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Public Hearing Meeting
Saturday, March 13, 1999 - - 9:30 a.m.


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Present: Mayor Kerry J. Donley, Vice Mayor William D. Euille, Members of Council William C. Cleveland, Redella S. Pepper, Lonnie C. Rich, David G. Speck, and Lois L. Walker.

Absent: None.

Also Present: Mrs. Lawson, City Manager; Mr. Pessoa, Assistant City Attorney; Ms. Evans, Assistant City Manager; Mr. Lynn, Director of Planning and Zoning; Ms. Ross, Deputy Director of Planning and Zoning; Mr. O'Kane, Director of Transportation and Environmental Services; Ms. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Ms. Beeton, Urban Planner II; Ms. Steele, Deputy City Manager; Ms. Whitmore, Director of Parks, Recreation and Cultural Activities; Acting Public Information Officer Bertsch; Mr. Ransom, Special Assistant to the City Manager for Human Relations; Human Rights Administrator Steindler; and Lieutenants Butler and Spruill, Police Department.

Recorded by: Mrs. Beverly I. Jett, CMC, City Clerk and Clerk of Council.
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OPENING

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

2. Public Discussion Period.

(a) Deborah Wisnowski, 2121 Jamieson Avenue, #1510, representing the Eisenhower Civic Association, spoke against the PTO at Carlyle;

(b) Jane Starkey, 2121 Jamieson Avenue, #1903, representing the Eisenhower Civic Association, spoke against the PTO at Carlyle;

(c) Alan N. Rudd, 2121 Jamieson Avenue, #1801, representing the Eisenhower Civic Association, spoke against the PTO at Carlyle; a copy of Mr. Rudd's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit Item No. 1 of Item No. 2 (c);

(d) Jack Woodard, 2151 Jamieson Avenue, #1708, spoke against the PTO at Carlyle;

(e) James Hurysz, 127 South Fairfax Street, representing the Concerned Fairlington Residents, spoke to traffic congestion in Fairlington and its problems; and

(f) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-14)

Planning Commission

Without Objection, City Council withdrew docket item nos. 7, 10 and 14 from the Action Consent Calendar. The items were considered under separate motions.

3. CITY CHARTER, SECTION 9.06; CASE #99-01--BLIGHTING INFLUENCES PROGRAM -- Public Hearing and Consideration and recommendations of amendments to the Office of Housing's Blighting Influences Program, including recommendation pursuant to the provisions of Section 9.06 of the Charter of the City of Alexandria and the possible acquisition and subsequent resale of the property located at 30 East Reed Avenue. Staff: City of Alexandria, Office of Housing.

(A copy of the Planning Commission report dated March 2, 1999, together with the City Manager's memorandum dated February 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 1 of Item No. 3; 3/13/99, and is incorporated herewith as part of this record by reference.)

4. REZONING #99-0003--208 SOUTH ROYAL STREET -- Public Hearing and Consideration of a rezoning from RM/Residential to POS/Public Open Space. Applicant: City of Alexandria, Department of Planning and Zoning.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 3/13/99, and is incorporated herewith as part of this record by reference.)

5. MASTER PLAN AMENDMENT #97-0004--REZONING #97-0004--4500 WHEELER AVENUE -- Public Hearing and Consideration of a request for an amendment to the Seminary Hill/Strawberry Hill Small Area Plan Chapter of the 1992 Master Plan to change the land use designation and to change the zoning designation of the subject property from UT/Utilities and Transportation to I/Industrial. Applicant: AMT, L.L.C., Kathmar Construction, Inc., by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 3/13/99, and is incorporated herewith as part of this record by reference.)





6. SPECIAL USE PERMIT #98-0176--4500 WHEELER AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a contractor’s storage yard with a temporary contractor’s office trailer; zoned UT/Utilities and Transportation, pending rezoning to I/Industrial. Applicant: AMT, L.L.C., Kathmar Construction, Inc., by Nan E. Terpak, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 3/13/99, and is incorporated herewith as part of this record by reference.)

8. SPECIAL USE PERMIT #98-0166--50 SOUTH PICKETT STREET #31--PICKETT SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CG/Commercial General. Applicant: Manuel Reyes.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 3/13/99, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #99-0006--5300 ROANOKE AVENUE--WINKLER BOTANICAL PRESERVE - CAMP -- Public Hearing and Consideration of a request for a special use permit to operate an annual summer camp; zoned CDD-4/Coordinated Development District. Applicant: Winkler Botanical Preserve, by Jodie P. Smolik.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 3/13/99, and is incorporated herewith as part of this record by reference.)

11. SPECIAL USE PERMIT #99-0001--815 KING STREET -- Public Hearing and Consideration of a request for a special use permit to change the ownership of the existing restaurant; zoned CD/Commercial Downtown. Applicant: Siam 815, Inc., by Suthirat Nokkeo.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 3/13/99, and is incorporated herewith as part of this record by reference.)










12. SPECIAL USE PERMIT #99-0005--460-A SOUTH PICKETT STREET -- Public Hearing and Consideration of a request for a special use permit to change the ownership and extend the hours of operation of an automobile repair garage with sales and storage; zoned CSL/Commercial Service Low. Applicant: Martin Motorsports, Inc., by Gary W. Martin.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 3/13/99, and is incorporated herewith as part of this record by reference.)

13. SPECIAL USE PERMIT #99-0008--3901 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CL/Commercial Low. Applicant: OAVARS, Inc., by Harry P. Hart, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 3/13/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of docket item nos. 7, 10, and 14, which were considered under separate motions. The Planning Commission recommendations are as follows:

3. City Council approved the recommendation of the Planning Commission and approved the request, pursuant to the provisions of Section 9.06 of the City Charter, the possible acquisition for rehabilitation/redevelopment and resale of low- and moderate-income persons or for resale "As Is" to the private market for rehabilitation/redevelopment of the following property which is located in Potomac West: 30 East Reed Avenue; and approved the City Manager's recommendation and (1) approved the addition and deletion of the properties listed on pages 2 and 3 to the currently approved List of Blighting Influences in Potomac East and Potomac West; (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 one Potomac West 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 recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.




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

6. Councilwoman Pepper requested staff to send some inspectors to check this site because there is a whole row of trailers in the back that look like they may be permanently there.

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

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

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

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

12. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and the amended conditions #3 and #8.

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

END OF ACTION CONSENT CALENDAR

The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"
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Without Objection, Mayor Donley announced that item nos. 16 and 17 have been deferred. He noted that when we get to docket item no. 16, he would entertain questions from Ellen Pickering who had signed up to speak on this item.
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7. DEVELOPMENT SPECIAL USE PERMIT #99-0003--5010 DUKE STREET--CAMERON STATION, PHASE III -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, to allow more than eight townhouse units in two rows; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated March 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 3/13/99, and is incorporated herewith as part of this record by reference.)

The following person participated in the public hearing on this item:

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, requested that condition #68 be deleted since staff agrees that it is no longer necessary.

Members of Council directed questions to Mr. Blair and staff.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the deletion of condition #68. The voting was as follows:

Euille "aye" Cleveland "aye"
Walker "aye" Pepper "no"
Donley "aye" Rich "aye"
Speck "aye"

10. SPECIAL USE PERMIT #98-0168--4600 KING STREET--JEFFERSON MEMORIAL HOSPITAL -- Public Hearing and Consideration of a request for a special use permit for a congregate housing facility; zoned OCH/Office Commercial High. Applicant: Jefferson Memorial Hospital, by Barbara P. Beach, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of a letter from Concerned Fairlington Residents, dated March 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 3/13/99, and is incorporated herewith as part of this record by reference.)




The following persons participated in the public hearing on this item:

James Hurysz, 127 South Fairfax Street, representing Concerned Fairlington Residents, spoke against this item; and

Barbara P. Beach, 416 Prince Street, attorney representing the applicant, spoke in support and answered questions directed to her by Members of Council.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations and deleted condition #10. The voting was as follows:

Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"

14. ENCROACHMENT #99-0001--1508 MOUNT VERNON AVENUE--MANCINI’S RESTAURANT -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for a trash dumpster; zoned CL/Commercial Low. Applicant: Barbara Mancini.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 3/13/99, and is incorporated herewith as part of this record by reference.

Copies of photographs submitted for the record by Ms. O'Brien are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 14; 3/13/99, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Cynthia O'Brien, 239 East Monroe Avenue, representing herself and her finance', spoke against this item; and

Barbara Mancini, 1508 Mt. Vernon Avenue, applicant, spoke in support.

Mayor Donley noted that there are several questions that need to be answered, i.e., whether this would be a health code violation by moving the dumpster next to the door of the restaurant; the number of parking spaces that would be lost by moving the dumpster; and whether the dumpster could be wheeled in or out for pickup. Mr. O'Kane will also take a look at Council Member Rich's suggestion about how you could fit another parking space in if the dumpster is not there. Mr. O'Kane also will work with the applicant. The findings should be shared with Ms. O'Brien.




WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council deferred this item for no more than thirty days, sooner if possible, so that the above questions can be answered, and then Council can consider the options. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

15. SPECIAL USE PERMIT #98-0090--5010 DUKE STREET--CAMERON STATION, PHASE II -- Consideration of a request for an amendment to a development special use permit; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates L.L.C., by Cyril D. Calley, attorney. (#16 2/20/99; #13 1/23/99) [This is not a public hearing item.]

(A copy of the City Manager's memorandum dated March 10, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated March 1, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of Council's action on February 20, 1999, together with the Planning Commission report dated January 5, 1999, and added conditions, are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 15; 3/13/99, and is incorporated herewith as part of this record by reference.)

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, answered questions directed to him by Council.

Planning and Zoning Director Lynn, Transportation and Environmental Services Director O'Kane, Fire Chief Hawkins, and Planning and Zoning Division Chief Johnson answered questions posed to them by the Members of City Council.

WHEREUPON, upon motion by Councilman Speck, seconded by Vice Mayor Euille and carried on a vote of 6-to-1, City Council approved the proposed amendment to Cameron Station Phase II as shown on the revised plans dated March 3, 1999, and the revised conditions (Attachment 2 to the memorandum), subject to all applicable codes, ordinances and the staff conditions attached to the memorandum. The voting was as follows:

Speck "aye" Cleveland "aye"
Euille "aye" Pepper "no"
Donley "aye" Rich "aye"
Walker "aye"

16. DEVELOPMENT SPECIAL USE PERMIT #98-0011--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct office buildings with an increase in the floor area ratio, and to permit a second mechanical penthouse on a single building, and an off-site crown coverage modification; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated March 12, 1999, requesting a deferral to April 17, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 16 and 17; 3/13/99, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of Item No. 16; 3/13/99, and is incorporated herewith as part of this record by reference.)

Without Objection, Ellen Pickering asked, since the architect is out of the country, how much time are interested parties going to get to discuss this, and does this have to go back to the Planning Commission when the changes are made, or can City Council simply take all of the changes we hope will be made and approve it without going back to Planning?

Assistant City Attorney Pessoa stated that the matter is now before City Council. It certainly can be amended before Council and Council can approve those amendments. If the Council wished to refer it back to the Planning Commission because the Council felt it was so extensive that it needed another review by the Planning Commission, that would certainly be within Council's prerogative

Mayor Donley stated that Council would want to see what they potentially come up within the next 30 days or so. He stated that, in his discussions with both the citizen associations and the attorney representing the developer, there clearly are some major differences. Mayor Donley noted that he and other Members of Council feel that this project can be improved and that is probably going to mean a reduction in density, how it's improved, how far the density is reduced, what kind of architectural treatments, etc. He indicated that he feels that Council can handle it, but if our staff and the Council feel that it needs to go back to the Planning Commission, I think we can remand it back. He stated that he is not really optimistic that anybody is going to be able to work out any substantial differences and have the necessary documentation within the next thirty days, maybe, but he doubts very seriously that thirty days will be sufficient.

Vice Mayor Euille asked if there is a plan or vision for what we and the citizens want and/or desire for the gateway into Alexandria both exiting Fairfax and entering Alexandria from the south, and entering and exiting Alexandria from the north.

Planning and Zoning Director Lynn explained the vision.

Vice Mayor Euille wants to know the plan or vision for the Washington Street corridor.

Mayor Donley requested staff to put together a summary in the next couple of weeks about the adopted guidelines and potentially if there are any illustrations that sort of summarize them. This would help Council when the Parkway Center Plan comes back to Council. It may be useful for both the developer and the neighborhood groups to have that kind of information as well.

Planning and Zoning Director Lynn stated that if Council wants to reduce densities on that site, the appropriate way is to amend the Master Plan which currently allows them the densities. If there is agreement that we don't want higher density development along Washington Street, the appropriate action would be to amend the Master Plan to reduce the densities to what Council believes is appropriate.

Councilwoman Pepper stated that the entire Master Plan revision process that we went through last year was terribly flawed and it should have been a larger process. The restriction of questions that were allowed during the hearings did not help us and that's why we are having a number of these questions about the Master Plan process.

Councilwoman Pepper requested that throughout the City wherever there are gateways, we ought to take another look at those to see just what we want to introduce our City. There might be nicer ways to present our City as we enter the gateways.

Council Member Walker noted that there have been several people working on signage on the Sign Committee. Due to delays because of the Woodrow Wilson Bridge Project, it is hoped that the committee will get back into planning again to start talking about the gateway signs and other directional signs within the City.

Without Objection, City Council noted the deferral of this item to the April 17, 1999 Public Hearing Meeting.

17. SPECIAL USE PERMIT #98-0106--1101 NORTH WASHINGTON STREET AND 625 FIRST STREET--PARKWAY CENTER -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for an office development; zoned CD/Commercial Downtown. Applicant: Parkway Center Parcel Owners, L.L.C., by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 3/13/99, and is incorporated herewith as part of this record by reference.)

Without Objection, City Council noted the deferral of this item to the April 17, 1999 Public Hearing Meeting.




Without Objection, City Council considered docket item nos. 18 and 19 together and under one motion.

18. DEVELOPMENT SPECIAL USE PERMIT #98-0038--1461 NORTH BEAUREGARD STREET, RAYBURN AVENUE, READING AVENUE--MARK CENTER PLAZA IIB/C -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of a multi-family development; zoned CDD-4/Coordinated Development District. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated March 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 3/13/99, and is incorporated herewith as part of this record by reference.)

19. SPECIAL USE PERMIT #99-0002--1461 NORTH BEAUREGARD STREET, RAYBURN AVENUE, READING AVENUE--MARK CENTER PLAZA IIB/C -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for a multi-family development; zoned CDD-4/Coordinated Development District. Applicant: Mark Winkler Company, by J. Howard Middleton, Jr., attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated March 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 3/13/99, and is incorporated herewith as part of this record by reference.)

The following person participated in the public hearing on these items:

Howard Middleton, 510 King Street, attorney representing the applicant, spoke in support.

Council Member Walker would like to discuss, at our joint work session with the Planning Commission, gated developments. She stated that she thinks that gated communities are sort of contrary to what we say we are trying to achieve, which are communities which work together. She would like to discuss the concept of gated communities and whether the City will approve gated communities.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved docket item nos. 18 and 19 as follows:

18. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with amendments to conditions #4 and #14.


19. City Council approved the Planning Commission recommendation, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, with the amended condition #21, and noted the amendment in condition #14 as recommended in the March 11, 1999 memorandum from Planning and Zoning Director Lynn. The voting was as follows:

Pepper "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Speck "aye"
Walker "aye"

20. DEVELOPMENT SPECIAL USE PERMIT #98-0040--1100 SAINT STEPHEN’S ROAD -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of single-family development; zoned R-20/Residential. Applicant: A & A Limited Partnership, by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated March 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of the proposed conditions in perpetuity presented by the Seminary Ridge Civic Assn., Inc. and Seminary Hill Assn., Inc. is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of the amended conditions agreed to by the developer and the civic associations is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 20; 3/13/99, and is incorporated herewith as part of this record by reference.

Communications received on this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 4 of Item No. 20; 3/13/99, and incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Duncan W. Blair, 112 South Alfred Street, attorney representing the applicant, spoke in support;

Cynthia B. Evans, 1211 St. Stephen's Road, spoke against;

Charles Evans, 1211 St. Stephen's Road, spoke against;

Ken Ellis, 1200 St. Stephen's Road, spoke against;

Walter Lander, 1116 St. Stephen's Road, spoke against; a copy of Mr. Lander's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;



Joanne Lepanto, 4009 North Garland Street, representing Seminary Hill Association, spoke against;

Gregory A. Tsoucalas, 4000 Fort Worth Avenue, president, Seminary Ridge Civic Association, spoke against;

Michael Brookbank, 3729 Templeton Place, representing Seminary Ridge Civic Association, spoke against;

Barbara Esbin, 4107 Orleans Place, spoke against; a copy of Ms. Esbin's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item; and

Philip C. Brooks, 3908 Colonel Ellis Avenue, spoke against.

Members of City Council participated in the discussion.

Mr. Blair, attorney for the applicant, offered his rebuttal.

Without Objection, City Council deferred consideration of this item until the end of the docket in order to give the attorney for the developer and the citizens a time to discuss proposed conditions presented by the civic associations.

After docket item no 22, the following transpired in regard to docket item no. 20:

WHEREUPON, upon motion by Councilman Speck, seconded by Councilman Cleveland and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and deleted condition #27 recommended by the Planning Commission, and incorporated all of the language of the document agreed to by the developer, the Seminary Ridge Civic Assn., Inc., and the Seminary Hill Assn., Inc., that includes a change to #3 [of the new document] to read: "3. No construction trailer shall be allowed; the Applicant shall use the existing pool house for this purpose. Upon sale of lot 3, a construction trailer will be allowed and shall be located no closer than 100 feet from St. Stephen's Road;" and #10 [of the new document] shall read: "10. The applicant shall dedicate to the City of Alexandria a public access easement over the road and the sidewalks."

Note: [The amended conditions [Exhibit No. 3] in the document submitted today by the developer and civic associations will be numbered consecutively as 27 through 42 and be incorporated as part of the special use permit.]

The voting was as follows:

Speck "aye" Euille "aye"
Cleveland "aye" Pepper "aye"
Donley "aye" Rich "aye"
Walker "aye"




Traffic and Parking Board

21. Public Hearing and Consideration of Traffic Calming Measures at the Intersection of West and Oronoco Streets. (Councilman Speck)

(A copy of the City Manager's memorandum dated March 9, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 3/13/99, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Herb Cooper-Levy, 1527 Oronoco Street, representing Colecroft Owners' Association, spoke in support of a four-way stop at Oronoco and West Streets;

Caryl B. Hughes, 1529 Oronoco Street, representing Colecroft Owners' Association, spoke in support of some type of traffic calming device;

Peter Schumaier 2403 Leslie Avenue, chairman, Traffic and Parking Board, spoke to the Board's recommendation and in support of a four-way stop sign; and

Dee Lundelius, 537 Colecroft Court, representing Colecroft Owners' Association, spoke in support of a four-way stop sign.

Councilman Speck requested that Council defer this until Tuesday, March 23, to have staff complete a review. The reason for that is that there are a couple of other dimensions to this and to have it all as one package. There is the issue of the four-way stop and flashing red. There is also the matter of either additional striping that may be helpful as we have seen in other places to also psychologically slow down traffic, or there is the possibility of reducing slightly the no parking to the corner, not by number spaces, but by a small distance to give a greater sight line for the traffic that's trying to pull out to be able to pick up that traffic. This might not be necessary but staff can review it thoroughly.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried unanimously, City Council closed the public hearing and deferred this matter until staff can comment at the Legislative Meeting on March 23. The voting was as follows:

Speck "aye" Euille "aye"
Rich "aye" Cleveland "aye"
Donley "aye" Pepper "aye"
Walker "aye"

22. Public Hearing and Consideration of an Appeal from a Decision of the Traffic and Parking Board on January 25, 1999, rescinding the handicapped parking space located at 236 Lynhaven Drive. Applicant and Appellant: Constance Carr, by Sylvia M. Brennan, Attorney.

(A copy of the City Manager's memorandum dated February 25, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of a memorandum from the Human Rights Commission dated March 8, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 22; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of a memorandum from the Alexandria Commission on Persons With Disabilities dated March 11, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 22; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of a memorandum from the Alexandria Commission on Aging dated March 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 22; 3/13/99, and is incorporated herewith as part of this record by reference.

Material pertaining to this item is on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 5 of Item No. 22; 3/13/99, and is incorporated herewith as part of this record by reference.)

The following persons participated in the public hearing on this item:

Richard Reno, 203 Yoakum Parkway, #1510, chair, Human Rights Commission, spoke to policy changes and procedures; a copy of Mr. Reno's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;

Sylvia Brennan, 110 North Royal Street, #505, Legal Services of Northern Virginia, attorney representing Constance Carr, spoke in support of the appeal;

Members of Council participated in a dialogue with Ms. Brennan.

Roderick Williams, 4651 Longstreet Lane, #103, vice chair, Human Rights Commission, spoke to the policy;

Timothy Sullivan, 106 Adams Street, representing the Alexandria Commission on Persons with Disabilities, also spoke to the policy;

Donald Mela, 501 Slaters Lane, #722, spoke in support of the appeal;

Ruby Tucker, 254 Lynhaven Drive, representing Lynhaven Citizens Association, spoke against the appeal; a copy of Ms. Tucker's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 7 of this item;

Rosa Byrd, 203 Wesmond Drive, spoke against the appeal;

Dorothy Turner, 401 East Alexandria Avenue, representing Concerned Black Women, spoke in support of the appeal;

Charles Oliver, 238 Lynhaven Drive, spoke against the appeal;

LaVern Warlick, 249 Lynhaven Drive, spoke against the appeal;

Dennis Bakos, 407 Wilkes Street, spoke to the policy;

Peter Schumaier, 2403 Leslie Avenue, chairman, Traffic and Parking Board, presented the Board's positions on this issue; and

Jean Niebauer, 110 North Royal Street, #505, Legal Services of Northern Virginia, attorney representing Constance Carr, spoke in support of the appeal.

Councilwoman Pepper noted the letters and comments received from the Human Rights Commission, the Commission on Persons With Disabilities, and the Aging Commission with respect to the policy. She indicated that the Aging Commission suggested that perhaps when clearer standards are set, assuming they would be set, that there might be a public hearing on the standards. She would like to have that factor taken into consideration.

Council Member Rich stated that for future purposes the nature of the disability needs to be on the table.

Mayor Donley noted that the attorney for the applicant was requesting confidentiality and once it is given to Council it becomes public.

Council Member Walker would like to convene a group from Traffic and Parking, Human Rights, the Commission on Persons With Disabilities, Commission on Aging, and people who are involved in the ADA laws.

City Manager Lawson noted that a group has been meeting for five or six months and would welcome participation by Council Member Walker.

Mayor Donley requested the group to address the actual appeal process.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council upheld the January 25, 1999, Traffic and Parking Board decision and denied the appeal. The voting was as follows:

Pepper "aye" Euille "aye"
Cleveland "aye" Rich "aye"
Donley "aye" Speck "aye"
Walker "aye"

At this point, Council returned to consider docket item no. 20. Please see page 13 of these proceedings for action taken.





ORDINANCES AND RESOLUTIONS

23. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to revise the City's regulations governing discharges into the sanitary sewer system and ultimately into the wastewater treatment facility operated by the Alexandria Sanitation Authority, and the treatment of such discharges before their entry into the sewer system. (#17 3/9/99) [ROLL-CALL VOTE]

(A copy of the City Attorney's memorandum dated March 3, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of an Informal Memorandum explaining ordinance is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 23; 3/13/99, and is incorporated herewith as part of this record by reference.

A copy of the ordinance referred to in the above item, of which each Member of Council present received a copy not less than 24 hours before said introduction, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 23; 3/13/99, and is incorporated herewith as part of this record by reference.)

Mayor Donley explained that this ordinance could not be heard today since it was just introduced on Friday, March 12, 1999.

Without Objection, City Council noted the deferral to March 23, 1999.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (24-32)

Planning Commission (continued)

24. SPECIAL USE PERMIT #98-0163--297 SOUTH VAN DORN STREET--VAN DORN PLAZA SHOPPING CENTER--KABOB MASALA -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation and add seating to the existing restaurant; zoned CG/Commercial General. Applicant: Qadir, Inc., by Shamshad Ahmad.

25. ENCROACHMENT #98-0008--2819 RUSSELL ROAD, SOUTHEAST CORNER AT BIRCH STREET -- Public Hearing and Consideration of a request for encroachment into the pubic right-of-way for a sign; zoned R-8/Residential. Applicant: Westminster Presbyterian Church, by Karen L. Olson.

26. SPECIAL USE PERMIT #98-0122--621 SOUTH FAYETTE STREET -- Public Hearing and Consideration of a request for a special use permit to expand the existing child care home to care for nine children; zoned RB/Residential. Applicant: Isabella Tate.

27. CDD CONCEPT PLAN #98-03--2201 EISENHOWER AVENUE--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for an amendment to the Coordinated Development District (CDD) Concept Plan for the Mill Race portion of the Eisenhower Avenue CDD. Applicant: Mill Two Associates Partnership and Zion Properties of New York, Inc., by Jonathan Rak, attorney.

28. DEVELOPMENT SPECIAL USE PERMIT #98-0020--2201 EISENHOWER AVENUE; MILL ROAD--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for an amendment to a development special use permit, with site plan, for construction of a multi-family residential development with associated retail uses; zoned CDD-2/Coordinated Development District. Applicant: Mill Two Associates Partnership, by Jonathan Rak, attorney.

29. SPECIAL USE PERMIT #98-0118--2201 EISENHOWER AVENUE--MILL RACE, PHASE I -- Public Hearing and Consideration of a request for a special use permit for a transportation management plan (TMP) for the Mill Race development; zoned CDD-2/Coordinated Development District. Applicant: Mill Two Associates Partnership, by Jonathan Rak, attorney.

30. SPECIAL USE PERMIT #98-0135--719 NORTH SAINT ASAPH STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CD/Commercial Downtown. Applicant: Mei Ji Zheng, by Danny Parsons and David Agronsky.

31. SPECIAL USE PERMIT #98-0145--2400-B MOUNT VERNON AVENUE--RIVERA’S CAFE -- Public Hearing and Consideration of a request for a special use permit to change the ownership and hours of operation of a restaurant; zoned CL/Commercial Low. Applicant: Rivera’s Cafe, by Maria C. Perez.

32. SPECIAL USE PERMIT #99-0007--301-A SOUTH WEST STREET -- Public Hearing and Consideration of a request for a special use permit to operate a research laboratory with a parking reduction; zoned OCM-50/Office Commercial Medium. Applicant: Advanced Power Technologies Inc., by J. Howard Middleton, Jr., attorney.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals.





THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, at 3:25 p.m., upon motion by Vice Mayor Euille, seconded by Council Member Rich and carried unanimously, the Public Hearing Meeting of Saturday, March 13, 1999, was adjourned. The voting was as follows:

Euille "aye" Cleveland "aye"
Rich "aye" Pepper "aye"
Donley "aye" Speck "aye"
Walker "aye"
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APPROVED BY:



__________________________________________
KERRY J. DONLEY MAYOR


ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk









The meeting was adjourned at 3:25 p.m.

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.
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Individuals with disabilities who require assistance or special arrangements to participate in the City Council meeting may call the City Clerk and Clerk of Council's Office at 838-4500 (TTY/TDD 838-5056). We request that you provide a 48-hour notice so that the proper arrangements may be made.
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