Back to FY Dockets


Public Hearing Meeting
Saturday, February 21, 1998 - - 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: Mrs. Lawson, City Manager; Mr. Sunderland, City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Fire Chief Hawkins; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson and Ms. Beeton, Members of the Planning and Zoning Staff; and Lieutenant Butler, 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.

2. Public Discussion Period.

(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.

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Clayton's letter dated February 5, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 3; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/21/98, and is incorporated herewith as part of this record by reference.)








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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/21/98, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the 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.

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.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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







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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of the transactional disclosure statement completed by Council Member Walker is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 2/21/98, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from the discussion and voting on this item because she is part-owner of the property.

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.

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

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

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of the transactional disclosure statement completed by Council Member Walker is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 12; 2/21/98, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from the discussion and voting on this item because she is part-owner of the property.

Councilman Speck thanked the applicant and others who are making investments in The Avenue and really seeing them pay off.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, 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. The voting was as follows:

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

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 of which the whole City should be proud.
* * * * *

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.

(A copy of the City Manager's memorandum dated February 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of the appeal dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 2/21/98, and is incorporated herewith as part of this record by reference.)

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

Robert P. Bell, 917 Duke Street, spoke in support and 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.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, 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. The voting was as follows:

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

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Middleton's letter dated February 17, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 2/21/98, and is incorporated herewith as part of this record by reference.)

The following person participated in the public hearing on these items:

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support, and requested the amendment to the CDD Concept Design Plan as suggested in his letter dated February 17, 1998.

Mayor Donley asked Director of Planning and Zoning Lynn if the requested change was okay with him. Mr. Lynn responded in the affirmative.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council approved the following:

14. City Council approved the Planning Commission recommendation and approved the request, subject to all applicable codes, ordinances and staff recommendations, with the amended guideline #5.

15. City Council approved the Planning Commission recommendation, 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.

The voting was as follows:

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

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/21/98, and is incorporated herewith as part of this record by reference.)

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

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support.

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.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, 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. The voting was as follows:

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

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of the Health Department report dated February 20, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of a petition containing thirty-one signatures in support of this application is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 17; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of a letter dated February 20, 1998, from Mr. Menendez, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 17; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of the menu is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 17; 2/21/98, 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, 112 South Alfred Street, attorney representing the applicant, spoke in support of this application;

Jack Davis, 5611 Hilldale Drive, spoke against; a copy of Mr. Davis' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

George C. Berger, 105 Queen Street, representing himself and the property owners of 103, 105, 107, 109, 111, 113, 119, 121, 123 and 127 Queen Street, spoke against; a copy of Mr. Berger's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;

Patricia Berger, 105 Queen Street, spoke against; a copy of Ms. Berger's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 8 of this item;

Margaret Whelan, 115 North Lee Street, representing herself and the Torpedo Factory Condominium Association, spoke in support;

Annette Sturdevant, 811 Prince Street, spoke in support; and

Michael H. Reilly, 811 Prince Street, spoke in support.

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.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried on a vote of 6-to-1, 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." The voting was as follows:

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

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.
Recommend Denial in Part 7-0


(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 2/21/98, and is incorporated herewith as part of this record by reference.)

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.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, 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. The voting was as follows:

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

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.

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 2/21/98, 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 against revocation and requested a deferral to the March 14, 1998 Public Hearing Meeting.

(Members of City Council and Mr. Blair participated in a discussion on this item.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council deferred this item to the March 14, 1998 Public Hearing Meeting. The voting was as follows:

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

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.
Recommend Denial in Part 7-0

(A copy of the Planning Commission report dated February 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 2/21/98, and is incorporated herewith as part of this record by reference.

Copies of communications pertaining to this application are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 20; 2/21/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's letter dated February 23, 1998, to the applicant, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 2/21/98, and is incorporated herewith as part of this record by reference.)

It was noted that the applicant was not present.

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

Bob Dores, 3710 Mark Drive, representing the Hume Springs Civic Association, spoke against;

Judith Bliss, 725 Four Mile Road, representing the Arlandria Civic Association, spoke against; and

Matthew Murguia, 3907 Elbert Avenue, expressed concerns.

Deputy Director of Planning and Zoning Ross and a representative from the Police Department participated in the discussion on this item.

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.

WHEREUPON, upon motion by Council Member Rich, seconded simultaneously by Councilman Cleveland and Councilwoman Pepper and carried unanimously, 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. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

None

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.

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.

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.





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.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilman Cleveland, seconded by Council Member Rich and carried unanimously, at 11:47 a.m., the Public Hearing Meeting for Saturday, February 21, 1998, was adjourned. The voting was as follows:

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

APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR




ATTEST:



_____________________________________________
Beverly I. Jett, CMC City Clerk


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.
* * * * *