Back to FY Dockets


Public Hearing Meeting
Saturday, May 15, 1999 - - 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. Bell, City Engineer; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Beeton, Urban Planner II; Ms. Steele, Deputy City Manager; Ms. Davis, Director of Housing; Dr. Claiborn, Director of Mental Health, Mental Retardation and Substance Abuse; Fire Chief Hawkins; 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, with Councilman Speck arriving at 10:00 a.m.

Mayor Donley noted that item nos. 16 and 17 on the docket have been deferred at the request of the applicant.

2. Public Discussion Period.

(a) Debra Johnson, 515-5 Bashford Lane, president, North Old Town Independent Citizens, spoke to the deferral of item nos. 16 and 17, and indicated that no serious discussions or negotiations have taken place between the applicant and the citizens pertaining to The Parkway Center Project. She charged the Council to come up with or devise a plan when there is no serious negotiation, that repeated deferrals cannot happen. She stated that each time the deferral has happened with the Old Colony site, it has happened on a Friday afternoon before the Council meeting.

(b) Poul Hertel, 1217 Michigan Court, president, Northeast Citizens Association, also discouraged the continued deferrals of docket items.

(c) Sally Ann Greer, 1168 North Pitt Street, president, Canal Way Homeowners Association, spoke to sales or pending sales of homes as a direct result to the proposal under docket item #16.



(d) Jack Sullivan, 4300 Ivanhoe Place, Seminary Hill Association, Inc., spoke to a resolution passed several months ago by the Seminary Hill Association opposing any increase in densities for the Old Colony site. He informed Council that on last Thursday, the executive board of the Seminary Hill Association voted unanimously to oppose any effort by Council to change the supermajority requirements on zoning changes.

Mr. Sullivan will be notified or included in the discussion when Council has its discussion of the supermajority requirements.

City Attorney Sunderland and Planning and Zoning Director Lynn were requested to prepare a memorandum outlining what the ramifications are of the by-right versus the special use permit process and areas in between.

City Attorney Sunderland was requested to provide his comment on the letter received from the National Park Service dated May 13, 1999, pertaining to the proposal to redevelop 1101 North Washington Street and 625 First Street.

(e) Marlin C. Lord, 2724 Hickory Street, presented a petition requesting Council's consideration and action regarding the inadequate off-street parking at Hensley Park for the adult co-ed softball program; a copy of Mr. Lord's petition and concerns is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2 (e); 5/15/99, and is incorporated herewith as part of this record by reference.

City Council referred this to the staff for a response.

(f) John Chapman Gager spoke.

By Unanimous Consent, City Council considered docket item nos. 16 and 17 at this time.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

16. DEVELOPMENT SPECIAL USE PERMIT #98-0011--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct office buildings with an increase in the floor area ratio, and to permit a second mechanical penthouse on a single building, and an off-site crown coverage modification; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney. (#27 4/17/99; #16 3/13/99)

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated May 7, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated April 30, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 16; 5/15/99, and is incorporated herewith as part of this record by reference.)

17. SPECIAL USE PERMIT #98-0106--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for an office development; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney. (#28 4/17/99; #17 3/13/99)


(A copy of the Planning Commission report dated March 2,1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Papazian's memorandum dated April 29, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 17; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated May 14, 1999, requesting a deferral, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 16 and 17; 5/15/99, 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. 4 of Item Nos. 16 and 17; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of the National Park Service's letter dated 5/13/99, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item Nos. 16 and 17; 5/15/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried unanimously, City Council accepted the requested deferrals subject to the matter not being brought back to Council earlier than September, and on the further condition that the developer meet with all of the interested neighbors and citizen groups and the National Park Service to try to reach at least closer agreement as to how to address the concerns. The voting was as follows:

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










REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-12)

Planning Commission

Without Objection, City Council withdrew docket item no. 4 from the Action Consent Calendar. The item was considered under a separate motion.

3. DEVELOPMENT SPECIAL USE PERMIT #99-0016--2930 EISENHOWER AVENUE--ALEXANDRIA TECH CENTER -- Public Hearing and Consideration of a request for amendment to a development special use permit, with site plan, for office development, with a special use permit to increase penthouse heights; zoned OCM-100/Office Commercial Medium. Applicant: Alexandria Tech Center Associates, by Donald F. Simpson, Sr.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 5/15/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #99-0031--5000 POLK AVENUE--JAMES K. POLK ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit for a portable building for classroom use; zoned R-12 and R-20/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 5/15/99, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #99-0033--201 WEST TAYLOR RUN PARKWAY--ANGEL PARK -- Public Hearing and Consideration of a request for a special use permit to expand a park playground area; zoned POS/Public Open Space. Applicant: City of Alexandria, Department of Recreation, Parks and Cultural Activities.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 5/15/99, and is incorporated herewith as part of this record by reference.)











7. SPECIAL USE PERMIT #99-0035--458 SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate a retail and wholesale building material business with storage and light assembly; zoned CSL/Commercial Service Low. Applicant: A & S Sales, Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 5/15/99, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #99-0036--436-A SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to operate a wholesale storage facility for construction materials; zoned CSL/Commercial Service Low. Applicant: NSI, Inc., by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 5/15/99, and is incorporated herewith as part of this record by reference.)

9. ENCROACHMENT #99-0002--820-824 QUEEN STREET -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for an existing wall and planters; zoned RB/Residential. Applicant: David Andross, by David Duff, engineer.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 5/15/99, and is incorporated herewith as part of this record by reference.)

10. TEXT AMENDMENT #99-0004--TEMPORARY SCHOOL TRAILERS -- Public Hearing and Consideration of an amendment to Section 6-105 of the Zoning Ordinance to allow temporary school trailers in conjunction with an adjacent public school in the POS zone with a special use permit.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 5/15/99, and is incorporated herewith as part of this record by reference.)











11. SPECIAL USE PERMIT #99-0009--6161 EDSALL ROAD--LANDMARK RIDGE APARTMENTS -- Public Hearing and Consideration of a request for a special use permit for a reduction of off-street parking for the existing apartment building; zoned RC/Residential. Applicant: Connie Nocente.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 5/15/99, and is incorporated herewith as part of this record by reference.)

12. SPECIAL USE PERMIT #99-0027--5700 SANGER AVENUE--WILLIAM RAMSAY ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit for two portable buildings for classroom use; zoned RA/Residential and POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 5/15/99, 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 Action Consent Calendar as presented with the exception of docket item no. 4, which was considered under a 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.

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.

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. 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.

12. 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"

4. SPECIAL USE PERMIT #99-0026--1501 CAMERON STREET--JEFFERSON-HOUSTON ELEMENTARY SCHOOL -- Public Hearing and Consideration of a request for a special use permit for a portable building for classroom use; zoned RB/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 5/15/99, and is incorporated herewith as part of this record by reference.)

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

Beth Coast, 1602 Boyle Street, spoke to the location of the trailer and about security.

Mark Krause, applicant, addressed her concerns.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland 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" Pepper "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"




13. MASTER PLAN AMENDMENT #99-0006--REZONING #99-0007--4001 EISENHOWER AVENUE--NEW ANIMAL SHELTER -- Public Hearing and Consideration of a request for amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and zoning of the western portion of the Cameron Run Regional Park parcel from POS/Public Open Space to I/Industrial for a proposed animal shelter and to correct the zoning designation of the eastern portion of the same parcel changing it from OCM-(100)/Office Commercial Medium to POS/Public Open Space. Applicant: City of Alexandria, Department of General Services.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Hobson's letter dated May 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 13; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of Ms. Evans' memorandum dated May 13, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 13; 5/15/99, and is incorporated herewith as part of this record by reference.

A copy of the corrected plat is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 13; 5/15/99, and is incorporated herewith as part of this record by reference.)

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

Councilwoman Pepper noted that originally there had been 6.28953 acres set aside for the animal shelter; however, after discussions with the Northern Virginia Regional Park Authority, there will now be 5.15871 acres for the animal shelter which will allow 1.13082 acres [in the POS zone for use by the Northern Virginia Regional Park Authority] for [additional] picnic area(s) and [overflow] parking.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-0, City Council approved the master plan amendment and the rezoning. The voting was as follows:

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









14. DEVELOPMENT SPECIAL USE PERMIT #99-0008--3120-3130 DUKE STREET AND 11-23 SWEELEY STREET--CVS PHARMACY -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a commercial building for a pharmacy, with a reduction of parking; zoned CG/Commercial General and I/Industrial. Applicant: CVS Corporation, by Nan E. Terpak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 5/15/99, and is incorporated herewith as part of this record by reference.)

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

Cathy Puskar, 2200 Clarendon Boulevard, Suite 1300, Arlington, VA, attorney representing the applicant, spoke in support and requested a change to condition #4, making it a pylon sign.

Council Member Walker suggested that she and Councilwoman Pepper work together to come up with a group of people who own businesses or property in this area to see if we can get sort of a cooperative design guideline effort, and maybe we could have the businesses come back with a gradual process over several years of what can be allowed and not allowed. They would get back to Council possibly in the fall with the beginnings of this effort.

Councilwoman Pepper stated that staff needs to help them on some policy on this undertaking also.

Councilman Speck spoke to a policy with respect to signs.

Council Member Rich asked the City Attorney if we could have a sign ordinance for some portion of Duke Street that says that you have to have monument signs from here on out, everybody that comes in has to have one and everybody that doesn't have one has to have one in five years?

The City Attorney responded that you can amortize the use as long as you do it in a reasonable period to allow the investment to be returned, then probably you could. He stated that he would report back on a special sign district for one portion of the City.

Council Member Rich requested that this issue be added to the Retreat docket.

Councilman Speck made a motion to amend the motion on the floor to include the language of the Planning Commission on the monument sign; which motion DIED for lack of a second.

There was discussion about traffic circulation at this site.

Vice Mayor Euille requested staff to monitor this redevelopment project and the operation of CVS once it commences and if there is a need to add some traffic restraints or signage on this site, staff will discuss it with the applicant.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker and carried unanimously, 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 #3 and #7 which are consistent with the applicant's letter of April 30, 1999, with a new condition #4 to read as follows: "4. A pylon sign shall be permitted at a height of 15 feet with a setback of 20 feet from the street"; and the representation made by Ms. Puskar, attorney for the applicant, that they are certainly willing to consider a right-turn-only restriction on traffic exiting the parking lot on Duke Street after consultation with the City staff. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

15. Public Hearing and Consideration of the Fair Share Task Force Report. (#18 3/23/99)

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

Jeremy Flachs, 1521 Oronoco Street, representing the Affordable Housing Advisory Committee, spoke;

Joyce Woodson, 1407 Wayne Street, spoke;

Al Collins, 421 East Alexandria Avenue, representing the Del Ray Citizens Association, spoke;

David Fromm, 2307 East Randolph Avenue, spoke;

Jim Hurysz, 127 South Fairfax Street, #202, representing Concerned Fairlington Residents, spoke; and

John Tedesco, 48 Fort Williams Parkway, representing the Fair Share Task Force, spoke.

Vice Mayor Euille spoke to this item.

Council Member Walker suggested that we have a work session on Housing issues as a whole, or possibly discuss it at the Retreat.

Councilman Speck and City Attorney Sunderland spoke to the language listed in paragraph numbered 1 on page 3 of the report.

WHEREUPON, upon motion by Council Member Rich, seconded by Vice Mayor Euille and carried unanimously, City Council received the report, closed the public hearing, and adopted the recommendations of the Task Force on pages 3 through 5 of the report, and asked that Vice Mayor Euille and Council Member Rich, along with Members of the Task Force and other groups suggested by Vice Mayor Euille, meet to discuss the refinements particularly as they relate to the first recommendation regarding the concentrations of assisted and special needs housing and report any refinements and/or further recommendations back to Council, and amended the language in paragraph numbered 1 to read as follows: "The City should support the targeting of all subsidized rental housing (including special needs housing and Section 8 certificate and vouchers) to non-concentrated areas, in lieu of increasing the amount of subsidized rental housing in any of the six most concentrated Census tracts." The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. SPECIAL USE PERMIT #99-0024--4580 DUKE STREET--MANGO MIKE’S -- Public Hearing and Consideration of a request for a special use permit to add outdoor seating and for two temporary trailers for a restaurant; zoned CG/Commercial General. Applicant: Alexandria Restaurants, by Michael Anderson.
COMMISSION ACTION: Recommend Approval 5-1

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 5/15/99, and is incorporated herewith as part of this record by reference.)

Michael Anderson, applicant, was present to answer questions.

Councilwoman Pepper stated for the record that she will be participating in the discussion of this. She indicated that many people feel that 4600 Duke, where she lives, owns this property which is not accurate. The property that is under discussion is owned by the Bryan Gordon Estate. She talked with the manager of the estate and has been assured that they are condominium owners in the same sense that she is. She stated that she does not profit from anything nor is it a distraction from anything, so it is of neutral benefit and she has no conflict of interest.

Vice Mayor Euille recused himself from the discussion of this item as he has a financial interest in this business.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 5-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 conditions #9 and #11. The voting was as follows:

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





19. SPECIAL USE PERMIT #99-0028--4622 KING STREET--CLAREMONT DELI -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned OCM/Office Commercial Medium. Applicant: Kumyoung Choi.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 5/15/99, and is incorporated herewith as part of this record by reference.)

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

James Hurysz, 127 South Fairfax Street, #202, representing Concerned Fairlington Residents, spoke against.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper 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:

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

20. SUBDIVISION #99-0001 -- Public Hearing and Consideration of an Appeal from a Decision of the Planning Commission on April 6, 1999, Denying a Request for Subdivision of the Property Located at 103 West Monroe Avenue, Zoned R-5. Applicant and Appellant: Mark R. Horowitz.

COMMISSION ACTION: Motion to approve FAILED 3-4

(A copy of the Planning Commission report dated May 4, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 5/15/99, and is incorporated herewith as part of this record by reference.

Copies of 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. 20; 5/15/99, and is incorporated herewith as part of this record by reference.)

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

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

Marianne McInerney, 109 West Monroe Avenue, spoke against; a copy of Ms. McInerney's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Daniel E. Brown, 102 West Mason Avenue, spoke against; a copy of Mr. Brown's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;


P. Jeanne Brown, 102 West Mason, spoke against; a copy of Ms. Brown's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Mark Lepofsky, 108 West Mason Avenue, spoke against; a copy of Mr. Lepofsky's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

Daryl Mull, 109 West Monroe Avenue, spoke against; a copy of Mr. Mull's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;

Peter Neville, 100 West Mason Avenue, representing 32 signers of petition against subdivision, spoke against;

Marilyn Doherty, 12 West Mount Ida Avenue, spoke in support;

Al Collins, 421 East Alexandria Avenue, representing Del Ray Citizens Association, spoke in support;

Joan F. Schindel, 103 East Monroe Avenue, spoke in support;

John Crane, 9 West Monroe Avenue, spoke in support;

Wesley H. Schmidt, 107 West Monroe Avenue, spoke in support;

John Mendenhall, 111 West Monroe Avenue, spoke in support; and

Jo Graham, 113 West Mason Avenue, representing Mr. McCarty and herself, spoke in opposition.

Members of Council and City Attorney Sunderland participated in a discussion on this item.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Councilwoman Pepper and carried unanimously, City Council approved the appeal and approved the subdivision subject to compliance with all applicable codes, ordinances and staff conditions. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

21. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan by changing the land use designation for the property at 4500 Wheeler Avenue and by changing the property's zoning designation from UT/Utilities Transportation to I/Industrial. (#17 5/11/99) [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 Council Member Rich, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4046

AN ORDINANCE to amend and reordain the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendment heretofore approved by city council to such small area plan chapter as Master Plan Amendment No. 97-0004, and no other amendments to repeal all provisions of the said small area plan chapter as may be inconsistent with such amendment, and to amend and reordain Sheet No. 59.04 and Sheet No. 60.03 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the property at 4500 Wheeler Avenue (ZONING MAP AND TAX MAP PARCEL NO. 59.04-02-40 from UT/Utilities and Transportation Zone to I/Industrial Zone (REZ No. 97-0004), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. In Master Plan Amendment No. 97-0004, an application has been made to amend the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, by changing the land use designation of the property known as 4500 Wheeler Avenue, from UT/Utilities and Transportation to I/Industrial.

2. In Rezoning No. 97-0004, an application has been made to rezone the property known as 4500 Wheeler Avenue, from UT/Utilities and Transportation Zone to I/Industrial Zone.

3. The said master plan amendment has heretofore been approved by the planning commission and city council, and the said rezoning is in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended;

4. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:


Section 1. That the Land Use Plan Map, Map 13, and Zoning Map, Map 14, of the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, be, and the same hereby are, amended to change the land use and zoning designations of the property known as 4500 Wheeler Avenue (ZONING MAP AND TAX MAP PARCEL NO. 59.04-02-40), from UT/Utilities and Transportation to I/Industrial.

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan map amendments as part of the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan of the City of Alexandria, Virginia, as amended by this ordinance, be, and hereby is, reordained as part of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. That Sheet No. 59.04 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:

FROM: UT/Utilities and Transportation Zone
Section 5. That Sheet No. 59.04 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

Section 6. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 7. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and the said Clerk of the Circuit Court shall file same among the court records.
















Section 8. That this ordinance shall become effective on the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachment: Rezoning Sketch Plan No. 97-0004

Introduction: 05/11/99
First Reading: 05/11/99
Publication: 05/12/99; 05/13/99
Public Hearing: 05/15/99
Second Reading: 05/15/99
Final Passage: 05/15/99
* * * * *




22. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to amend the City of Alexandria Zoning Ordinance by changing the zone designation of the property at 208 South Royal Street from RM/Residential to POS/ Public Open Space. (#18 5/11/99) [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 Council Member Walker, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, 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 "aye"
Donley "aye" Rich "aye"
Speck "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4047

AN ORDINANCE to amend and reordain Sheet No. 74.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 (OFFICIAL ZONING MAP AND DISTRICT BOUNDARIES) of the City of Alexandria Zoning Ordinance, by rezoning the property at 208 South Royal Street (ZONING MAP AND TAX MAP PARCEL NO. 74.02-17-04) from RM/Townhouse Zone to POS/Public Open Space and Community Recreation Zone (REZ No. 99-0003), in accordance with the said zoning map amendment heretofore approved by city council.

WHEREAS, the City Council finds and determines that:

1. The planning commission has initiated on its own motion the rezoning of the Old Town Tot Lot, located at 208 South Royal Street (Zoning Map and Tax Map Parcel No. 74.02-17-04), from RM/Townhouse Zone to POS/Public Open Space and Community Recreation Zone.

2. The said rezoning is in conformity with the 1992 Master Plan of the City of Alexandria, Virginia, as amended;

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Sheet No. 74.02 of the "Official Zoning Map, Alexandria, Virginia," adopted by Section 1-300 of the City of Alexandria Rezoning Ordinance, be, and the same hereby is, amended by changing, in the manner set forth below, the zoning classification of the property hereinafter described:



FROM: RM/Townhouse Zone
TO: POS/Public Open Space and Community Recreation Zone

Section 2. That the director of planning and zoning be, and he hereby is, directed to record the foregoing amendment on the said map.

Section 3. That Sheet No. 74.02 of the "Official Zoning Map, Alexandria, Virginia," as so amended, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.

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

KERRY J. DONLEY
Mayor

Attachment: Rezoning Sketch Plan No. 99-0003

Introduction: 05/11/99
First Reading: 05/11/99
Publication: 05/12/99; 05/13/99
Public Hearing: 05/15/99
Second Reading: 05/15/99
Final Passage: 05/15/99
* * * * *




23. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public alley right-of-way at 1508 Mount Vernon Avenue for a trash dumpster. (#19 5/11/99) [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 Vice Mayor Euille, seconded by Council Member Walker and carried on a ROLL-CALL vote of 6-to-0, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4048

AN ORDINANCE authorizing the current owner of the property at 1508 Mount Vernon Avenue to encroach, for purposes of providing parking for employee or customer use, into the right-of-way of the public alley which is located behind the property, and which runs between East Monroe and East Nelson Avenues, in the City of Alexandria, Virginia.

WHEREAS, Barbara Mancini (“Owner”) is the owner of the commercial property at 1508 Mount Vernon Avenue in the City of Alexandria Virginia ("Property"); and

WHEREAS, the Property is currently developed and used as a restaurant; and

WHEREAS, Owner desires to establish and maintain parking, for use by the restaurant's employees and customers, in the right-of-way of the public alley which is located behind the Property and which runs between East Monroe and East Nelson Avenues; and

WHEREAS, the right-of-way at that point on said public alley will not be significantly impaired by this encroachment; and

WHEREAS, it has been determined by the city council that this encroachment is not detrimental to the public interest; therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the Owner only be, and the same hereby is, authorized to establish and maintain an encroachment into the right-of-way of the public alley which is located behind the Property and which runs between East Monroe and East Nelson Avenues, said encroachment consisting of one or more parking spaces (as determined by the director of transportation & environmental services pursuant to Section 2 of this ordinance) that may only be used by the employees and customers of the restaurant that is presently operating at the Property, 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 its 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 shall be subject to the following conditions:

(a) the number of parking spaces authorized by this ordinance to be placed in the public alley which runs between East Monroe and East Nelson Avenues shall be determined by the director of transportation and environmental services, and further, Owner shall locate said space or spaces only at a location in the alley that is approved by the director; and

(b) the dumpster which Owner has been maintaining in the right-of-way of the public alley behind the Property shall, within 30 days of the enactment of this ordinance, be relocated to the location shown on the attachment to the March 31, 1999, memorandum to the city council from the city manager, submitted as part of docket item no. 16 at the council's April 17, 1999, meeting, which attachment is attached hereto and incorporated by reference herein; and

(c) Owner shall maintain, at all times and at its 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 occasioned by the establishment, construction, placement, existence, use or maintenance of the encroachment. Evidence of the policy and any renewal thereof shall be filed with the city attorney's office. Any other provision herein to the contrary notwithstanding, in the event 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 its 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/or maintaining the encroachment, Owner shall be deemed to have promised and agreed to save harmless the City of Alexandria from any and all liability (including attorneys' 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 Owner shall timely pay to the City of Alexandria for the encroachment authorized herein the annual charge established in § 3-2-85 of The Code of the City of Alexandria, Virginia, 1981, as amended.

Section 7. 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 alley right-of-way for any purpose whatsoever and, by written notification, demands from Owner the removal of the encroachment. Said removal shall be completed by the date specified in 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 8. That this ordinance shall be effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Introduction: 5/11/99
First Reading: 5/11/99
Publication: 05/12/99; 05/13/99
Public Hearing: 05/15/99
Second Reading: 05/15/99
Final Passage: 05/15/99
* * * * *



24. Continuation of Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the Zoning Ordinance to allow day labor agencies to operate within the City only with a special use permit, and to require the abatement of existing day labor agencies. (# 25 4/17/99; #24 4/13/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated May 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 5/15/99, and is incorporated herewith as part of this record by reference.)

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

Robert Battle, 526 King Street, attorney representing Ace Temporaries, spoke to the meeting which was held with staff and no longer opposed the proposed ordinance.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, 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 "aye"
Donley "aye" Speck "aye"
Walker "aye"

The ordinance finally passed reads as follows:
ORDINANCE NO. 4049

AN ORDINANCE to amend and reordain Section 2-126 (BUSINESS AND PROFESSIONAL OFFICE) under Section 2-100 (DEFINITIONS), of Article II (DEFINITIONS), and to further amend and reordain said Section 2-200 and Article II by adding thereto a new Section 2-133.1 (DAY LABOR AGENCY); to amend and reordain Section 4-103 (SPECIAL USES) under Section 4-100 (CL/COMMERCIAL LOW ZONE), Section 4-303 (SPECIAL USES) under Section 4-300 (CSL/COMMERCIAL SERVICE LOW ZONE), Section 4-403 (SPECIAL USES) under Section 4-400 (CG/COMMERCIAL GENERAL ZONE), Section 4-503 (SPECIAL USES) under Section 4-500 (CD/COMMERCIAL DOWNTOWN ZONE), Section 4-603 (SPECIAL USES) under Section 4-600 (CD-X/COMMERCIAL DOWNTOWN ZONE-OLD TOWN NORTH ZONE), Section 4-803 (SPECIAL USES) under Section 4-800 (OC/OFFICE COMMERCIAL ZONE), Section 4-903 (SPECIAL USES) under Section 4-900 (OCM(50)/OFFICE COMMERCIAL MEDIUM (50) ZONE), Section 4-1003 (SPECIAL USES) under Section 4-1000 (OCM(100)/OFFICE COMMERCIAL MEDIUM (100) ZONE), Section 4-1103 (SPECIAL USES) under Section 4-1100 (OCH/OFFICE COMMERCIAL HIGH ZONE) and Section 4-1203 (SPECIAL USES) under Section 4-1200 (I/INDUSTRIAL ZONE), all of Article IV (COMMERCIAL, OFFICE AND INDUSTRIAL ZONES); and to amend and reordain Section 12-200 (NONCONFORMING USES) of Article XXII (NONCOMPLIANCE AND NONCONFORMITY) by adding thereto a new Section 12-215 (ABATEMENT OF DAY LABOR AGENCIES), all of the City of Alexandria Zoning Ordinance (TA NO. 99-0001).

THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Section 2-126 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

Sec. 2-126 Business and professional office. Any room, studio, clinic, suite, clinic, suite or building in which the primary use is the conduct of a business such as accounting, correspondence, research, editing, administration or analysis; or the conduct of a business by a salesman, sales representative or manufacturer’s representatives; or the conduct of a business by professionals such as engineers, architects, land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents and landscape architects but not including offices for dentists, physicians or other medical practitioners, or for day labor agencies.

Section 2. That Section 2-100 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 2-133.1, to read as follows:

Sec. 2-133.1 Day labor agency. A place where arrangements for short term employment are made characterized by the gathering of employees who are hired typically for a one-day period. Employers often transport the employees to the work site and return them to the day labor agency.

Section 3. That Section 4-103, Section 4-303, Section 4-403, Section 4-503, Section 4-603, Section 4-803, Section 4-903, Section 4-1003, Section 4-1103 and Section 4-1203 of the City of Alexandria Zoning Ordinance be, and the same hereby are, amended by adding thereto a new subsection, the appropriate subsection letter heading of which is to be assigned by the city attorney in preparing the codification of this ordinance, to read as follows:

(_) Day labor agency.

Section 4. That Section 12-200 of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended by adding thereto a new Section 12-215, to read as follows:

Sec. 12-200 Nonconforming uses.







Section 5. That Section 2-100, Section 4-103, Section 4-303, Section 4-403, Section 4-503, Section 4-603, Section 4-803, Section 4-903, Section 4-1003, Section 4-1103, Section 4-1203 and Section 12-200 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby are, reordained as part of the City of Alexandria Zoning Ordinance.

Section 6. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 05/11/99
First Reading: 05/11/99
Publication: 05/12/99; 05/13/99
Public Hearing: 05/15/99
Second Reading: 05/15/99
Final Passage: 05/15/99
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (25-31)

Planning Commission (continued)

25. DEVELOPMENT SPECIAL USE PERMIT #99-0006--3680 KING STREET--POST OFFICE--BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request for extension of a development special use permit, with site plan, for construction of a post office; zoned CG/Commercial General. Applicant: Washington Real Estate Investment Trust, by Cyril D. Calley, attorney.
COMMISSION ACTION: Noted the withdrawal

26. SPECIAL USE PERMIT #99-0025--1623 FERN STREET--ERNIE’S CRAB HOUSE -- Public Hearing and Consideration of a request for a special use permit to amend the hours of operation of a restaurant; zoned CSL/Commercial Service Low. Applicant: Sung Jin Kim.

COMMISSION ACTION: Noted the deferral

27. DEVELOPMENT SPECIAL USE PERMIT #98-0032--105 MONCURE DRIVE -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of an addition to an office building, with tandem parking and a modification to the zone transition setback requirement; zoned CL/Commercial Low. Applicant: Paul R. Spina, by Warren Almquist, architect.

COMMISSION ACTION: Deferred (Applicant’s Request)

28. VACATION #98-0003--105 MONCURE DRIVE -- Public Hearing and Consideration of a request for vacation of a portion of the public right-of-way; zoned CL/Commercial Low. Applicant: Paul R. Spina, by Warren Almquist, architect, and appointment of viewers for same.

COMMISSION ACTION: Deferred (Applicant’s Request)

29. DEVELOPMENT SPECIAL USE PERMIT #99-0005--5010 DUKE STREET--CAMERON STATION, PHASE V -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct residential development; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred 6-0

30. SPECIAL USE PERMIT #98-0100--5010 DUKE STREET--CAMERON STATION, PHASE V (TMP) -- Public Hearing and Consideration of a request for a special use permit to amend the approved transportation management plan (TMP) for Cameron Station to incorporate Phase V; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

COMMISSION ACTION: Deferred 6-0



31. SPECIAL USE PERMIT #99-0034--200 NORTH WASHINGTON STREET -- Public Hearing and Consideration of a request for a special use permit for parking reduction for retail use; zoned CD/Commercial Downtown. Applicant: 206 Wash, L.L.C., Rajai Zumot.

COMMISSION ACTION: Deferred (Applicant Not Present)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the withdrawal and deferrals.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, at 1:50 p.m., the Public Hearing Meeting of Saturday, May 15, 1999, was adjourned. The voting was as follows:

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

APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:




_____________________________________________
Beverly I. Jett, CMC City Clerk







The meeting was adjourned at 1:50 p.m.

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *

Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
* * * * *