Office of the City Clerk
February 21, 1998
All Persons, Including Applicants, Wishing
to Speak Before City Council Must Fill Out A
Speaker's Form (Which May Be Found in The
Rear of the Council Chamber) and Present It
to the City Clerk.
If you have a prepared statement, please present
it to the City Clerk.
Public Hearing Meeting
Saturday, February 21, 1998 - - 9:30 am
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OPENING
1. Calling the Roll.
The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.
Council Action:_______________________________________________________________
2. Public Discussion Period. [No more than 30 Minutes] [This
period is restricted to items not
listed on the docket.]
(a) John Chapman Gager spoke.
(b) Hollis Wickman, 822 Green Street, representing the Coalition for a Sensible Bridge, spoke to recent newspaper articles and continued support for litigation with respect to the Woodrow Wilson Bridge issue.
Members of City Council participated in the discussion with Mr. Wickman.
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES
ACTION CONSENT CALENDAR (3-12)
Planning Commission
WITHOUT OBJECTION, City Council removed Docket Item Nos. 10 and 12 from the Action Consent Calendar and considered them under separate motions.
3. ENCROACHMENT #97-0013 -- 1623 FERN STREET -- ERNIE’S CRAB HOUSE
Public Hearing and Consideration of a request for encroachment into the public right-of-way for outdoor seating; zoned CSL/Commercial Service Low. Applicant: Sung Jin Kim.
COMMISSION ACTION: Recommend Approval 7-0
4. SPECIAL USE PERMIT #97-0156 -- 1623 FERN STREET -- ERNIE’S CRAB HOUSE
Public Hearing and Consideration of a request for a special use permit for expansion of an existing restaurant, including site plan modification of zone transition setback; zoned CSL/Commercial Service Low. Applicant: Sung Jin Kim.
COMMISSION ACTION: Recommend Approval 7-0
5. SPECIAL USE PERMIT #97-0147 -- 2601 COMMONWEALTH AVENUE -- MOUNT VERNON ELEMENTARY SCHOOL
Public Hearing and Consideration of a review of a special use permit for a freestanding, lighted sign with changeable display; zoned R-2-5/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.
COMMISSION ACTION: Recommend Approval 7-0
6. SPECIAL USE PERMIT #97-0170 -- 5715-A EDSALL ROAD -- SZECHUAN EXPRESS -- EDSALL CENTER
Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing restaurant with carry-out and delivery service; zoned CG/Commercial General. Applicant: Y & H, L.L.C.; New Szechuan Express, by Matthew Yang.
COMMISSION ACTION: Recommend Approval 7-0
7. SPECIAL USE PERMIT #97-0175 -- 3625 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD CENTER (DON PABLO’S)
Public Hearing and Consideration of a request for a special use permit, with site plan amendment, for construction and operation of a restaurant; zoned CDD-10/Coordinated Development District, Potomac Yard. Applicant: DF&R Operating Company, Inc., t/a Don Pablo’s Mexican Kitchen, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
8. SPECIAL USE PERMIT #97-0176 -- 3625 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD CENTER (CANYON CAFE)
Public Hearing and Consideration of a request for a special use permit, with site plan amendment, for construction and operation of a restaurant; zoned CDD-10/Coordinated Development District, Potomac Yard. Applicant: Apple South, Inc., t/a Canyon Cafe Restaurant, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
9. SPECIAL USE PERMIT #97-0188 -- 1468-B NORTH BEAUREGARD STREET -- McDONALD’S RESTAURANT -- HAMLET SHOPPING CENTER
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: McDonald’s Corporation, by William C. Thomas, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
10. SPECIAL USE PERMIT #97-0191 -- 2002 MT VERNON AVENUE, #12
Public Hearing and Consideration of a request for a special use permit for a massage therapy business with a parking reduction; zoned CL/Commercial Low. Applicant: Bonnie Bacon.
COMMISSION ACTION: Recommend Approval 7-0
11. SPECIAL USE PERMIT #97-0194 -- 321 FIRST STREET
Public Hearing and Consideration of a request for a special use permit to operate a day care center with a parking reduction; zoned CD-X, Commercial Downtown (Old Town North). Applicant: Hall and Associates, L.L.C., by Frederick R. Taylor.
COMMISSION ACTION: Recommend Approval 7-0
12. SPECIAL USE PERMIT #97-0190 -- 2000 & 2004 MT VERNON AVENUE -- EVENING STAR CAFE
Public Hearing and Consideration of a request for a special use permit to expand the existing restaurant into the adjacent retail space; zoned CL/Commercial Low. Applicant: Evening Star Cafe, Stephanie Babin.
COMMISSION ACTION: Recommend Approval 7-0
END OF ACTION CONSENT CALENDAR
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
City Council approved the Consent Calendar as presented, with the exception of Docket Item Nos. 10 and 12 which were considered under separate motions. The Planning Commission recommendations are as follows:
3. City Council approved the recommendation of the Planning Commission and approved the 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 with the deletion of condition #3, and the added new condition #4.
6. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
7. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
8. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
9. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
10. Councilwoman Pepper requested assurance from the applicant that those who would be working are appropriately licensed.
The applicant indicated that they were licensed through the Nurses' Board in Richmond, VA.
City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #2, and the added condition #5. (Separate Motion)
11. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
12. Councilman Speck thanked the applicant and others who are making investments in The Avenue and really seeing them pay off.
City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #5. (Separate Motion)
END OF ACTION CONSENT CALENDAR
Council Action:_______________________________________________________________
New Business Item No. 1: Council Member Rich spoke to a wonderful performance by third graders at John Adams School on Wednesday, February 18. The third graders produced an opera, "The Two Princesses", in cooperation with the Washington Opera Company. The music program at John Adams is something the whole City should be proud of.
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REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
13. Public Hearing on and Consideration of an Appeal from a decision of the Director of Transportation and Environmental Services denying an application for a waiver under City Code Section 5-3-4 (Underground Utilities) to be located at 917 Duke Street. Appellant and Applicant: Robert P. Bell.
Robert P. Bell requested that the recommendations be amended to read 50 pairs.
Staff agreed to this change.
Council Member Walker requested that the issue of the availability of many lines from Bell Atlantic be addressed by the City's telecommunications committee, to make sure that small businesses, in particular, in the City of Alexandria can have access to high-speed lines.
Mayor Donley noted that utilities for particularly high-tech firms in Old Town is a potential problem. He indicated that he asked that the new Alexandria Technology Council work with the Chamber of Commerce and the utilities to come up with a plan. He stated that one of the missions is to make Alexandria a good place for the technology industry.
Vice Mayor Euille requested staff to report back to Council in the near future whether the current code regarding undergrounding requirements needs to be reviewed to make some modifications.
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
13. (continued) City Council granted, as amended, a waiver of the undergrounding requirement for the property at 917 Duke Street to permit the placement of overhead telephone lines (amended to 50 pairs) in the rear of the property that is served by overhead lines from the alley. If in the future the lines in this alley are placed underground, the owner of this property would be responsible for making the underground connection to his property.
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
WITHOUT OBJECTION, City Council considered Docket Item Nos. 14 and 15 together and under one motion.
14. MASTER PLAN AMENDMENT #97-0008
REZONING #97-0008
TEXT AMENDMENT #98-0004 -- 2400 EISENHOWER AVENUE -- HOFFMAN SITE
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 increase heights permitted by the CDD guidelines for the Eisenhower Avenue CDD; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
City Council approved the recommendation of the Planning Commission and approved the request, subject to all applicable codes, ordinances and staff recommendations, with the amended guideline #5.
Council Action:_______________________________________________________________
15. COORDINATED DEVELOPMENT DISTRICT (CDD) CONCEPT PLAN -- 2400 EISENHOWER AVENUE -- HOFFMAN SITE
Public Hearing and Consideration of a request for approval of a Coordinated Development District (CDD) Development Concept Plan; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 7-0
City Council approved the Planning Commission, as amended, and approved the request, subject to all applicable codes, ordinances and staff recommendations, with the amended condition #1, and included the change to the Conceptual Design Plan requested in Mr. Middleton's memorandum dated February 17, 1998.
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
16, SPECIAL USE PERMIT #97-0184 -- 3601 JEFFERSON DAVIS HIGHWAY -- POTOMAC YARD CENTER
Public Hearing and Consideration of a request for a special use permit for the operation of multiple restaurants; zoned CDD-10/Coordinated Development District, Potomac Yard. Applicant: Commonwealth Atlantic Properties Land V, by J. Howard Middleton, Jr., attorney.
COMMISSION ACTION: Recommend Approval 6-1
Vice Mayor Euille expressed concern about the design and hoped that the design and construction quality of the new restaurants will be more aesthetically pleasing than the existing appearance of the shopping center.
City Council approved the Planning Commission recommendation and approved the proposal, subject to all applicable codes, ordinances and staff recommendations, with the amended conditions #1 and #7.
Council Action:_______________________________________________________________
17. SPECIAL USE PERMIT #97-0181 -- 212 QUEEN STREET
Public Hearing and Consideration of a request for a special use permit to expand the existing coffee shop (restaurant) and request for reduction of the off-street parking requirement; zoned CD/Commercial Downtown. Applicant: Washington Management Corporation, t/a Et Cetera, by Serdar Basegmez.
COMMISSION ACTION: Recommend Denial 7-0
Council Member Rich asked the applicant if he was going to come in six months or a year from now and request permission for a microwave. The applicant represented that there would be no microwave.
It was noted that there is no room for capacity expansion.
Councilman Speck indicated that he would like to have some discussion at some point about the issue of how we can make sure that what we grant as a permit is maintained.
Councilman Speck asked Duncan Blair, attorney for the applicant, if there is any question in his mind whatsoever, that what Council is going to approve specifically allows for only those things that are discussed, the six seats, the preparation of sandwiches and nothing further, and asked whether he was comfortable in making that representation.
Mr. Blair indicated that he is comfortable making it with the agreement of his client understanding special use permits now, and that if any time he wants to do anything else, he is going to contact Mr. Blair.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
17. (continued) City Council overturned the decision of the Planning Commission and granted the special use permit, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended condition #2 to read: "6. Seating shall be provided for a maximum of six customers, which refers to a table with two chairs and four stools." .
Council Action:_______________________________________________________________
18. SPECIAL USE PERMIT #97-0189 -- 2922 DUKE STREET -- SUBWAY RESTAURANT (SKY HILL SHELL STATION)
Public Hearing and Consideration of a request for a special use permit to add a restaurant within the existing Shell automobile service station and to amend conditions of the permit; zoned CG/Commercial General. Applicant: Anjali and Anisha, Inc., by Rajinder P. Kapani.
COMMISSION ACTION: Recommend Approval in Part 7-0
Recommend Denial in Part 7-0
It was noted that the applicant was not present to answer questions.
Mayor Donley asked questions of staff with respect to condition #3.
Mayor Donley requested staff to give Council a narrative regarding the changes occurring with this special use permit, especially with the wording of condition #3.
Council Member Rich suggested prohibiting the sale of alcohol at this establishment.
Councilwoman Pepper requested clarification also of condition #3. She would like to have a brief history of what Council has been through with this issue, and also what we are doing with 7-11s, because there is a 7-11 nearby this station.
Mayor Donley requested that staff notify the applicant that his application was deferred and requested his presence at the next public hearing meeting.
City Council deferred the public hearing on this item to the March 14, 1998 Public Hearing Meeting since the applicant is not present and this is a substantive change to the special use permit.
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
'
19. 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
City Council deferred this item to the March 14, 1998 Public Hearing Meeting.
Council Action:_______________________________________________________________
20. SPECIAL USE PERMIT #97-0182 -- 3825 MT VERNON AVENUE -- FLAGS RESTAURANT
Public Hearing and Consideration of a review of a special use permit for a restaurant with amusement enterprise (billiard tables and live entertainment) and request to extend the hours of operation; zoned CDD-6/Coordinated Development District. Applicant: Fahmi T. Eid.
COMMISSION ACTION: Recommend Approval in Part 7-0
Recommend Denial in Part 7-0
Mayor Donley requested that the applicant be cited and ticketed for every violation under the special use permit.
Councilwoman Pepper requested staff to indicate to the applicant how the Council was informed of all of the latest issues, that the concept was raised to revoke his permit because of these violations, and that it was more than thoroughly discussed by Council.
City Council denied the Planning Commission recommendation and denied all of the requested changes to this special use permit with the request that it be reviewed at the May 16, 1998 Public Hearing Meeting.
Council Action:_______________________________________________________________
ORDINANCES AND RESOLUTIONS
None
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
DEFERRAL/WITHDRAWAL CONSENT CALENDAR (21-24)
Planning Commission (continued)
21. SPECIAL USE PERMIT #97-0187 -- 1472 NORTH BEAUREGARD STREET -- WRAP & ROLL CAFE -- HAMLET SHOPPING CENTER
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District, Winkler Tract. Applicant: OFY, L.L.C., Janjer Enterprises, by Jerome Friedlander.
COMMISSION ACTION: Noted the Deferral
22. TEXT AMENDMENT #97-0012 -- NONCONFORMING USES
Public Hearing and Consideration of an amendment to Section 12-200 (Nonconforming Uses) of the Zoning Ordinance to add new or amended rules for (1) the maintenance, repair and improvement of buildings and structures housing nonconforming uses, and for (2) the maintenance, repair and replacement of trade fixtures used in connection with nonconforming uses. Staff: City of Alexandria, Department of Planning and Zoning.
COMMISSION ACTION: Deferred 7-0
23. SPECIAL USE PERMIT #97-0178 -- 2838 DUKE STREET -- DUKE STREET MOBIL
Public Hearing and Consideration of a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora.
COMMISSION ACTION: Deferred 7-0
24. SPECIAL USE PERMIT #97-0195 -- 1217 FIRST STREET
Public Hearing and Consideration of a request for a special use permit to operate an automobile repair business; zoned CRMU-H/Commercial Residential Mixed Use, High. Applicant: Zahid Tufail.
COMMISSION ACTION: Deferred (Improper Notice) 7-0
END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR
WITHOUT OBJECTION, City Council noted the deferrals.
Council Action:_______________________________________________________________
The meeting was adjourned at 11:47 a.m.
This docket is subject to change.
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