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Office of the City Clerk
October 22, 2002

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.

The Ribbon Cutting Ceremony and Grand
Opening Kickoff of the Eisenhower Recycling
Center, 4251 Eisenhower Avenue, was
canceled and will be rescheduled.


Public Hearing Meeting
Saturday, October 19, 2002 - - 9:30 a.m.


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OPENING

1. Calling the Roll.

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

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

(a) Jonathan Wilbor, 310 South Lee Street, speaking on behalf Old Town Civic Association, urged Council to hold a public hearing on the proposed plan to improve Windmill Hill Park and the exchange of the dog exercise area and volleyball court;

Councilwoman Eberwein addressed some of Mr. Wilbor's comments and explained that scientific documents and environmental studies are available which detail why dog parks should not be located near the water. Ms. Eberwein stated many members of Old Town Civic are very happy with the current plan and that Mr. Wilbor does not speak for the whole area.

(b) Van Van Fleet, 26 Wolfe Street, echoed Mr. Wilbor's statement that the park should stay right where it is now. Mr. Van Fleet stated that due to the contentious nature of this issue, there should be a public hearing, and due to current fiscal restraints no funds should be expended;

(c) Alice Wilkes, 113 Pommander Walk, questioned the relocation of the dog walk and stated her opposition;

OPENING (continued)

(d) Frances T.H. (Terry) Hallihan, 104 Pommander Walk, encouraged Council to leave Windmill Hill Park as it is, with some changes. She requested that a public hearing be held, that moving the dog exercise area be reconsidered, and raised her concern about the safety of the children;

Councilwoman Eberwein explained many of the safety features incorporated into the new plan which will make the park much better than before.

(e) David Fromm, 2307 East Randolph Avenue, reported on Del Ray's recent Art on the Avenue and expressed the volunteers' gratitude for all the City employees who were key in making this a very successful event;

(f) Bill Dickinson, 805 Quaker Lane, speaking as a private citizen of Seminary Hill, stated that he will be unable to attend the public hearing on the Connector. He expressed his concern about the north-south through traffic on City streets which would have a profound effect on the area;

(g) Tom Parry, 317 Skyhill Road, distributed his letter on the Connector so that Council could focus on the important issues prior to their work session next week. He stressed his point that the City has a tremendous burden of proof to assure citizens that there is no impact on these neighborhoods; a copy of Mr. Parry's letter dated October 19, 2002, is on file in the office of the City Clerk and Clerk of Council;

(h) Sheryl Bell, 910 Gibbon Street, related her recent hospitalization and her opinion that since that the health clinic is not taking new patients, the City needs to provide health services for people who need care but can't afford it;

(i) Sheila Bell-Clifford, 910 Gibbon Street, asked for assistance in providing health care for day care providers;

(j) Ayesha Rahman, 921 Van Dorn Street, spoke to the need for health care for day care providers and others who cannot afford medical insurance; and

(k) Alice Barfield, 3635 Edison Street, reiterated the previous speaker's statement about the need for health care for day care providers.

Mayor Donley explained that during last year's budget deliberations, the Budget and Fiscal Affairs Advisory Commission was asked to study this issue and bring back an analysis and recommendations to City Council, and this matter will be taken up during Council's budget deliberations this spring.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-15)

Planning Commission

Without Objection, City Council removed docket item no.13 from the Action Consent Calendar and considered it under a separate motion.

3. SPECIAL USE PERMIT #2002-0041
300 N LEE ST
CENTRAL PARKING
COMMISSION ACTION: Recommend Approval 7-0

4. SPECIAL USE PERMIT #2002-0062
301 N FAIRFAX ST
CENTRAL PARKING
COMMISSION ACTION: Recommend Approval 7-0

5. SPECIAL USE PERMIT #2002-0063
333 N FAIRFAX ST
CENTRAL PARKING
COMMISSION ACTION: Recommend Approval 7-0

6. SPECIAL USE PERMIT #2002-0078
611 S ALFRED ST
COMMISSION ACTION: Recommend Approval 7-0

7. ENCROACHMENT #2002-0005
480 KING ST
HOLIDAY INN OLD TOWN
COMMISSION ACTION: Recommend Approval 7-0


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

8. SPECIAL USE PERMIT #2002-0061
500 N COLUMBUS ST
COMMISSION ACTION: Recommend Approval 7-0

9. DEVELOPMENT SPECIAL USE PERMIT #2002-0024
1605 CAMERON ST
DURANT RECREATION CENTER
COMMISSION ACTION: Recommend Approval 7-0

10. TEXT AMENDMENT #2002-0005
DEVELOPMENT APPROVALS AND PROCEDURES
COMMISSION ACTION: Recommend Approval 7-0

11. SPECIAL USE PERMIT #2002-0054
611 KING ST
BREAD and CHOCOLATE
COMMISSION ACTION: Recommend Approval 7-0

12. SPECIAL USE PERMIT #2002-0068
COMMISSION ACTION: Recommend Approval 7-0


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

13. SPECIAL USE PERMIT #2002-0086
1108 QUEEN ST
COMMISSION ACTION: Recommend Approval 7-0

14. SPECIAL USE PERMIT #2002-0076
3830 MT VERNON AV
COMMISSION ACTION: Recommend Approval 7-0

15. SPECIAL USE PERMIT #2002-0083
2320 JEFFERSON DAVIS HY
EXXON STATION
COMMISSION ACTION: Recommend Approval 6-0

END OF ACTION CONSENT CALENDAR

City Council approved the Action Consent Calendar as presented with the exception of docket item no. 13 which was considered under a separate motion. The action of City Council follows:

3. City Council approved the Planning Commission recommendation.

4. City Council approved the Planning Commission recommendation.

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. City Council approved the Planning Commission recommendation.

9. City Council approved the Planning Commission recommendation.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

10. Councilwoman Eberwein did not remove docket item #10 from Action Consent but wished to comment on it. Ms. Eberwein complimented both the Planning staff and City Manager in moving forward with Council's effort to streamline the process of approving land use applications in order to provide a more cooperative effort between the neighborhoods and those who are proposing the applications in the City.

City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation.

13. Councilman Speck removed this item from Action Consent to question staff about the Planning Commission's thinking due to the intensification of this automobile-related use. He directed questions to Planning and Zoning Deputy Director Ross, and Members of City Council participated in the discussion.

City Council approved the Planning Commission recommendation with the addition of Condition #17, as suggested by Mayor Donley, to read: "17. The applicant shall clear the property of trash and debris within 60 days of issuance of the SUP, and Code Enforcement shall inspect the property within the 60 days to ensure that everything is in compliance." (Separate Motion)

14. City Council approved the Planning Commission recommendation.

15. City Council approved the Planning Commission recommendation.

END OF ACTION CONSENT CALENDAR
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

16. Public Hearing on and Consideration of Report from the Citizen Committee Appointed to Review Council Compensation. (#20 9/24/02)

The public hearing was held and concluded.

Mayor Donley requested a report from staff, or at least an assessment, of what the fiscal impact is, plus Council's eligibility for benefits, to come forward with the proposed ordinance. The City Manager explained that Council is not eligible for retirement benefits under VRS but will be eligible for the City's supplemental plan.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

City Council requested that the salary for Mayor be raised to $30,500, commensurate with Arlington County; that the salary of the City Council members be raised to $27,500; the staff component of one full-time staff member for the Mayor and part-time Aides for City Council Members would remain the same; Council would also be eligible, as are Arlington officials, for fringe benefits, those being health insurance, life insurance, disability, retirement and deferred compensation, as we so elect. There will be no change in the overall expense accounts; no change in the travel allowance; and, also in line with Arlington County, COLAs will be automatically applied to the salary.
Council Action:_________________________________________________________

17. VACATION #2002-0003
1 W GLENDALE AV
COMMISSION ACTION: Recommend Approval 7-0

Real Estate Assessments Director Smith-Page responded to questions from Councilwoman Pepper about the value of the alley; Council and Planning and Zoning Deputy Director Ross participated in the discussion on the property's value and the actual valuation process.

City Council approved the Planning Commission recommendation and authorized the appointment of viewers. Ross Bell, chair, Gila Harris, and John Hines were appointed as viewers.
Council Action:_________________________________________________________

18. DEVELOPMENT SPECIAL USE PERMIT #2002-0018 POTOMAC CLUB RESIDENCES COMMISSION ACTION: Recommend Approval 7-0

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

19. TEXT AMENDMENT #2002-0006
BIG BOX RETAIL
COMMISSION ACTION: Recommend Approval 7-0

Mayor Donley expressed that there need to be additional controls on this type of development, and Planning & Zoning Director Fogarty discussed the issues raised.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Councilman Euille asked how this text amendment evolved outside of a friendlier, collaborative process involving business, citizens and others, and Planning and Zoning Deputy Director Ross explained the steps that were taken to notify people of the proposed text amendment.

The Mayor would like staff to develop some guidelines, undertake a formal study group and come up with some discussions. He suggested looking at the definition to see if there is a better way to define exactly what we're talking about in terms of big box retail. This gets to the intensity as opposed to just the overall square footage. Look at the possibility of using overlay zones as an incentive. It is much easier to use our Zoning Code to say where we want things and not where they want them, making overlay zones an important tool here.

Councilman Euille requested that economic impact and design criteria be addressed by staff as well.

A motion was made by Councilwoman Woodson and seconded by Vice Mayor Cleveland to accept the Planning Commission recommendation.

Councilwoman Eberwein offered the following friendly amendments. Staff is to address the following issues regarding grandfathering: That regardless of the change of use, the building would be grandfathered. That regardless of the change of ownership, the building would be grandfathered as was stated by staff. Further, that if it is an expansion below 20,000 square feet, it would be grandfathered, but above that it would not. Additionally, that with regard to a teardown, if the new store is no larger than the square footage of the existing store, plus 20,000 square feet, it would be grandfathered. Beyond that, it would require the full process.

These amendments were accepted by the maker and seconder of the motion, and the motion was passed unanimously.
Council Action:_________________________________________________________

20. SPECIAL USE PERMIT #2002-0026
4111 DUKE ST
DANCING PEPPERS RESTAURANT
COMMISSION ACTION: Recommend Approval 6-1

In regard to the photographs submitted by the applicant showing other locations with unscreened dumpsters, Councilwoman Pepper requested of staff that if there are problems elsewhere in the City, we need to get these pictures and make sure the same rules apply to these people too.

City Council approved the Planning Commission recommendation with the requirement that there be a gate and fence around the dumpster.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

21. SPECIAL USE PERMIT #2002-0081
3400 COMMONWEALTH AV
COMMISSION ACTION: Recommend Approval 6-0

Councilwoman Pepper asked what kind of a fence would be going up as part of Condition #10, and Planning & Zoning Deputy Director Ross explained that the applicant is required to come up with a plan that addresses each of these issues, it must consult with the immediate neighbors and immediate neighboring associations, and the whole plan must be to the satisfaction of staff.

Code Enforcement Director Dahlberg responded to Councilwoman Eberwein's inquiry that there is nothing in the code about inside smoking room ventilation, but that regulations could be developed to ensure the design of the mechanical system to accommodate the removal of smoke products and not have it migrate to the adjoining community.

Harry P. Hart, attorney for the applicant, assured Councilwoman Eberwein that the applicant will accept a condition that the smoking room be vented appropriately.

Attorney Hart spoke to Stepping Stones' agreement to ten additional conditions from Del Ray Civic Association and to eliminate the morning meetings on Sunday. Mr. Hart reviewed the applicant's requests for changes to some of the special use permit conditions.

Mr. Allen Johnson assured Councilman Speck that the people who now go to the 8:30 p.m. meetings will be referred to Grace Episcopal, the men's home or the Robinson House, which are all close by. The club can live with the 8:00 p.m. closing. If parking during fund raising becomes a problem, Stepping Stones will try to make some arrangements with the church to provide overflow parking.

City Council approved the Planning Commission recommendation with the following changes: Condition #2 was changed to read: "2. The hours of operation for meetings shall be limited to 7 a.m. to 8 p.m., Monday through Friday, 8:15 a.m. to 8:00 p.m. on Saturday, and from Noon to 7 p.m. on Sunday." Condition #4 shall read, "4. Social functions, not including dances, shall be allowed twice a month and shall end no later than 10 p.m. on the day the function is held." Condition #18 is amended to further read, "18. The maximum number of patrons permitted on-site at any time shall not consistently exceed 45 except for fund raising events permitted twice a month, as per condition #4, not to exceed 75 people." Modify Condition #21 to add the language, "with proper care given to ventilation and the location of exhaust systems away from the adjacent homes" so that it now reads, "21. The applicant shall provide indoor space for smoking with proper care given to ventilation and the location of exhaust systems away from the adjacent homes." An additional condition is to be added to read: "24. A neighborhood advisory commission is to be established to hold regular meetings with nearby neighbors or neighborhood associations relative to the operation of the club."
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

22. Public Hearing, Second Reading and Final Passage of an Ordinance to approve an encroachment into the public sidewalk right-of-way at 815 King Street for two store fronts. (#20 10/8/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4268
Council Action:_________________________________________________________

23. Public Hearing, Second Reading and Final Passage of an Ordinance to approve an encroachment into the public sidewalk right-of-way at 220 - 228 North Payne Street for an iron fence. (#21 10/8/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4269
Council Action:_________________________________________________________

24. Public Hearing, Second Reading and Final Passage of an Ordinance to approve an encroachment into the public sidewalk right-of-way at 300 South Lee Street for two window wells and a front stoop. (#22 10/8/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4270
Council Action:_________________________________________________________

25. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 11-300 of the Zoning Ordinance to provide for additional notice of appeals to City Council in land use cases. (#23 10/8/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4271
Council Action:_________________________________________________________

26. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 6-105 of the Zoning ordinance to allow recycling centers, as restrictively defined, in the POS Zone, with special use permit approval. (#24 10/8/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4272
Council Action:_________________________________________________________

27. Public Hearing, Second Reading and Final Passage of an Ordinance to amend Section 12-102 of the Zoning Ordinance to allow noncomplying structures, on King Street in Old Town, to convert from commercial to residential use, with special use permit approval. (#25 10/8/02) [ROLL-CALL VOTE]

City Council finally passed the Ordinance upon its Second Reading and Final Passage. ORD. NO. 4273
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (28-32)

Planning Commission (continued)

28. DEVELOPMENT SPECIAL USE PERMIT #2001-0024
5699 EISENHOWER AV
KSI - VAN DORN METRO MIXED USE
COMMISSION ACTION: Deferred

29. SPECIAL USE PERMIT #2001-0115
5699 EISENHOWER AV
KSI - VAN DORN METRO MIXED USE COMMISSION ACTION: Deferred

30. SPECIAL USE PERMIT #2002-0064
222 N LEE ST
Public Hearing and Consideration of a request for a special use permit to operate a children's learning center (commercial school); zoned CD/Commercial Downtown. Applicant: A Jump on Genius, LLC, by Abigail C. Romaine and Christopher D. Romaine.

COMMISSION ACTION: Deferred (improper notice)

31. SPECIAL USE PERMIT #2002-0077
107 W GLEBE RD
COMMISSION ACTION: Deferred (Applicant's request)

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Planning Commission (continued)

32. SPECIAL USE PERMIT #2002-0079
1106 KING ST
COMMISSION ACTION: Deferred (Applicant's request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

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

The Meeting was adjourned at 3:18 p.m.
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Note: The action docket is a summary of Council's meeting deliberations prepared largely for staff follow-up. Formal Minutes of the meeting, when approved by Council, become the official record of the meeting and of Council decisions made at the meeting.
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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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