Action Docket for Public Hearing Meeting (03/17/2001)

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Office of the City Clerk
March 19, 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, March 17, 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 City Clerk called the Roll; all Members of City Council were present.
Council Action:_________________________________________________________

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

(a) James Levingood, 17 Wharf Street, raised concerns with respect to the City Manager's proposed budget.

In addition, Mr. Levingood indicated that even though parking tickets which he has received have been dismissed by the Adjudication Office, he continues to receive calls from the City saying they are still outstanding.

City Manager Sunderland reported that this issue will be resolved.

(b) Laureen Lazorovic, 3805 Mount Vernon Avenue, #5, representing the Northern Virginia Living Wage Coalition, thanked the City Council for defending the Living Wage Ordinance in Richmond during the General Assembly session.

(A copy of the statement dated March 17, 2001, is on file in the office of the City Clerk and Clerk of Council.)

(c) Richard Walker, 5032 Gardner Drive, President of the Board of Directors of Senior Services of Alexandria, addressed the issues of senior services in the City.

(A copy of Mr. Walker's statement is on file in the office of the City Clerk and Clerk of Council.)

OPENING (continued)

Councilwoman Pepper asked the City Manager to begin a needs assessment with respect to seniors, and urged the Office on Aging and Adult Services to work with the Senior Services of Alexandria.

City Manager Sunderland responded that, as part of the leisure and recreation needs assessment the City is now beginning, the senior population will be a major component to that needs assessment. In addition, the City has an ongoing study on assisted living, and we're looking at the feasibility of providing services and a facility in that area. The Office on Aging does every year an assessment of what we do for seniors as part of its obligation under a Federal statute; although, that assessment may not be as thorough as some would like. City Manager Sunderland stated that he would like to hear from the Commission on Aging on its thoughts on this issue.

Councilwoman Pepper will bring this before the Commission on Aging as Council's representative to the Commission.

Councilman Euille expressed concern about Mr. Walker's statement. He noted that obviously the various groups representing seniors that focus on the issues of seniors certainly have not been, at least in some respect, in the right direction.

Councilman Speck indicated that he has had some broad conversations with Mr. Walker, Executive Director of Senior Services Dawson, and the City Manager on this issue. He noted that the aging population is growing in the City. He suggested that it might be useful to try to find a way to look at both needs broadly and services broadly and make sure the two are working in concert.

Office on Aging and Adult Services Director Eiffert reported that the Commission on Aging has taken up the issue. He noted that several people have raised the issue recently and the Commission's action was to wait until after the 2000 Census data is available. He indicated they could begin from there in terms of looking at a more comprehensive needs assessment. He reported that the Federal Older Americans' Act does require them to do an annual needs assessment which is done, but the data is dated since they have been using 1990 Census data. The Office on Aging and Adult Services is waiting for the data from the 2000 Census to do the required annual needs assessment.

(d) Annabelle Fisher, 6060 Tower Court, addressed the number of rate increases in cable services since Jones was acquired by Comcast; however, since Comcast has taken over there have been increased rates, no customer service, and you can't get through to them on the phone.

Ms. Fisher reported that she is organizing, in her apartment building, a group to look at the repeated increases in electricity rates.

Mayor Donley stated, in terms of the electric rate that is charged, that is not set by the local government. He noted that the utility tax is a different issue and is addressed each year in the City's budget. He provided an overview of the utility tax.

Ms. Fisher suggested that Council come out to meet in the West End of the City in her area which is comprised mostly of renters to address their concerns of affordable housing, electricity and cable rates, traffic and parking. She would help get the word out to folks should Council decide to do this.

OPENING (continued)

Mayor Donley noted that Council would be more than happy to come out to meet with them. He provided Ms. Fisher with the neighborhood meetings that have taken place in the West End of the City.

Ms. Fisher expressed concern regarding the creation of the community foundation and questioned where are the checks and balances.

Mayor Donley noted that there will be a public hearing in April on the foundation.

(5) Martha Welch, 1604(a) Hunting Creek Drive, submitted a copy of a letter that was sent to Centex, builder of Old Town Greens, expressing the concerns of the homeowners regarding potential code violations. She stated that it was her understanding that the City will soon begin the process of releasing the bond to Centrex. They respectfully requested the City to postpone the release of the bond to Centex until the issues have been resolved. Ms. Welch noted that they have hired an engineer and are in the process of collating all of the homeowners' complaints.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR(3-7)

Planning Commission

Without objection, City Council withdrew docket item nos. 3, 4 and 6 from the consent calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #2000-0146
822 N FAIRFAX ST
MONTGOMERY CENTER
PERKS COFFEE SHOP

Public Hearing and Consideration of a request for a special use permit to expand and change the ownership of a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Ms. Perky, LLC, trading as Perk's Coffee Shop, by Philip D. McCombie.

COMMISSION ACTION: Recommend approval 7-0

4. ENCROACHMENT #2001-0001
822 N FAIRFAX ST
MONTGOMERY CENTER
PERKS COFFEE SHOP

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: Ms. Perky, LLC, trading as Perk's Coffee Shop, by Philip D. McCombie.

COMMISSION ACTION: Recommend approval 7-0

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

5. SPECIAL USE PERMIT #2001-0003
1767 KING ST
SEAGAR'S RESTAURANT
KING STREET METROPLACE HILTON HOTEL

Public Hearing and Consideration of a review of a special use permit for a restaurant; zoned OCH/Office Commercial High. Applicant: LNR Alexandria Limited Partnership, by Harry P. Hart, attorney.

COMMISSION ACTION: Recommend approval 7-0

6. SPECIAL USE PERMIT #2000-0154
340 HOOFF'S RUN DR
VIRGINIA CONCRETE CO

Public Hearing and Consideration of a review of a special use permit for a concrete plant; zoned OCM-100/Office Commercial Medium. Applicant: Virginia Concrete Company, by Sarah Hall, attorney.

COMMISSION ACTION: Recommend approval 7-0

7. SPECIAL USE PERMIT #2000-0161
111-119 E REED AV

Public Hearing and Consideration of a request for a special use permit amendment for an extension of validity of the existing special use permit; zoned CSL/Commercial Service Low. Applicant: Alexandria One Associates, LP, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the Consent Calendar as presented, with the exception of docket item nos. 3, 4 and 6 which were considered under separate motions. The Planning Commission's recommendations are as follows:

3. & 4. Councilwoman Eberwein noted, with respect to the outside seating, that there is room for another table and perhaps another bench. She commented that as cities try to encourage outdoor eating to enliven the space that we should not be too restrictive. Ms. Eberwein has spoken to staff and offered an amendment to condition #2 of docket item no. 3 as follows: "that additional seating could be provided as long as it meets the approval of the Planning staff and does not obstruct the sidewalk."

City Attorney Pessoa requested that the motion include a conforming amendment to condition #3 of docket item no. 4 which is limited to four seats and two tables and one bench; which request was acceptable to the maker and seconder of the motion.

Note: Docket item nos. 3 and 4 were considered under one motion.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

3. City Council approved the Planning Commission recommendation, with the following amendment to condition #2 as follows: "that additional seating could be provided as long as it meets the approval of the Planning staff and does not obstruct the sidewalk." (Separate motion)

4. City Council approved the Planning Commission recommendation, with the following amendment to condition #3 as follows: "that additional seating could be provided as long as it meets the approval of the Planning staff and does not obstruct the sidewalk." (Separate motion)

5. City Council approved the Planning Commission recommendation.

6. Councilwoman Pepper commented about the concern that people have had that this may not be an appropriate use in the near future, and we need to be thinking about how we might want to handle that. In addition, she spoke to the potholes on this site, as well as the concern raised in condition #2 regarding dust control.

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

7. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

8. Public Hearing on and Consideration of the Proposed Scope of Work for the Planned Study of Possible Locations for a New Visitors Center. (#16 2/28/01)

There was considerable discussion by the Members of City Council with respect to this item.

(A copy of a draft verbatim transcript of Council's discussion on this item is on file in the office of the City Clerk.)

Without objection, City Council closed the public hearing and will consider this item at its legislative meeting on Tuesday, March 27, 2001.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

9. DEVELOPMENT SPECIAL USE PERMIT #2000-0030
400 CAMERON STATION BV
BROOKDALE - CAMERON STATION (Phase VII)

Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a senior housing and assisted living high-rise building; zoned CDD-9/Coordinated Development District. Applicant: KG Virginia-CS LLC, by Erika L. Byrd, attorney.

COMMISSION ACTION: Recommend approval 6-0-1

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

10. SPECIAL USE PERMIT #2000-0084
400 CAMERON STATION BV
BROOKDALE - 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 senior housing and assisted living development into the existing Cameron Station TMP; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates LLC and KG Virginia-CS LLC, by Erika L. Byrd, attorney.

2320 JEFFERSON DAVIS HY

EXXON STATION

Public Hearing and Consideration of a review of a special use permit for an automobile service station with a convenience store and a restaurant; zoned I/Industrial. Applicant: Exxon Corporation, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend approval 7-0

M. Catharine Puskar, attorney representing the applicant, spoke to condition #37 with respect to lighting. She requested that condition #37 be amended by striking the words "and on public rights-of-way" in the second sentence; which amended condition #37 would read as follows: "37. All lighting shall be directed downward and shall be screened at the sides to avoid glare on adjacent residential properties to the satisfaction of the Directors of Planning and Zoning and Transportation and Environmental Services."

Mayor Donley directed questions to Ms. Puskar to the code violations, particularly the food handling violations. It is his understanding that the deficiency has been resolved and requested Ms. Puskar to represent on the record that the management of the service station has a clear understanding of what's required relative to health codes and permits in relation to the convenience/deli portion of the store as opposed to the service station.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Ms. Puskar stated that is why they are all here today to testify to you that we understand that is a serious issue. They were having a few problems getting people certified through the process that they have to go through. They now have four certified food managers. They do understand the requirement that if a certified food manager is not on location they cannot serve food.

Councilwoman Pepper suggested that staff monitor the lights at this site.

Mayor Donley also requested that staff get back to Council with respect to how it is viewing the lighting issue and the adoption of a potential policy. He mentioned the use of shrouding or shields to at least prevent the spillover light while still maintaining the need to have a safe and lighted area particularly at night.

City Council approved the Planning Commission recommendation with an amendment to condition #37, which amended condition reads as follows: "37. All lighting shall be directed downward and shall be screened at the sides to avoid glare on adjacent residential properties to the satisfaction of the Directors of Planning and Zoning and Transportation and Environmental Services."
Council Action:_________________________________________________________

Board of Architectural Review

12. CASE BAR-2000-0244 -- 216 SOUTH WASHINGTON STREET

Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, on December 6, 2000, denying a request for approval of new replacement windows at 216 South Washington Street, zoned CD Commercial. APPLICANT AND APPELLANT: Downtown Baptist Church by M. Catharine Puskar, Attorney. (#9 2/24/01)

BOARD ACTION: Denied 5-2

M. Catharine Puskar, attorney for the applicant, requested deferral of this item to April. She stated that they have met with members of the Historic Alexandria Foundation and an architect recommended by them. She indicated that they are pursuing some of the suggestions and trying to get some estimates based on their evaluation and recommendations.

City Council deferred this appeal to its Public Hearing Meeting in April.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

13. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to make supplemental appropriations for the support of the government of the City of Alexandria for fiscal year 2001. (#23 3/13/01) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4191
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS (continued)

14. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to incorporate the Water Quality Management Supplement as a chapter of the 1992 Master Plan of the City of Alexandria, Virginia (1998 ed.). (#24 3/13/01) [ROLL-CALL VOTE]

Councilwoman Pepper reported that a couple of corrections that she had suggested were not made to the document. She noted that on page 7 of the document Lucky Run is mentioned, but it is not listed on the map on page 8 of the document.

Councilwoman Pepper noted that her other concern was that somewhere in the document there was a discussion about Four Mile Run which was from 1997 information which is old, and she had hoped that would be updated. She requested that maybe at a later time, this will be updated.

City Council finally passed, as amended, the ordinance upon its Second Reading and Final Passage. ORD. NO. 4192
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Board of Architectural Review (continued)

15. CASE BAR-2000-0250 -- 224 NORTH COLUMBUS STREET -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a request for approval of an awning at 224 North Columbus Street, zoned RM/Residential. Applicant and Appellant: Karon Cullen. (#18 1/13/01; #21 12/16/00)

BOARD ACTION: Denied 4-3

City Council remanded this back to the Board of Architectural Review to consider alternative awning designs with a maintenance agreement that would be satisfactory to staff, and with the owner being allowed to keep the current awning in place pending a BAR decision on an alternative design.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (16-27)

Planning Commission (continued)

16. SPECIAL USE PERMIT #2000-0167
2514 JEFFERSON DAVIS HY
ALEXANDRIA TOYOTA

Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing automobile sales business; zoned I/Industrial. Applicant: Jack Taylor, Alexandria Toyota Inc. or Alexandria Hyundai LLC, by Harry P. Hart, attorney.

COMMISSION ACTION: Withdrawn by Applicant

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Planning Commission (continued)

17. SPECIAL USE PERMIT #2001-0011
2412 JEFFERSON DAVIS HY
ALEXANDRIA TOYOTA

Public Hearing and Consideration of a request for a special use permit amendment to allow a change of ownership of the existing automobile sales business; zoned I/Industrial. Applicant: Jack Taylor, Alexandria Toyota Inc. or Alexandria Hyundai LLC, by Harry P. Hart, attorney.

COMMISSION ACTION: Withdrawn by Applicant

18. SPECIAL USE PERMIT #2000-0152
4500 WHEELER AV

Public Hearing and Consideration of a request for a special use permit expansion to allow the following uses: contractor's storage yard, motor vehicle parking for more than 20 vehicles and/or motor vehicle storage yard; zoned I/Industrial. Applicant: AMT, LLC, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Deferred 7-0

19. 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 townhouse plan; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates LLC, by David T. McElhaney, engineer.

COMMISSION ACTION: Deferred (Applicant's request)

20. 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 (Applicant's request)

21. 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.

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.

COMMISSION ACTION: Deferred (Applicant's request)

23. SPECIAL USE PERMIT #2000-0150
1116 N FAIRFAX ST and 1125 N ROYAL ST
WINDOWS CATERING CO

Public Hearing and Consideration of a request for a special use permit for expansion of a catering business; zoned CDX/Commercial Downtown. Applicant: Windows Catering Company, by Jonathan P. Rak, attorney.

COMMISSION ACTION: Deferred (Applicant's request)

24. SPECIAL USE PERMIT #2000-0165
304 CALVERT AV

Public Hearing and Consideration of a request for a special use permit for general automobile repair and sales; zoned I/Industrial. Applicant: Julio A. Benevides.

COMMISSION ACTION: Deferred (Applicant failed to attend meeting)

25. SPECIAL USE PERMIT #2000-0159
3014 JEFFERSON DAVIS HY

Public Hearing and Consideration of a request for a special use permit for expansion of a noncomplying automobile repair facility to include automobile sales; zoned CSL/Commercial Service Low. Applicant: Ajmal Ghani, by William C. Thomas, Jr., attorney.

COMMISSION ACTION: Deferred 7-0

26. SPECIAL USE PERMIT #2000-0166
3006 JEFFERSON DAVIS HY;
406-408 E GLEBE RD
ALL USA IMPORTS

Public Hearing and Consideration of a request for a special use permit for automobile repair and sales; zoned CSL/Commercial Service Low. Applicant: All USA Imports Inc., by Daryush Daraie.

COMMISSION ACTION: Deferred (Applicant's request)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Board of Architectural Review
Old and Historic Alexandria District

27. CASE BAR-2000-0217 -- 311 COMMERCE STREET -- Public Hearing and Consideration of an appeal of a decision of the Board of Architectural Review. Old and Historic Alexandria District, denying a request for approval of a permit to demolish a dwelling at 311 Commerce Street, zoned CD/COMMERCIAL. Applicant and Appellant: Heffner Architects by William C. Thomas, Attorney. (#19 1/13/01)

BOARD ACTION: Denied 7-0

The attorney for the applicant has requested that this item be deferred to the September 15, 2001 Public Hearing Meeting.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without objection, City Council noted the deferrals and withdrawals.
Council Action:_________________________________________________________

The meeting was adjourned at 1:40 p.m.

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

There will be a City Council Work Session on the Proposed Budget on Tuesday, March 20, 2001, at 7:30 p.m., in the City Council Workroom, Room 2420, City Hall, 301 King Street, Alexandria, Virginia.

Individuals with disabilities who require assistance or special arrangements to attend the City Council Work Session 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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