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Office of the City Clerk
November 17, 2004

The Dedication of the Renovated Durant
Center (1605 Cameron Street) occurred
at 8:30 a.m. on Saturday, November 13, 2004.


Public Hearing Meeting
Saturday, November 13, 2004 - - 9:30 a.m.

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OPENING

New Business Item #1: Shelly Santos, Division Chief, ITS, briefed Council on the new laptop computers at the seats for use during the Council meetings.

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) Annabelle Fisher, 6161 Edsall Road, spoke about the increase in the rates for Comcast services and requested that Council consider allowing other cable companies to compete for customers in Alexandria.

(b) Shanna Gerlach, a first grade student at Mount Vernon Community School, thanked City Council for approving the School's Budget, which included money for improvements to the playground at Mount Vernon Community School.

(c) Christopher Gerlach, a fourth grade student at Mount Vernon Community School, read a thank you letter to Council for the improvements to the playground at Mount Vernon Community School and presented City Council with letters from his classmates.

(d) Charniele Herring, 715 North Ashton Street, spoke on behalf of the Commission on Women and requested that City Council reconsider including $20,000 in the current budget to complete the Needs Assessment project.

Councilwoman Woodson requested that the consideration of granting $20,000 to the Commission on Women be docketed for the next regular legislative meeting in November.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-11)

Planning Commission

3. ENCROACHMENT #2004-0008
335 NORTH PATRICK STREET
FENCING
Public Hearing and Consideration of a request for an encroachment of a picket fence into the public right-of-way; zoned RB/Residential. Applicant: David and Sarah Goldstein.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

4. SPECIAL USE PERMIT #2004-0079
4551 DUKE STREET- FOXCHASE CENTER (Parcel Address:4513 Duke Street)
RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CG/Commercial. Applicant: Kuang Hui Li.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

5. SPECIAL USE PERMIT #2004-0080
300 MONTGOMERY STREET
THE MONTGOMERY CENTER
Public Hearing and Consideration of a request for a special use permit amendment to change the allowable square foot area for restaurants, personal service uses and new businesses; zoned CRMU-X/Commercial Residential Mixed Use. Applicant: MRE Properties by Bruce Machanic.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

6. SPECIAL USE PERMIT #2004-0085
820 SOUTH PICKETT STREET
RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned I/Industrial. Applicant: Golden Lilly Foods Corp. by Cam T. Luu

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

7. SPECIAL USE PERMIT #2004-0086
105 SOUTH UNION STREET
FIREHOOK BAKERY
Public Hearing and Consideration of a request for a special use permit amendment to add seating and extend the hours of operation; zoned CD/Commercial Downtown. Applicant: Firehook of Union, Inc., by Duncan Blair, attorney.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

8. SPECIAL USE PERMIT #2004-0088
2615 MT VERNON AVENUE
LOS TIOS RESTAURANT
Public Hearing and Consideration of a request for a special use permit for an expansion of a restaurant; zoned CL/Commercial Low. Applicant: Meija Brothers, Inc. by Mariela Vado.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

9. SPECIAL USE PERMIT #2004-0084
3108 MOUNT VERNON AVENUE (Parcel Address 3110 Mt. Vernon Ave)
RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Vo Thin by Thuy Le.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

10. SPECIAL USE PERMIT #2004-0087
2609 & 2611 MT VERNON AVENUE
CURVES FOR WOMEN
Public Hearing and Consideration of a request for a special use permit to operate a fitness studio; zoned CL/Commercial Low. Applicant: Curves for Women by Jim Gasson.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

11. SPECIAL USE PERMIT #2004-0057
2108 MOUNT 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 CL/Commercial Low. Applicant: 7-Eleven, Inc. by Maynard Sipe, attorney.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the action consent calendar, with the removal of items #3, #5, #8 and # 11, which were considered under separate motions:

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

4. City Council approved the Planning Commission recommendation.

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

6. City Council approved the Planning Commission recommendation.

7. City Council approved the Planning Commission recommendation.

8. City Council approved the Planning Commission recommendation with the amendment to the hours during which the restaurant is open to the public shall be restricted to between 7:00 a.m. and 11:00 p.m., Sunday through Thursday, and between 7:00 a.m. and 12:00 Midnight on Friday and Saturday. Hours of operation for the outdoor dining area shall be limited to between 8:00 a.m. to 10:00 p.m., daily. The outdoor dining area shall be cleared of all diners by 10:00 p.m. and the area cleaned and washed by 10:30 p.m. The hours during which the retail business is open to the public shall be restricted to between 9:00 a.m. and 11:00 p.m., Monday through Saturday, and between 9:00 a.m. and 10:00 p.m. on Sunday. (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 with the addition of two conditions: (1) establish a community liasion to work with community and (2) the monitoring of a gate behind the building to prevent unwanted activity in the alley. (separate motion)
Council Action:_________________________________________________________

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

12. Public Hearing To Consider the City's Legislative Package for the 2005 General Assembly Session. (#15, 10/26/04)

City Council held the public hearing to consider the City's Legislative Package for the 2005 General Assembly Session.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

13. TEXT AMENDMENT #2004-0001
POTOMAC YARD DESIGN ADVISORY COMMITTEE
Public Hearing and Consideration of an amendment to Section 5-602 of the Zoning Ordinance to change the required composition of the Potomac Yard Design Advisory Committee. Applicant: Department of Planning and Zoning.

PLANNING COMMISSION ACTION: RECOMMEND REJECTION OF THE TEXT AMENDMENT 7-0

City Council held the public hearing and reversed the recommendation of the Planning Commission and recommended an amendment to Section 5-602 of the Zoning Ordinance to change the required composition of the Potomac Yard Design Advisory Committee to include a two representatives from Potomac East (Northeast and Inner City).
Council Action:_________________________________________________________

14. TEXT AMENDMENT #2004-0007
AMENDMENT TO FLOOR AREA RATIO IN THE CD-X ZONE
Public Hearing and Consideration of a text amendment to the Zoning Ordinance to amend the permitted floor area ratio for buildings and structures in the CD-X zone, excluding those within the Old and Historic District. Applicant: Department of Planning and Zoning.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

City Council held the public hearing and approved the recommendation of the Planning Commission with the following changes: (1) Section 4-600 (B)(2)(b)(ii) include defining words "residential" and "office/commercial" for underground parking requirement; and (2) Section 4-606 (B)(2)(b)(vi) change last sentence to read "Mews units are discouraged."
Council Action:_________________________________________________________

15. DEVELOPMENT SPECIAL USE PERMIT #2002-0043
1000-1027 NORTH ROYAL STREET & 329 and 327 FIRST STREET
POSTMASTERS PROPERTY
Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications to construct a multi family condominium building; zoned CD-X/Commercial Downtown. Applicant: The Holladay Corporation by J. Howard Middleton, Jr., attorney.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 6-1

City Council held the public hearing and approved the recommendation of the Planning Commission with the following amendments: (1) include language in Condition #64 that gives staff the option of allowing the developer to make a monetary contribution of $5 per gross square foot to the Housing Trust Fund; (2) include language in Condition #76 from the Howard Middleton memorandum dated November 12, 2004 stating, "the applicant shall identify a person who will serve as liasion to the community throughout the duration of construction. The name and telephone number of this individual shall be provided in writing to residents, property managers and business owners whose property abuts the site, and to the Directors of P&Z and T&ES. The liaison shall meet with community representatives on a monthly basis, if necessary." Condition #76 should also include an additional line stating, "The applicant shall develop a plan of communication with the community in consultation with the Departments of Planning and Zoning and Transportation and Environmental Services;" (3) include language in Condition #87 from the Howard Middleton memorandum dated November 12, 2004 stating, "The applicant shall attempt to minimize construction noise, especially pile driving, during the hours between 1:00 p.m. and 3:00 p.m. EST, on school days. In general, the applicant shall comply with applicable provisions of the Noise Control Ordinance, including Section 11-5-4 and Section 11-5-5 (related to noise levels for motorized construction devices);" (4) modify Condition #90 to read as follows: "Prior to issuance of a demolition permit for existing structures on the site, the applicant shall submit an absestos removal and fugitive dust control plan to the Code Enforcement Divsion;" (5) modify Condition #85(a) to read as follows: "Construction trucks removing debris shall arrive and depart from the site via North Royal Street unless directed otherwise by the Director of T&ES;" (6) include in condition #22 a noise suppression plan to be determined by the Director of Transportation and Environmental Services; and (7) encourage the applicant to work with Habitat for Humanity Restore program for reuse of leftover building materials.
Council Action:_________________________________________________________

16. DEVELOPMENT SPECIAL USE PERMIT #2003-0019
1180 & 1100 PENDLETON STREET, 1121 & 1101 ORONOCO STREET AND 511 N. FAYETTE STREET.
THE MONARCH (HENNAGE PROPERTY)
Public Hearing and Consideration of a request for a development special use permit, with site plan and modifications to construct a residential building with ground floor retail; zoned CRMU-H/Commercial Residential Mixed Use High. Applicant: Diamond Alexandria, LLC by Harry P. Hart, attorney

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 6-1

City Council held the public hearing and approved the recommendation of the Planning Commission with the following modifications: (1) the addition of condition #101 stating,"the applicant shall relocate 2-3 units that are recommended to be eliminated to minimize the perceived mass and scale on North Henry Street to the satisfaction of the Director of Planning and Zoning;" (2) to include language in condition #16(2) concerning additional bike racks stating, " the applicant shall reserve additional spaces for expansion to the satisifaction to the Director of Transportation and Environmental Services;" (3) include language in condition #85 that gives staff the option of allowing the developer to make a monetary contribution of $1 million to the Housing Trust Fund in lieu of the 5 affordable units; (4) remand the restaurant special use permit back to the Planning Commission for public hearing and public comment; (5) modify the language in condition 17(j) to state, "A public art feature that is an appropriate scale for the space shall be provided and permanently mounted within the public pocket park, located in consultation with the Director of Planning and Zoning and the Arts Commission;" (6) include language in condition #40 stating, "the applicant shall develop a plan of communication with the community in consultation with the Departments of Planning and Zoning and Transportation and Environmental Services;" and (7) encourage the applicant to work with Habitat for Humanity Restore program for reuse of leftover building materials.
Council Action:_________________________________________________________

17. TEXT AMENDMENT #2004-0008
AMENDMENT TO NONCOMPLYING USE REGULATION APPLICABLE TO COAL FIRED POWER PLANTS
Public Hearing and Consideration of a request for a text amendment to the Zoning Ordinance to revoke the noncomplying use status of coal fired power plants, which was granted in 1992, and to categorize such plants as nonconforming uses, subject to abatement. Applicant: City of Alexandria, City Attorney's Office.

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

City Council held the public hearing and approved the Planning Commission recommendation.
Council Action:_________________________________________________________

18. VACATION #2004-0001
700 SOUTH LEE STREET
Public Hearing and Consideration of a request for a vacation of a public right-of-way; zoned RM/Residential Medium. Applicant: Ruby R. Schropp (Deferred from the 9/21/04 meeting)

PLANNING COMMISSION ACTION: RECOMMEND APPROVAL 7-0

City Council held the public hearing and approved the Planning Commmission recommendation. The following viewers were appointed: Rodger Digilio, Gila Harris and John Hines.
Council Action:_________________________________________________________

19. SPECIAL USE PERMIT #2003-0115
301 LAVERNE AVENUE
SUBSTANDARD LOT DEVELOPMENT
Public Hearing and Consideration of a request for a special use permit to construct a single family dwelling on a substandard lot and for a parking reduction; zoned R/Residential. Applicant: Brett D. Rice (Deferred from the 9/21/04 and 10/16/04 meetings)

PLANNING COMMISSION ACTION: RECOMMEND DENIAL 7-0

City Council held the public hearing and approved the Planning Commission recommendation for denial.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

20. Public Hearing, Second Reading and Final Passage of an Ordinance to Convert Four Designated Positions on the Sister Cities Committee For Representatives From the Police Department, Fire Department, Alexandria Convention and Visitors Association and the School Board to Four Citizen Voting Members. (#15, 11/9/04)(ROLL-CALL VOTE)

City Council passed the ordinance to convert four designated positions on the Sister Cities Committee for representatives from the Police Department, Fire Department Alexandria Convention and Visitors Association and the School Board to four voting members. (Ord. No. 4365)
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (21-22)

Planning Commission (continued)

21. 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: DEFERRED

22. 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: DEFERRED

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_________________________________________________________

23. Receipt of Report on the Transportation Management Plan (TMP) and Guest Parking for the Park Tower Condominium Located at 4380 King Street.

City Council received the report on the Transportation Management Plan (TMP) and Guest Parking for the Park Tower Condominium located at 4380 King Street.
Council Action:_________________________________________________________

New Business Item #2: City Council adopted a resolution to come out of the executive session meeting held this week for conducting follow-up interviews with candidates for City Manager. (Res. No. 2123)

New Business Item #3: City Council adopted a motion for the City Council to convene in closed executive session, Saturday, November 20, 2004 at 8:00 a.m., pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, for the purpose of discussing the appointment of the new City Manager.
The meeting adjourned at 5:15 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.


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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