Action Docket for Public Hearing Meeting (06/21/2005)

Office of the City Clerk
June 22, 2005

Public Hearing Meeting
Tuesday, June 21, 2005 - - 4:00 p.m.

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OPENING

1. Calling the Roll.

The meeting was called to order by Mayor Euille, and the City Clerk called the Roll; all the Members of City Council were present, with the exception of Councilman Krupicka, who was absent.
Council Action:_________________________________________________________

2. Public Discussion Period.

(a) Jim Fishback, 3004 Dartmouth Road, representing himself and his neighbors, asked for Council's help on restraining Bishop Ireton High School from converting its athletic fields non-school hours into a public sports complex, and he presented a copy of a petition signed by 43 Clover College Park homeowners.

(b) Jim Boissonnault, 8 E. Mason Avenue, spoke of the Alexandria City Public Schools education plan and the problems with the School Board and Superintendent.

(c) Poul Hertel, 1217 Michigan Court, spoke of his and his neighbors concerns regarding DASH bus route realignment under discussions, notably #2, and they request that prior to any changes taking place, that a process ensue which incorporates the citizenry.

(d) Joseph Bennett, 5108 Donavan Drive, #402, president of Cameron Station Civic Association, said they would like a break from the nighttime operations of Virginia Paving, the asphalt plant near their neighborhood and Tucker School, as their current special use permit does not permit the nighttime operations, and their current special use permit hours can and should be addressed, and staff has tried to conflate the three issues - the current sup enforcement, the new sup request going before the Planning Commission and environmental health.

(e) Arthur Impasnato, 239 Medlock Lane, thanked Council for taking interest in the Virginia Paving matter and supported the requests to enforce the special use permit for Virginia Paving, and to have an independent third-party conduct the environmental study. He also noted that Virginia Paving's parent, Lane Construction, states in a September 2004 paper that Virginia Paving has crews that are running day and night to complete the Springfield interchange phase 4 project. He said it also sets a bad precedent for others who have sup's, if this sup is not enforced.

(f) Jim Roberts, 2916 Dartmouth Road, said he lives adjacent to the Bishop Ireton athletic field, and he supported the remarks made by Mr. Fishback and wished to join his appeal for City help to restrain Bishop Ireton from converting the private school athletic field into a public sports complex. Mr. Roberts also commended Councilman Gaines, who has strived to resolve the matter.

(g) Julie Crenshaw, 816 Queen Street, spoke about the motorcycle exhaust going over someone's food plate at a local restaurant this past weekend, and she said the motorcycles have toxic fumes, and she said some of the restaurants won't have outdoor dining because of the concern of exhaust and the dirt. Ms. Crenshaw also noted that many of the motorcyclists gun their engines going up and down Union Street and Franklin Street and no one is ticketing them. Ms. Crenshaw also spoke about the pesticides and poisons being put out and the rat boxes in the park, and she spoke of her conversation with Alexandria Pest Control, who has the City's contract, and there are a lot of problems with it and the City should look into it.

(h) Michael Neilson, 4110 Ft. Worth Place, said he is involved with local sports and they are constrained in their ability to serve the children of Alexandria by access to enough fields in sufficiently sound condition to meet the needs of sports for practice time and games. Mr. Neilson said Council will be considering the Jones Point Park plan and they are concerned about maintaining the long-standing existing use of two full-sized athletic fields at that location. Jones Point Park is a unique resource of fields and is uniquely qualified to meet a number of needs, including the needs of youth sports, which require full-size athletic fields.

(i) Harry Hart, 307 N. Washington Street, representing Bishop Ireton, said the matter of Bishop Ireton is appropriate to be handled by a neighborhood liaison committee and is being handled in that fashion. A complaint was made to staff and staff is handling it. He said Bishop Ireton is being a good neighbor, a good number of concessions have been made and will continue to be made. He assured Council that it is not being used as a public sports complex, it is not for lease, and it is not being done for private gain.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-18)

Planning Commission

3. SPECIAL USE PERMIT #2005-0027
1115 MARTHA CUSTIS DRIVE
CHARLES BARRETT ELEMENTARY SCHOOL
Public Hearing and Consideration of a request for a special use permit to allow a freestanding sign at an elementary school; zoned RB/Residential. Applicant: Alexandria City Public Schools by Mark Krause

PLANNING COMMISSION ACTION: Recommend Approval 7-0

4. SPECIAL USE PERMIT #2005-0030
1115 MARTHA CUSTIS DRIVE
CHARLES BARRETT ELEMENTARY SCHOOL
Public Hearing and Consideration of a request for a special use permit to extend the use of an existing temporary classroom trailer; zoned RB/Residential. Applicant: Alexandria City Public Schools by Mark Krause

PLANNING COMMISSION ACTION: Recommend Approval 7-0

5. SPECIAL USE PERMIT #2005-0029
3600 COMMONWEALTH AVENUE
CORA KELLY ELEMENTARY SCHOOL
Public Hearing and Consideration of a request for a special use permit to extend the use of existing temporary classroom trailers; zoned RB/Residential. Applicant: Alexandria City Public Schools by Mark Krause

PLANNING COMMISSION ACTION: Recommend Approval 7-0

6. SPECIAL USE PERMIT #2005-0031
5000 POLK AVENUE
JAMES K POLK ELEMENTARY SCHOOL
Public Hearing and Consideration of a request for a special use permit to extend the use of existing temporary classroom trailers; zoned R12 and R20/Residential. Applicant: Alexandria City Public Schools by Mark Krause

PLANNING COMMISSION ACTION: Recommend Approval 7-0

7. SPECIAL USE PERMIT #2005-0032
104 N. WEST STREET (Parcel Address: 1401 King Street)
RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Catering by Charlene by Charlene Dantzler-Henry

PLANNING COMMISSION ACTION: Recommend Approval 7-0

8. SPECIAL USE PERMIT #2005-0034
701 & 703 NORTH WASHINGTON STREET
EXXONMOBIL CORPORATION
Public Hearing and Consideration of a request for a special use permit to continue the operation of a service station with an ancillary convenience store; zoned CD-X/Commercial Downtown. Applicant: ExxonMobil by Catharine Puskar, attorney

PLANNING COMMISSION ACTION: Recommend Approval 7-0

9. SPECIAL USE PERMIT #2005-0036
3113 DUKE STREET (Parcel Address: 3125 Duke Street)
STARBUCKS
Public Hearing and Consideration of a request for a special use permit to operate a restaurant (coffeehouse); zoned CG/Commercial General. Applicant: Starbucks by Jonathan Rak, attorney and JBG Rosenfeld Retail

PLANNING COMMISSION ACTION: Recommend Approval 7-0

10. SPECIAL USE PERMIT #2005-0037
3217 DUKE STREET (Parcel Address: 3125 Duke Street)
Z PIZZA RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Z Pizza by Jonathan Rak, attorney and JBG Rosenfeld Retail

PLANNING COMMISSION ACTION: Recommend Approval 7-0

11. SPECIAL USE PERMIT #2005-0038
3215 DUKE STREET (Parcel Address: 3125 Duke Street)
QUIZNOS SUBS
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial General. Applicant: Quiznos Subs by Jonathan Rak, attorney and JBG Rosenfeld Retail

PLANNING COMMISSION ACTION: Recommend Approval 7-0

12. SPECIAL USE PERMIT #2005-0039
3209 DUKE STREET (Parcel Address: 3125 Duke Street)
SUCCESSLAB LEARNING CENTER
Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CG/Commercial General. Applicant: SuccessLab Learning Center by Jonathan Rak, attorney and JBG Rosenfeld Retail

PLANNING COMMISSION ACTION: Recommend Approval 7-0

13. SPECIAL USE PERMIT #2005-0020
305 HOOFS RUN DRIVE
COFFEE SHOP/JUICE BAR/CAFE
Public Hearing and Consideration of a request for a special use permit to operate a restaurant (coffeehouse/juicebar/cafe); zoned CDD-11/Coordinated Development District. Applicant: Scott Morrison

PLANNING COMMISSION ACTION: Recommend Approval 7-0

14. SPECIAL USE PERMIT #2005-0024
814 NORTH FAIRFAX STREET
BRUSCATOS DELI
Public Hearing and Consideration of a request for a special use permit to change the hours of operation and ownership of a restaurant; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: Mikhael Copty

PLANNING COMMISSION ACTION: Recommend Approval 7-0

15. SPECIAL USE PERMIT #2005-0045
3122 MT VERNON AVENUE
MIA'S MARKET CONVENIENCE STORE
Public Hearing and Consideration of a request for a special use permit to continue the operation of a nonconforming convenience store use; zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Mia Kim

PLANNING COMMISSION ACTION: Recommend Approval 7-0

16. ENCROACHMENT #2005-0001
699 PRINCE STREET
CANOPY
Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a canopy; zoned CD/Commercial Downtown. Applicant: National Center for Missing and Exploited Children by Bill Shaffer

PLANNING COMMISSION ACTION: Recommend Approval 7-0

17. SPECIAL USE PERMIT #2005-0033
2406 MOUNT VERNON AVENUE
CHILD CARE HOME
Public Hearing and Consideration of a request of a special use permit to operate a child care home; zoned CL/Commercial Low. Applicant: Dawn Abate

PLANNING COMMISSION ACTION: Recommend Approval 7-0

18. VACATION #2005-0002
632 SOUTH FAIRFAX STREET AND 211 SOUTH FRANKLIN STREET
STEVENS SWITCH, LLC
Public Hearing and Consideration of a request to vacate an area of public right-of-way; zoned CL/Commercial Low. Applicant: Stevens Switch, LLC by Duncan Blair, attorney
PLANNING COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the action consent calendar, with the exception of docket items #8, 14, 16, 17 and 18, which was considered under separate motions.

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. (separate motion)

9. City Council approved the Planning Commission recommendation.

10. City Council approved the Planning Commission recommendation.

11. City Council approved the Planning Commission recommendation.

12. City Council approved the Planning Commission recommendation.

13. City Council approved the Planning Commission recommendation.

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

15. City Council approved the Planning Commission recommendation.

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

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

18. City Council deferred this item until the Board of Architectural Review acts on the demolition request. (separate motion)
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER
None

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)

19. DEVELOPMENT SPECIAL USE PERMIT #2003-0021
2707-2711 MOUNT VERNON AVENUE
THE LOFTS AT DEL RAY VILLAGE
Public Hearing and Consideration of a request for a development special use permit, with site plan, modifications, and subdivision, for the construction of a mixed-use building; zoned CL/Commercial Low in the Mount Vernon Avenue Overlay Zone. Applicant: Gaver Nichols
PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

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

20. DEVELOPMENT SPECIAL USE PERMIT #2005-0009
3750 JEFFERSON DAVIS HIGHWAY
ALEXANDRIA TOYOTA
Public hearing and Consideration of a request for an extension of a development special use permit, with site plan to construct a parking structure; zoned CDD-7/Coordinated Development District. Applicant: Alexandria Toyota by Harry Hart, attorney

PLANNING COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation.
Council Action_________________________________________________________

21. SPECIAL USE PERMIT #2005-0050
1210 QUEEN STREET
CROMLEY LOFTS
Public Hearing and Consideration of a request for a special use permit, with plot plan to increase the floor area ratio (FAR) and a parking reduction; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Cromley Lofts, LLC by Duncan Blair, attorney

PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

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

Board of Architectural Review

22. Case BAR 2005-0104 - Appeal - Board of Architectural Review, 1210 Queen Street, CRMU-M Commercial. Appeal of the BAR's decision approving a permit to demolish/encapsulate. Applicant: William Cromley. Appellant: Leslie D. Zupan on behalf of petitioners.

City Council upheld the BAR decision to approve the permit to demolish and encapsulate.
Council Action:_________________________________________________________

Planning Commission (continued)

23. SPECIAL USE PERMIT #2005-0035
3314 JEFFERSON DAVIS HIGHWAY
CONVENIENCE STORE
Public Hearing and Consideration of a request for a special use permit to continue the operation of a nonconforming convenience store use; zoned CSL/Commercial Service Low. Applicant: Mok Bae Lim

PLANNING COMMISSION ACTION: Recommend Approval w/amendments 7-0

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

24. Public Hearing and Consideration of a Petition for an Extension of the 12 Month Period for a Day Labor Agency (Ace Temporaries) to Cease Operations Under Section 12-215 of the Zoning Ordinance.

City Council denied the request for an extension and for Ace Temporaries to cease operation within 30 days of June 21, 2005.
Council Action:_________________________________________________________

25. Subdivision #2005-0002 - Appeal - 227 North Latham Street, R-8/Residential. Appeal of the Planning Commission’s decision denying the subdivision of the subject property into two lots. Applicant and Appellant: Barry E. Seymour by Catharine Puskar, attorney

City Council upheld the Planning Commission decision.
Council Action:_________________________________________________________

Board of Architectural Review (continued)

26. Case BAR 2004-0197 - Appeal - Board of Architectural Review, 321 Queen Street, RM Residential. Appeal of the BAR's decision denying an after-the-fact request for a shed and pergola. Applicant and Appellant: Gary and Mary Jean Smith.

City Council modified the BAR decision to incorporate the compromise as presented by staff.
Council Action:_________________________________________________________

27. Case BAR 2005-0097 - Appeal - Board of Architectural Review, 101 Queen Street, RM Residential. Appeal of the BAR's decision denying a vinyl-clad window. Applicant and Appellant: James Slear.

City Council upheld the BAR decision.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

28. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions in the City Code Regulating Inoperable Motor Vehicles. (#13, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code regulating inoperable motor vehicles. (ORD. NO. 4404)
Council Action:_________________________________________________________

29. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code to Enhance Enforcement Options for Motor Vehicles on Which Personal Property Taxes Are Delinquent. (#14, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to enhance enforcement options for motor vehicles on which personal property taxes are delinquent. (ORD. NO. 4405)
Council Action:_________________________________________________________

30. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code Establishing the City's Residential Rental Inspection and Permit Program. (#15, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code establishing the City's residential rental inspection and permit program. (ORD. NO. 4406)
Council Action:_________________________________________________________

31. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code to Allow Home Daycare and Health Care Providers to Obtain Permits to Park in Residential Permit Parking Districts. (#16, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code to allow health care providers to obtain permits to park in residential permit parking districts for a period of one year. (ORD. NO. 4407)
Council Action:_________________________________________________________

32. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code to Reform the BPOL Tax. (#17, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code to reform the BPOL tax. (ORD. NO. 4408)
Council Action:_________________________________________________________

33. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code Requiring the Removal of Graffiti. (18, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code requiring the removal of graffiti. (ORD. NO. 4409)
Council Action:_________________________________________________________

34. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code to Regulate the Operation of Mopeds and "Pocket Bikes." (#19, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code to regulate the operation of mopeds and pocket bikes, as amended. (ORD. NO. 4410)
Council Action:_________________________________________________________

35. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Provisions of the City Code Establishing Fire Prevention Regulations. (#20, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to amend the provisions of the City Code establishing fire prevention regulations. (ORD. NO. 4411)
Council Action:_________________________________________________________

36. Public Hearing, Second Reading and Final Passage of an Ordinance to Adopt the King Street Retail Strategy as a Part of the City's Master Plan. (#21, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to adopt the King Street Retail Strategy as part of the City's Master Plan. (ORD. NO. 4412)
Council Action:_________________________________________________________

37. Public Hearing, Second Reading and Final Passage of an Ordinance to Adopt the King Street Urban Retail Zone. (#22, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to adopt the King Street Urban Retail Zone. (ORD. NO. 4413)
Council Action:_________________________________________________________

38. Public Hearing, Second Reading and Final Passage of an Ordinance to Adopt the King Street Outdoor Dining Overlay Zone. (#23, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to adopt the King Street Outdoor Dining Overlay Zone. (ORD. NO. 4414)
Council Action:_________________________________________________________

39. Public Hearing, Second Reading and Final Passage of an Ordinance to Establish a New Parking Meter Zone in East Eisenhower. (#24, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance to establish a new parking meter zone in East Eisenhower. (ORD. NO. 4415)
Council Action:_________________________________________________________

40. Public Hearing, Second Reading and Final Passage of an Ordinance to Approve an Encroachment for a Hotel Canopy at 400 Courthouse Square. (#25, 6/1405) (ROLL-CALL VOTE)

City Council passed an ordinance to approve and encroachment for a hotel canopy at 400 Courthouse Square, as amended. (ORD. NO. 4416)
Council Action:_________________________________________________________

41. Public Hearing, Second Reading and Final Passage of an Ordinance Making Supplemental Appropriations for FY 2005. (#26, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance making supplemental appropriations for FY 2005. (ORD. NO. 4417)
Council Action:_________________________________________________________

42. Public Hearing, Second Reading and Final Passage of an Ordinance Making Appropriations for FY 2006. (#27, 6/14/05) (ROLL-CALL VOTE)

City Council passed an ordinance making appropriations for FY 2006. (ORD. NO. 4418)
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

43. CITY CHARTER SECTION 9.06 CASE #2005-0001
2600 BUSINESS CENTER DRIVE
Consideration of a proposal by the City of Alexandria to acquire the property at 2600 Business Center Drive for use as outdoor recreational fields pursuant to the provisions of Section 9.06 of the City Charter. Staff: Departments of Transportation and Environmental Services, Recreation, Parks and Cultural Activities, Planning and Zoning and Historic Alexandria.
PLANNING COMMISSION ACTION: Approved 7-0
(THIS ITEM IS NOT A SET PUBLIC HEARING BUT IS FOR CITY COUNCIL'S INFORMATION ONLY--NO APPROVAL IS NECESSARY.)
City Council received the information.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (44-46)

Planning Commission (continued)

44. SPECIAL USE PERMIT #2005-0025
1711 CENTRE PLAZA
BREAD OF LIFE, INCORPORATED
Public Hearing and Consideration of a request for a special use permit to expand an existing bakery to include restaurant service and seating; zoned CG/Commercial General. Applicant: Bread of Life, Inc., by Richard Kent

PLANNING COMMISSION ACTION: Deferred

45. SPECIAL USE PERMIT #2004-0105
219 A NORTH WEST STREET (rear)
DEVELOPMENT w/o STREET FRONTAGE and PARKING REDUCTION
Consideration of a request for a special use permit to construct a single family dwelling on a lot without street frontage and for a reduction in required parking; zoned RB/Residential. Applicant: Sarah Allen

PLANNING COMMISSION ACTION: Deferred 6-1

46. DEVELOPMENT SPECIAL USE PERMIT #2005-0009
6100 & 6110 LINCOLNIA ROAD
LINCOLNIA ROAD RESIDENCES
Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications to construct a residential building with underground parking; zoned CRMU-M/Commercial Residential Mixed Use Medium. Applicant: Diamond Lincolnia, LLC by Harry P. Hart, attorney

PLANNING COMMISSION ACTION: Deferred (applicant's request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_________________________________________________________

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The meeting adjourned at 11:50 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 the meeting and of Council decisions made at the meeting.

This docket is subject to change.

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