Meeting Minutes for Special Public Hearing Meeting (03/21/2000)

Special Public Hearing Meeting
Tuesday, March 21, 2000 - - 5:00 p.m.

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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mr. Sunderland, City Manager; Mr. Pessoa, Acting City Attorney; Ms. Evans, Assistant City Manager; Ms. Steele, Deputy City Manager; Mr. Sanderson, Director of Real Estate Assessments; Mrs. Godwin, Director of Management and Budget; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Plemmer, Assistant City Manager; Mr. Jinks, Director of Financial and Information Technology Services; Mr. Baier, Director of Transportation and Environmental Services; Mr. Ruller, Deputy Director of Transportation and Environmental Services; Ms. Whitmore, Director of Recreation, Parks and Cultural Activities; Fire Chief Hawkins; Mr. Skrabak, Chief, Environmental Health; and Lieutenant Butler, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.

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OPENING

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

(It was noted that a Notice of this Special Meeting had been previously served upon each Member of Council pursuant to a provision of the City Charter, a copy of the Notice certified by each Member of Council being on file in the office of the City Clerk and Clerk of Council.)

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Councilman Cleveland stated for the record that he owns a condominium unit in one of the Carlyle Towers buildings located in the Carlyle development. It is conceivable that the property that he owns, as well as the property that many others own who reside at Carlyle Towers, could be affected by Council's decision on the PTO project. He indicated that he may have, therefore, what the Virginia Conflict of Interest laws refer to as a "personal interest" in the PTO matters. Nonetheless, he believes that he is able to participate in these PTO matters fairly, objectively, and in the public interest, and because of this he does intend to participate in these matters.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTTEES

Planning Commission

The City Clerk read docket item nos. 2 through 6.

2. MASTER PLAN AMENDMENT #99-0014 -- REZONING #99-0014 -- TEXT AMENDMENT #2000-004 -- 1950 DUKE ST -- CARLYLE SITE - PTO PROPOSAL

UPDATES FROM MARCH 9, 2000 PLANNING COMMISSION MEETING

Public Hearing and Consideration of a request for amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan to change the Coordinated Development District guidelines Duke Street Coordinated Development District and an amendment to Section 5-602(A) of the Zoning Ordinance to reflect the master plan change. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Adopted resolution to recommend approval. 5-1

3. DEVELOPMENT SPECIAL USE PERMIT #99-0055 -- DEVELOPMENT SPECIAL USE PERMIT #99-0056 -- 1950 DUKE ST -- CARLYLE SITE - PTO PROPOSAL -- Public Hearing and Consideration of a request for amendment to the Carlyle development plan; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Adopted resolution to recommend approval. 5-1

4. VACATION #99-0006 -- 1950 DUKE ST -- CARLYLE SITE - PTO PROPOSAL -- Public Hearing and Consideration of a request for a vacation of the public right-of-way easements; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney; and appointment of viewers for same.

COMMISSION ACTION: Adopted resolution to recommend approval. 5-1

5. TEXT AMENDMENT #2000-006 -- COORDINATED DEVELOPMENT DISTRICT HEIGHT -- Public Hearing and Consideration of an amendment to Section 12-600(B)(5) of the zoning ordinance to allow changes to a CO special use permit in a coordinated development district in order to allow an increase in height for the Patent and Trademark Office (PTO) building at Carlyle.

COMMISSION ACTION: Adopted resolution to recommend approval. 5-1

6. ENCROACHMENT #2000-0001 -- 1950 DUKE ST -- BALLENGER AV AND DULANY ST -- CARLYLE SITE - PTO PROPOSAL -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for overhead sidewalks; zoned CDD-1/Coordinated Development District, Duke Street. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Without objections, withdrawn by applicant.

(Material pertaining to the above items is on file in the office of the City Clerk and Clerk of Council and incorporated as part of the record.)

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

Jonathan Rak, 11320 Random Hills Road, #600, Fairfax, VA, presented the applications and spoke in support;

Q. Todd Dickinson, 2022 Crystal Drive, 9th Floor, Arlington, VA, Assistant Secretary of Commerce, representing the U.S. Patent and Trademark Office;

Lisle Rippard, 765 North Van Dorn Street, Alexandria, contractor at the Patent and Trademark Office;

Andrew MacDonald, 1313 Bayliss Drive, spoke against; a copy of his statement is on file in the office of the City Clerk and Clerk of Council and is incorporated herewith as part of the record;

Rae Noritake, 605 Prince Street, spoke in support;

Jim McIntyre, 6022 Morgan Court, representing the Budget and Fiscal Affairs Advisory Committee, spoke in support;

Alan Rudd, 2121 Jamieson Avenue, representing the Carlyle-Eisenhower Citizens Association, spoke against;

Pamela T. Oerth, 807 N. Howard Street, #412, spoke in support;

Bryant Mitchell, 324 Commerce Street, spoke in support;

Elizabeth Rudd, 2121 Jamieson Avenue, representing Carlyle-Eisenhower Citizens Association, spoke against;

Allen Kamerow, 2121 Jamieson Avenue, representing Carlyle-Eisenhower Citizens Association, spoke against;

Dick Walker, 801 North Fairfax Street, representing the Chamber of Commerce, spoke in support;

Morton Cohen, 2151 Jamieson, representing Carlyle-Eisenhower Citizens Association, spoke against;

Barry Schiftic, 1301 Hancock Avenue, representing the Alexandria Police Association, spoke in support;

Bob Zsalman, 2121 Jamieson Avenue, representing Carlyle-Eisenhower Citizens Association, spoke against;

Lynn Hampton, 801 North Fairfax Street, representing the Chamber of Commerce, spoke in support;

Bill Harvey, 2151 Jamieson Avenue, representing Carlyle-Eisenhower Citizens Association, spoke against;

Audrey Williams, 801 North Fairfax Street, representing the Chamber of Commerce, spoke in support;

Mary Davis Holt, 801 North Fairfax Street, representing the Chamber of Commerce, spoke in support;

Katy Cannady, 20 East Oak Street, spoke against; a copy of her statement is on file in the office of the City Clerk and Clerk of Council and is incorporated herewith as part of the record;

Jim Fowler, 1071 Palmer Place, representing Potomac West Business Association, spoke in support;

Howard Friedman, 10900 Forest Ridge Terrace, North Potomac, MD, representing the NTEU Chapter #245, which represents the trademark attorneys at PTO, spoke in support;

Frances Michalkewicz, 1071 Palmer Place, acting comptroller, PTO, spoke in support;

Debra Johnson, 515-5 Bashford Lane, representing NOTIC, spoke against;

Bernard Fagelson, Key Drive, spoke in support;

Jo-Anne Barnard, 419 South Saint Asaph Street, representing PTO real estate division, spoke in support;

Poul Hertel, 1217 Michigan Court, president, Northeast Citizens Association, spoke against;

Benj Farmery, 420 North Van Dorn Street, representing Alexandria Hotel Suites, spoke in support;

Donald Simpson, Sr., 2121 Eisenhower Avenue, spoke in support;

Lillie Finklea, 1210 Franklin Street, representing the Southwest Quadrant Citizens Association, spoke against;

Jim Barnard, 419 South Saint Asaph Street, spoke in support;

Angela Sullivan, 136 Harvey Road, Londonderry, NH, representing Casper Properties, spoke in support;

Leilea Goodman, 2151 Jamieson Avenue, #1109, spoke against;

Michael V. Jennings, 10 Potomac Court, spoke in support;

Connie West, 200 North Pickett Street, spoke in support;

Jane Starkey, 2121 Jamieson Avenue, #1903, spoke against;

Jim Scott, 2918 Landover Street, spoke;

Jay Parker, 101 North Union Street, spoke in support;

Nancy L. Hankin, 1200 Braddock Place, #705, representing PTO, spoke in support;

Mantill Williams, 1420 West Abingdon Drive, #310, spoke in support;

Van VanFleet, 26 Wolfe Street, spoke against;

Lloyd Martin, 2218 Mount Vernon Avenue, Potomac West Business Association, spoke in support;

Melvin T. White, 11305 Wycombe Park Lane, PTO employee, representing NTEU Chapter #243, spoke in support;

Barbara Brecher, 125 North Payne Street, representing KSMET, spoke in support;

Fred Scheller, 4701A Eisenhower Avenue, spoke in support;

Sharon Hodges, 2121 Eisenhower Avenue, representing the Eisenhower Avenue Public/Private Partnership, spoke in support;

Robert Jordan, 2121 Jamieson Avenue, #1209, representing the Carlyle-Eisenhower Civic Association, spoke against;

Allen Lomax, 5021 Seminary Road, #730, spoke in support;

Katherine Jordan, 2121 Jamieson Avenue, #1209, representing the Carlyle-Eisenhower Civic Association, spoke against and presented a petition and clippings for the record, which are on file in the office of the City Clerk and Clerk of Council and incorporated herewith as part of the record;

Pete Gartlan, 10 West Cedar Street, spoke in support;

Sallie M. Craft, 1250 South Washington Street, representing the Alexandria Branch of the NAACP, spoke in support;

Andrew A. Viola, 2901 Russell Road, spoke in support;

Judy Miller, 507 North View Terrace, president, Rosemont Citizens Association, spoke against and expressed concerns about traffic;

Roland Gonzales, 4914 Gardner Drive, president, Cameron Station Citizens Association, spoke in support;

Nicholas Godici, 100 block of North Columbus Street, spoke in support;

Marguerite Lang, 14 West Rosemont Avenue, requested a deferral due to pending lawsuits and the need for full-service access to the Beltway;

Diane L. Charles, 1065 North Paxton Street, spoke in support;

Patty Hulvershorn, 3331 Duke Street, spoke to deferral until after May 2;

Martha Welch, 1604-A Hunting Creek Drive, representing Northeast Citizens Association, spoke against;

William Garrison, 2151 Jamieson Avenue, spoke to a development that LCOR is involved with in Durham, NC, in conjunction with the Veterans’ Administration Hospital, and urged Council to defer its decision on this until the issue of real estate taxes can be addressed;

Sherry Brown, 1600 Prince Street, Unit 603, spoke in support;

Gordon Bratz, 1203 Wilkes Street, president, Old Town Village Homeowners' Association, spoke in support of a 90-day deferral;

Sara Harris, 2121 Jamieson Avenue, spoke against;

Jerry Price, 245 Somerville Street, spoke in support;

Charles Hansen, 307 Russell Road, expressed concern about increased traffic and submitted photographs for the record, which are on file in the office of the City Clerk and Clerk of Council and incorporated herewith as part of the record;

William Shuyler, 4848 Maury Lane, spoke in support;

Paul C. Norman, Jr., 3817 Courtland Circle, spoke in support;

Walter Lander, 1116 Saint Stephens Road, spoke against; a copy of his statement is on file in the office of the City Clerk and Clerk of Council and is incorporated herewith as part of the record;

Charles Wayne, 804 Beverley Drive, spoke in support;

Robert Peavey, 1250 South Washington Street, Suite 802, spoke against;

Stewart Schwartz, 1415 Oronoco Street, representing the Coalition for Smarter Growth, spoke in support with preserving the option for design changes and addressing significant needs for transportation solutions for Alexandria;

Aaron Liebert, 2201 Mill Road, representing JPI Apartment Development, spoke in support;

Julie Crenshaw, 816 Queen Street, spoke against;

Bill Dickinson, 805 Quaker Lane, representing Seminary Hill Association, expressed concerns about traffic; the parking garages; payment in lieu of taxes; construction of the flyover to the Beltway before PTO is occupied; and indicated that progress is being made and we are moving in the right direction;

Mark S. Feldheim, 1215 Prince Street, president, Old Town Civic Association, expressed concerns about traffic;

Steve Etminani, 1626 East Jefferson Street, Rockville, MD, representing Post Properties, spoke in support;

Ellen Pickering, 103 Roberts Lane, spoke against;

Al Collins, 421 East Alexandria Avenue, spoke in support;

Judy McVay, 207 North Columbus Street, spoke against; and

Lori Arrosmith Quill, 206 East Spring Street, spoke in support, addressed the design and aesthetic issues of the project, and suggested the expansion of the Carlyle Design Review Board to include a representative from the City planning or architectural staff and to include an architectural representative that is knowledgeable of Carlyle and of Alexandria to that Board so that important design issues can be reinforced.

The public hearing was concluded.

WHEREUPON, a motion was made by Councilman Speck, seconded by Vice Mayor Euille that City Council (1) approve the Master Plan Amendment adopted by the Planning Commission in Commission Resolution MPA 99-0014; (2) approve the amendment to Section 5-602(A) of the Zoning Ordinance, and the portion of Table 1 in said section relating to CDD No. 1, Duke Street, to provide that a maximum height of up to 217 feet shall be permitted for one building for the United States Patent and Trademark Office, as recommended by the Planning Commission; (3) approve Special Use Permits 99-0055 and 99-0056, as recommended by the Planning Commission, which permit amendments to the current special use permit and plan of development for the Carlyle site, including: (a) the amendments to the conditions in the current special use permit; (b) the amendments to the design guidelines which are part of the Carlyle plan of development; (c) the amendments to the preliminary site plans and landscape plan which are part of the Carlyle plan of development; and (d) the amendments to the executive summary portion of the Carlyle plan of development; (4) approved the vacation of certain street, subsurface, and air right easements in Vacation #99-0006, as referenced in the Planning Commission action on the vacation and subject to the conditions recommended by the Planning Commission, and that the Mayor be authorized to appoint viewers for same, who are to report back to the Council; the Mayor subsequently appointed Warren Almquist, Chair, and Ruby Tucker and Katrine Fitzgerald as Viewers; and (5) approved the amendment to Section 12-600(B)(5) of the Zoning Ordinance to allow changes to a CO special use permit in a coordinated development district, to allow an increase in height consistent with the CDD zone regulations, as recommended by the Planning Commission;

There was a discussion on the motion and the Members of Council made remarks concerning the PTO moving to Alexandria.

Vice Mayor Euille offered an amendment to include in the motion that City Council refer to the City Manager, with a request that a staff recommendation come back to Council for implementation, a proposal that a special "Task Force on Traffic and Parking" be created for the purpose of working to address major parking and traffic concerns citywide, with particular emphasis on the areas of Old Town, Inner City, Rosemont and Del Ray. Study tasks, with the assistance of outside expertise, will include street patterns, traffic flows, signage, parking garages, infrastructure, etc. Proposed membership will consist of representatives from City Council, Planning Commission, Traffic and Parking Board, citizens-at-large and City staff.

Council Member Walker requested that the following amendment be added to the motion: condition: "#109. In addition to the requirements of the Transportation Management Plan for Carlyle, the applicant or its successor in interest to the PTO property shall, within six months of approval of the SUP, initiate contact with, and shall thereafter use its best, good faith efforts to work with city staff, WMATA, the Virginia and Maryland Secretaries of Transportation, the developer of National Harbor, other local governments and interested parties, to develop and implement a transportation plan for public transit service across the Woodrow Wilson Bridge, from the Branch Avenue Metro Station (opening 2001) to the Eisenhower Avenue Metro Station, with service stops at National Harbor, PTO, and other appropriate locations. Such service should be operational using buses, at the time of occupancy of the first PTO building, if feasible, and service should eventually be provided by light or heavy rail. This condition does not require the applicant to fund such transit service.

Both of the above amendments were accepted by the maker and seconder of the motion.

With respect to Vice Mayor Euille's suggestion, Councilman Speck indicated that the City Manager will come back with a recommendation that will focus initially on the PTO and Carlyle Development.

As suggested by Lori Quill, Mayor Donley requested that the Carlyle Design Review Board's membership be increased to include someone from planning or architectural staff as well as an architect who is familiar with the Carlyle project and with Alexandria to provide more support in reviewing any design changes for Carlyle.

Mayor Donley directed questions to City Manager Sunderland regarding Mr. Garrison's testimony with respect to payment in lieu of real estate taxes.

Council Member Rich suggested that the parking garage might be disguised by painting it green or with some type of art.

Councilman Cleveland and Councilwoman Pepper expressed their views with respect to not favoring the motion.

WHEREUPON, Council returned to the original motion, as amended, which was made by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 5-to-2, City Council (1) approved the Master Plan Amendment adopted by the Planning Commission in Commission Resolution MPA 99-0014; (2) approved the amendment to Section 5-602(A) of the Zoning Ordinance, and the portion of Table 1 in said section relating to CDD No. 1, Duke Street, to provide that a maximum height of up to 217 feet shall be permitted for one building for the United States Patent and Trademark Office, as recommended by the Planning Commission; (3) approved Special Use Permits 99-0055 and 99-0056, as recommended by the Planning Commission, which permit amendments to the current special use permit and plan of development for the Carlyle site, including: (a) the amendments to the conditions in the current special use permit; (b) the amendments to the design guidelines which are part of the Carlyle plan of development; (c) the amendments to the preliminary site plans and landscape plan which are part of the Carlyle plan of development; and (d) the amendments to the executive summary portion of the Carlyle plan of development with the following additional condition: "#109. In addition to the requirements of the Transportation Management Plan for Carlyle, the applicant or its successor in interest to the PTO property shall, within six months of approval of the SUP, initiate contact with, and shall thereafter use its best, good faith efforts to work with city staff, WMATA, the Virginia and Maryland Secretaries of Transportation, the developer of National Harbor, other local governments and interested parties, to develop and implement a transportation plan for public transit service across the Woodrow Wilson Bridge, from the Branch Avenue Metro Station (opening 2001) to the Eisenhower Avenue Metro Station, with service stops at National Harbor, PTO, and other appropriate locations. Such service should be operational using buses, at the time of occupancy of the first PTO building, if feasible, and service should eventually be provided by light or heavy rail. This condition does not require the applicant to fund such transit service."; (4) approved the vacation of certain street, subsurface, and air right easements in Vacation #99-0006, as referenced in the Planning Commission action on the vacation and subject to the conditions recommended by the Planning Commission, and that the Mayor be authorized to appoint viewers for same, who are to report back to the Council; the Mayor subsequently appointed Warren Almquist, Chair, and Ruby Tucker and Katrine Fitzgerald as Viewers; and (5) approved the amendment to Section 12-600(B)(5) of the Zoning Ordinance to allow changes to a CO special use permit in a coordinated development district, to allow an increase in height consistent with the CDD zone regulations, as recommended by the Planning Commission; and in addition, City Council referred to the City Manager, with a request that a staff recommendation come back to Council for implementation, a proposal that a special "Task Force on Traffic and Parking" be created for the purpose of working to address major parking and traffic concerns citywide, with particular emphasis on the areas of Old Town, Inner City, Rosemont and Del Ray. Study tasks, with the assistance of outside expertise, will include street patterns, traffic flows, signage, parking garages, infrastructure, etc. Proposed membership will consist of representatives from City Council, Planning Commission, Traffic and Parking Board, citizens-at-large and City staff. The voting was as follows:

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

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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilman Speck and carried unanimously, at 10:25 p.m., the Special Public Hearing Meeting of Tuesday, March 21, 2000, was adjourned. The voting was as follows:

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

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APPROVED BY:

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KERRY J. DONLEY MAYOR

ATTEST:

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Beverly I. Jett, CMC City Clerk

CORRESPONDENCE

CORRESPONDENCE

CORRESPONDENCE

CORRESPONDENCE

CORRESPONDENCE

CORRESPONDENCE

BLOCK GUIDELINES

PTO TELEPHONE LOGS

TABLE OF CONTENTS: ECONOMIC & FISCAL IMPACT STUDIES
DEVELOPMENT SUP #99-0056

EXHIBITS 1, 2 & 3;
APPENDICES A, B & C & EXHIBITS

APPENDIX D: EXHIBITS D-1 & D-2

APPENDIX E & EXHIBITS; APPENDIX F

PTO AT CARLYLE FACT SHEETS

CORRESPONDENCE

CARLYLE-EISENHOWER CIVIC ASSOCIATION
STATEMENTS OF POSITION

NEWSPAPER ARTICLES

This docket is subject to change.

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

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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.

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