Action Docket for Public Hearing Meeting (12/15/2001)

Office of the City Clerk
December 18, 2001

Public Hearing Meeting
Saturday, December 15, 2001 - - 9:30 a.m.

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OPENING

1. Calling the Roll.

The Meeting was called to Order by Mayor Donley, and the Deputy City Clerk called the Roll; all Members of City Council were present.
Council Action:_________________________________________________________

New Business Item No. 1. Mayor Donley wished everyone a happy holiday season and a prosperous new year, and hopefully, it will be a better year.

2. Public Discussion Period. [No more than 30 Minutes] [This
period is restricted to items not
listed on the docket.]

(a) James R. Manship, Box 75, Mount Vernon, VA, addressed his concerns regarding an incident relating to the Police Department.

Mayor Donley asked the Chief of Police, through the City Manager, to provide Council with a full report on the matter, including any disciplinary actions that may or may not have taken place.

(b) Dale W. Dover, 228 South Washington Street, Suite 210, attorney, and Bruce Adams, 616 South Washington Street, Guardian ad litem for Katelyn Frazier at the time of her death, appeared to again petition Council and renew their offer to pay $1,000 to purchase and place a gravestone at the gravesite of Katelyn Frazier.

Mayor Donley stated that he and the entire Council are supportive of their request and would like to see it happen, but his understanding is that permission by the family has been refused, and that we lack the authority to mandate such an action.

City Attorney Pessoa reported that after last month's public hearing meeting, his staff and DSS staff talked to the child's grandmother and were told in no uncertain terms that the family was providing for a headstone, wished to do this themselves and did not want the City or any other parties to intrude into the matter. It is his opinion that the City cannot override the family's desires, as the next of kin have the ultimate say as to the burial arrangement. He noted that the City, even if it wanted to, is not in a position to force the family to accept the gravestone. City Attorney Pessoa did offer an alternative suggestion that the City form an education fund for Katelyn's three surviving siblings, over whom the City still has custody, as a fitting memory for Katelyn.

Mayor Donley asked that, one more time, we contact the family, and absent their permission, that we work with Mr. Dover and anybody else to look at a suitable living alternative. If Mr. Dover wants to have a discussion with the City regarding the basis of custodial consent as a matter of law, the Mayor suggested he have that discussion with the City Attorney. If the City can find a way to honor the request, we will do so.

(c) David M. Fromm, 2307 East Randolph Avenue, addressed a shortcoming that affects compliance with various conditions in many special use permits. He suggested that an sup, and its conditions, should be made public and posted for the information of future managers and employees. He asked that Council entertain a sup condition that addresses this in a constructive manner, as follows: "The following condition is to be considered for inclusion by Planning and Zoning staff in every sup to encourage and enhance compliance to employee and management education. A summary of this sup, to be prepared by Planning and Zoning staff, shall be located on site, displayed and maintained to the satisfaction of the Director of Planning and Zoning."

Councilman Speck responded that the comment about education of the public affected by an sup is a good one. He asked that we communicate to the Planning Commission and Planning staff to discuss whether they want to introduce this or something like this on a regular basis for all sups. Mr. Speck reiterated that the City requires that the permit be on public display.

Councilwoman Pepper asked that staff review this and come up with something to require that sup conditions are made public knowledge to all managers and employees.

(d) Julie Crenshaw, 816 Queen Street, thanked the Council for voting in favor of the grant to study the mapping of streams in Alexandria. Ms. Crenshaw requested that when Council puts together the task force to study the charter change for an elected school board to please include a representative of the League of Women Voters.

(e) Mary Catherine Gibbs, 3818 Keller Avenue, on behalf of the Alexandria Commission on Women, announced a fundraiser featuring the Capital Steps being sponsored by the Alexandria Business and Professional Woman, Commission for Woman, Office on Women, and Friends of the Alexandria Commission for Women on Saturday, January 19, 2002, at 8 p.m. in T.C. Williams High School Auditorium.

(f) Sara Kukorio, 4134 Uline Avenue, on behalf of Strawberry Hill, explained a recent problem with parking in their community because of a change in parking regulations at the adjacent Cameron Commons Apartments. She advised that because this has led many of its residents to park on the neighborhood streets, Strawberry Hill is requesting that neighborhood parking restrictions be established.

The Mayor referred the Strawberry Hill petition to Transportation and Environmental Services Director Baier and asked him to determine the source of the problem and eliminate that before considering establishing a parking district.

(g) Claudia Waller, 5943 Kelley Court, representing a new task force called Citizens for Titan Pride, put together by Councilman Euille initially in response to the rather detrimental article that appeared in Sports Illustrated about T.C. Williams following the movie, Remember the Titans, introduced Rob Kennedy, President of the T.C. Williams Student Council Association who read his letter on diversity at T.C. Williams High School. He presented a Titans pom pom to each Member of Council.
Council Action:_________________________________________________________

New Business Item No. 2. Councilman Speck and Councilwoman Eberwein reported on the meeting they had with Speaker of the House of Delegates Wilkins in Richmond on the City's interest in having a local ordinance allowing it to impose a recordation fee directed to open space. They met with Delegate Albo of Fairfax and will meet with Senator Saslaw, who now represents part of Alexandria. Delegate Albo noted that there is currently a study commission on growth policies throughout the state that needs to be extended. He suggested that in the course of the amendment to extend this study, that it be amended to include this topic as well, and it is being drafted.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-9)

Planning Commission

Without Objection, City Council removed docket item nos. 4, 5, and 9 from the Action Consent Calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #2001-0107
311 N HENRY ST
PRIME AUTO CARE
Public Hearing and Consideration of a request for a special use permit extension for a general automobile repair and rental business; zoned CL/Commercial Low. Applicant: Vanna So.

COMMISSION ACTION: Recommend approval 7-0

4. SPECIAL USE PERMIT #2001-0109
330 JOHN CARLYLE ST
PIZZA BIANCA ITALIAN BISTRO

Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Pizza Bianca Italian Bistro, by Zakaria B. Driouche.

COMMISSION ACTION: Recommend approval 7-0

5. SPECIAL USE PERMIT #2001-0111
201 HUME AV
Public Hearing and Consideration of a review of a special use permit and a request to change a condition regarding parking for an approved nonconforming artist studio with accessory residential use; zoned R-2-5/Residential. Applicant: Andrew Wingfield and Tania Karpowitz.

COMMISSION ACTION: Recommend approval 7-0

6. SPECIAL USE PERMIT #2001-0117
2320 JEFFERSON DAVIS HY
EXXON STATION
Public Hearing and Consideration of a review of a special use permit for an automobile service station with convenience store and restaurant; zoned I/Industrial. Applicant: Exxon Corporation, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

7. ENCROACHMENT #2001-0009
1205 CAMERON ST
Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for a building wall; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Chris Neumann.

COMMISSION ACTION: Recommend approval 7-0

8. DEVELOPMENT SPECIAL USE PERMIT #2001-0015
3216 JEFFERSON DAVIS HY
CROWN STATION
Public Hearing and Consideration of a request for a development special use permit for extension of time for approved renovations to an automobile service station; zoned CSL/Commercial Service Low. Applicant: Crown Stations, Inc., by Erika L. Byrd, attorney.

COMMISSION ACTION: Recommend approval 7-0

9. SPECIAL USE PERMIT #2001-0110
210 SWAMP FOX RD
HOFFMAN TOWN CENTER

Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CDD-2/Coordinated Development District, Eisenhower Avenue. Applicant: Ruby Tuesday, Inc., by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the Action Consent Calendar as presented with the exception of docket item nos. 4, 5, and 9 which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

4. Councilman Speck identified that Condition #17 has some new language, "and shall direct them to use the 17 on-site garage spaces dedicated for retail uses when available." which goes beyond the standard language of employees who drive to work are required to use off-street parking. He related his concern that if employees are directed to use the retail parking space, doesn't that mean that the retail spaces are being used by employees rather than by shoppers.

Planning and Zoning Deputy Director Ross responded to questions from Councilman Speck and Councilwoman Woodson, and they participated in the discussion.

City Council approved the Planning Commission recommendation. (Separate Motion)

5. Councilman Speck requested that the standard language about violations be added to Condition #10.

City Council approved the Planning Commission recommendation. (Separate Motion)

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation.

9. Councilman Speck requested that the standard condition which we impose that employees who drive to work must use off-street parking be added.

For the record, Cathy Puskar, 3422 Old Dominion Boulevard, attorney for the applicant, stated that the amendment to Condition #17 was a matter of some debate, but we did come to an agreement and were satisfied with the agreement.

City Council approved the Planning Commission recommendation. (Separate Motion)
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing on and Consideration of Report on the Closing of a Public Way Consisting of South Royal and South Streets, from Jones Point Drive to South Washington Street. (#14 12/11/01)

Transportation and Environmental Services Director Baier gave a brief overview and participated in the discussion on this item.

In response to Councilwoman Eberwein's question about delaying the formal vacation until such time as we can see the final effects, City Attorney Pessoa responded that Council has ample discretion to defer or deny the request for a vacation.

Members of Council, the City Manager, City Attorney and Transportation and Environmental Services Director Baier participated in the discussion on this matter and were joined by VDOT Project Manager Nicholson, Mr. Fadoul representing Saint Mary's School, and Mrs. Bolan, Saint Mary's principal.

City Council approved the temporary closure of South Street and South Royal Street, effective on or about January 14; the City will complete a turnaround at Jones Point Park Drive; after the temporary closure, VDOT will conduct actual traffic counts to assess the effects on Saint Mary's and on a.m. and p.m. commuter traffic prior to the formal vacation; Yates Gardens will be included in the turnaround discussions; and good-faith negotiations will occur between the representatives of Saint Mary's School, Virginia Department of Transportation, the Woodrow Wilson Bridge Design Center and City staff, on mitigating traffic impacts.
Council Action:_________________________________________________________

11. Public Hearing on and Consideration of Staff Recommendation Regarding the Installation of a Traffic Signal at the Intersection of North Patrick Street and Oronoco Street. (#13 12/11/01)

City Council authorized staff to install a traffic signal located at the intersection of North Patrick Street and Oronoco Street.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Without Objection, City Council considered docket item nos. 12 and 13 together and under one motion.

12. SPECIAL USE PERMIT #2001-0069
315 MADISON ST
FLATBREADS
Public Hearing and Consideration of a request for a special use permit to increase the indoor seating, to add outdoor seating, and to expand the hours of operation of an existing restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Ahmad Amarlooi.

COMMISSION ACTION: Recommend approval 7-0

13. ENCROACHMENT #2001-0007
315 MADISON ST
FLATBREADS

Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for restaurant seating; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Ahmad Amarlooi.

COMMISSION ACTION: Recommend denial 7-0

City Council upheld the Planning Commission with regard to SUP #2001-0069, deleting Condition #3, and with regard to the encroachment 2001-0007, upheld the staff's new recommendation as outlined in the December 12, 2001 memorandum. Those new conditions read as follows: "1. Outdoor seating is permitted which generally complies with the attached plan proposed by the applicant, which includes eight seats at four tables and plantings to include a large evergreen bush against the building plus planters, a low fence, and plantings at the perimeter of the outdoor dining area, all to the satisfaction of the Director of Planning and Zoning."; and "2. Must at all times keep at least four feet of the public sidewalk clear for pedestrian access."
Council Action:_________________________________________________________

14. SPECIAL USE PERMIT #2001-0061
4111 DUKE ST
DANCING PEPPERS

Public Hearing and Consideration of a special use permit review of restaurant; zoned CC/Commercial Community. Applicant: Grupo Dos Chiles, LLC, by Alfred W. Shriver, III.

COMMISSION ACTION: Recommend approval 7-0

City Council approved the Planning Commission recommendation, amended by changing the date in Condition #20 back to May 4, 2002, and on Condition #19, that negotiations will continue on the landscaping, but that it will include four trees.
Council Action:_________________________________________________________

15. SPECIAL USE PERMIT #2001-0065
2700 JEFFERSON DAVIS HY
AFGHAN RESTAURANT

Public Hearing and Consideration of a special use permit review and request to change the ownership and to increase the hours of operation of the restaurant; zoned I/Industrial. Applicant: Afghan Restaurant, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend approval 7-0

For the record, Mayor Donley commended Mr. Hart, attorney for the applicant, for working with the applicant to improve what was a tenuous situation for them six or seven months ago.

The applicant is no longer looking to expand the closing time and, therefore, is in agreement with the Planning Commission. Given that there will be a six-month review, the applicant can return at that time and ask for the expanded closing hour.

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

16. SPECIAL USE PERMIT #2001-0068
3100 JEFFERSON DAVIS HY
MARINO'S RESTAURANT

Public Hearing and Consideration of a request for a special use permit to extend the hours of operation and add outdoor seating to the existing restaurant; zoned CSL/Commercial Service Low. Applicant: Ather Subzwari.

COMMISSION ACTION: Recommend approval 7-0

On Condition #22 which requires the removal of two pay telephones, applicant agreed to provide staff with a copy of the contract, and he will remove the phones upon its expiration.

City Council approved the Planning Commission recommendation, as amended, with a one-year review for the sidewalk, asphalt and landscaping improvements, 2005 will be the date for the reduction of the sign's height [Condition #23], and removal of the pay phones will be required upon expiration of the contract [Condition #22].
Council Action:_________________________________________________________

Without Objection, City Council heard docket item nos. 17, 18 and 19 together but under separate motions.

17. MASTER PLAN AMENDMENT #2001-0002
REZONING #2001-0002
1407-1499 W BRADDOCK RD
[East of Fern Street, a portion of Blessed Sacrament Church property]
LINDSAY MOTOR CAR SERVICE

Public Hearing and Consideration of a request for amendment to the Fairlington/Bradlee Small Area Plan Chapter of the 1992 Master Plan to (1) change the land use designation from Institutional to CSL/Commercial Service Low, and (2) change the zoning from R-8/Residential to CSL/Commercial Service Low. Applicant: Lindsay Motor Car, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

City Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

18. MASTER PLAN AMENDMENT #2001-0003
REZONING #2001-0003
1601-1608 OSAGE ST & 1601-1609 PEACH ST
[Block bounded by Kenwood Avenue, Peach Street, Osage Street,
Fern Street (vacated) and Blessed Sacrament Church property]
LINDSAY MOTOR CAR SERVICE

Public Hearing and Consideration of a request for amendment to the Fairlington/Bradlee Small Area Plan Chapter of the 1992 Master Plan to (1) change the land use designation from OC/Office Commercial to CSL/Commercial Service Low, and (2) change the zoning from RB/Residential and OC/Office Commercial to CSL/Commercial Service Low. Applicant: Lindsay Motor Car, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

City Council approved the Planning Commission recommendation, as amended by the addition of the applicant's proffer "to develop the site to be rezoned in accordance with the development plan for the site approved with Development Special Use Permit No. 2001-0007."
Council Action:_________________________________________________________

19. DEVELOPMENT SPECIAL USE PERMIT #2001-0007
1407-1499 W BRADDOCK RD; 1525-1725 KENWOOD AV;
1605 FERN ST; 1602-1608 OSAGE ST; 1601-1609 PEACH ST.
[Area bounded by Kenwood Avenue, Peach Street,
Osage Street and Fern Street (vacated)]
LINDSAY MOTOR CAR SERVICE

Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct and operate an automobile sales and service facility, to include a parking deck and request for modifications; zoned R-8/Residential, with CSL/Commercial Service Low pending. Applicant: Lindsay Motor Car, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend approval 7-0

City Council approved the Planning Commission recommendation with the change as outlined in Mr. Middleton's memorandum of December 14, 2001, and the addition of the language "and the City's Planning Department" at the end of condition A1.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

20. Public Hearing, Second Reading and Final Passage of an Ordinance to amend the composition of the Sister Cities Committee to permit the School Board to designate either a board member or another representative to serve on the committee. (#17 12/11/01) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4229
Council Action:_________________________________________________________

21. Public Hearing, Second Reading and Final Passage of an Ordinance to provide for the assessment in adult criminal and juvenile traffic cases in the Alexandria Juvenile and Domestic Relations District Court of a $2.00 fee for the support of the courthouse and jail. (#18 12/11/01) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4230
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

None

The Meeting was adjourned at 1:28 p.m.

This docket is subject to change.

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