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Public Hearing Meeting
Saturday, February 20, 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. 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. Johnson, Division Chief, Planning and Zoning; Fire Chief Hawkins; Police Chief Samarra; Ms. Beeton, Urban Planner II; Ms. Steele, Deputy City Manager; Ms. O'Regan, Director of Human Services; Ms. Whitmore, Director of Parks, Recreation and Cultural Activities; Ms. Bertsch, Acting Public Information Officer; Deputy Fire Marshal Schomp; and Lieutenant Butler, 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.

Mayor Donley announced that Council would not get to Docket Item No. 24, Ireland's Own, until approximately 2:00 p.m.

2. Public Discussion Period.

(a) Kirk S. Fedder, 113 West Maple Street, representing the Park and Recreation Commission, spoke in support of the concept plans for Jones Point Park and the Urban Deck as presented.

(b) John Chapman Gager spoke.












REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES

ACTION CONSENT CALENDAR (3-12)

Planning Commission

WITHOUT OBJECTION, City Council removed docket item nos. 7 and 8 from the Action Consent Calendar, and considered them under separate motions.

3. TEXT AMENDMENT #99-0002--SPECIAL USE PERMIT CHANGE OF OWNERSHIP -- Public Hearing and Consideration of an amendment to Section 11-503 (F) of the Zoning Ordinance to amend regulations relating to a change of ownership of a special use permit.

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

4. SPECIAL USE PERMIT #98-0147--835 SOUTH PAYNE STREET-- WASTEWATER FACILITY--TRAILER -- Public Hearing and Consideration of a request for a special use permit for a temporary modular office (trailer); zoned UT/Utilities and Transportation. Applicant: Alexandria Sanitation Authority, by Gaylon Moomaw.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 4; 2/20/99, and is incorporated herewith as part of this record by reference.)

5. SPECIAL USE PERMIT #98-0151--1468-A NORTH BEAUREGARD STREET -- HAMLET SHOPPING CENTER--SUBWAY -- Public Hearing and Consideration of a request for a special use permit to operate a restaurant; zoned CDD-4/Coordinated Development District. Applicant: Subway Real Estate Corporation, by Christopher M. Decre.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 5; 2/20/99, and is incorporated herewith as part of this record by reference.)










6. SPECIAL USE PERMIT #98-0152--2305 MOUNT VERNON AVENUE -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school for computer training, with a request for a parking reduction; zoned CL/Commercial Low. Applicant: Nelly Aleman.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 6; 2/20/99, and is incorporated herewith as part of this record by reference.)

9. ENCROACHMENT #98-0007--1600 PRINCE STREET--PRINCE STREET CONDOMINIUM -- Public Hearing and Consideration of a request for encroachment into the public right-of-way for an awning; zoned RC/Residential. Applicant: 1600 Prince Street Board of Directors, by Courtenay Hansen.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 9; 2/20/99, and is incorporated herewith as part of this record by reference.)

10. DEVELOPMENT SPECIAL USE PERMIT #98-0030--113 NORTH FAYETTE STREET -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct an apartment hotel; zoned CD/Commercial Downtown. Applicant: John H. Marino, Jr. and John H. Marino, Sr.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 10; 2/20/99, and is incorporated herewith as part of this record by reference.)

11. DEVELOPMENT SPECIAL USE PERMIT #98-0035--1900 DUKE STREET--CARLYLE SITE - BLOCK H -- Public Hearing and Consideration of a request for an amendment to the approved Carlyle Development Plan to transfer square footage between blocks; zoned CDD-1/Coordinated Development District. Applicant: Carlyle Development Corporation, by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 11; 2/20/99, and is incorporated herewith as part of this record by reference.)






12. SPECIAL USE PERMIT #98-0174--1300-1304 KING STREET -- Public Hearing and Consideration of a request for a special use permit to operate a rooming house; zoned CD/Commercial Downtown. Applicant: Nick and Frank Constantino.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 12; 2/20/99, and is incorporated herewith as part of this record by reference.)

END OF ACTION CONSENT CALENDAR

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Rich and carried unanimously, City Council approved the Action Consent Calendar as presented with the exception of docket item nos. 7 and 8, 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 text amendment.

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. 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.

10. 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.

END OF ACTION CONSENT CALENDAR




The voting was as follows:

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

7. SPECIAL USE PERMIT #98-0171--1470-B NORTH BEAUREGARD STREET-- HAMLET SHOPPING CENTER -- Public Hearing and Consideration of a request for a special use permit for a restaurant (ice cream shop); zoned CDD-4/Coordinated Development District. Applicant: Temel, L.L.D., Maggie Moo's, by Nafiz Guinyor.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 7; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of a letter of withdrawal dated February 9, 1999, from The Mark Winkler Company, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 7; 2/20/99, and is incorporated herewith as part of this record by reference.)

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Council Member Walker and carried unanimously, City Council acknowledged the withdrawal of this item. The voting was as follows:

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

8. SPECIAL USE PERMIT #99-0003--2210 EISENHOWER AVENUE--CLYDE BEATTY-COLE BROTHERS CIRCUS -- Public Hearing and Consideration of a request for a special use permit to operate a three-day circus; zoned CDD-2/Coordinated Development District. Applicant: Knights of Columbus for Cole Brothers Circus, by Dan Bennett.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 8; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Lynn's memorandum dated February 19, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 8; 2/20/99, 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. 3 of Item No. 8; 2/20/99, and is incorporated herewith as part of this record by reference.)



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

Mary Zoeter, 523 North Paxton Street, representing the Action for Animals Network, spoke against;

Julie Crenshaw, 816 Queen Street, spoke against;

Kate Pullen, 910 South Payne Street, director of the Alexandria Animal Shelter, and representing the Animal Welfare League of Alexandria, spoke against;

Jim Bertine, 2935 South Columbus Street, Arlington, VA, representing Blessed Sacrament Knights of Columbus Council 11947, spoke in support;

Dan Bennet, P. O. Box 127, DeLand, FL, marketing director, Cole Brothers Circus, Inc., spoke in support;

Charles E. Bennett, 8716 Victoria Road, Springfield, VA, representing Knights of Columbus Council 11922, Annandale, VA, spoke in support;

Charles Colao, 3710 Riviera Street, Temple Hills, MD, veterinarian, spoke against;

Marianne Merritt, 1111 North Pitt Street, #3A, attorney, spoke against;

Ann Plamondon, 5332 Taney Avenue, spoke against; and

Jeannie Larsen, 2843 Hill Road, Vienna, VA, spoke against.

Members of City Council participated in the discussion on this item.

Council Member Walker suggested that Alexandria develop an ordinance like that which Fairfax County has so that if the City is faced with this again, we would at least have some kind of tool to use to make sure that the animals are humanely treated.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 5-to-2, City Council denied the application. The voting was as follows:

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

REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER

13. Public Hearing on and Consideration of the Fiscal Year 1998 Annual Report of the Youth Policy Commission, and Setting it for Public Hearing. (#22 1/26/99)

(A copy of the City Manager's memorandum, together with the report, dated January 19, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 13; 2/20/99, and is incorporated herewith as part of this record by reference.)


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

Claude Convisser, 503 North West Street, representing the Youth Policy Commission, spoke in support;

Deborah Brown Anderson, 1315 Duke Street, representing the Youth Policy Commission, spoke in support;

Barbara Allen-Hagen, 222 Virginia Avenue, representing the Youth Policy Commission, spoke in support, and stated that she works in the Office of Juvenile Justice, U.S. Department of Justice, and indicated that grant monies will be coming available for School Violence Prevention and Early Childhood Development Activities, under the Safe Schools Healthy Students Initiative which provides a blueprint for how communities should begin organizing themselves with grounding themselves in the data on the problems that face kids, on developing collaborative working relationships, etc.;

Deborah Bombard, 205 West Glendale Avenue, representing the Alexandria Public Health Advisory Commission, spoke in support and suggested narrowing the scope by starting on a single area and coming back with a specific set of proposals, and do further action plans over time; and

John D. Kling, 4016 Ellicott Street, representing the Alexandria Public Health Advisory Commission, and the Health System Agency Board of Directors, spoke in support and suggested more focused results, i.e., who are the most needy children, what age group, service gaps, and what resources are available, as well as working closely with staff.

Mayor Donley spoke to this report and plans for the future. He indicated that the Commission has developed goals and objectives, and that there are an array of services provided in the City, and the Commission will seek to find the gaps and examine existing programs.

Council Member Walker suggested for the future we should be looking at our City in a positive way as an economic development tool. We should talk about the successes of our youth, and talk about how many kids we have that graduate, who do go to college, who do come back, who are able to earn a living, who are successful, and those are the numbers we should be increasing, how many merit scholarship winners we have, and how many students we have in advanced classes.

Council Member Walker indicated that we should also start talking about the City as a whole. What kind of PR can we put out that says that this is really a super City? Are we really doing what we need to do for families? Are we really doing what we need to do to bring more people to the City, more places for children and families to grow up?

Vice Mayor Euille noted that the Youth Council will be having a reception on April 13, in Room 2000, and they will receive a proclamation. The officers that have been elected will be formally installed by the Council. He stated that they do want to sit down with Council and have a work session to discuss their issues and concerns, and work in collaboration with the Youth Policy Commission, the Council and the school system as we move forward. He requested that there be more emphasis on prevention.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilman Cleveland and carried unanimously, City Council (a) endorsed the Youth Policy Commission and Youth Council's YouthMapping project; (b) authorized the Youth Policy Commission and the Youth Council to assist the City Department of Human Services in soliciting funds for the project; and (c) endorsed the mission statement and re-affirmed the current appointments of the members of the Commission for the remainder of their respective terms. The voting was as follows:

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

ORDINANCES AND RESOLUTIONS

14. Public Hearing. Second Reading and Final Passage of AN ORDINANCE to remove the December 31, 1998 sunset date for the Youth Policy Commission which is contained in Ordinance Nos. 3952 and 3962. (#23 1/26/99)

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

Allen Lomax, 5021 Seminary Road, representing the Economic Opportunities Commission, expressed concern that the ordinance and report did not clarify the policy process, and the input process as the Commission goes forward. He noted the need for a statement of intent that the Commission work collaboratively with other boards and commissions in the City; and

John Chapman Gager spoke.

Mayor Donley stressed that the Youth Policy Commission should be a clearing house for other boards and commissions.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Council Member Walker 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:

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

The ordinance finally passed reads as follows:
ORDINANCE NO. 4033

AN ORDINANCE to amend Title 12 (EDUCATION, SOCIAL SERVICES AND WELFARE) by re-adopting Chapter 13 (YOUTH POLICY COMMISSION), all of The Code of the City of Alexandria, Virginia, 1981, as amended.

WHEREAS, city council established the Youth Policy Commission by Ordinance No. 3952 in September 1997; and



WHEREAS, Ordinance No. 3952, as amended by Ordinance No. 3962, had a sunset provision whereby the Youth Policy Commission would automatically expire on December 31, 1998; and

WHEREAS, by virtue of this sunset provision, the Youth Policy Commission expired on December 31, 1998; and

WHEREAS, city council wishes to re-establish the Youth Policy Commission and to make its re-establishment effective January 1, 1999; now, therefore,
THE CITY COUNCIL OF ALEXANDRIA HEREBY ORDAINS:

Section 1. That Title 12 of The Code of the City of Alexandria, Virginia, 1981, as amended, be, and the same hereby is, amended by the re-adoption of Chapter 13, which was originally adopted by Ordinance No. 3952 and amended by Ordinance No. 3962, but which, by virtue of the sunset provisions in said ordinances, expired on December 31, 1998, to read as follows:
Chapter 13

Youth Policy Commission

Sec. 12-13-1 Creation of commission; designation as youth services citizen board.

There is hereby established a commission to be known as the Youth Policy Commission (hereinafter referred to in this chapter as the commission). This commission is designated and authorized to act as the city's youth services citizen board for purposes of section 66-29 of the Code of Virginia (1950), as amended.

Sec. 12-13-2 Composition; appointment; terms; chairperson and officers; committees.

(a) The commission shall consist of 19 members, 18 of whom shall be voting members and one a non-voting member. Ten of the voting members shall be citizens, two shall be from community non-profit agencies that have an interest in youth issues, four shall be from the public sector, and two shall be from city boards or commissions or other organizations which have an interest and involvement with youth. The majority of the members of the commission shall not be elected officials or employees of a public or private service agency that provides services to the city's youth. The non-voting member shall be a judge from the juvenile and domestic relations court, as determined by the chief judge of that court.

(1) Citizen members. These ten members shall be appointed by city council and shall be city residents. They shall consist of: three parents of children 18 years of age or younger, one of whom shall be a resident of school board election District A, one of whom shall be a resident of District B and one of whom shall be a resident of District C (see section 12-1-4); two individuals eighteen years or younger; two representatives of the business community; two members of professions which require special training or knowledge in issues affecting youth; and one individual who has an interest in issues affecting youth in the city. The terms of the citizen members shall be three years and shall be staggered.



(2) Community non-profit agency members. These two members shall be appointed by city council and shall be city residents. They shall represent non-profit community agencies that have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(3) Public sector members. These four members shall be the mayor, the commonwealth's attorney, a member of the school board designated by the board, and a member of the public health advisory commission designated by the commission. The mayor and the commonwealth's attorney shall serve on the commission for so long as he holds office. The other two public sector members shall serve terms of three years which shall be staggered.

(4) Members from city boards or commissions or other organizations. These two members shall be appointed by city council, and shall be residents of the city who are members of city boards or commissions, or of other organizations, which, in the course of performing their duties and functions, come into significant contact with the city's youth or which otherwise have an interest in youth issues. The terms of these members shall be three years and shall be staggered.

(b) The commission shall elect from among its voting members a chairperson and such other officers as it deems necessary.

Sec. 12-13-3 Relationship to the early childhood commission and the interagency consortium on adolescent pregnancy.

(a) The early childhood commission, which is responsible to city council for developing program, policy and service recommendations for children up to eight years of age, shall provide input into the commission's overall planning and coordination for youth.

(b) The interagency consortium on adolescent pregnancy, which is responsible for coordinating activities that seek to prevent adolescent pregnancy and to support adolescents who are parenting, shall provide input into the commission's overall planning and coordination for youth.

Sec. 12-13-4 Meetings; quorum; rules of procedure; annual report.

(a) The commission shall meet at least once a month during the months of September through June, and may meet at such other times it deems necessary or desirable. All voting members of the commission present at a meeting shall be entitled to vote, and the decisions of the commission shall be determined by a majority vote of such members present and voting. A quorum, which shall consist of at least 50 percent of the non-vacant seats on the commission (excluding the seat occupied by a judge of the juvenile and domestic relations court), shall be required in order for the commission to transact business. A member eligible to vote who is present but does not vote shall be considered in counting a quorum. In matters concerning the procedure for meetings not covered by this chapter, the commission may establish its own rules, provided such rules are not contrary to law or the mandate or spirit of this chapter. Otherwise, the rules of procedure set out in Robert's Rules of Order shall apply.

(b) The commission shall submit to the city council each year a written report of its activities. The report shall also address the matters described in section 12-13-5(b), and may address other matters relating to the city's youth that the commission may choose to make.

Sec. 12-13-5 Functions and duties.

The functions and duties of the commission shall be as follows:

(a) to submit to city council a vision for youth well-being in the city;

(b) to submit to city council an annual report which shall include, but not be limited, to

(1) a plan of action to carry out the commission's vision for youth, which shall include priorities;

(2) an analysis of the outcome of youth program and services measured against indicators of youth well-being; and

(3) recommendations regarding city funding for youth programs and services;

(c) to review progress toward meeting the commission's vision and plan of action by:

(1) monitoring the programs and services that are available to the city's youth to determine their effectiveness in meeting the established priorities; and

(2) holding public hearings, when deemed necessary, to obtain input regarding youth issues from the general public; and

(d) to coordinate responses from and among appropriate city and non-city organizations to emerging and existing issues affecting the city's youth.

Sec. 12-13-6 Staff assistance.

The director of human services shall be responsible for providing staff support to the commission to assist it in carrying out its functions and duties.

Section 2. That this ordinance shall be effective on January 1, 1999.

KERRY J. DONLEY
Mayor

Introduction: 1/26/99
First Reading: 1/26/99
Publication: 1/27/99; 1/28/99
Public Hearing 2/20/99
Second Reading: 2/20/99
Final Passage: 2/20/99
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REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

Planning Commission (continued)

Without Objection, City Council considered docket item nos. 15 and 16 together, however, had separate motions on each item.

15. CDD CONCEPT PLAN #98-04--5010 DUKE STREET--CAMERON STATION, PHASE II -- Public Hearing and Consideration of a request for approval of an amendment to the Coordinated Development District (CDD) Concept Plan for the Cameron Station, Phase II development; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney. (#12 1/23/99)

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 15; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated January 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 15; 2/20/99, and is incorporated herewith as part of this record by reference.)

16. SPECIAL USE PERMIT #98-0090--5010 DUKE STREET--CAMERON STATION, PHASE II -- Public Hearing and 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. (#13 1/23/99)

(A copy of the Planning Commission report dated January 5, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 16; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Calley's letter dated January 22, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 16; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. West's letter dated January 12, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of Item Nos. 15 and 16; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of a partial verbatim transcript pertaining to Mr. Duszynski's remarks, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of Item No. 16; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of the City Attorney's new conditions handed out at the meeting is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of Item No. 16; 2/20/99, and is incorporated herewith as part of this record by reference.)

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

Cyril D. Calley, 307 North Washington Street, attorney representing the applicant, spoke in support;




James Duszynski, 8514 Westwood Drive, Suite 900, Fairfax, VA, representing the applicant, went through the changes to the plan and answered questions directed to him by Members of Council; a copy of his remarks and dialogue is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Susan M. Walters, 50 South Pickett Street, #110, spoke against;

Nell Vetter, 922 Juniper Place, representing the Holmes Run Committee, spoke against;

Joanne Tomasello, 511 North Pickett Street, speaking on behalf of Converse West, chair of the Holmes Run Committee, supported denial of this request;

Katy Cannady, 20 East Oak Street, spoke against;

Karen Smith, 1023-2 South 19th Street, Arlington, VA, expressed concern over the discussion because she is a future property owner at Cameron Station; and

Duncan W. Blair, 112 South Alfred Street, representing the applicant, spoke in support and introduced Kathy Holmes, Public Relations Consultant for Greenvest.

Vice Mayor Euille requested the City Manager to consider either someone from the Office of Housing and/or from the Office of Economic Development Partnership Office to be a liaison to this development project and work in concert with Kathy Holmes, Public Relations Consultant for Greenvest.

Mayor Donley stated that now that the homeowners association has been established, the City would want to work with it like we do all civic associations, with a police liaison, a fire department liaison as well as other City staff.

City Manager Lawson indicated that she spoke with several homeowners on Tuesday night and suggested that they have a "City Night", and invite representatives from the police, fire, and other City staff. She stated that she will ask Citizen Assistance Officer Rose Boyd to work with the consultant to provide information, pamphlets, etc.

Council Member Walker requested that the City should have a very standard definition as to what we mean by open space, and how much of it we really want.

Councilwoman Pepper stated that she thought the Park and Recreation Commission and the Environmental Policy Commission were coming up with some kind of definition for open space, and we need it sooner than later.

It was noted that the following deferral was for the purposes of addressing the open space.









16. WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried unanimously, City Council approved the new condition #82 as noted in the January 22 letter from Mr. Calley, new condition #85 that was just distributed, the new condition #86 which is also in the January 22 letter from Mr. Calley, and the new condition #87 which was just distributed to Council, and deferred action to no later than the second Legislative Meeting in March [pending the developer's review of the existing "M" and "N" section of Phase II to determine where restoration of open space will take place] and closed the public hearing. The voting was as follows:

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

15. THEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council overturned the Planning Commission recommendation and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations, and approved an increase in height to 55 feet. The voting was as follows:

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

Whereupon, at 1:30 p.m., City Council recessed for lunch and the work session.

There was a City Council Work Session to Discuss the Woodrow Wilson Bridge Deck and Jones Point Park Concept Plans During the Lunch Break. The agenda was followed and staff gave a presentation on the concept plan and design issues for Jones Point Park and the Urban Deck.

Members of Council participated in the discussion.

The work session was concluded at approximately 2:30 p.m.
* * * * *

Thereupon, at 2:35 p.m., the public hearing meeting was reconvened and the following transpired:

17. SPECIAL USE PERMIT #98-0159--535 EAST BRADDOCK ROAD -- Public Hearing and Consideration of a request for a special use permit to change the ownership, to increase the seating, to add delivery service, to permit on- and off-premises sales of alcohol, and for a reduction of off-street parking at an existing restaurant; zoned CRMU-H/Commercial Residential Mixed Use. Applicant: Kerry McAfee.





(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 17; 2/20/99, and is incorporated herewith as part of this record by reference.)

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

Kerry McAfee, applicant, responded to questions posed by Council.

WHEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper 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, and added an additional condition at the request of the Chief of Police specifying that the applicant may not deliver alcoholic beverages as part of his delivery services. The voting was as follows:

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

18. SPECIAL USE PERMIT #98-0143--6100 LINCOLNIA ROAD -- Public Hearing and Consideration of a request for a special use permit for a reduction of off-street parking for an office building; zoned CRMU-M/Commercial Residential Mixed Use. Applicant: Lion Recording, by Hal Lion.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 18; 2/20/99, and is incorporated herewith as part of this record by reference.)

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

Hal Lion, 6100 Lincolnia Road, applicant, spoke in support and participated in a dialogue with the Members of Council and staff.

Transportation and Environmental Services Director O'Kane stated that he would talk with Mr. Lion, as well as Code Enforcement, to see if there is some way to move one of the spaces from in front of the building to across the parking lot.

WHEREUPON, upon motion by Vice Mayor Euille, seconded by Councilwoman Pepper and carried unanimously, City Council deferred this item to allow an opportunity for Mr. Lion to meet with staff so that he can come to a clearer understanding as to the requirements. The voting was as follows:

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



19. TEXT AMENDMENT #98-0016--ROOMING HOUSES -- Public Hearing and Consideration of an amendment to the Zoning Ordinance to change the definition of and add regulations regarding rooming houses.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 19; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of the Lynhaven Citizens Association's letter dated February 20, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 19; 2/20/99, and is incorporated herewith as part of this record by reference.)

It was noted that Rosa Byrd was present earlier in the day to speak in support of this item.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the recommendation of the Planning Commission and approved the text amendment. The voting was as follows:

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

20. TEXT AMENDMENT #99-0001--DAY LABOR AGENCIES -- Public Hearing and Consideration of an amendment to the Zoning Ordinance to permit a day labor agency only with a special use permit and to require the abatement of existing day labor agencies.

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

A copy of a verbatim transcript of this item is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 20; 2/20/99, and is incorporated herewith as part of this record by reference.)

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

Charles Carlton, 1000 Queen Street, representing Ace Temporaries, spoke against; a copy of Mr. Carlton's statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 3 of this item;

Douglas Alley, 3534 North Abingdon Street, Arlington, VA, representing Allstar Temporary of Virginia, spoke against; and


G. Michael Schlee, 712 Pendleton Street, spoke in support and spoke to conditions in the neighborhood.

Vice Mayor Euille asked, to show and demonstrate the City's commitment in wanting to work with agencies and to be very cooperative, that the City's Small Business Liaison, from the Economic Development Office, work with the two businesses in helping to bring about solutions to some of the apparent or alleged problems at the businesses and within the communities. He also asked that the Mayor's Business Outreach pay a visit to the two businesses and hear them out in terms of their concerns.

WHEREUPON, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, City Council approved the Planning Commission recommendation and approved the text amendment. The voting was as follows:

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

21. SPECIAL USE PERMIT #98-0161--1650 DIAGONAL ROAD--REGENT UNIVERSITY -- Public Hearing and Consideration of a request for a special use permit to operate a commercial school, with off-site parking; zoned OCH/Office Commercial High. Applicant: Regent University, by Jonathan P. Rak, attorney.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 21; 2/20/99, and is incorporated herewith as part of this record by reference.

A copy of Mr. Rak's letter dated February 18, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 2 of Item No. 21; and is incorporated herewith as part of this record by reference.)

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

Jonathan Rak, 11320 Random Hills Road, #600, Fairfax, VA, attorney representing the applicant, spoke in support with recommended change to condition #3.

Council Member Walker requested Mr. Rak, that within the student packages or even on the student literature when they are recruiting students for the university, to include a lot of information about transit use and bus use since it is located so close to the Metro Station.










WHEREUPON, upon motion by Council Member Rich, seconded by Councilwoman Pepper and carried on a vote of 5-to-0, City Council approved the recommendation of the Planning Commission, as amended, and approved the request, subject to all applicable codes, ordinances, staff recommendations, and the amended conditions #2 and #7, and the added conditions #8, #9 and #10, and amended condition #3 to read as follows: "3. The school shall operate only after 5:00 p.m. weekdays and on weekends, except that limited intensive summer courses and special school events, such as seminars, may be provided which include daytime classes on weekdays. Special arrangements shall be made for the transportation of the special summer day students and/or event participants or for low-cost parking, prior to offering any such summer day classes or special events, to the satisfaction of the Director of Planning and Zoning." The voting was as follows:

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

22. SPECIAL USE PERMIT #98-0169--701 SOUTH WASHINGTON STREET--CHICKEN OUT RESTAURANT -- Public Hearing and Consideration of a request to amend a special use permit to allow on- and off-premise sales of alcohol for the existing restaurant; zoned CL/Commercial Low. Applicant: Chicken Out, Inc., by Michael J. McHugh, attorney.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 22; 2/20/99, and is incorporated herewith as part of this record by reference.)

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

Michael McHugh, 2000 North 14th Street, Suite 210, Arlington, VA, attorney representing the applicant, spoke in support and introduced the applicant; and

Jon Wilbor, 310 South Lee Street, representing the Old Town Civic Association, spoke against off-premise alcohol sales.

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, staff recommendations and the amended condition #10, and amended condition #7 to allow for beer and wine sales on-premise only. The voting was as follows:

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




23. SPECIAL USE PERMIT #98-0170--3644 KING STREET--CHICKEN OUT RESTAURANT--BRADLEE SHOPPING CENTER -- Public Hearing and Consideration of a request to amend a special use permit to allow on- and off-premise sales of alcohol for the existing restaurant; zoned CG/Commercial General. Applicant: Chicken Out, Inc., by Michael J. McHugh, attorney.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 23; 2/20/99, and is incorporated herewith as part of this record by reference.)

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

Michael McHugh, 2000 North 14th Street, Suite 210, Arlington, VA, representing the applicant, spoke in support.

WHEREUPON, upon motion by Council Member Rich, 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 request, subject to compliance with all applicable codes, ordinances and staff recommendations. The voting was as follows:

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

24. SPECIAL USE PERMIT #98-0173--106 NORTH LEE STREET--IRELAND’S OWN RESTAURANT -- Public Hearing and Consideration of a request for a special use permit for a restaurant; zoned CD/Commercial Downtown. Applicant: Ireland’s Own, Inc., by Duncan W. Blair, attorney.

(A copy of the Planning Commission report dated February 2, 1999, is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 1 of Item No. 24; 2/20/99, 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. 2 of Item No. 24; 2/20/99, and is 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;

Warren L. Almquist, 201 East Monroe Avenue, architect representing the applicant, spoke in support and went over the architectural renderings;

Julie Crenshaw, 816 Queen Street, spoke in support;

Magee Whelan, 115 North Lee Street, #213, representing the Torpedo Factory Condominium Association, spoke against;

John Holsinger, 150 North Union Street, spoke against;

Sally Pickett, 110 Cameron Mews, representing the Cameron Mews Citizens Association, spoke against; a copy of her handouts are on file in the office of the City Clerk and Clerk of Council, marked collectively as Exhibit No. 3 of this item;

Carolyn Burkhardt, 115 North Lee Street, #PH 503, spoke against;

Howard Pyle, 125 North Lee Street, #300, spoke against; a copy of his statement is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 4 of this item;

Cindy S. Omeechevarria, 132 North Union Street, spoke against;

Mari Dunleavy Stull, 205 Cameron Street, spoke against;

Leah R. Fried, 146 North Union Street, spoke against;

Bob Weinhagen, 211 Cameron Street, spoke against;

Arthur T. Grimley, 4523 Franconia Road, spoke in support;

Robert Pickett, 110 Cameron Mews, read for the record a letter in opposition from Mr. and Mrs. Donald Beyer, residents of 212 North Lee Street; a copy of the letter is on file in the office of the City Clerk and Clerk of Council, marked Exhibit No. 5 of this item;

Zhanna Bukina, 115 North Lee Street, #400, spoke against;

Robert Keller, 126 Cameron Mews, spoke against;

Robert Dempsey, 414 Prince Street, spoke against;

Charles J. Reeder, 116 South Lee Street and owner of 214 North Royal Street, spoke in support;

Suzanne Camden, 214 North Royal Street, spoke in support;

Denise M. Henry, 427 Cameron Street, spoke in support;

John Gillan, 801 North Pitt Street, spoke in support;

William J. Parker, Jr., 14753 Main Street, Upper Marlboro, MD, spoke in support;

John Hammond, 6409 Potomac Avenue, spoke in support;

Tara Shelley, 1240 Michigan Court, spoke in support;

Anne Dawson, 4912 South Chesterfield Road, Arlington, VA, spoke in support;

Tim Jackson, 100 block Royal Street, Gadsby's Tavern, spoke in support;

Mark S. Feldheim, 1215 Prince Street, representing the Old Town Civic Association, spoke against;

Frederick L. Ahearn, 8800 Surrey Court, spoke in support;

H. Talmage Day, 113 North Fairfax Street, spoke against;

Melinda Mooney, 713 King Street, spoke in support;

Erin McKay, 25 Ancell Street, spoke in support;

Janice Mosher, 125 North Lee Street, #406, spoke against;

Janet Poleski, 132 North Royal Street, general manager of Ireland's Own, spoke in support;

John Wilbor, 310 South Lee Street, spoke against; and

Pat Troy, 132 North Royal Street, applicant, spoke in support.

WHEREUPON, a motion was made by Vice Mayor Euille and seconded by Council Member Walker, to approve the Special Use Permit subject to the compliance with all applicable codes, ordinances and the staff-recommended conditions, with the following amendments: condition #2 was changed to read: "2. Seating shall be provided for no more than 250 patrons."; accepted the Planning Commission-amended condition #5 which reads: "5. The hours of operation shall be limited from 11:00 a.m. to Midnight Monday through Thursday, from 11:00 a.m. to 1:00 a.m. on Fridays and Saturdays, and from 10:00 a.m. to Midnight on Sunday."; accepted the Planning Commission-amended condition #19; deleted the Planning Commission-recommended condition #20; kept staff's original condition #21; and deleted staff's condition #8; which motion FAILED on a vote of 3 "ayes" to 4 "nays". The voting was as follows:

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

THEREUPON, upon motion by Councilman Speck, seconded by Councilwoman Pepper and carried on a vote of 6-to-1, City Council affirmed the Planning Commission decision and denied the request. The voting was as follows:

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










REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)

DEFERRAL/WITHDRAWAL CONSENT CALENDAR (25-33)

Planning Commission (continued)

25. 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.

26. 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.

27. TEXT AMENDMENT #99-0006--MASTER PLAN AMENDMENT #99-0001-- REZONING #99-0001--5010 DUKE STREET--CAMERON STATION, PHASE V & VI -- Public Hearing and Consideration of a request for a zoning ordinance text amendment, master plan amendment and rezoning, with text amendments, to amend the Coordinated Development District (CDD) guidelines for the Cameron Station CDD. Applicant: Cameron Associates, by Cyril D. Calley, attorney.

28. CDD CONCEPT PLAN #98-07--5010 DUKE STREET--CAMERON STATION, PHASE V & VI -- Public Hearing and Consideration of a request for approval of an amendment to the approved Coordinated Development District (CDD) Concept Plan for Cameron Station; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney.

29. DEVELOPMENT SPECIAL USE PERMIT #98-0008--5010 DUKE STREET--CAMERON STATION, PHASE V & VI -- Public Hearing and Consideration of a request for a development special use permit, with site plan, to construct residential dwelling units in Phase V and VI of Cameron Station; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney.

30. SPECIAL USE PERMIT #98-0100--5010 DUKE STREET--CAMERON STATION, PHASE V & VI -- Public Hearing and Consideration of a request for a special use permit to amend the approved transportation management plan (TMP) for Cameron Station to incorporate Phases V and VI; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, by Cyril D. Calley, attorney.

31. DEVELOPMENT SPECIAL USE PERMIT #98-0036--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 a row; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

32. DEVELOPMENT SPECIAL USE PERMIT #98-0037--5010 DUKE STREET-- CAMERON STATION, PHASE IV -- 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 a row; zoned CDD-9/Coordinated Development District. Applicant: Cameron Associates, L.L.C., by Duncan W. Blair, attorney.

33. 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.

END OF DEFERRAL/WITHDRAWAL CONSENT CALENDAR

Without Objection, City Council noted the deferrals and withdrawals.
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THERE BEING NO FURTHER BUSINESS TO BE CONSIDERED, upon motion by Councilwoman Pepper, seconded by Vice Mayor Euille and carried unanimously, at 7:10 p.m., the Public Hearing Meeting of Saturday, February 20, 1999, was adjourned. The voting was as follows:

Pepper "aye" Cleveland "aye"
Euille "aye" Rich "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 7:10 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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Public Notice

Members of City Council attended the annual General Assembly Legislative Day sponsored by the Virginia Municipal League and the Virginia Association of Counties on Thursday, February 11, 1999, at the Richmond Marriott Hotel, 500 East Broad Street, Richmond, Virginia.

The day included a legislative update beginning at 2:00 p.m., followed by a reception starting at 5:30 p.m., with dinner with the legislative delegation at 6:30 p.m. at the Marriott.

More than two members of Council attended.
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Public Notice

City Council had a Site Visit at the Cameron Station Development Site on Duke Street, at 4:00 p.m. on Tuesday, February 16, 1999. The Site Visit was followed by a Presentation by Greenvest Developers and City Staff at the Cameron Station Information Center.
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