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Office of the City Clerk
March 16, 1998

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, March 14, 1998 - - 9:30 a.m.


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OPENING

1. Calling the Roll.

The Meeting was called to Order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.
Council Action:_______________________________________________________________

2. Public Discussion Period. [No more than 30 Minutes] [This
period is restricted to items not
listed on the docket.]

(a) Bill McCulla, 5867 Doris Drive, spoke to the recent compromise with respect to the curb and gutter issue in the Dowden Terrace area. He pointed out that Ordinance No. 3679 was a rezoning which contained several proffers, specifically, he spoke to the proffer dealing with maintaining the character of Dawes Avenue and Fillmore Avenue as a ditch-section type road. He requested that the ordinance and subdivision be amended by removing or amending the proffer dealing with the character of the streets. He indicated that the developer should now be required to comply with City code section 8-1-17.

(A copy of Mr. McCulla's statement is on file in the office of the City Clerk and Clerk of Council.)

Director of Transportation and Environmental Services Director O'Kane responded to the issues and will report back to Council.

Mayor Donley requested, in addition to checking to amend the ordinance or the approval, that staff meet with the developer to make sure that the entrances are going to be appropriate as pointed out by Mr. McCulla. He indicated that potentially the City might have to negotiate something here and requested a report back to Council.

(b) John Chapman Gager spoke.
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 10)

Planning Commission

WITHOUT OBJECTION, City Council withdrew Docket Item No. 6 from the Action Consent Calendar and will consider it with Docket Item Nos. 17 and 18.

3. CITY CHARTER SECTION 9.06; CASE #98-01 -- BLIGHTING INFLUENCES PROGRAM
COMMISSION ACTION: Approved 7-0

4. ONE-HUNDRED-YEAR-OLD BUILDINGS -- OHY #98-0001 -- 635 KINGS CLOISTER CIRCLE -- BRYAN HOUSE
COMMISSION ACTION: Recommend Approval 7-0

5. TEXT AMENDMENT #98-0007 -- ENVIRONMENTAL MANAGEMENT
COMMISSION ACTION: Recommend Approval 7-0

6. SPECIAL USE PERMIT #97-0199 -- 800-802 NORTH HENRY STREET -- CARPENTER’S SHELTER
COMMISSION ACTION: Recommend Approval 7-0

7. SPECIAL USE PERMIT #98-0001 -- 1725 DUKE STREET, #A -- PRIMO GOURMET
COMMISSION ACTION: Recommend Approval 7-0

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

8. SPECIAL USE PERMIT #98-0003 -- 4948-B EISENHOWER AVENUE, UNIT 13 -- BUILD AMERICA SIX WAREHOUSES
COMMISSION ACTION: Recommend Approval 7-0

9. SPECIAL USE PERMIT #98-0004 -- 2826 KING STREET -- KINGS CLOISTER
COMMISSION ACTION: Recommend Approval 7-0

10. SPECIAL USE PERMIT #98-0002 -- 205-221 SOUTH HENRY STREET
COMMISSION ACTION: Recommend Approval 7-0

END OF ACTION CONSENT CALENDAR

City Council approved the Action Consent Calendar as presented with the exception of Docket Item No. 6, which was considered together with Docket Item Nos. 17 and 18. The Planning Commission recommendations are as follows:

3. City Council approved the Planning Commission recommendation and approved this request, subject to compliance with all applicable codes, ordinances and staff recommendations, and approved the City Manager's recommendations as follows: (1) approved the addition and deletion of the properties listed on pages 2 and 3 of the City Manager's memorandum to the currently approved List of Blighting Influences in the Potomac East Southwest Quadrant Rehabilitation District and the Potomac West Neighborhood Strategy Area (NSA); (2) approved, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale to low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the Potomac East Southwest Quadrant Rehabilitation District property to be added to the List; and (3) authorized the City Manager to enter into contracts for the purchase of properties on the Blighting Influences List if it becomes necessary to acquire such properties because of the failure of the owners to comply with the program's guidelines.

4. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

ACTION CONSENT CALENDAR (continued)

Planning Commission (continued)

5. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

6. City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended condition #13, the deleted condition #3, and the added condition #14, and amended condition #12 to read as follows: 12. A Neighborhood Advisory Commission shall be developed, consisting of a representative from all neighborhood, civic, condominium and homeowners' associations in the immediate area of the Carpenter's Shelter, three representatives from commercial or business interests in the same area, and a representative from the Alexandria Redevelopment and Housing Authority. The applicant shall meet with the Commission regularly. (Separate Motion)

7. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

8. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

9. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #3 and #9.

10. City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

END OF ACTION CONSENT CALENDAR
Council Action:_______________________________________________________________


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

11. TEXT AMENDMENT #97-0012 -- NONCONFORMING USES
COMMISSION ACTION: Recommend Denial 7-0

Vice Mayor Euille clarified to the public and speakers that the item on the docket recommended for denial by the Planning Commission deals with the Council proposal that evolved several months ago, and has nothing to do with any pending and/or planned proposals that may or may not come forward either by a member of this body and/or from the Planning Commission. He wanted to make this clarification so that those who are speaking this morning will be speaking solely to the docket item that is before the Council.

City Council referred this matter back to the Planning Commission in order for it to again consider, and make a recommendation to use on, TA 97-0009, which was the original docket item, which calls for a 7-year abatement period for nonconforming uses and provides an opportunity for such uses to avoid elimination by obtaining a special use permit, and which amends the rules regarding the repair, maintenance, etc., of nonconforming uses and the structures housing them.
Council Action:_______________________________________________________________

12. SPECIAL USE PERMIT #97-0189 -- 2922 DUKE STREET -- SUBWAY RESTAURANT (SKY HILL SHELL STATION) Recommend Denial in Part 7-0

City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and replaced condition #3 as suggested by staff on page 3 of its March 11, 1998 memorandum, which condition reads as follows: 3. Beer or wine coolers may be sold only in 4-packs, 6-packs or bottles of 40 fluid ounces or more. Wine may be sold only in bottles of at least 750 ml or 25.4 ounces. Fortified wine (wine with an alcohol content of 14% or more by volume) may not be sold.
Council Action:_______________________________________________________________




REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

13. SPECIAL USE PERMIT #97-0130 -- 1217 FIRST STREET -- ALEXANDRIA AUTO REPAIR
City Council reversed the Planning Commission recommendation, and allowed the use to continue with the condition that it terminate and expire on March 31, 1998.
Council Action:_______________________________________________________________

14. SPECIAL USE PERMIT #97-0195 -- 1217 FIRST STREET
COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and amended condition #16 to read as follows: 16. The special use permit shall expire two years from the date of approval by Council.
Council Action:_______________________________________________________________

WITHOUT OBJECTION, City Council considered Docket Item No. 15 and 16 together.

15. SPECIAL USE PERMIT #97-0164 -- 1705 NORTH BEAUREGARD STREET -- AT NOTTINGHAM DRIVE & SEMINARY ROAD -- MARK CENTER - PHASE IA
COMMISSION ACTION: Recommend Approval 7-0

Mayor Donley asked questions on how we are going to proceed on transportation improvements regarding developing plans that would allow for direct access to the property rather than relying upon a triple left-hand turn on Seminary Road.

Transportation and Environmental Services Director O'Kane indicated that the applicant's design engineer and traffic consultant and City staff did meet with VDOT representatives about the access from the interchange.



REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. (continued)

Councilwoman Pepper expressed concern about saving as many trees as possible along the perimeter.

Vice Mayor Euille noted that there will be no diminution of the original acreage that's dedicated to the preserve over an indefinite period of time.

Howard Middleton, attorney for the applicant, with respect to changing boundary lines of the preserve, indicated that that's not permitted under the zoning. As the applicant comes in with plans then that boundary line is set, but until they do, it's the general line in the Master Plan which cannot be changed without Council's approval.

Councilman Speck expressed concerns about the Traffic Management Plan which is going to have long-term affects on that whole community. Is there some mechanism that allows us to be more deliberative of this plan over time even though we are approving it, but just make sure that as traffic evolves, as this development evolves, that we don't get ourselves in a position where we are stuck with something that couldn't have improved when we realized that changes may be needed. Is there some way for us to have on going discussion about Traffic Management Plans to be sure that as things do evolve that we are not in a position where we have locked ourselves in too far?

Transportation and Environmental Services Director O'Kane responded to his concerns.

Council Member Walker stated that as we look at the TMP in context of the Master Plan review that we should make sure that the individual transportation management plans sort of mesh together.

City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #1, #6, #15 and #35, and the deleted conditions #10 and #32.
Council Action:_______________________________________________________________

16. SPECIAL USE PERMIT #97-0165 -- 1705 NORTH BEAUREGARD STREET -- AT NOTTINGHAM DRIVE & SEMINARY ROAD -- MARK CENTER - PHASE IA
COMMISSION ACTION: Recommend Approval 7-0

City Council approved the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.
Council Action:_______________________________________________________________

ORDINANCES AND RESOLUTIONS

17. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 5-303 of the Zoning Ordinance to allow homeless shelters in the CRMU-H/Commercial Residential Mixed Use-High zone with a special use permit. (#17 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3980
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. SPECIAL USE PERMIT #97-0196 -- 930 NORTH HENRY STREET --CARPENTER’S SHELTER
COMMISSION ACTION: Recommend Approval 7-0

Council Member Rich suggested that it would be important for our Economic Development Partnership, working with the Chamber of Commerce, to take a look at the vacancy problem at Braddock Place next to the metro station.

Mayor Donley stated that the City is actively involved. He indicated that it is going to take individuals from the public and private sectors working together towards a common goal. This should be a community development priority because there are a variety of concerns in this area, i.e, economic, social and land use.

Vice Mayor Euille requested the City Manager, the Police Department and the Recreation, Parks and Cultural Activities Department to adequately and readily address the park problems which were alluded to by the speakers.

Vice Mayor Euille made the suggestion to improve police visibility in the neighborhood. He expressed concern about the lack of citizen desire and willingness to step forward to report any type of crime activity. Vice Mayor Euille suggested that the Police Department immediately begin a door-to-door community relations campaign in this neighborhood to find out what we can do to improve and protect the citizenry. He indicated that he is going to encourage people to call in their concerns.

Council Member Walker noted that we could use the number of people who have come together today sort of as the start of a catalyst for forming an economic plan for this area. She stressed that the use of Braddock Place metro is very important in our community and we should try to provide a way to marry those neighborhoods together and not have a big divide of Route 1. She indicated that, hopefully, this will be the beginning of a good economic plan and Council will be working with them in any way it can.


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

18. (continued)

Councilman Speck indicated that he was looking forward to a "shining star" in a first-class designed building for Carpernter's Shelter.

City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and the deleted condition #17 and the added conditions #27 and #28, and amended condition #25 to conform to the language of condition #12 in Special Use Permit #97-0199, which now reads as follows: 25. A Neighborhood Advisory Commission shall be developed, consisting of a representative from all neighborhood, civic, condominium and homeowners' associations in the immediate area of the Carpenter's Shelter, three representatives from commercial or business interests in the same area, and a representative from the Alexandria Redevelopment and Housing Authority. The applicant shall meet with the Commission regularly; and added a condition #29 to read as follows: 29. The applicant will work with the Police Department to determine the feasibility of a satellite police station on the site. [Councilman Speck noted that after chatting with the Chief, and it's not clear if that's the right spot but between you all, you can certainly determine the site.]
Council Action:_______________________________________________________________

ORDINANCES AND RESOLUTIONS (continued)

19. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city code by including the sheriff or the sheriff's designee as a member of the Alexandria Community Services Board. (#16 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3981
Council Action:_______________________________________________________________

20. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend Section 11-410 of the Zoning Ordinance to clarify and modernize the landscape requirements for site plan approval consistent with the adoption of official landscape guidelines. (#18 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3982
Council Action:_______________________________________________________________

21. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the city's master plan for the property at 2201 Eisenhower Avenue, Mill Race-Old Town Commons, which is within the Coordinated Development District-Eisenhower Avenue. (#19 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3983
Council Action:_______________________________________________________________
ORDINANCES AND RESOLUTIONS (continued)

22. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way at 2310-2318 Mill Road. (#20 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3984
Council Action:_______________________________________________________________

23. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to vacate a portion of the public right-of-way at 5005 Duke Street. (#21 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3985
Council Action:_______________________________________________________________

24. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to authorize a temporary encroachment into the public right-of-way for a sales trailer at 302-304 Princess Street. (#22 3/10/98) [ROLL-CALL VOTE]

City Council finally passed the ordinance upon its Second Reading.
ORD. NO. 3986
Council Action:_______________________________________________________________

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (25 - 29)

Planning Commission (continued)

25. SPECIAL USE PERMIT #97-0192 -- 4803-A EISENHOWER AVENUE --
P S BUSINESS PARK
COMMISSION ACTION: Noted the Deferral

26. SPECIAL USE PERMIT #97-0193 -- 3807 MOUNT VERNON AVENUE -- PO SIAM THAI RESTAURANT
COMMISSION ACTION: Noted the Deferral







REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (continued)

Planning Commission (continued)

27. SPECIAL USE PERMIT #97-0178 -- 2838 DUKE STREET -- DUKE STREET MOBIL
COMMISSION ACTION: Deferred 7-0

28. TEXT AMENDMENT #98-0006 -- SIGNS IN RIGHTS-OF-WAY
COMMISSION ACTION: Deferred 6-1

29. SPECIAL USE PERMIT #98-0008 -- 5010 DUKE STREET -- CAMERON STATION SITE
COMMISSION ACTION: Deferred 7-0

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

WITHOUT OBJECTION, City Council noted the deferrals.
Council Action:_______________________________________________________________

At 1:20 p.m., City Council convened an executive session at this time for the purpose of discussion or considering the acquisition of real property for public purpose, pursuant to Virginia Code section 2.1-344(A)(3).

At 1:38 p.m., City Council reconvened the meeting.

City Council adopted the resolution pertaining to the executive session.
RES. NO. 1863

The Meeting was adjourned at 1:40 p.m.












This docket is subject to change.

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