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Office of the City Clerk
October 16, 2000

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.

Following adjournment at 1:30 p.m., City Council attended
the Successful Aging Expo, at the Virginia Theological
Seminary, 3737 Seminary Road, Alexandria, VA.


Public Hearing Meeting
Saturday, October 14, 2000 - - 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. Councilwoman Pepper arrived at 9:35 a.m.
Council Action:_________________________________________________________

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

(a) Michael S. O'Neill, 731 Bernard Street, conceded his time to his wife, Barbara Clark.

(b) Barbara L. Clark, 731 Bernard Street, distributed a handout and addressed continuing problems with Mason Hall, and asked that enforcement of the Zoning Ordinance be applied consistently throughout the City.

City Manager Sunderland will prepare a memorandum addressing each of the points raised, and he asked for a month to work on this. He will meet with Mason Hall and see what he can do to reach some multiple arrangement and some agreement among all the parties. The City is being consistent, as we are across the City, in interpreting certain provisions of the ordinance, and unless a court tells us otherwise we are not going to change our interpretations. He suggests dealing with Mason Hall directly, and he will return to Council with a report.

OPENING (continued)

Without objection, Poul Hertel addressed the problem of that area being too narrow for fire trucks to pass through. The fire chief and he are still awaiting resolution of this problem because they can't go into the neighborhood and suggest elimination of street parking to accommodate the fire trucks while the Mason Hall issue is at hand. He urged prompt resolution of the problem.

(c) Robert L. Montague, 207 Prince Street, Chair, Alexandria Historical Restoration and Preservation Commission, endorsed the recommendation of the Planning Commission on the Washington Street issues brought up in Items 12(a) and (b). This will allow the historic district to be enlarged and to improve the standards for buildings on Washington Street. He spoke in support of Item No. 17 which will give the Commission authority to accept important open space easements outside the historic district. Mr. Montague also addressed the issue of expending the monies that will be saved by not building the large deck over Washington Street. The Commission would like to see the money used, at least in part, to create more parkland on the waterfront. Somewhat related to that issue, he raised the issue of expending some of the funds on the Freedmen's Cemetery as the Woodrow Wilson Bridge is reconstructed in that area.

Mayor Donley brought up that there will be a work session in November regarding the Jones Point Park and the urban deck. There have been some discussions with federal officials about the savings and how that will be applied. The City's goal is to use those savings here in the City for the benefit of our citizens; however, the federal officials want to see some nexus or some tie to the bridge.

(d) John Chapman Gager spoke.

(e) Joel Arneson, 5239 Tancreti Lane, resident of Cameron Station, spoke to refute an Alexandria Journal article on the construction of a large apartment complex across the street from them. They are not against renters; they are not anti-renter. He would be against the density that would come from this development on the small streets that exist in the back of Cameron Station and will make that argument when the time comes. This request will come before the Planning Commission and City Council in November, and he and his neighbors would like more time to look into this problem. They would like to delay this at least a couple of months so that they can look at the issues and decide how to proceed.

Councilman Euille thanked Mr. Arneson for speaking to set the record straight on what appears to be a misinterpretation of the facts on the discussion earlier this week between the Cameron Station residents and the developer. He was very troubled about the article in the newspaper yesterday. This is not what Alexandria is all about, and that's not how we do business here.

Councilwoman Pepper suggested Mr. Arneson and the civic association write a letter to the editor of The Journal stating their views.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR1 (3-9)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 4 and 8 from the Action Consent Calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #2000-0101
255 SOUTH VAN DORN STREET
VAN DORN PLAZA SHOPPING CENTER
FITNESS FIRST
Public Hearing and Consideration of a request for a special use permit for a health club; zoned CG/Commercial General. Applicant: Fitness First of Landmark, LLC, by Sarah E. Hall, attorney.

COMMISSION ACTION: Recommend Approval 7-0

4. SPECIAL USE PERMIT #2000-0111
4609 DUKE STREET
FOXCHASE SHOPPING CENTER
Public Hearing and Consideration of a request for a special use permit to operate a health and athletic club; zoned CG/Commercial General. Applicant: Ultimate Workout Group at Foxchase, Inc., by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 7-0

5. SPECIAL USE PERMIT #2000-0112
5800 EDSALL ROAD
KOONS COLLISION REPAIR CENTER
Public Hearing and Consideration of a special use permit review and request for amendment to install a freestanding sign and change of hours of operation for an automobile repair business; zoned CG/Commercial General. Applicant: Koons Collision Repair Center, by M. Catharine Puskar, attorney.

COMMISSION ACTION: Recommend Approval 7-0

6. VACATION #2000-0006
101 UHLER TERRACE
Public hearing and consideration of a request for vacation of a portion of a public right-of-way; zoned R-8/Residential. Applicant: Lonnie Rich, and appointment of viewers for same.

COMMISSION ACTION: Recommend Approval 7-0

7. ENCROACHMENT #2000-0008
1203 KING STREET
Public Hearing and Consideration of a request for an encroachment into the public sidewalk right-of-way for a window; zoned CD/Commercial Downtown. Applicant: Art Under Foot, Inc., by Nabi Nasseri.

COMMISSION ACTION: Recommend Approval 7-0


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

8. DEVELOPMENT SPECIAL USE PERMIT #2000-0028
2301 EISENHOWER AVENUE, NORTH OF EISENHOWER AVENUE
HOFFMAN TOWN CENTER
Public Hearing and Consideration of a request for an amendment to a development special use permit to add an office building, and to refine the design of approved retail and parking garage; zoned CDD-2/Coordinated Development District. Applicant: Hoffman Management, Inc., by J. Howard Middleton, Jr., attorney.

COMMISSION ACTION: Recommend Approval 7-0

9. DEVELOPMENT SPECIAL USE PERMIT #2000-0039
4700 EISENHOWER AVENUE
RESTAURANT DEPOT
Public Hearing and Consideration of a request for a development special use permit, with site plan, for expansion and intensification of a noncomplying wholesale business; zoned OCM-100/Office Commercial Medium. Applicant: Jetro Cash and Carry Enterprises, Inc., by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the Action Consent Calendar with the exception of docket item nos. 4 and 8 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. (Separate Motion)

5. City Council approved the Planning Commission recommendation.

6. City Council approved the Planning Commission recommendation. The Mayor subsequently appointed Judy Lowe, chair, Amoret Bunn and Ruby Fitzgerald as Viewers.

7. City Council approved the Planning Commission recommendation.

8. City Council deferred this item at the request of staff. (Separate Motion)

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

10. Public Hearing and Consideration of the Fiscal Year 2001 Local Law Enforcement Block Grant Application for the City of Alexandria.

City Council held and concluded the public hearing to receive comments on the grant, as required by the U.S. Department of Justice; and (1) approved the submission of the City's on-line grant application, in the amount of $162,372, of which 90 percent, or $146,135, will be federal funds, and 10 percent, or $16,237, will be provided from the FY 2001 Police Department Operating budget for the local match; and (2) authorized the City Manager to execute any documents that may be required to receive the grant and release the grant funds to the City for expenditure.
Council Action:_________________________________________________________

11. Public Hearing and Consideration of Report on the Community Partnership Fund for Human Services Recommended Priorities for the FY 2002 Competitive Cycle. (#12 10/10/00)

City Council held and concluded the public hearing on the FY 2002 priorities for the Community Partnership Fund, including the community input on priorities received this summer (Attachments 2 through 7 of the City Manager's report). Final action on the FY 2002 priorities will be at Council's Tuesday, October 24, 2000, legislative meeting.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Without Objection, City Council considered docket items 12(a) and 12(b) together and under one motion.

12. WASHINGTON STREET ISSUES

(a) TEXT AMENDMENT #2000-0009
Public Hearing and Consideration of an amendment to Section 10-105(A)(3) of the Zoning Ordinance to revise the Additional Washington Street Standards, which apply to new development along Washington Street within the Alexandria Old and Historic District.

COMMISSION ACTION: Recommend Approval 7-0

Councilwoman Eberwein questioned City Attorney Pessoa and Acting Planning and Zoning Director Ross if the 500, 600 and 700 blocks of North Columbus Street remain in the Parker Gray District and if the grandfathering of some of the buildings on Saint Asaph Street at a height of 66' are already incorporated into the Planning Commission recommendation. The Planning Commission recommendation includes moving the Columbus Street blocks to the Old and Historic Alexandria District, and Councilwoman Eberwein will propose an amendment to the ordinance brought forward in November to return those blocks to the Parker-Gray District. The grandfathering of the buildings on Saint Asaph Street is included in the recommendation.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

City Council approved the Planning Commission recommendation, as amended, by adding to section 10-105(A)(3)(a)(1)(vii) the language, "along Washington Street", and deleting the language, "in the historic district" in the second line following the word "elsewhere."
Council Action:_________________________________________________________

(b) REZONING #2000-0007
Public Hearing and Consideration of an expansion of the boundaries of the Alexandria Old and Historic District along North Washington Street, North Saint Asaph Street and North Columbus Street.

COMMISSION ACTION: Recommend Approval 7-0

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

13. SPECIAL USE PERMIT #2000-0090
5701 EISENHOWER AVENUE
SUMMER'S GROVE
Public Hearing and Consideration of a request for a special use permit amendment to allow the use of the existing sport court for basketball; zoned OCH/Office Commercial High. Applicant: Summer's Grove Association, Inc., by Janet H. Sledge.

COMMISSION ACTION: Recommend Denial 7-0

Councilman Euille inquired of staff why this item involving a homeowners association request for an amendment to a SUP for the use of an existing sport court for basketball is before City Council. Acting Planning and Zoning Director Ross explained that the problem is that the plan that was proposed by the developer and shown to the homeowners is very specific that this will be a volleyball court. The office of Planning and Zoning notified the homeowners association that they were in violation of their special use permit and if they wanted the change that use they had to come to City Council.

City Manager Sunderland suggested that Council could now, and in the future, say " 'x' or other comparable use as permitted by the homeowners association." That takes the issue of changing "x" and puts it in the hands of the people who live there and the governance of the community that lives there.

City Council overturned the recommendation of the Planning Commission, and in its place on page 3, #61, amended the special use permit by inserting the language recommended by staff, "or other comparable use as permitted by the Summer's Grove Association, Inc." following the words, "Sports Court" on line 1, but included on the third line following "the Summers Grove Association, Inc.", the language, "however, the approved uses will prohibit basketball." Condition #61 now reads as follows: "61. The site plan designation of volleyball court shall be changed to "Sports Court" or other comparable use as permitted by the Summer's Grove Association Inc. The uses, activities and standards for the Sports Court's operations shall be the sole responsibility of the Summer's Grove Association, Inc.; however, the approved uses will prohibit basketball. Signs shall be posted on the Sports Court to indicate "No

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Trespassing" and "Use By Residents and Guests Only", and a letter shall be filed with the Alexandria Police Department authorizing the Alexandria Police Department to enforce the posted signs on the Sports Court."
Council Action:________________________________________________________

14. SPECIAL USE PERMIT #2000-0080
3616 KING STREET
BRADLEE SHOPPING CENTER
COMMISSION ACTION: Approved 7-0

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

Councilman Speck left the meeting at 1:05 p.m.

ORDINANCES AND RESOLUTIONS

15. (a) Public Hearing, pursuant to Section 58.1-3007 of the Code of Virginia of 1950, as amended, on the proposed change in the consumer utility tax levied on consumers of electric and natural gas services in the City, to a tax based on the quantity of electricity or natural gas consumed by such consumers, measured in kilowatt hours or cubic feet delivered, as applicable. [As required by state law, the conversion to a tax based on the quantity of electricity or natural gas consumed is intended to be revenue neutral.]

(b) Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 3 of the City Code, which imposes a consumption tax on electric and natural gas utility services, and Title 9 of the City Code, which imposes a business license tax on the providers of such services, to conform to recent changes in state law. (#13 10/10/00) [ROLL-CALL VOTE]

The public hearings were held and concluded. City Council finally passed the Ordinance on its Second Reading and Final Passage. ORD. NO. 4164
Council Action:_________________________________________________________

16. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 5 of the City Code dealing with the impounding of dangerous and vicious dogs, to conform to recent changes in state law. (#14 10/10/00) [ROLL-CALL VOTE]

City Council finally passed the Ordinance on its Second Reading and Final Passage. ORD. NO. 4165
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS (continued)


17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 7 of the City Code to expand the area within which the Alexandria Historical Restoration and Preservation Commission may exercise its powers. (#15 10/10/00) [ROLL-CALL VOTE]

City Council finally passed the Ordinance on its Second Reading and Final Passage. ORD. NO. 4166
Council Action:_________________________________________________________

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 9 of the City Code which establish the due dates for the payment of business license taxes, to conform to the requirements of state law. (#16 10/10/00) [ROLL-CALL VOTE]

City Council finally passed the Ordinance on its Second Reading and Final Passage. ORD. NO. 4167
Council Action:_________________________________________________________

19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the provisions of Title 10 of the City Code to permit a business which services, repairs, stores or parks motor vehicles, temporarily to park customer vehicles on public streets, but only to the extent authorized by the special use permit which governs the business. (#17 10/10/00) [ROLL-CALL VOTE]

City Council deferred this item.
Council Action:_________________________________________________________

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize an encroachment into the public street right-of-way at 321 Duke Street. (#18 10/10/00) [ROLL-CALL VOTE]

City Council finally passed the Ordinance on its Second Reading and Final Passage. ORD. NO. 4168
Council Action:_________________________________________________________

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE making supplemental appropriations for Fiscal Year 2001. (#19 10/10/00) [ROLL-CALL VOTE]

City Council finally passed the Ordinance on its Second Reading and Final Passage. ORD. NO. 4169
Council Action:_________________________________________________________



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (22-30)

Planning Commission (continued)

22. VACATION #2000-0007
930 SOUTH SAINT ASAPH STREET
Public Hearing and Consideration of a request for vacation of a portion of a public alley and street right-of-way; zoned RM/Residential. Applicant: Michael Wheeler, and appointment of viewers for same.

COMMISSION ACTION: Deferred
23. TEXT AMENDMENT #2000-0001
RESIDENTIAL GROUP HOMES
Public Hearing and Consideration of an amendment to Section 2-143 (C) of the Zoning Ordinance concerning residential group homes licensed by the State of Virginia Department of Social Services.

COMMISSION ACTION: Deferred by staff

24. TEXT AMENDMENT #2000-0008
"ATM" REGULATIONS
Public Hearing and Consideration of an amendment to Section 7-1800 of the Zoning Ordinance to change the requirements for automatic teller machines (ATMs) in historic districts.

COMMISSION ACTION: Deferred 7-0

25. MASTER PLAN AMENDMENT #2000-0005
REZONING #2000-0006
20 ROTH STREET; 2500-2600 BUSINESS CENTER DRIVE
ARCHSTONE ALEXANDRIA
Public Hearing and Consideration of a request for amendment to the Taylor Run/Duke Street Small Area Plan Chapter of the 1992 Master Plan to change the land use designation from I/Industrial to RH/Residential High and request for rezoning of the subject property from I/Industrial to RC/Residential High Density, with proffers. Applicant: Archstone Communities Trust, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred Indefinitely 6-1

26. SPECIAL USE PERMIT #2000-0103
20 ROTH STREET; 2500-2600 BUSINESS CENTER DRIVE
ARCHSTONE ALEXANDRIA
Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for the proposed apartment development; zoned CG/Commercial General and I/Industrial. Applicant: Archstone Communities Trust, by Harry P. Hart, attorney.

COMMISSION ACTION: Deferred Indefinitely (staff's request)



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Planning Commission (continued)

27. SPECIAL USE PERMIT #2000-0114
2414 OAKVILLE STREET
Public Hearing and Consideration of a request for a special use permit for an amusement enterprise with a reduction of off-street parking; zoned I/Industrial. Applicant: Abayumi M. Baruwa.

COMMISSION ACTION: Deferred (improper notice)

28. SPECIAL USE PERMIT #2000-0115
1104 QUEEN STREET
Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Levi T. Durham, Jr.

COMMISSION ACTION: Deferred (applicant not present)
29. VACATION #2000-0004
1001-1013 N VAN DORN STREET; 5401-5445 RICHENBACHER AVENUE;
1000-1014 VAIL STREET; 1001-1015 VAIL STREET;
1000-1014 TERRILL STREET; 1001-1015 TERRILL STREET;
1000-1040 NORTH PELHAM STREET
Public Hearing and Consideration of a request for vacation of public street rights-of-way and easements which comprise access roads in the KMS Townhouse subdivision; zoned RA/Residential. Applicant: City of Alexandria, and appointment of viewers for same.

COMMISSION ACTION: Deferred 7-0
For Informational Purposes Only

30. CITY CHARTER, SECTION 9.06, CASE #2000-0005
VIRGINIA POWER -- METRO LINEAR PARK -- G. W. SCHOOL
Public Hearing and Consideration of a proposal by the City of Alexandria to exchange land with Virginia Power, pursuant to the provisions of Section 9.06 of the City Charter, in order to create a permanent right-of-way for underground transmission line conduit that was installed through City-owned land at the request of City Council and the City Manager. The site is located on a portion of the linear park on the east of the Metro tracks between Cameron Street and Suter Street and on a portion of the G. W. School site between East Braddock Road and East Glendale Avenue.

COMMISSION ACTION: Approved 7-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the above.

Mayor Donley brought to Council's attention a letter received from Upper King Street Civic Association regarding Item #30, which is a section 9.06 that does not come before Council. City Manager Sunderland will address the items raised in the letter.
Council Action:_________________________________________________________

The meeting was adjourned at 1: 30 p.m.



This docket is subject to change.

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