Action Docket for Public Hearing Meeting (12/18/2004)

Office of the City Clerk
December 20, 2004

Public Hearing Meeting
Saturday, December 18, 2004 - - 9:30 a.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.
Council Action:_________________________________________________________

2. Public Discussion Period.

(a) Chet Avery, 16 E. Linden Street, chair of the Commission on Persons with Disabilities, presented the award given by the Independence Center of Northern Virginia to the Commission on Persons with Disabilities its lifetime achievement award, which he presented to the City Council, and he thanked Council for its support for persons with disabilities.

(b) Richard Stepp, 3303B Commonwealth Avenue, said that since what he wants requires the consent of Council, he would ask for the floor at the end of the meeting today, since it will take more than three minutes.

(c) Pat Troy, 310 Wolf Street, spoke about Phil Sunderland leaving the City, and he said that 98 percent of the business he did for the City was the best, and he was a great steward to the City. He presented the City Manager with three flags to fly on his next desk - the flag of Ireland, the flag of the United States, and the flag of the Commonwealth of Virginia. He also presented a tin of dirt from Waterfront Park, the "no-named" park where there is a no-named statue.

(d) Jim Hurysz, 127 S. Fairfax Street, Arlington, said he is a mobility disabled Veteran and he asked Council to do something about the brick pavers and brick sidewalk paving, as it is too tough on people with mobility disabilities.
Council Action:_________________________________________________________

New Business Item No. 1: Mayor Euille said this is City Manager Phil Sunderland's last meeting, and he invited comment from Council to express their goodbyes.

Councilwoman Woodson said she has enjoyed working with Phil and she wished him Godspeed and good success and prosperity wherever he ends up, as she has learned a lot working with him over the years.

Councilman Gaines said integrity and work ethic stand out when he thinks of Phil, he regretted that he didn't have an opportunity to work with him longer, and he appreciated the help he received as a new Councilmember.

Mayor Euille said he has enjoyed serving as Mayor the past year and a half and getting together with Phil every Friday night for meetings. He said the citizens should know that Phil cares about the City and has a genuine heart. He said when a decision or action needs to be made, the City Manager knows the right decision to make. Mayor Euille said he will miss him.

Vice Mayor Pepper said she has spoken about Phil twice this week already, and was thinking back that after the City Manager is gone, they will remember his famous quotes, such as "Now what is it we're missing here?" and "As I see it, there are five points here." She said those "Sunderlandisms" are what he will be remembered for. She said she hoped his next job would be fulfilling and makes him feel needed and gives purpose and meaning to his life.

Councilwoman Woodson said she had to add a "Sunderlandlism" to the list--"a couple of three things."

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-8)

Planning Commission

3. SPECIAL USE PERMIT #2004-0098
300 SOUTH PICKETT STREET (Unit Address: 364 South Pickett Street)
MARTIAL ARTS STUDIO
Public Hearing and Consideration of a request for a special use permit to operate a martial arts studio; zoned CDD-8/Coordinated Development District. Applicant: Myung H. Kang

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

4. SPECIAL USE PERMIT #2004-0100
85 SOUTH BRAGG STREET
PRIVATE COMMERCIAL SCHOOL

Public Hearing and Consideration of a request for a special use permit to operate a private commercial school (computer training); zoned OCM(100)/Office Commercial Medium. Applicant: Mekuria M. Negia.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

5. SPECIAL USE PERMIT #2004-0092
2419 MT VERNON AVENUE
CABOOSE BAKERY
Public Hearing and Consideration of a request for a special use permit amendment to allow the sale of beer and wine on premises and to extend the hours of operation at a restaurant; zoned CL/Commercial Low. Applicant: Caboose Bakery by Lonnie Rich, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

6. SPECIAL USE PERMIT #2004-0103
1551 & 1550 POTOMAC GREENS DRIVE
RUSTICO RESTAURANT
Public Hearing and Consideration of request for a special use permit to operate a restaurant; zoned CDD/Coordinated Development District. Applicant: Neighborhood Restaurant Group by Stephanie Babin

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

7. SPECIAL USE PERMIT #2004-0096
607 NOTABENE DRIVE
COMMUNITY LODGINGS
Public Hearing and Consideration of a request for a special use permit to expand an existing community center use and for a parking reduction; zoned RA/Residential. Applicant: Gregory Brown, Executive Director

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

8. ENCROACHMENT #2004-0007
833 SOUTH FAIRFAX STREET
FENCE ENCROACHMENT
Public Hearing and Consideration of a request for an encroachment into the public right-of-way for a fence; zoned RM/Residential. Applicant: Tushar Suthar

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the action consent calendar, with the removal of items 6 and 8 and considered them under separate action, as 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, with an amendment to condition #3 to be modified as follows: "The closing hours for the outdoor seating shall be 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday, and there shall be no off-premise alcohol sales after 9:00 p.m. weekdays and 10:00 p.m. weekends." (separate motion)

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation, with an amendment to add a condition #4, to add that "vegetation/plantings will be no higher than 36 inches within the encroachment." (separate motion)
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

None.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

9. SPECIAL USE PERMIT #2004-0089
1300 & 1400 NORTH ROYAL STREET
MIRANT POTOMAC RIVER GENERATING STATION
Public Hearing and Consideration of a request for the revocation of Special Use Permit #2296, granted in 1989, which approved the construction and use of 18,000 square feet of administrative offices, laboratories, conference, training and other space at the Mirant Potomac River Generating Station. Applicant: City of Alexandria, City Attorney's Office

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

10. SPECIAL USE PERMIT #2004-0090
1300 & 1400 NORTH ROYAL STREET
MIRANT POTOMAC RIVER GENERATING STATION
Public Hearing and Consideration of a request for the revocation of Special Use Permit #2297, granted in 1989, which approved the Transportation Management Plan required for the Mirant Potomac River Generating Station. Applicant: City of Alexandria, City Attorney's Office

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

City Council approved the Planning Commission recommendation for items 9 and 10, with the conditions that: 1. the revocation take effect 120 days after City Council action in this matter in order to give the Plant operator a reasonable opportunity to file the necessary special use permit applications as determined by the Director Planning and Zoning to bring the Plant into compliance with the Zoning Ordinance provisions currently in effect if such applications are approved; 2. that in the event such SUP applications are filed within the 120 day period, the effective date of the revocation shall be stayed until final decision by the City Council on such applications; 3. that in the event such SUP applications are approved by the City Council, the revocation of the 1989 special use permits should be dismissed as moot without further action by the Council; 4. that in the event such SUP applications are not approved by the City Council, the revocation of the 1989 special use permits shall forthwith become effective on and the power plant use shall be categorized as an illegal use from and after the final decision by the City Council on such applications.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

11. Public Hearing, Second Reading and Final Passage of an Ordinance to Revoke the Noncomplying Use Status of Coal Fired Power Plants, and to Categorize Such Uses as Nonconforming Uses, Subject to Abatement. (#22, 12/14/04) (ROLL-CALL VOTE)

City Council passed the ordinance (Ord. 4366)
Council Action:_________________________________________________________

12. TEXT AMENDMENT #2004-0009
Public Hearing and Consideration of a text amendment to Section 11-511 of the Zoning Ordinance to authorize the Director of P&Z to approve, as a minor amendment to an existing special use permit, a temporary extension in the hours of operation of a business, to coincide with the hours of operation of a City-sponsored program or event in which the business is participating. Applicant: City of Alexandria

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

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

13. MASTER PLAN AMENDMENT #2004-0001
1323 DUKE STREET
BEASLEY SQUARE
Public Hearing and Consideration of a request to amend the Old Town Small Area Plan chapter of the Master Plan to change the land use designation from single-family residential to multi-family residential; zoned CD/Commercial Downtown. Applicant: Harambee Community and Economic Development Corp. by Jonathan Rak, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 6-0-1

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

14. REZONING #2004-0002
1323 DUKE STREET
BEASLEY SQUARE
Public Hearing and Consideration of a request to rezone the subject property from CD/Commercial Downtown to CRMU-L/Commercial Residential Mixed Use Low. Applicant: Harambee Community and Economic Development Corp. by Jonathan Rak, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 6-0-1

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

15. DEVELOPMENT SPECIAL USE PERMIT #2004-0015
1323 DUKE STREET
BEASLEY SQUARE
Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications, to construct a residential building; zoned CD/Commercial Downtown. Applicant: Harambee Community and Economic Development Corp. by Jonathan Rak, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 6-0-1

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

15.1 Board of Architectural Review
Old and Historic Alexandria District

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.

This item was deferred until January at the request of the applicant.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS (continued)

16. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Minimum Acreage Devoted to Open Space Use That is Required to Qualify For Open Space Use Value Assessment. (#15, 12/14/04) (ROLL-CALL VOTE)

The public hearing on the ordinance was deferred until after staff has compared this to the new State regulations, and staff will review it with the Open Space Committee to give the Committee time to comment.
Council Action:_________________________________________________________

17. Public Hearing, Second Reading and Final Passage of an Ordinance to Increase the Maximum Parcel Size Excluded From Net Worth For Real Estate Exemptions and Deferrals For the Elderly and Disabled. (#16, 12/14/04) (ROLL-CALL VOTE)

City Council passed the ordinance (Ord. 4367)
Council Action:_________________________________________________________

18. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the City’s Snow Removal Regulations. (#17, 12/14/04) (ROLL-CALL VOTE)

City Council passed the ordinance (Ord. 4368)
Council Action:_________________________________________________________

19. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the City’s Dog License Regulations and Fees. (#19, 12/14/04) (ROLL-CALL VOTE)

City Council passed the ordinance (Ord. 4369)
Council Action:_________________________________________________________

20. Public Hearing, Second Reading and Final Passage of an Ordinance to Revise the Composition of the Potomac Yard Design Advisory Committee. (#20, 12/14/04) (ROLL-CALL VOTE)

City Council passed the ordinance, with the following amendments: Page 2, line 34, insert the following new language: (D) Section 2-4-7(f) of the City Code, which prohibits a person from serving on more than one standing committee, shall not apply to service on the Potomac Yard Design Advisory Committee; provided, however, that this subsection shall expire on December 18, 2007; on page 2, line 33, after "to" and before "the" insert: "to the planning commission and city council through the director"; on page 2, line 34, insert the following new language: (E) The director shall send a copy of any proposed preliminary development plan for the CDD to the committee, and the committee shall send its comments to the director in time to be sent to the planning commission together with the staff report on the proposed plan. Each applicant for a preliminary development plan approval shall be encouraged to discuss its proposal with the committee, including prior to the filing of an application for approval of a preliminary development plan. (F) The committee shall establish a regular schedule which provides for meetings at least once per calendar quarter. Additional meetings may be scheduled by the chair of the committee, in consultation with the director." (Ord. 4370)
Council Action:_________________________________________________________

21. Public Hearing, Second Reading and Final Passage of an Ordinance to Amend the Floor Area Ratio in the CD-X Zone. (#21, 12/14/04) (ROLL-CALL VOTE)

City Council passed the ordinance, as amended on page 3, line 30, to strike the word "commercial." (Ord. 4371)
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (22)

Planning Commission (continued)

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

PLANNING COMMISSION ACTION: DEFERRED

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Council Action:_________________________________________________________

New Business Item No. 2: Council asked to have docketed at the first legislative meeting in January where it will affirmatively indicate that the City will take no action regarding condemnation of both the Boat Club building property, as well as the Boat Club parking lot, until such time as those conversations have commenced and gone their course.

New Business Item No. 3: Councilwoman Woodson asked that Mr. Stepp be heard at this time. Mr. Richard Stepp, 3303B Commonwealth Avenue, said that under the City Charter, he thought he had to have the consent of the majority of the Council to speak to the never-ending issues he has had on the fourth floor, and would withdraw his request under Section 2-1.27 of the City Code until the next public hearing. He said if any member of Council wanted to have an hour-long conversation, he would drop the issue.

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The meeting was adjourned at 3:30 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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