Action Docket for Public Hearing Meeting (05/12/2001)

Back to FY Dockets

Office of the City Clerk
May 12, 2001

All Persons, Including Applicants, Wishing
to Speak Before City Council Must Fill Out A
Speaker's Form (Which May Be Found in The
Rear of the Council Chamber) and Present It
to the City Clerk.

If you have a prepared statement, please present
it to the City Clerk.

Public Hearing Meeting
Saturday, May 12, 2001 - - 9:30 a.m.

* * * * *

OPENING

1. Calling the Roll.

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present with Councilwoman Pepper arriving at 9:40 a.m.
Council Action:_________________________________________________________

2. Public Discussion Period.

(a) Cathy Puskar, 3422 Old Dominion Boulevard, member, Youth Policy Commission, invited the public to attend a meeting to hear the results of the Developmental Asset Survey, a study of student health, behavior and attitudes, as well as to try to kickoff a community effort to become more involved with the well being and promotion of our youth. The meeting will be held on May 24, 2001, at 7:00 p.m., refreshments at 6:30 p.m., at the Minnie Howard Ninth Grade Center, 3801 West Braddock Road.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR(3-12)

Planning Commission

3. SPECIAL USE PERMIT #2001-0016
407 E BRADDOCK RD
SUBWAY RESTAURANT

Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation of a restaurant; zoned CSL/Commercial Service Low. Applicant: R. P. Kapani.

COMMISSION ACTION: Approved 7-0

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

4. SPECIAL USE PERMIT #2001-0018
4646 SEMINARY RD
F C HAMMOND MIDDLE SCHOOL

Public Hearing and Consideration of a request for a special use permit to add one trailer for classroom use; zoned R-8/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Approved 7-0

5. SPECIAL USE PERMIT #2001-0019
5700 SANGER AV
WILLIAM RAMSAY ELEMENTARY SCHOOL

Public Hearing and Consideration of a request for a special use permit extension for trailers for classroom use; zoned RA/Residential and POS/Public Open Space. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Approved 7-0

6. SPECIAL USE PERMIT #2001-0036
3330 KING ST
T C WILLIAMS HIGH SCHOOL

Public Hearing and Consideration of a request for a special use permit to add one trailer for classroom use; zoned R-20/Residential. Applicant: Alexandria City Public Schools, by Mark F. Krause.

COMMISSION ACTION: Approved 7-0

7. SPECIAL USE PERMIT #2001-0022
4553 DUKE ST
FOXCHASE SHOPPING CENTER
SUBWAY RESTAURANT

Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Subway Real Estate Corporation, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Approved 7-0

8. SPECIAL USE PERMIT #2001-0028
710 - 714 KING ST

Public Hearing and Consideration of a request for a special use permit to change the ownership of a restaurant; zoned CD/Commercial Downtown. Applicant: 710 King Street LLC, by Mustapha Meliani.

COMMISSION ACTION: Approved 7-0

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

9. DEVELOPMENT SPECIAL USE PERMIT #2001-0005
3625 JEFFERSON DAVIS HY
POTOMAC YARD CENTER
HOPS RESTAURANT

Public Hearing and Consideration of a request for a development special use permit amendment to allow off-premises sales of beer manufactured on the premises, and to extend the hours of operation of a restaurant; zoned CDD-10/Coordinated Development District, Potomac Yard/Greens. Applicant: Hops of Virginia Ltd., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Approved 7-0

10. ENCROACHMENT #2001-0002
210 WILKES ST

Public Hearing and Consideration of a request for encroachment into the public sidewalk right-of-way for an entrance stoop and stairs. zoned RM/Residential. Applicant: Russell and Sally Murray, by James W. Ritter, architect.

COMMISSION ACTION: Approved 7-0

11. SPECIAL USE PERMIT #2001-0009
2762 DUKE ST
GREATER SHILOH BAPTIST CHURCH

Public Hearing and Consideration of a request for a special use permit for a parking reduction for a church; zoned CG/Commercial General. Applicant: Greater Shiloh Baptist Church, by Diane Alvin.

COMMISSION ACTION: Approved 7-0

12. SPECIAL USE PERMIT #2001-0024
3701 MT VERNON AV
(Birchmere Building)

Public Hearing and Consideration of a request for a special use permit to operate a private school; zoned CDD-6/Coordinated Development District, Arlandria Center/Berkey Photo. Applicant: The Child and Family Network Centers, by Duncan W. Blair, 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. 8 and 11 which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. Councilman Speck directed questions to Deputy Director of Planning and Zoning Ross with respect to combining the two separate permits into one and which now creates a single, much larger, restaurant.

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

9. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

11. Members of City Council, Deputy Director of Planning and Zoning Ross, and Mr. Riegle, attorney for the applicant, participated in a discussion on this item.

Councilman Speck stated his interest to the church and to City staff that if it looks like the shuttle system is not as ideal as hoped, that the City will take a look at something, that might have only a Sunday utilization, that might help to get pedestrians back and forth across the street.

Mayor Donley expressed concern about the agreement that the church has with the medical complex across the street, which is a one-year agreement, and if that agreement goes away after one year, there's a major problem particularly if they own the site. They are going to have to find a way to make it work, and clearly there is not sufficient parking nearby or on the south side of Duke Street in that regard.

Councilman Euille noted that off of Roth Street there is a warehouse building that is currently being occupied by a business, and they have created some additional parking. He queried the attorney for the applicant if he has approached them to possibly lease some spaces on Sundays.

Greg Riegle, attorney for the applicant, indicated that they have considered all of the very legitimate concerns that Council has raised, particularly the Mayor's. He expressed that the Mayor is correct that they are acquiring the property, and that they are the ones sitting in the position of risk as much as anyone, owning the building and improving it. The church's ultimate goal is to acquire an ownership interest in property. The staff has correctly summarized the nature of the relationship with the medical plaza which has since strengthened their letters indicating the year-by-year renewal is simply to account for the maintenance costs and not any intent to pull it back. We understand the risk. We respect the risk.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

Mr. Riegle stated that they have talked with the warehouse provider suggested by Councilman Euille, and at this point in time, they were unwilling to enter into an agreement, but they have left the door open. He stated for the record that he understands Council's concerns. They are acutely aware of them.

Councilwoman Pepper asked whether the no parking sign on Witter Drive could be removed. She also questioned whether the church had explored parking at the Fruit Growers parking lot at the very end of Witter Drive.

Mr. Riegle indicated that they have not, but certainly the church will follow-up on that.

Mr. Riegle stated for the record that the church is happy to work with the City to try to facilitate a crosswalk for pedestrian traffic, and have made the offer to fund it, if necessary.

With respect to the shuttle, Mr. Riegle further explained that the church parishioners will drop off their guests so that you do not have the entire car trying to get back across the street. There will be three shuttles. The church will staff it with people with two-way radios in all places both to discourage people from crossing the street and to ensure that everything is moving accordingly.

Councilwoman Woodson suggested using the ARHA parking lot and perhaps on Sundays, Witter Drive could allow parking.

City Engineer Baker will take a look at Witter Drive to see about the width restrictions and if it's possible to allow parking on it and report back.

Planning and Zoning Deputy Director Ross reported that the applicant already has an agreement with ARHA with respect to parking.

Councilman Euille questioned the use of the church for funeral services.

Mr. Riegle stated that the church's representative indicated to him that funeral services would not be in the first phase of its development, but maybe in subsequent phases. Operationally, what the church has committed to do is any time someone schedules an event at the church, they have to coordinate with the parking coordinator so the shuttle can be up and running. He further represented that the funerals could not occur during the week days simply because the agreements with Alexandria Medical Plaza don't allow that and that's just a reality until a permanent solution is found.

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

12. Councilwoman Pepper expressed, after the action consent calendar was adopted, her concern about how persons dropping their children off would turn around and exit.

Attorney Blair responded that you would continue behind the building where there is a loop to turn around.

Councilwoman Pepper stated to staff that the arrangements for the playground are critical and are a very important component of whether or not this works. If playgrounds are too far from this facility, particularly in winter, the children will not get out. I know it has been left up to the staff to make sure that there are adequate play areas, and in the future, she would like to see that worked out a little better before it comes to Council. It is just too big of a component to be left dangling.

Attorney Blair noted that the Early Childhood Development is now accepting of the proposal. In fact, he has a scheme that he is going to try to work with an adjacent owner as dedicated property to the Chesapeake Bay open space which is right next to it and would be a very good shared use, and maybe increase their corporate image. This is well under control.

City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR
Council Action:_________________________________________________________

New Business Item No. 1: Mayor Donley recognized a number of students from Bishop Ireton who are in attendance for an assignment of their government class.

* * * * *

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

13. Public Hearing on the Draft One-Year Action Plan of the Consolidated Plan for Housing and Community Development for the Period July 1, 2001 - June 30, 2002.

Jan L. Landskroner, 622 North Howard Street, #103, spoke to the goals and encouraged the City to continue to preserve the 423 subsidized units at Fox Chase; a copy of Ms. Landskroner's statement is on file in the office of the City Clerk.

Members of City Council participated in the discussion and directed questions to Director of Housing Davis.

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)

City Council held and concluded the public hearing on the Draft One-Year Action Plan for Housing and Community Development for FY 2002, which includes the City's application for Federal Fiscal Year 2001 funding for $1,243,000 in Community Development Block Grant (CDBG) monies and $672,000 in Home Investment Partnerships Program (HOME) monies; and docketed the Action Plan and Community Development block Grant and Home Investment Partnerships Program applications for final Council approval on May 22, 2001.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

14. DEVELOPMENT SPECIAL USE PERMIT #2000-0051
124 S WEST ST

Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct an office building, with waiver of zone transition setback requirement, increase in permitted floor area ratio and modification to crown coverage requirements; zoned CD/Commercial Downtown. Applicant: Riverport Land Company, by Duncan W. Blair, attorney. (#9 4/21/01)

COMMISSION ACTION: Recommend Denial 3-3-1

City Council overturned the Planning Commission recommendation and approved the application with all original staff recommendations, intact, subject to the alley agreements as outlined in the exchange of letters dated May 8 and May 9, 2001, between Duncan Blair and Skip Maginniss, and with a requirement that the developer at least explore with the Upper King Street Civic Association, the potential of siting a bench in the pedestrian plaza.
Council Action:_________________________________________________________

15. SPECIAL USE PERMIT #2001-0014
1104 QUEEN ST
LEVI'S RESTAURANT

Public Hearing and Consideration of a special use permit review for a restaurant; zoned CD/Commercial Downtown. Applicant: Levi T. Durham, Jr.

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation with the following amendments: amended condition #25 by changing one year to ninety days, which condition now reads as follows: "25. The applicant shall screen the dumpster within ninety days of approval to the satisfaction of the Director of Planning and Zoning."; and added the staff note as condition #26 which reads: "26. Meals ordered before the closing hour may be served, but no new patrons may be admitted after the closing hour, and all patrons must leave by one hour after the closing hour."
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

16. SPECIAL USE PERMIT #2001-0017
1225 POWHATAN ST

RUFFINO'S RESTAURANT

(Dixie Pig Restaurant site)

Public Hearing and Consideration of a request for a special use permit for a nonconforming restaurant use; zoned RB/Residential. Applicant: Robin Gamzeh and Romas Inc., trading as Ruffino's.

COMMISSION ACTION: Recommend Approval 5-1-1

City Council held the public hearing.

City Council deferred this to the first legislative meeting in June and asked the neighbors and the applicant to take one more crack at seeing whether they can work out any details.
Council Action:_________________________________________________________

17. SPECIAL USE PERMIT #2001-0021
3112-3114 MT VERNON AV
VILLAGE IL PORTO RISTORANTE
(former John's Pizza Restaurant)

Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Village Il Porto Inc., by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation with an amendment to condition no. 4 changing the hours of operation on Friday and Saturday night to 1:00 a.m.
Council Action:_________________________________________________________

18. SPECIAL USE PERMIT #2001-0020
1508 MT VERNON AV
MANCINI'S RESTAURANT

Public Hearing and Consideration of a request for a special use permit for intensification to allow on-premise alcohol sales and to extend the hours of operation for a restaurant; zoned CL/Commercial Low. Applicant: Barbara Mancini.

COMMISSION ACTION: Recommend Denial 7-0

Councilman Speck requested Planning and Zoning Director Fogarty to take a new and fresh look at the whole matter of defining closing hours.

City Council overturned the Planning Commission and approved the application, with the following amendments: amended condition no. 5 by striking the words "including loading and unloading,"; amended condition no. 16 to read: "16. Loading or unloading shall only occur between 6 a.m. and 10 p.m., and no loading or unloading shall occur from the City right-of-way unless authorized by staff." ; staff is to include some language in condition no. 26 that says something to the effect: "that if the director has received a request from any person to docket the permit for review, it should be as a result from a complaint that rises to the level of a violation."; amended condition no. 28 to read: "The dumpster shall be located adjacent to the building as depicted on the plat referenced in Ordinance #4048 and shall be completely screened from public review to the satisfaction of the Director of Planning and Zoning, with the requirement that the dumpster be serviced at least three times a week."; and added the staff note as condition no. 29 which reads: "29. Meals ordered before the closing hour may be served, but no new patrons may be admitted and no alcoholic beverages may be served after the closing hour, and all patrons must leave by one hour after the closing hour."
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

19. Public Hearing, Second Reading and Final Passage of An Ordinance authorizing the Issuance of General Obligation Capital Improvement Bonds for Various Public Improvements in the estimated maximum amount of $54,500,000; and providing for reimbursement to the City of Alexandria from Bond Proceeds. (#16 4/10/01) [ROLL-CALL VOTE]

City Council passed the Ordinance on its Second Reading and Final Passage.
ORD. NO. 4198
Council Action:_________________________________________________________

20. Public Hearing, Second Reading and Final Passage of an ordinance to add a new Section 5-8-117 to the City Code to revise the procedures for approval, in residential areas, of on-street parking spaces reserved for the use of persons with disabilities. (#17 5/8/01) [ROLL-CALL VOTE]

City Council passed the Ordinance on its Second Reading and Final Passage.
ORD. NO. 4199
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS (continued)

21. Public Hearing, Second Reading and Final Passage of an ordinance to amend Section 9-12-132 of the City Code to increase taxicab fares. (#18 5/8/01) [ROLL-CALL VOTE]

City Council closed the public hearing, deferred Second Reading and Final Passage to the May 22, 2001 Legislative Meeting, and designated two Members of City Council, i.e., Vice Mayor Cleveland and Councilwoman Woodson, to work with the City Manager to determine whether a task force is necessary and, if so, what the scope of the task force work would be.
City Council ___________________________________________________________

22. Public Hearing, Second Reading and Final Passage of an ordinance to amend Section 10-2-7 of the City Code to authorize the Director of Transportation and Environmental Services to establish certain types of electrically operated traffic signals or devices. (#19 5/8/01) [ROLL-CALL VOTE]

City Council passed the Ordinance on its Second Reading and Final Passage.
ORD. NO. 4200
Council Action:_________________________________________________________

23. Public Hearing, Second Reading and Final Passage of an ordinance to add a new Section 10-4-44 to the City Code to increase the fine for parking in an HOV lane during restricted hours from $35.00 to $50.00. (#20 5/8/01) [ROLL-CALL VOTE]

City Council passed the Ordinance on its Second Reading and Final Passage.
ORD. NO. 4201
Council Action:_________________________________________________________

24. Public Hearing, Second Reading and Final Passage of an ordinance to extend for one year the telecommunication franchise which authorizes use of the public rights-of-way by Verizon. (#21 5/8/01) [ROLL-CALL VOTE]

City Council passed the Ordinance on its Second Reading and Final Passage.
ORD. NO. 4202
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (25-30)

Planning Commission (continued)

25. DEVELOPMENT SPECIAL USE PERMIT #2000-0032
5010 DUKE ST
CAMERON STATION - PHASE V

Public Hearing and Consideration of a request for a development special use permit amendment to remove the area west of Tancretti Lane from the Phase V plan; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates LLC, by David T. McElhaney, engineer.

COMMISSION ACTION: Deferred 7-0

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Planning Commission (continued)

26. DEVELOPMENT SPECIAL USE PERMIT #2000-0031
450 FERDINAND DAY DR
ARCHSTONE - CAMERON STATION (Phase VI)

Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct apartment buildings; zoned CDD-9/Coordinated Development District. Applicant: Archstone Communities Trust, by Anthony C. Morse, engineer, and Jonathan Rak, attorney.

COMMISSION ACTION: Deferred 7-0

27. SPECIAL USE PERMIT #2000-0085
450 FERDINAND DAY DR
ARCHSTONE - CAMERON STATION

Public Hearing and Consideration of a request for a special use permit amendment to the Cameron Station transportation management plan (TMP) to incorporate the site area of the proposed apartment buildings; zoned CDD-9/Coordinated Development District. Applicant: Archstone Communities Trust, by Anthony C. Morse, engineer, and Jonathan Rak, attorney.

COMMISSION ACTION: Deferred 7-0

28. VACATION #2001-0001
706-708 MONTGOMERY ST

Public Hearing and Consideration of a request for vacation of the public alley and court rights-of-way; zoned CD-X/Commercial Downtown. Applicant: Rafat Mahmood, by Duncan W. Blair, attorney; and appointment of viewers for same.

COMMISSION ACTION: Deferred (Applicant's Request)

29. MASTER PLAN AMENDMENT #2001-0001
REZONING #2001-0001
2111 & 2121 EISENHOWER AV;
2320 MILL RD
EISENHOWER CENTER

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 land use designation and zoning from OCM-100/Office Commercial Medium to OCH/Office Commercial High. Applicant: Simpson Development Company Inc., Simpson Mill Road Family Partnership, and Eisenhower Avenue Limited Partnership, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred 7-0

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Board of Architectural Review, Old and Historic District

30. CASE BAR-2000-0081
619 SOUTH SAINT ASAPH STREET
Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on March 21, 2001, denying a portion and deferring a portion for restudy, of a request for approval of driveway gates at 619 South Saint Asaph Street, zoned RM Residential, will be heard. APPLICANT AND APPELLANT: Linda White.

BOARD ACTION: Denied portion, deferred portion for restudy 4-1

The applicant/appellant has requested that this appeal be deferred to the October 13, 2001 Public Hearing Meeting.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_________________________________________________________

The Meeting was adjourned at 2:15 p.m.

* * * * *

Public Notice

The Members of Council will attend the Affordable Housing Summit on Saturday, May 19, 2001, at 8:30 a.m. to 3:00 p.m., at the Radisson Hotel, 901 North Fairfax Street, Alexandria, Virginia.

Copies of the Executive Summary and the Interim Report of the Affordable Housing Task Force are available from the Office of Housing (703)838-4990. To Register for the Housing Summit, please call (703)838-4800.

* * * * *

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. Meeting materials are also available on-line at https://alexandriava.gov/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.

* * * * *