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Office of the City Clerk
September 22, 2005




Public Hearing Meeting
Tuesday, September 20, 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 Deputy City Clerk called the Roll; all the Members of City Council were present, except Councilman Gaines, who arrived at 6:15 p.m.
Council Action:_________________________________________________________

NEW BUSINESS: Councilman Smedberg and Mayor Euille presented a check from the The Gulf Coast Relief 5K Run/Walk held on September 17, 2005, in the amount of $114,000 for Hurricane Katrina relief to the Alexandria Chapter of the American Red Cross. Also present for the presentation were Virginia Voght, Chairman, Alexandria Chapter of the American Red Cross; James Carville, organizer; Brian Collins, Pacers Running Store; and Chris Farley, Pacers Running Store.

2. Public Discussion Period.

(a) Fen Chen, 4520 King Street, #902, spoke about concerns with condo associations and how fees are utilized in maintenance of the condominium buildings.

(b) Larry Quetsch, 1575 Forest Villa Lane, McLean, Virginia, spoke about the possible closing of the Christ House and requested an update of the proclamation to Christ House outlining the services that are provided at Christ House. Mr. Quetsch noted the ministry is in jeopardy of continuing to service the less fortunate members of the community because of an investigation from the Health Department.

Mayor Euille noted that the matter has been brought to his attention and requested an update from staff on their findings.

Assistant City Manager Evans reported that the Health Department held a meeting with representatives of Christ House to review the food code and to work with them to reach a resolution soon. Assistant City Manager Evans stated that Council would receive a written report.

(c) Joseph Bennett, 5108 Donovan Drive, #402, spoke about the continuing problems with the Virginia Paving Company and how their Special Use Permit (SUP)
violations are affecting the surrounding neighborhood. Mr. Bennett submitted a letter from the City Attorney addressing the violations for inclusion in the record.

(d) Arthur Impastato, 239 Medlock Lane, spoke about the continuing problems with the Virginia Paving Company located behind Cameron Station and he noted some of the environmental issues that are affecting the health of the residents. Mr. Impastato requested that the City work to ensure that Virginia Paving Company was compliant with all City and State regulations.

(e) Poul Hertel, 1217 Michigan Court, reported that the Mirant Plant will be reopening one of the boilers at the Potomac River Plant on September 21 and he noted that the plant created a new plan that will allow them to open, avoiding Virginia Department of Environmental Quality (VDEQ). Mr. Hertel noted that the environment will not be safe for the nearby residents if the plant is reopened and requested enforcement by the City to stop the reopening.

(f) Elizabeth Chimento, 1200 North Pitt Street, spoke about the reopening of Mirant Potomac River Plant on September 21 and noted that Mirant did not need the approval of the VDEQ to reopen. She reported that if standards were violated, there would be immediate enforcement by the VDEQ. Ms. Chimento reported that Mirant claims to use the same modeling protocol approved by the VDEQ with inputs that reflect more realistic operating conditions hoping their model will surpass the standards of the VDEQ and Environmental Protection Agency (EPA). Ms. Chimento requested enforcement by the City to stop the reopening.

Council engaged in a discussion with members of staff on how to stop the plant from reopening.

City Attorney Pessoa noted that he has just become aware that the plant would be reopening and he would review the information with outside counsel and consultants to determine if the City needed to go to court in the morning to enjoin the operation of the plant.

(g) Julie Crenshaw, 816 Queen Street, requested that reports from outside entities be properly credited to companies that create them. Ms. Crenshaw also expressed concern about the reopening of the Mirant Plant, noting that stack #1 will be started. Ms. Crenshaw pointed out that Mirant has not conducted themselves honorably throughout this entire process.

(h) Van Van Fleet, 26 Wolfe Street, expressed concern about the reopening of the Mirant Plant and thanked all those working on the problem. Mr. Van Fleet also expressed concern about the violations committed by the Virginia Paving Company and he pointed out that the air quality in the entire City was in poor condition.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR1 (3-7)

Planning Commission

3. SPECIAL USE PERMIT #2005-0067
820 SOUTH PICKETT STREET
STRIKEZONE BASEBALL & SOFTBALL ACADEMY, LLC
Public Hearing and Consideration of a request for a special use permit to operate an amusement enterprise and for a parking reduction; zoned I/Industrial. Applicant: The StrikeZone Baseball & Softball Academy by Donald Conley and Karen Ford

PLANNING COMMISSION ACTION: Recommend Approval 7-0

4. SPECIAL USE PERMIT #2005-0071
212 QUEEN STREET
RESTAURANT
Public Hearing and Consideration of a request for a special use permit amendment to change the hours of operation, to allow on-premise beer and wine sales and to increase the number of seats at a restaurant; zoned CD/Commercial Downtown. Applicant: Yeon S. Son.

PLANNING COMMISSION ACTION: Recommend Approval 7-0

5. SPECIAL USE PERMIT #2005-0074
1400 DUKE STREET
CHILD CARE CENTER
Public Hearing and Consideration of a request for a special use permit to operate a child day care center; zoned OCM(50)/Office Commercial Medium. Applicant: Deborah Tillman

PLANNING COMMISSION ACTION: Recommend Approval 7-0

6. SPECIAL USE PERMIT #2005-0069
650 SOUTH PICKETT STREET
RESTAURANT
Public Hearing and Consideration of a request for a special use permit amendment to allow on-and-off premise sale of beer and wine; zoned I/Industrial. Applicant: Gholamreza Sanjideh

PLANNING COMMISSION ACTION: Recommend Approval 6-1

7. SPECIAL USE PERMIT #2005-0081
2700 and 2706 JEFFERSON DAVIS HIGHWAY
AFGHAN RESTAURANT
Public Hearing and Consideration for a special use permit amendment to reallocate a portion of the indoor seating to the outdoor patio of a restaurant; zoned I/Industrial. Applicant: Afghan Restaurant by Harry Hart, attorney

PLANNING COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the action consent calendar, with the inclusion of docket item #11.

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.

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

8. Public Hearing and Consideration of the Open Space Steering Committee's Pocket Park Nominations. (#25, 9/13/05)

This item was deferred.
Council Action:_________________________________________________________

9. Public Hearing and Consideration of the Report of the Open Space Steering Committee Including its Updated List of Priorities for Potential Acquisition or Protection. (#36, 6/14/05)

This item was deferred.
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

10. SPECIAL USE PERMIT #2005-0073
1767 KING STREET (Parcel Address: 1747 King Street)
STARBUCKS
Public Hearing and Consideration of a request for a special use permit to operate a coffee shop; zoned OCH/Office Commercial High. Applicant: LHO Alexandria 1 Lessee, LLC

PLANNING COMMISSION ACTION: Recommend Approval with amended
conditions 7-0

City Council approved the Planning Commission recommendation with the addition of a condition stating, "The applicant shall provide the City $1000.00 for one Model SD-53 Bethesda Series litter receptacle for installation on the adjacent public right-of-way (monetary contribution to be submitted to the Department of T&ES, Engineering Division, Room 4130, 301 King). The applicant will be responsible for the maintenance and upkeep of the litter receptacle."
Council Action:_________________________________________________________

11. SPECIAL USE PERMIT #2005-0076
300 CALVERT AVENUE
NATURE BY DESIGN
Public Hearing and Consideration of a request for a special use permit to operate a plant nursery; zoned I/Industrial. Applicant: Randee Wilson and Carla Thomas

PLANNING COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation. (Included with the consent calendar)
Council Action:_________________________________________________________

Note: Councilman Ludwig Gaines arrived at the meeting at 6:15 p.m.

12. SPECIAL USE PERMIT #2004-0105
219 A NORTH WEST STREET (rear)
DEVELOPMENT w/o STREET FRONTAGE and PARKING REDUCTION
Public Hearing and 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: Recommend Approval
with amended conditions 5-2

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

13. SPECIAL USE PERMIT #2005-0063
716 CHURCH STREET (Parcel Address: 714 Church Street)
CAPITAL BARTENDING SCHOOL
Public Hearing and Consideration of a request for a special use permit to operate a commercial school; zoned CL/Commercial Low. Applicant: Scott Shelton

PLANNING COMMISSION ACTION: Recommend Approval 7-0

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

14. DEVELOPMENT SPECIAL USE PERMIT #2004-0010
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, L.L.C., by Harry P. Hart, attorney

PLANNING COMMISSION ACTION: Recommend Approval
with amended conditions 7-0

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

15. DEVELOPMENT SPECIAL USE PERMIT #2004-0041
2320 MILL ROAD & 551 ELIZABETH LANE
EISENHOWER CENTER III
Public Hearing and Consideration of a request for a development special use permit with site plan to redevelop an office/retail building and parking structure; zoned CDD-2/Coordinated Development District. Applicant: Eisenhower Mill Properties, LLC c/o Simpson Development Company, Inc., by Donald Simpson, Sr.

PLANNING COMMISSION ACTION: Recommend Approval
with amended conditions 7-0

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

16. SPECIAL USE PERMIT #2005-0022
2320 MILL ROAD & 551 ELIZABETH LANE
EISENHOWER CENTER III - TRANSPORTATION MANAGEMENT PLAN
Public Hearing and Consideration of a request for a transportation management plan for the Eisenhower Center III office/retail building and parking structure; zoned CDD-2/Coordinated Development District. Applicant: Eisenhower Mill Properties, LLC c/o Simpson Development Company, Inc., by Donald Simpson, Sr.

PLANNING COMMISSION ACTION: Recommend Approval
with amended conditions 7-0

Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

17. SPECIAL USE PERMIT #2005-0065
1556 & 1560 POTOMAC GREENS DRIVE
POTOMAC PLAZA (Parcel Address: 1550 Potomac Greens Drive)
RESTAURANT
Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-10/Coordinated Development District. Applicant: Matt McNamara

PLANNING COMMISSION ACTION: Recommend Approval 7-0

Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

18. SPECIAL USE PERMIT #2005-0083
901 SLATERS LANE
POTOMAC PLAZA (Parcel Address: 1550 Potomac Greens Drive)
COFFEESHOP
Public Hearing and Consideration of a request for a special use permit to operate a coffee shop with outdoor seating and live music and a request for a parking reduction; zoned CDD-10/Coordinated Development District. Applicant: Neighborhood Restaurant Group by Stephanie Babin

PLANNING COMMISSION ACTION: Recommend Approval 6-1

Council approved the Planning Commission recommendation.
Council Action:_________________________________________________________

19. SPECIAL USE PERMIT #2005-0079
1200 NORTH QUAKER LANE
EPISCOPAL HIGH SCHOOL
Public Hearing and Consideration of a request for a special use permit to expand an existing private school by constructing two faculty houses; zoned R-20/Residential. Applicant: The Protestant Episcopal High School in Virginia

PLANNING COMMISSION ACTION: Recommend Approval 7-0

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

20. SPECIAL USE PERMIT #2005-0084
3839 MT VERNON AVENUE
MY BAKERY RESTAURANT AND CAFE
Public Hearing and Consideration of a request for a special use permit to operate a restaurant/bakery; zoned NR/Neighborhood Retail. Applicant: My Bakery & Cafe, Inc. by Duncan Blair, attorney

PLANNING COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation with the following amendments: (1) addition of condition #19 stating, "loading and unloading activities shall occur after 7:00 a.m. and before 6:00 p.m.;" (2) change the operation hours to Sunday-Thursday until midnight and Friday and Saturday until 1:00 a.m.; (3) an automatic extension to 2:00 a.m. Friday and Saturday operation hours following a positive 6 months review and; (4) and a cover charge will be allowed periodically for certain events.
Council Action:_________________________________________________________

21. MASTER PLAN AMENDMENT #2005-0003 (A)
REZONING #2005-0004 (B)
TEXT AMENDMENT 2005-0004 (C)
HUNTING CREEK AREA PLAN
Public Hearing and Consideration of a request for:
(1) a revision to the Old Town Small Area Plan Addendum of the City's Master Plan to incorporate the Hunting Creek Area Plan; (2) amendments to the City of Alexandria zoning map to rezone certain properties affected by the construction of the Woodrow Wilson Bridge and identified on the City of Alexandria Tax Map, as follows 83.01-01-06 and 08 (1199 S. Washington St. and 1205 S. Alfred Street) from RC to UT; 83.02-01-02 (1100 S. Washington St.) from OCM (50) to UT; 83.02-01-03 (1150 S. Washington St.) from OCM (50) to RC and UT; and 83.02-01-05 and 06 (1202 and 1200 S. Washington St.) from RC to UT; and (3) amendments to Section 3-906 related to bulk and open space regulations and the addition of Section 3-908 of the Alexandria Zoning Ordinance to add design guidelines and standards for development for properties adjacent to South Washington Street (George Washington Memorial Parkway) south of the Capital Beltway. Staff: Department of Planning and Zoning
PLANNING COMMISSION ACTION:
MPA#2005-0003 Recommend Approval with amended conditions 7-0
REZ#2005-0004 Recommend Approval 7-0
TA#2005-0004 Recommend Approval 7-0

After closing the public hearing, City Council requested that this item be docketed for the next legislative meeting (09/27/2005) for consideration.
Council Action:_________________________________________________________

22. DEVELOPMENT SPECIAL USE PERMIT #2005-0003
4320 SEMINARY ROAD
INOVA ALEXANDRIA HOSPITAL
Public Hearing and Consideration of a request for an amendment of a development special use permit with site plan to construct an addition to the existing hospital building; zoned R-8 w/proffers/Residential. Applicant: Inova Alexandria Health Services Corporation by Duncan Blair, attorney

PLANNING COMMISSION ACTION: Recommend Approval 6-0

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

23. VACATION #2005-0003
418 WEST BRADDOCK ROAD
Public Hearing and Consideration of a request to vacate a public right-of-way; zoned R-8/Residential. Applicant: Richard & Elizabeth Tonner

PLANNING COMMISSION ACTION: Recommend Approval
with amended conditions 7-0

City Council approved the Planning Commission recommendation. Mayor Euille appointed the following persons as viewers: Rodger Digilio (chair), Bill Brandon, and Kellie Meehan.
Council Action:_________________________________________________________

24. VACATION #2005-0002
632 SOUTH FAIRFAX 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. (#18, 6/21/05)

PLANNING COMMISSION ACTION: Recommend Approval 7-0

City Council overturned the Planning Commission recommendation and denied the vacation.
Council Action:_________________________________________________________

25. Public Hearing and Consideration of an Appeal of the decision of the Planning Commission for Subdivision No. 2005-0005, 115-119 S. Royal Street, a request for an appeal of the Planning Commission's approval of a condition limiting and restricting the use and development on the subject property; zoned R-8/Residential. Applicant and Appellant: 110 S. Pitt Street, LLC by Duncan W. Blair, Attorney.

City Council upheld the Planning Commission recommendation with the deletion of condition #6 concerning open space.
Council Action:_________________________________________________________

Board of Architectural Review

26. Public Hearing and Consideration of an Appeal of the Board of Architectural Review for Case No. 2005-0164, a decision approving a permit to demolish and capsulate at 1520, 1522 & 1524 King St, zoned OCH Office Commercial. APPLICANT: DSF Long King Street I, LLC.
APPELLANTS: Douglas Thurman, Lillian J. White, Pat Troy, Katy Cannady and Boyd Walker, on behalf of petitioners.

City Council denied the appeal and upheld the decision of the Board of Architectural Review.
Council Action:_________________________________________________________

ORDINANCES AND RESOLUTIONS

27. Public Hearing, Second Reading and Final Passage of an Ordinance to Grant a Full Exemption From the Residential Refuse Fee to Elderly or Disabled Taxpayers Who Have Obtained a Deferral or Exemption of Real Estate Taxes. (#16, 9/13/05) (ROLL-CALL VOTE)

City Council passed an ordinance to grant a full exemption from the residential refuse fee to elderly or disabled taxpayers who have obtained a deferral or exemption of real estate taxes. (ORD. NO. 4421)
Council Action:_________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (28-29)

Planning Commission (continued)

28. SPECIAL USE PERMIT #2005-0077
1201 BRADDOCK PLACE
MERIDIAN AT BRADDOCK STATION
Public Hearing and Consideration of a request for a special use permit to operate a convenience store; zoned OCH/Office Commercial High. Applicant: Potomac Club Residences, LP by Michael D. Bushkoff

PLANNING COMMISSION ACTION: Deferred

29. SPECIAL USE PERMIT #2005-0042
5601 COURTNEY AVENUE; 730 S. VAN DORN ST; 750 S. VAN DORN ST; 720 S. VAN DORN ST.
VIRGINIA PAVING COMPANY
Public Hearing and Consideration of a request for a special use permit amendment to change the hours by which vehicles may exit and enter an existing asphalt plant; zoned I/Industrial. Applicant: Virginia Paving Company by Mary Catharine Gibbs, attorney

PLANNING COMMISSION ACTION: Deferred (Applicant's Request)

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

City Council noted the deferrals.
Council Action:_________________________________________________________
The meeting adjourned at 11:35 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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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 alexandriava.gov/council
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