sections 10-3-341.26:1 through 10-3-341.26:11 of this code, or by sections 18.2-268.1 through 18.2-268.11 or sections 46.2-341.26:1 through 46.2-341.26:11 of the Virginia Code.
(f) The provisions of this section shall not apply to, and shall have no effect upon, the disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver's License Act, sections 46.2-341.1 through 46.2-341.34 of the Virginia Code.
(g) For purposes of this section, a "prior offense" means a violation of (I) this section, section 10-3-266 of this code, or the provisions of section 18.2-51.4 (or former sections 18.1-54 or 18-75) or 18.2-266 of the Virginia Code, or the laws of any other state or of the United States which are substantially similar to this section or the provisions of section 18.2-51.4 or sections 18.2-266 through 18.2-269 of the Virginia Code, or (ii) the provisions of subsection (A) of section 46.2-341.24 of the Virginia Code or the substantially similar laws of any other state or of the United States.
Section 3. That this ordinance shall become effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 11/11/97
First Reading: 11/11/97
Publication: 11/12/97; 11/13/97
Public Hearing: 11/15/97
Second Reading: 11/15/97
Final Passage: 11/15/97
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24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public right-of-way at 5010 Duke Street for steps connecting a pedestrian walkway to a sidewalk. (#17 11/11/97) [ROLL-CALL VOTE]
The City Clerk read the docket item.
It was noted that there were no speakers on this item; therefore, the public hearing was concluded.
WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland 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"
Cleveland "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
The ordinance finally passed reads as follows:
ORDINANCE NO. 3966
AN ORDINANCE authorizing the owner of the property located at 5010 Duke Street and the owner's successors in title to establish and maintain an encroachment into the public right-of-way of Duke Street, approximately 365 feet west of the intersection with proposed Somervelle Street, in the City of Alexandria, Virginia.
WHEREAS, Cameron Associates L.L.C. is the owner of the property located at 5010 Duke Street in the City of Alexandria, known as Cameron Station (the "Property"); and
WHEREAS, Cameron Associates L.L.C. desires to establish and maintain an encroachment into the public sidewalk right-of-way on Duke Street, which encroachment shall consist of four steps, [18.5 feet in length, that will encroach approximately 6.5 feet into the sidewalk right-of-way and will provide access to the sidewalk from a pedestrian walkway on the Property, as shown on the plat entitled "Right of Way Encroachment Exhibit," dated October 13, 1997]; and
WHEREAS, the sidewalk portion of the public right-of-way at this point on Duke Street will not be impaired by the requested encroachment; and
WHEREAS, this encroachment has been approved by the Planning Commission of the City of Alexandria at one of its regular meetings subject to certain conditions; and
WHEREAS, it has been determined by the City Council of the City of Alexandria that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:
Section 1. That Cameron Associates L.L.C. and its successors in title (hereafter collectively the "Owner") be, and the same hereby is, authorized to establish and maintain an encroachment into the public right-of-way at 5010 Duke Street in the City of Alexandria, said encroachment consisting of four steps of standard width, [18.5 feet in length, that will encroach approximately 6.5 feet into the sidewalk right-of-way and will provide access to the sidewalk from a pedestrian walkway on the Property, as shown on the plat entitled "Right of Way Encroachment Exhibit," dated October 13, 1997], until the encroachment is removed or destroyed or the authorization to maintain it is terminated by the city; provided, that this authorization to establish and maintain the encroachment shall not be construed to relieve Owner of liability for any negligence on his part on account of or in connection with the encroachment and shall be subject to the provisions set forth below.
Section 2. That the authorization hereby granted to establish and maintain the encroachment described in Section 1 shall at all times be subject to and conditioned upon Owner maintaining, at all times and at his own expense, liability insurance, covering both bodily injury and property damage, with a company authorized to transact business in the Commonwealth of Virginia and with minimum limits as follows:
Bodily Injury: $1,000,000 each occurrence
$1,000,000 aggregate
Property Damage: $1,000,000 each occurrence
$1,000,000 aggregate
This liability insurance policy shall identify the City of Alexandria and Owner as named insureds and shall provide for the indemnification of the City of Alexandria and Owner against any and all loss, liability and all costs related thereto, including attorney fees, occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed annually with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event that this policy of insurance lapses, is canceled, is not renewed or otherwise ceases to be in force and effect, the authorization herein granted to establish and maintain the encroachment shall, at the option of the city, forthwith and without notice or demand by the city, terminate. In that event, Owner shall, upon notice from the city, remove the encroachment from the public right-of-way, or the city, at its option, may remove the encroachment at the expense and risk of Owner. Nothing in this section shall relieve Owner of his obligations and undertakings required under this ordinance.
Section 3. That by accepting the authorization hereby granted to establish and maintain the encroachment and by so establishing and maintaining the encroachment, Owner shall be deemed to have promised and agreed to indemnify and hold harmless the City of Alexandria from any and all liability (including attorney fees and litigation expenses) arising by reason of the establishment, construction, placement, existence, use or maintenance of the encroachment.
Section 4. That the authorization herein granted to establish and maintain the encroachment shall be subject to Owner's maintaining the area of the encroachment at all times unobstructed and free from accumulation of litter, snow, ice and other potentially dangerous matter.
Section 5. That nothing in this ordinance is intended to constitute, or shall be deemed to be, a waiver of sovereign immunity by or on behalf of the City of Alexandria or any of its officers or employees.
Section 6. That the authorization herein granted to establish and maintain the encroachment shall be terminated whenever the City of Alexandria desires to use the affected public right-of-way for any purpose whatsoever and, by written notification, demands that Owner remove the encroachment. Said removal shall be completed within 60 days of the date of the notice and shall be accomplished by Owner without cost to the city. If Owner cannot be found, or shall fail or neglect to remove the encroachment within the time specified, the city shall have the right to remove the encroachment, at the expense of Owner, and shall not be liable to Owner for any loss or damage to the structure of the encroachment caused by the removal.
Section 7. That this ordinance shall be effective upon the date and at the time of its final passage.
KERRY J. DONLEY
Mayor
Introduction: 11/11/97
First Reading: 11/11/97
Publication: 11/12/97; 11/13/97
Public Hearing: 11/15/97
Final Passage: 11/15/97
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25. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by changing the name of South Longview Drive to Jensen Street. (#18 11/11/97) [ROLL-CALL VOTE]
(A copy of the City Manager's memorandum dated October 27, 1997, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 25; 11/15/97, and is incorporated herewith as part of this record by reference.
A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 25; 11/15/97, 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 Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council closed the public hearing. Second Reading and Final Passage will be considered after the City Manager meets with a representative of the Alexandria Animal Hospital to discuss the naming of the street. The voting was as follows:
Speck "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Rich out of room
Walker "aye"
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (26 - 33)
Planning Commission (continued)
26. SPECIAL USE PERMIT #97-0139 -- 5571 HOLMES RUN PARKWAY -- Public Hearing and Consideration of a request for a special use permit for a child care home; zoned RA/Residential. Applicant: Juanita Bates.
COMMISSION ACTION: Deferred 7-0
27. REZONING #97-0002 -- 700 NORTH ASHTON STREET -- Public Hearing and Consideration of a request to change the zoning designation of the property located between North Ashton Street and North Beauregard Street from R-12/Residential to RT/Residential, with a proffer limiting development on the site to no more than sixteen units. Applicant: Presidential Realty Corporation and Kent Lincolnia Joint Venture, by Robert J. Test, attorney, Trustee.
COMMISSION ACTION: Deferred 7-0
28. COORDINATED DEVELOPMENT DISTRICT (CDD)CONCEPT PLAN -- 2201 EISENHOWER AVENUE -- MILL RACE -- OLD TOWN COMMONS -- Public Hearing and Consideration of a request for approval of a Coordinated Development District (CDD) Concept Plan for the Mill Race-Old Town Commons site portion of the Eisenhower Avenue CDD. Applicant: Old Town Development Company, LLC, by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred
29. SPECIAL USE PERMIT #97-0097 -- 2201 EISENHOWER AVENUE -- MILL RACE -- OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit, with site plan, to construct a time share residential building and an office building, with site plan modifications; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: RBC International, Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred
30. SPECIAL USE PERMIT #97-0098 2201 EISENHOWER AVENUE -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for a special use permit for transportation management plan (TMP) approval for a proposed mixed-use development; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: RBC International Inc., by Cyril D. Calley, attorney.
COMMISSION ACTION: Deferred
31. VACATION #97-0003 -- 2310-2318 MILL ROAD -- MILL RACE - OLD TOWN COMMONS -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: McCann Construction, by Cyril D. Calley, attorney, and appointment of viewers for same.
COMMISSION ACTION: Deferred
32. ENCROACHMENT #97-0011 -- 3646 KING STREET -- BRADLEE SHOPPING CENTER -- MCDONALD’S RESTAURANT -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for proposed parking spaces; zoned CG/Commercial General. Applicant: McDonald’s Corporation and Washington Real Estate Investment Trust, by Nan E. Terpak, attorney.
COMMISSION ACTION: Withdrawn (By Applicant’s Request)
33. ENCROACHMENT #97-0010 -- 630 SOUTH ROYAL STREET -- Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an existing brick arch and wall, a stone walkway, and landscaped areas; zoned RM/Residential. Applicant: Carlos J. Chiriboga.
COMMISSION ACTION: Deferred
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals and withdrawal.
* * * * *
THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, at 2:35 p.m., the Public Hearing Meeting of Saturday, November 15, 1997, was adjourned. The voting was as follows:
Euille "aye" Cleveland "aye"
Pepper "aye" Rich out of room
Donley "aye" Speck "aye"
Walker "aye"
* * * * *
APPROVED BY:
__________________________________________
KERRY J. DONLEY MAYOR
ATTEST:
______________________________________________
Beverly I. Jett, CMC City Clerk
25
The meeting was adjourned at 2:35 p.m.
This docket is subject to change.
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Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
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