Back to FY Dockets


Public Hearing Meeting
Saturday, December 12, 1998 - - 9:30 a.m.


* * * * *

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. Sunderland, 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; Mrs. Godwin, Director of Management and Budget; Ms. Moore, Budget Analyst; Ms. Johnson, Division Chief, Planning and Zoning; Ms. Cabe, Acting Assistant City Manager; Ms. Davis, Director of Housing; Fire Chief Hawkins; Mr. McMahon, Deputy Director of General Services; Library Director O'Brien; Ms. Federico, Director of Historic Alexandria; Mr. Crabtree, Deputy Director of Transportation and Environmental Services; and Lieutenant Butler, Police Department.

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

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) Kirk Lippold, 2121 Jamieson Avenue, representing the Eisenhower Civic Association, spoke against the PTO at Carlyle;

(b) Patti Hulvershorn, 2121 Jamieson Avenue, representing the Eisenhower Civic Association, spoke against the PTO at Carlyle;

(c) Alan Rudd, 2121 Jamieson Avenue, representing the Eisenhower Civic Association, spoke against the PTO at Carlyle;

(d) Elizabeth (Pat) Rudd, 2121 Jamieson Avenue, representing the Eisenhower Civic Association, was available to answer questions;

(e) John C. Belshe', 600 South Royal Street, representing Friends of Jones Point, spoke to the Woodrow Wilson Bridge suit; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(e); 12/12/98, and is incorporated herewith as part of this record by reference.


(f) Bert Ely, 108 North Alfred Street, representing the Coalition for a Sensible Bridge, spoke to the Woodrow Wilson Bridge suit; a copy of his statement is on file in the Office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 2(f); 12/12/98, and is incorporated herewith as part of this record by reference.

(g) Judy McVay, 207 North Columbus Street, representing Old Town Civic Association, spoke to the Woodrow Wilson Bridge suit;

(h) Jack Sullivan, 4300 Ivanhoe Place, representing the Seminary Hill Association, spoke to the Woodrow Wilson Bridge suit;

(i) Robert Peavey, Porto Vecchio, South Washington Street, spoke to the Woodrow Wilson Bridge suit;

(j) Julie Crenshaw, 816 Queen Street, spoke to the Woodrow Wilson Bridge suit; and

(k) John Chapman Gager spoke.

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3 - 10)

Planning Commission

Without Objection, Council removed Docket Item Nos. 4, 8 and 10 from the Action Consent Calendar and considered them under separate motions.

3. SPECIAL USE PERMIT #98-0133 -- 722 NORTH HENRY STREET; 1106 MADISON STREET -- Public Hearing and Consideration of a request for a special use permit to operate an automobile repair garage; zoned CRMU-M/Commercial Residential Mixed Use, Medium. Applicant: Antonio and Delicia Claure.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 3; 12/12/98, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #98-0136 -- 3030 DUKE STREET -- SHAKER’S MOTOR CAR COMPANY -- Public Hearing and Consideration of a review and request for amendment to a special use permit to change the hours of operation, increase the number of automobiles and allow an off-street parking reduction for the existing automobile sales and rental business; zoned CG/Commercial General. Applicant: Gholam Reza Shaker.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 12/12/98, and is incorporated herewith as part of this record by reference.)

6. SPECIAL USE PERMIT #98-0139 -- 5800 EDSALL ROAD -- KLINE COLLISION REPAIR CENTER -- Public Hearing and Consideration of a request for a special use permit to continue the operation of an automobile repair business as a noncomplying use; zoned CG/Commercial General. Applicant: Kline Collision Repair Center, by Nan E. Terpak, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 12/12/98, and is incorporated herewith as part of this record by reference.)

7. SPECIAL USE PERMIT #98-0141 -- 4936-A EISENHOWER AVENUE, UNIT #34 -- Public Hearing and Consideration of a request for a special use permit to operate a catering business; zoned OCM-100/Office Commercial Medium. Applicant: Javier C. Nogales and Michele L. Berwinkle.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 12/12/98, and is incorporated herewith as part of this record by reference.)

9. SPECIAL USE PERMIT #98-0121 -- 111-119 EAST REED AVENUE -- NATIONAL CAR RENTAL -- Public Hearing and Consideration of a review of a special use permit and request to change the hours of operation for an automobile maintenance, sales and storage business; zoned CSL/Commercial Service Low and RB/Residential. Applicant: National Car Rental Systems, Inc., by Marie Karl.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 12/12/98, 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 except for docket item nos. 4, 8, and 10, 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, 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. City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations.

7. 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.

END OF ACTION CONSENT CALENDAR

The voting was as follows:

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

4. SPECIAL USE PERMIT #98-0134 -- 532 KING STREET -- STARBUCKS COFFEE HOUSE -- Public Hearing and Consideration of a request for an amendment to a special use permit to change the conditions for an existing restaurant; zoned CD/Commercial Downtown. Applicant: Starbucks Coffee Company.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 12/12/98, and is incorporated herewith as part of this record by reference.)

Paul Gaiser, 4963 Elm Street, Suite 103, Bethesda, MD, attorney representing the applicant, was present to answer questions.

Councilman Speck requested that the language for condition #10 needs to be consistent with the way Council directed staff on all of these requirements with respect to employee parking. The condition should read: 10. The applicant shall require that its employees who drive to work use off-street parking.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper 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 amended condition #10 to read: 10. The applicant shall require that its employees who drive to work use off-street parking. The voting was as follows:

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


8. SPECIAL USE PERMIT #98-0142 -- 109 KING STREET -- POP’S ICE CREAM SHOP -- Public Hearing and Consideration of a request for an amendment to a special use permit to change the hours of operation and menu selection for a restaurant (ice cream shop); zoned CD/Commercial Downtown. Applicant: Giodan Corporation, by Michael Costello.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 12/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Wood's letter dated December 9, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 12/12/98, and is incorporated herewith as part of this record by reference.)

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

Douglas Wood, 912 South Saint Asaph Street, expressed concern about the doors being kept open in violation of the Health Code.

It was noted that the applicant was not present. The Members of City Council asked questions of Planning and Zoning Director Lynn and Planning and Zoning Deputy Director Ross.

Councilwoman Pepper requested staff to communicate to the owner and applicant that they need to be good neighbors. They must keep the front door closed as it is a requirement and it is troublesome to people who live in the neighborhood when left opened. She requested staff to communicate that the Council was very sobered by the fact that they are back asking for such an intensification so soon after the initial approval.

Mayor Donley stipulated to staff that if the applicant gets another notice of violation regarding the open door issue that this matter be redocketed for Council consideration. Mayor Donley also requested staff to notify the applicant that he has one more chance and then he’s before Council.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried on a vote of 5-to-2, City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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








10. SPECIAL USE PERMIT #98-0138 -- 3201-3203 DUKE STREET -- HECHINGER COMMONS SHOPPING CENTER -- PANERA BREAD -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant with a parking reduction; zoned CG/Commercial General. Applicant: Saint Louis Bread Company, Inc., by Jonathan P. Rak, Attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 12/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated December 12, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 10; 12/12/98, and is incorporated herewith as part of this record by reference.

A copy of Ms. Lepanto's letter dated December 11, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item No. 10; 12/12/98, and is incorporated herewith as part of this record by reference.)

Members of City Council asked questions of Planning and Zoning Director Lynn with respect to parking and traffic circulation. Jonathan Rak, attorney for the applicant, also responded to questions.

Mayor Donley stated that what the applicant is requesting today is to modify the application with the conditions that are stated in Mr. Rak’s letter and approve this application with the understanding that the owner will work on some modifications that would improve the efficiency of the parking lot.

Mr. Rak responded that that is correct.

Councilman Speck expressed concern that another Bradlee situation, which has taken years to reconcile, will occur at this shopping center with respect to parking and traffic circulation. This shopping center, Hechinger Commons, is not an easy shopping center to get into. Anyone traveling east knows how difficult that left turn access has been. He spoke to the turnover of businesses in this shopping center. We really need to keep an eye on this from two standpoints. We want it to succeed, but we want it to succeed in a way that doesn’t create an impact on the surrounding community that turns out to be many years before we resolve it, like the Bradlee situation.

Jonathan Rak spoke to Item No. 2 of Joanne Lepanto’s letter stating that it proposes that the applicant acknowledges that the granting of the request of reduction in parking shall not be utilized by the applicant as a justification for refiling an application for an approval of a parking lot. While that certainly is a representation that the owners of the Hechinger Commons Shopping Center have made and live by, the applicant for this particular SUP is just the restaurant and they would not presumably ever be in a posture where they will be refiling for an expansion of a parking lot since they are just a use within the center.

Mayor Donley stated that Mr. Rak’s letter regarding condition #15 would become a part of the application as a representation which is acceptable both to Mr. Rak and the Seminary Hills Civic Association.

Vice Mayor Euille stated that we, as a Council and as a City, have a responsibility to reach out to businesses since we have an Office of Alexandria Economic Partnership, small business coordinators, and the Mayor’s business outreach program. He suggested that not only for this particular item on the docket today, but any business that we are concerned about which is a positive asset to the City, we should avail ourselves of the opportunity to go out to meet and address these issues prior to them becoming problems. Vice Mayor Euille requested that we do that with Hechingers, with their management, with their present owners and the like to begin the exercise of fully understanding what are their long-range terms for development and expansion so that we can prevent and preclude potentially another Bradlee Shopping Center situation from occurring.

Mayor Donley questioned Mr. Lynn about the original shopping center which was approved without a dedicated left-hand turn at Hechingers’ and Mr. Speck mentioned the access to the shopping center. There is not a dedicated left-hand turn for the western portion of this shopping center. He requested some comment from staff in a memorandum to Council about a dedicated left-hand turn on the western entrance to the shopping center.

Councilwoman Pepper noted that one of the worst sections of Duke Street is from McDonald's until you actually are past the entire Hechinger Commons Shopping Center. She indicated that she does not know what can be done to ease that, but it is constant all day every day. Transportation and Environmental Services Director O'Kane will respond to her concern in a memorandum.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille 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 included Mr. Rak's letter dated December 12, 1998, pertaining to condition #15, as part of the record. The voting was as follows:

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

WITHOUT OBJECTION, City Council considered Docket Item Nos. 20 and 21 out of order, and they were considered together.

20. REZONING #98-0001 -- 1900 KING STREET -- THE PLAZA AT KING STREET STATION -- Public Hearing and Consideration of request to change the zoning designation of the subject property from UT/Utilities to OCH/Office Commercial High. Applicant: A & A Limited Partnership, by Alvin R McNenl.

COMMISSION ACTION: Recommend Denial 6-1

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 20; 12/12/98, and is incorporated herewith as part of this record by reference.)






21. DEVELOPMENT SPECIAL USE PERMIT #98-0024 -- 1900 KING STREET — THE PLAZA AT KING STREET STATION -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct a mixed use development of residential and retail uses, with modification of the setback requirement; zoned UT/Utilities. Applicant: A & A Limited Partnership, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Denial 6-1

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 12/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Blair's letter dated December 10, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item Nos. 20 and 21; 12/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Neale's letter dated November 25, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 20 and 21; 12/12/98, and is incorporated herewith as part of this record by reference.

A copy of Mr. Sims' letter dated December 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item Nos. 20 and 21; 12/12/98, and is incorporated herewith as part of this record by reference.

Petitions in opposition to this development are on file in the office of the City Clerk and Clerk of Council, collectively marked as Exhibit No. 5 of Item Nos. 20 and 21; 12/12/98, and is incorporated herewith as part of this record by reference.)

Members of Council spoke to the future development of the Kiss and Ride lot. It is hoped that in the future whenever this comes up again it should not come up in the way it did the first time. Hopefully, the neighborhood would work with this applicant or a future applicant on what best should be done with this lot.

Council Member Walker indicated that she has talked with Transportation and Environmental Services about trying to schedule a work session on the King Street Pedestrian Plan as it has been received from Metro. The citizens are interested in seeing the results of the study, but it should go to Council and Planning before it goes to the King Street Task Force. She stated that she hopes we can schedule this work session because it is something that needs a lot of discussion on the part of Council. She indicated that there are also some plans for the King Street overpass bridge at that area which Transportation and Environmental Services could discuss. Perhaps we could add some discussion also of what we would like to see at the Kiss and Ride location at the same time. She indicated that she would like to do this as soon as possible.








WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council received the withdrawals of Docket Item Nos. 20 and 21. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

11. Public Hearing on the Configuration of the Kate Waller Barrett Library Following the Opening of the City's New Central Library in Late 1999.

(A copy of Mr. O'Brien's memorandum dated December 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 12/12/98, and is incorporated herewith as part of this record by reference.

Communications received pertaining to this item are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 2 of Item No. 11; 12/12/98, and is incorporated herewith as part of this record by reference.)

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

Library Director O'Brien gave a presentation giving the background of this item.

Louise Forstall, 1100 West Taylor Run Parkway, vice chair, Library Board, spoke in support of the Library staff's position;

Brooksie Koopman, 116 West Maple Street, spoke regarding the reconfiguration of the Kate Waller Barrett Library; a copy of her statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Ann Baynard, 410 Jefferson Street, spoke to the inconvenience of placing the adult collection upstairs;

Barbara Ramm, 15 East Alexandria Avenue, president, PTA Council, suggested that Council reconsider how the Barrett Library will be used and the proper placement of the historic Lloyd House collection; a copy of Ms. Ramm's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Susan Borchardt, 320 5th Street, S.E., Washington, D.C., president, Friends of Lloyd House, spoke; a copy of Ms. Borchardt's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Catharine Hollan, 806 Devon Place, representing Friends of Lloyd House Board, spoke; a copy of Ms. Hollan's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 6 of this item;



Judy Miller, 507 North View Terrace, president, Rosemont Citizens Association, requested deferral of consideration of the plans for the Barrett Library;

Wesler Pippenger, 2909 A South Woodstock Street, Arlington, VA, representing Friends of Lloyd House Board, spoke;

Ellen Pickering, 103 Roberts Lane, requested a review of the issue;

Susan R. Perry, 227 North Columbus Street, requested that the Barrett Library be kept the way it is;

Pat Braun, 206 North Columbus Street, representing Old Town Civic Association, suggested that the Lloyd House collection be continued to be housed in a separate building;

Lillie Finklea spoke against moving the Lloyd House collection;

Melvin Bergheim, 4905 Maury Lane, requested a discussion of appropriate allocation of space and placement of collection;

Ron Ullrich, 310 North Columbus Street, representing the Inner City Civic Association, suggested maintaining the Barrett Library as is and look at what the options are; and

Brooksie Koopman used the time yielded to her by Sally Ann Baynard to offer her rebuttal.

There was considerable Council discussion on this item.

WHEREUPON, a motion was made by Councilwoman Pepper and seconded by Council Member Rich (for purposes of discussion) to have another pair of eyes take a look at these proposals that have come before Council, with the hope that other Members of Council would comment so that if we do go that route all of those comments would be referred to that person; it would be somebody who would work with Library Director Patrick O’Brien and also would have the access to certainly talking to Ms. Koopman who has her own ideas as well as others who have joined her; and asked the City Manager if it was possible to find somebody who would help us with this in a short time knowing that we don’t have a lot of time.

THEREUPON, Councilman Speck offered a substitute motion, which was seconded by Vice Mayor Euille to (1) close the public hearing; (2) thank the many speakers for their thoughtful comments; and (3) thank the Library Board and professional staff for their good work and encourage them to continue to seek public input for the use and management of their facilities.

WHEREUPON, Council voted on whether to accept the substitute motion which passed on a vote of 4-to-3. The voting was as follows:

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

There was discussion on the substitute motion.

WHEREUPON, Council returned to the substitute motion made by Councilman Speck, seconded by Vice Mayor Euille and carried unanimously, City Council (1) closed the public hearing; (2) thanked the many speakers for their thoughtful comments; and (3) thanked the Library Board and professional staff for their good work and encouraged them to continue to seek public input for the use and management of their facilities. The voting was as follows:

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

Whereupon, at 12:55 p.m., City Council recessed for lunch.

Thereupon, at 1:30 p.m., City Council reconvened the meeting.

12. Public Hearing and Consideration of the City of Alexandria's Proposed 1999 Charter Bill to Provide Express Authority for the City to Regulate and Prohibit the Intensification of Nonconforming, Noncomplying, "Grandfathered" and Other Uses Which Do Not Comply with Current Zoning Law. (#16 11/24/98; #16 11/14/98)

(A copy of the City Manager's memorandum dated December 7, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 12/12/98, 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. 2 of Item No. 12; 12/12/98, and is incorporated herewith as part of this record by reference.)

Council Member Walker recused herself from this discussion because of a conflict of interest.

Vice Mayor Euille disclosed the fact that he has a minute minority ownership in a company that has an ownership and a restaurant in Old Town but it does not involve one of the restaurants that will be affected by this issue so he will be participating in the discussion.

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

Sally Hatch, 2465 Forest Grove Road, Vilas, NC, landlord of 119 and 214 King Street, spoke against;

Paul H. Bynum, Six King Street, representing Old Town Seaport Inn Corporation, spoke against;

Members of Council, City Attorney Sunderland and Mr. Bynum participated in a dialogue.

Judy McVay, 207 North Columbus Street, president, Old Town Civic Association, spoke in support;

Judy Miller, 507 North View Terrace, spoke in support;

Ellen Pickering, 103 Roberts Lane, spoke in support; and

Jon Wilbor, 310 South Lee Street, spoke in support.

WHEREUPON, upon motion by Councilman Speck, seconded by Council Member Rich and carried on a vote of 5-to-0, City Council closed the public hearing, adopted the charter amendment that would be added to the legislative package, and with the deletion of the comma, after the word "entertainment" in item f., of subsection (g) (ii). The voting was as follows:

Speck "aye" Euille "aye"
Rich "aye" Cleveland out of room
Donley "aye" Pepper "aye"
Walker out of room

13. Public Hearing and Consideration of Amending the City's 1999 Legislative Package to Include a Proposal to Permit the Use of Laser Speeding Detectors by the Police Department. (Councilman Speck)

(A copy of the City Manager's memorandum dated December 3, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 12/12/98, and is incorporated herewith as part of this record by reference.)

Councilman Speck spoke to this item.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council added to the City's legislative package for the 1999 General Assembly Session a proposal to authorize the use of laser speed detection devices by the Alexandria Police Department. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

14. DEVELOPMENT SITE PLAN #98-0010 -- 3101-3231 DUKE STREET -- HECHINGER COMMONS SHOPPING CENTER -- Public Hearing on and consideration of an appeal of a decision of the Planning Commission, on October 6, 1998, denying a request for a development site plan approval to construct additional parking for a shopping center, located at 3101-3231 Duke Street; zoned CG/Commercial General. Applicant and Appellant: Steuart Hechinger Commons by Jonathan P. Rak, Attorney. (#13 11/14/98)

Commission Action: Denied 7-0
(The Applicant has requested that this item be withdrawn.)

(A copy of Mr. Rak's letter dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 14; 12/12/98, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council noted the withdrawal of this request. The voting was as follows:

Euille "aye" Cleveland "aye"
Pepper "aye" Rich "aye"
Donley "aye" Speck out of room
Walker "aye"

15. TEXT AMENDMENT #98-0018 -- MASTER PLAN AMENDMENT #98-0006 -- REZONING #98-0003 -- 5010 DUKE STREET -- CAMERON STATION, WEST END SCHOOL -- Public Hearing and Consideration of a request for amendment to the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to add public school as a permitted use in the CDD Concept Plan for Cameron Station. Applicant: Greenvest, L.C., by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 12/12/98, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 6-to-0, City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

Rich "aye" Euille "aye"
Pepper "aye" Cleveland "aye"
Donley "aye" Speck out of room
Walker "aye"

ORDINANCES AND RESOLUTIONS

16. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the City's 1992 Master Plan by adopting changes to (i) the Old Town North Small Area Plan Chapter, (ii) the Landmark/Van Dorn Small Area Plan Chapter, and (iii) various parts or the plan that have been recommended by the planning commission as part of its periodic, five-year plan review. (#15 12/8/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.






WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4030

AN ORDINANCE to amend and reordain the 1992 Master Plan of the City of Alexandria, Virginia, by adopting and incorporating therein the amendments heretofore approved by city council to such master plan as Master Plan Amendment Nos. 98-0003, 98-0005 and 98-0006 and no other amendments, and to repeal all provisions of the said master plan as may be inconsistent with such amendments.

WHEREAS, the City Council of the City of Alexandria finds and determines that:

1. In Master Plan Amendment No. 98-0003, the Planning Commission, on its own motion, and pursuant to its statutory mandate to review and if appropriate update the master plan at five year intervals, adopted six changes to various small area plan chapters of the 1992 Master Plan of the City of Alexandria, Virginia.

2. In Master Plan Amendment No. 98-0005, an application has been made to amend the Old Town North Small Area Plan Chapter of the 1992 Master Plan by adopting twelve amendments proposed by the Old Town North Community Association.

3. In Master Plan Amendment No. 98-0006, an application has been made to amend the Landmark/Van Dorn Small Area Plan Chapter of the 1992 Master Plan to permit a public school within the Cameron Station Coordinated Development District, with a CDD special use permit.

4. The said amendments have heretofore been approved by the planning commission and city council after full opportunity for comment and public hearing.

3. All requirements of law precedent to the adoption of this ordinance have been complied with; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That the amendments to the 1992 Master Plan of the City of Alexandria, Virginia, set forth in Planning Commission Resolution No. MPA 98-0003, attached hereto and incorporated fully herein by reference, be, and the same hereby are, adopted as amendments to the 1992 Master Plan of the City of Alexandria, Virginia.


Section 2. That the amendments to the Old Town North Small Area Plan Chapter of 1992 Master Plan of the City of Alexandria, Virginia, set forth in Planning Commission Resolution No. MPA 98-0005, attached hereto and incorporated fully herein by reference, be, and the same hereby are, adopted as amendments to the said small area plan chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 3. That the amendments to the Landmark/Van Dorn Small Area Plan Chapter of 1992 Master Plan of the City of Alexandria, Virginia, set forth in Planning Commission Resolution No. MPA 98-0006, attached hereto and incorporated fully herein by reference, be, and the same hereby are, adopted as amendments to the said small area plan chapter of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 4. That the director of planning and zoning be, and he hereby is, directed to record the foregoing master plan amendments as part of the 1992 Master Plan of the City of Alexandria, Virginia.

Section 5. That the 1992 Master Plan of the City of Alexandria, as amended by this ordinance, be, and the same hereby is, reordained as the 1992 Master Plan (1998 ed.) of the City of Alexandria, Virginia.

Section 5. That the city clerk shall transmit a duly certified copy of this ordinance to the Clerk of the Circuit Court of the City of Alexandria, Virginia, and that the said Clerk of the Circuit Court shall file same among the court records.

Section 6. That this ordinance shall become effective upon the date and at the time of its final passage.

KERRY J. DONLEY
Mayor

Attachments: Master Plan Resolutions

Introduction: 12/08/98
First Reading: 12/08/98
Publication: 12/09/98; 12/10/98
Public Hearing: 12/12/98
Second Reading: 12/12/98
Final Passage: 12/12/98
* * * * *



1

2

3


4



5



6



7



8



9



10



11


REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

17. CDD DEVELOPMENT CONCEPT PLAN #98-06 -- 5010 DUKE STREET -- CAMERON STATION, WEST END SCHOOL -- Public Hearing and Consideration of a request for an amendment to the Coordinated Development District (CDD) Concept Plan for the Cameron Station site to add a public school as a permitted use. Applicant: Greenvest, L.C., by Cyril D. Calley, attorney.

COMMISSION ACTION: Recommend Approval 6-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 12/12/98, and is incorporated herewith as part of this record by reference.)

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

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 proposal, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS (continued)

18. Public Hearing, Second Reading and Final Passage of AN ORDINANCE to amend the text of the Zoning Ordinance, and the zoning map as it pertains to the Cameron Station Coordinated Development District, to allow a public school, with a special use permit, within the Cameron Station CDD. (#14 12/8/98) [ROLL-CALL VOTE]

The City Clerk read the docket item.

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

WHEREUPON, upon motion by Council Member Rich, seconded by Councilman Cleveland and carried on a unanimous ROLL-CALL vote, City Council finally passed the ordinance upon its Second Reading and Final Passage. The voting was as follows:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4031

AN ORDINANCE to amend and reordain Section 5-602 (COORDINATED DEVELOPMENT DISTRICTS CREATED, CONSISTENCY WITH MASTER PLAN, REQUIRED APPROVALS), under Section 5-600 (CDD/COORDINATED DEVELOPMENT DISTRICT), of Article V (MIXED USE ZONES) of the City of Alexandria Zoning Ordinance (TA NO. 98-0006) (REZ NO. 98-0003).
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That paragraph (9) of Section 5-602(A) of the City of Alexandria Zoning Ordinance be, and the same hereby is, amended to read as follows:

9Cameron StationR-8 zone regulations applyUp to 2,510 residential units may be permitted*; and up to 30,000 square feet of retail space; and up to 80,000 square feet for a public school; all on 97 acres

* Actual number of units to be determined as part of CDD concept plan amendments submitted in conjunction with the unapproved phases (V and (VI).		45 feet along Duke Street and First Street, except two buildings up to 55 feet at the entrance to the development from the park road, to 55 feet at the center of the area, and to 77 feet along the railroad tracks, with a limited number of buildings to 120 feet along the southern portion of the siteResidential, retail, open space and public school

Section 2. That Section 5-602 of the City of Alexandria Zoning Ordinance, as amended by this ordinance, be, and the same hereby is, reordained as part of the City of Alexandria Zoning Ordinance.






Section 3. That this ordinance shall become effective upon the date at the time of its final passage, and shall apply to all applications for land use, land development or subdivision approval provided for under the City of Alexandria Zoning Ordinance which are on such date pending before any city department, agency or board, or before city council, or on judicial review; shall apply to all such applications which may be filed after such date, and shall apply to all other facts and circumstances subject to the provisions of the City of Alexandria Zoning Ordinance, except as may be provided in Article XII of the Zoning Ordinance.

KERRY J. DONLEY
Mayor

Introduction: 12/08/98
First Reading: 12/08/98
Publication: 12/09/98; 12/10/98
Public Hearing: 12/12/98
Second Reading: 12/12/98
Final Passage: 12/12/98
* * * * *

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

19. DEVELOPMENT SPECIAL USE PERMIT #98-0023 -- 5010 DUKE STREET -- CAMERON STATION, WEST END SCHOOL -- Public Hearing and Consideration of a request for a development special use permit, with site plan, for construction of a school; zoned CDD-9/Coordinated Development District. Applicant: Alexandria City Public Schools, by Jay Johnson and Russell R. Smith.

COMMISSION ACTION: Recommend Approval 6-0

It was noted that there were no speakers on this item; therefore, the public hearing was concluded.

Councilwoman Pepper directed questions to Jay Johnson, representing the schools, with respect to the location of the entrances to the school.

WHEREUPON, upon motion by Councilman Cleveland, seconded by Vice Mayor Euille and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

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








22. DEVELOPMENT SPECIAL USE PERMIT #98-0027 -- 1-45 CARRIAGE HOUSE CIRCLE -- COLONIAL HEIGHTS -- Public Hearing and Consideration of a request for an amendment to a development special use permit to change the required off-street parking for a residential townhouse project; zoned RT/Residential. Applicant: Colonial Heights Homeowner’s Association, by Gail Gordon
(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 12/12/98, 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 Exhibit No. 2 of Item No. 22; 12/12/98, and is incorporated herewith as part of this record by reference.)

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

Gail Gordon, 7 Carriage House Circle, treasurer, Colonial Heights Homeowners' Association, spoke against the Planning Commission decision;

Harriett G. McCune, 19 Fort Williams Parkway, spoke in support of the Planning Commission decision;

David Shetler, 45 Carriage House Circle, spoke in support of the Planning Commission decision;

John Edwards, 31 Carriage House Circle, spoke in support of the Planning Commission decision;

Edward Damich, 17 Carriage House Circle, spoke in support of the Planning Commission decision;

Constance Contompasis, 43 Carriage House Circle, spoke in support of the Planning Commission decision; a copy of Ms. Contompasis' statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item; and

James Francis Browne, 38 Carriage House Circle, representing Colonial Heights Homeowners' Association, spoke against the Planning Commission decision.

The Members of Council, Ms. Gordon, Mr. Edwards, Mr. Browne, and Mr. Damich participated in a discussion on this issue.










WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried on a vote of 6-to-1, City Council approved the recommendation of the Planning Commission and approved the staff-proposed amendment, subject to all applicable codes, ordinances, and staff recommendations. The voting was as follows:

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

23. DEVELOPMENT SPECIAL USE PERMIT #98-0026 -- 3601 JEFFERSON DAVIS HIGHWAY -- OLD TOWN GREENS -- Public Hearing and Consideration of a request for an amendment to a development special use permit to reduce the required number of affordable housing units for a residential townhouse and condominium project; zoned CDD-10/Coordinated Development District. Applicant: Centex Homes, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 6-1

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 12/12/98, 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, attorney representing the applicant, 112 South Alfred Street, spoke in support.

WHEREUPON, upon motion by Council Member Rich, seconded by Council Member Walker and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the proposed amendment, subject to all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

24. SPECIAL USE PERMIT #98-0123 -- 501 NORTH HENRY STREET -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CSL/Commercial Service Low. Applicant: Rasoul Termeh, S & R Enterprises, Inc.

COMMISSION ACTION: Recommend Approval 4-3

(A copy of Ms. Ross' memorandum dated December 8, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24;12/12/98, and is incorporated herewith as part of this record by reference.

A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 24; 12/12/98, 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 Exhibit No. 3 of Item No. 24; 12/12/98, and is incorporated herewith as part of this record by reference.)

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

Steven Zimmerman, 119 North Henry Street, attorney representing applicant, spoke in support;

Jesse Jennings, 1019 Oronoco Street, representing neighbors in the block, spoke in opposition;

Wendy Waldrop, 1022 Oronoco Street, representing residents of Oronoco Street, spoke against;

Kirk Waldrop, 1022 Oronoco Street, representing residents of Oronoco Street, spoke against;

Suzanne Benvenuto, 1010 Oronoco Street, spoke against;

Michael Clay, 1014 Oronoco Street, representing residents of the area, spoke against;

Robert Davis, 1014 Oronoco Street, spoke against;

Doug Foord, 1008 1/2 Oronoco Street, spoke against;

Sean E. Spann, 1017 Oronoco Street, spoke against; and

Lisa Johnson, 1011 Oronoco Street, spoke against.

Attorney Zimmerman offered his rebuttal.

General Discussion.

Mayor Donley requested the owner of the building to try to bring a business to this site that the neighborhood would want and support which would help the neighborhood itself as well as the business.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Councilman Cleveland and carried unanimously, City Council overturned the recommendation of the Planning Commission and denied the request. The voting was as follows:

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








25. SPECIAL USE PERMIT #98-0130 -- 2838 DUKE STREET -- DUKE STREET MOBIL -- Public Hearing and Consideration of a request for a review of a special use permit for an automobile service station; zoned CG/Commercial General. Applicant: Essam Danfora.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 25; 12/12/98, 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, spoke in support and answered questions directed to him by Council.

Councilman Speck suggested a friendly amendment to the following motion, which was accepted by the maker and seconder, which was to have a one-year review instead of a six-month review.

WHEREUPON, upon motion by Councilwoman Pepper, 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 amended the SUP to have a one-year review. The voting was as follows:

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

26. DEVELOPMENT SPECIAL USE PERMIT #98-0015 -- 201 NORTH QUAKER LANE -- DARTMOUTH PLACE -- Public Hearing and Consideration of a request for a cluster development special use permit, with site plan, to construct single-family dwellings; zoned R-20/Residential. Applicant: Equity Homes, by Duncan W. Blair, attorney.

COMMISSION ACTION: Recommend Approval 7-0

(A copy of the Planning Commission report dated December 1, 1998, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 26; 12/12/98, 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, spoke in support and spoke to the issues detailed in his letter dated November 25, 1998, which all parties present to speak on this agreed to waive their time to speak since Mr. Blair's letter has been made part of the record.




WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried unanimously, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to all applicable codes, ordinances and staff recommendations, with the inclusion of the conditions as presented by Mr. Blair in his letter dated November 25, 1998 to the Planning Commission, and as requested by the Civic Association. The voting was as follows:

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

REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Planning Commission (continued)

27. MASTER PLAN AMENDMENT #98-0002 -- 1900 KING STREET -- THE PLAZA AT KING STREET STATION -- Public Hearing and Consideration of a request for an amendment to the King Street/Eisenhower Avenue Small Area Plan Chapter of the 1992 Master Plan

COMMISSION ACTION: Denied 6-1

[To Council for Informational Purposes Only]
Without objection, City Council noted the above item for informational purposes only.
* * * * *

THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, at 4:27 p.m., the Public Hearing Meeting of December 12, 1998, was adjourned. The voting was as follows:

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


APPROVED BY:




__________________________________________
KERRY J. DONLEY MAYOR



ATTEST:



______________________________________________
Beverly I. Jett, CMC City Clerk



The meeting was adjourned at 4:27 p.m.

This docket is subject to change.

* * * * *

Full-text copies of ordinances, resolutions, and agenda items are available in the Office of the City Clerk and Clerk of the Council.
* * * * *

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.
* * * * *