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Office of the City Clerk
February 15, 2005

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, February 12, 2005 - - 9:30 a.m.

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OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the Deputy City Clerk called the roll; all the members of City Council were present.
Council Action:_________________________________________________________

2. Public Discussion Period.

(a) Ross Bell, 820 South Washington Street, B329, spoke about the condominium conversion at the Bearings, how the tenants were receiving misinformation from the owners about the conversion and how the tenants were being affected by the prices of the newly converted condominiums.

Mayor Euille suggested that a meeting be held with property owners/developers and that there be a distribution of materials to residents outlining their rights under the conversion laws.

Vice Mayor Pepper requested a list of all the condominium conversions in Alexandria and a list potential condominium conversions complied by staff.

(b) Jeremy Flachs, Alexandria, spoke on behalf of Housing Action about the retention of affordable housing in Alexandria. Mr. Flachs noted that the developer contributions legislation had been eliminated by the General Assembly and he hoped that Council would be investigating ways to increase funds for the purchase and retention of affordable housing.

City Attorney Pessoa noted that the State Code does allow the City to require filing with the City of the same papers in advance of the conversion. Mr. Pessoa stated that he would bring an ordinance as soon as possible to require such action.

(c) Nancy Carson, 301 West Masonic View, spoke about affordable housing in Alexandria and the need to increase ways and funds for the purchase of affordable housing by citizens.

(d) Caroline H. Orner, 906 South Washington Street, #201, spoke about the condominium conversion at the Bearings and possible code violations happening during the conversion.

(e) Vernon Weibel, 820 South Washington Street, Apt. 125B, expressed his concern about the safety/health issues (asbestos) from the construction for improvements to the Bearings condominiums. Mr. Weibel noted that residents have not been notified properly of the conversion process and parking issues in the area.

Councilman Macdonald requested that staff develop a strategy for condominium conversions that would alleviate some of the tenants' anxiety.

Councilman Krupicka requested an evaluation of the current homeownership programs that might be applicable to the residents in circumstances like this one and how resources in the programs were lacking in the ability to help the residents purchase their condominiums.

Vice Mayor Pepper requested that staff meet with the residents in the condominium conversions and explain the process.

(f) Jim Laychak, 1302 Key Drive, requested Council support of the Key Drive drainage study which is part of the Capital Improvement Budget.

(g) Gary Warner, 1300 Key Drive, requested Council support of the Key Drive drainage study which is part of the Capital Improvement Budget.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-5)

Planning Commission

3. SPECIAL USE PERMIT #2004-0102
1640 KING STREET
QUIZNO'S RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned OCH/Office Commercial High. Applicant: Maziar Choubineh

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL, AS AMENDED, 4-3

4. SPECIAL USE PERMIT #2004-0058
3412 MOUNT VERNON AVENUE (Parcel Address: 3408 Mt. Vernon Avenue)
7-ELEVEN, INC.
Public Hearing and Consideration of a request for a special use permit to operate a nonconforming convenience store use; zoned CG/Commercial General. Applicant: 7-Eleven, Inc. by Maynard Sipe, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

5. SPECIAL USE PERMIT #2004-0101
1219 ORONOCO STREET
PARKING REDUCTION
Public Hearing and Consideration of a request for special use permit to allow a parking reduction at a residential building; zoned RB/Residential. Applicant: 1219 Oronoco, LLC by Duncan Blair, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 6-1

END OF ACTION CONSENT CALENDAR

City Council approved the action consent calendar, with the removal of items #3, #4 and #5, which were considered under separate motions:

3. City Council approved the Planning Commission recommendation. (separate motion)

4. City Council approved the Planning Commission recommendation with amendments to condition #11 to include pedestrian scale lighting to complement the Landover path improvements, in lieu of cobra head light heads depicted in the revised drawings and the modification of condition #5 to include fortified beer with staff discretion at setting the alcohol content. (separate motion)

5. City Council approved the Planning Commission recommendation with a modification to condition #2 to include the language, "The maximum number of residential units shall be limited to eleven in the existing building." (separate motion)
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

6. Public Hearing on the Policy Changes in Developer Contributions for Affordable Housing (#18, 1/25/05) This item has been deferred.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

7. DEVELOPMENT SPECIAL USE PERMIT #2003-0032
1601, 1603 and 1607 DUKE STREET
THE SOCIETY OF AMERICAN FLORIST AND
ORNAMENTAL HORTICULTURISTS
Public Hearing and Consideration of a request for a development special use permit, with site plan, to develop an office building to include ground floor retail, below grade parking and a request to include the operation of restaurant on the ground floor; zoned OCH/Office Commercial High. Applicant: The Society of American Florist and Ornamental Horticulturists by Duncan Blair, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL, AS AMENDED, 7-0

City Council held the public hearing and approved the Planning Commission recommendation with the following amendments: 1) modify condition #6 to include language concerning training for alcohol sales; 2) include a new condition #51 stating, "the underground parking shall be available as needed during evenings and weekends as recommended by the King Street retail parking strategies to the satisfaction of the Director of P & Z and that parking be viable;" 3) include a new condition #52 stating, "the applicant shall participate in any larger Transportation Management Plan efforts for the area and shall coordinate with adjoining transportation management plans to the satisfaction of the Director of T&ES and P&Z;" 4) Delete the amendment to condition #9e stating, "The public art may include landscaping or comparable amenity;" and 5) the inclusion of additional bicycle racks as needed.
Council Action:_________________________________________________________

8. DEVELOPMENT SPECIAL USE PERMIT #2004-0025
4513-4657 DUKE STREET
FOXCHASE SHOPPING CENTER
Public Hearing and Consideration of a request for a development special use permit, with site plan, for redevelopment of a retail use greater than 20,000 square feet, parking reduction and freestanding signs; zoned CG/Commercial General. Applicant: WRIT by M. Catharine Puskar, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL, AS AMENDED 6-0-1

9. SPECIAL USE PERMIT #2004-0097
4513-4657 DUKE STREET
FOXCHASE SHOPPING CENTER - TRANSPORTATION MANAGEMENT PLAN
Public Hearing and Consideration of a request for a special use permit for a transportation management plan for the Foxchase Shopping Center; zoned CG/Commercial General. Applicant: WRIT by M. Catharine Puskar, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL, AS AMENDED 6-0-1

City Council held the public hearing on docket items #8 and #9 and approved the Planning Commission recommendation with the following amendments: (1) include the standard condition relating to the appropriate regulation of alcohol sales; (2) include language in condition #1b requiring the enforcement of parking decals for employees by WRIT; (3) include a condition addressing pedestrian improvements to occur at Jordan Street entrance; (4) affirm the Planning Commission amendment of condition #1i requiring WRIT to provide security patrol in a manner consistent with Bradlee Shopping Center in consultation with the Police Department; (5) modify condition #29 to require two showers; (6) include a condition relating to pedestrian access at the northwest corner of the property subject to agreement from the adjoining property owner; (7) amend condition #19f concerning landscaping eliminating the first sentence stating, "the applicant shall provide landscaping in the area previously proposed to be occupied by the 3,272 square feet retail area." Also amend condition #19f to state as follows, "The landscaping within the seven eliminated landscape islands shall be located elsewhere on the site, if feasible or in Holmes Run Park;" (8) amend condition #1e by eliminating the words, "Consistent with condition #29;" (9) amend condition #1f to include the words, "Consistent with #29;" (10) amend first sentence of condition #71 to read as follows, "the proposed grocery store shall be permitted to have storage space for carts adjacent to the entrance (both interior and exterior) of the building.;" (11) delete condition #1g concerning valet and tandem parking; (12) amend condition #6 to require a $250,000 contribution from the developer given before the issuance of the Certificate of Occupancy for undergrounding utilities for this vicinity of Duke Street; and (13) elimination of condition #72, which required the elimination of the 3272 square feet of retail space and fuutre parking study.
Council Action:_________________________________________________________

Board of Architectural Review
Old and Historic Alexandria District

9.1 CASE NO. 2004-0013
Public Hearing and Consideration of an Appeal of the decision of the Board of Architectural Review, Old and Historic Alexandria District, denying a request for a certificate of appropriateness for an after-the-fact replacement door located at 1302 Michigan Avenue, zoned RB Residential. Applicant and appellant: Heather Eilers-Bowser. (Deferred from 12/18/04 and 1/22/05 meetings)

City Council upheld the decision of the Board of Architectural Review, Old and Historic Alexandria District.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

10. Public Hearing, Second and Final Reading. Passage of an Ordinance to Extend the King Street Outdoor Dining Pilot Program until December 31, 2005. (#10, 2/8/05) (ROLL-CALL VOTE)

City Council passed the ordinance, as amended, to extend the King Street Outdoor Dining Pilot Program until December 31, 2005. (Ord. No. 4380)
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (11-12)

Planning Commission (continued)

11. ENCROACHMENT #2004-0011
315 NORTH PAYNE STREET
RETAINING WALL
Consideration of a request for an encroachment into the public right-of-way for a retaining wall and fence; zoned RB/Residential. Applicant: Linda Lewis by C. Kaya Biron, AIA

PLANNING COMMISSION ACTION: DEFERRED

12. SPECIAL USE PERMIT #2004-0110
3023 DUKE STREET
7-ELEVEN, INC.
Consideration of a request for a special use permit to operate a nonconforming convenience store use; zoned RC/Residential. Applicant: 7-Eleven, Inc., by Maynard Sipe, attorney

PLANNING COMMISSION ACTION: Deferred

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_________________________________________________________

New Business Item #1: City Attorney Pessoa reported that an appeal to a BAR Case had been filed with the City Clerk and Clerk of Council for Case No. 2004-0272, 800 South Royal Street and that the parties had requested that the appeal be vacated and remanded to the Board for further proceedings.

City Council moved to vacate and remand the appeal for BAR Case No. 2004-0272 to BAR for further proceedings.

New Business Item #2: City Attorney Pessoa noted that BAR Case No. 2002-0300, Miles Properties in the 700, 800, and 900 blocks of South Washington Street on the east side and 719 South St. Asaph Street, was approved by the BAR on February 2, 2005, for the replacement of current windows with metal cover windows and penetration of the brick work with HVAC units. City Attorney Pessoa stated that the City would have to issue building permits for the work to commence and he reported that the Zoning Ordinance provides a mechanism whereby the City Manager or staff can appeal to City Council a BAR decision, if Council would like to review that particular decision. The time period for filing the appeal would expire on February 16, 2005. City Attorney Pessoa suggested that Council have the City Manager file an appeal in order to give Council the opportunity to review the work at the condominium conversion.

City Council moved to have the City Manager file an appeal for BAR Case No. 2002-0300.
The meeting adjourned at 5:17 p.m.

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 fthe meeting and of Council decisions made at the meeting.

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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