Office of the City Clerk
December 12, 1998
All Persons, Including Applicants, Wishing
to Speak Before City Council Must Fill Out A
Speaker's Form (Which May Be Found in The
Rear of the Council Chamber) and Present It
to the City Clerk.
If you have a prepared statement, please present
it to the City Clerk.
Public Hearing Meeting
Saturday, December 12, 1998 - - 9:30 a.m.
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OPENING
1. Calling the Roll.
The Meeting was called to order by Mayor Donley, and the City Clerk called the Roll; all Members of City Council were present.
Council Action:_______________________________________________________________
2. Public Discussion Period. [No more than 30 Minutes] [This
period is restricted to items not
listed on the docket.]
(a) 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 available in the City Clerk's Office;
(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 available in the City Clerk's Office;
(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;
OPENING (continued)
(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.
Council Action:_______________________________________________________________
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
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
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
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
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
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
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
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
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
END OF ACTION CONSENT CALENDAR
City Council approved the Action Consent Calendar as presented except for docket item nos. 4, 8, and 10, which were considered under separate motion. 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.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
4. 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.
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. (Separate Motion)
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.
8. 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, 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, and 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 we get 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.
City Council approved the recommendation of the Planning Commission and approved the request, subject to compliance with all applicable codes, ordinances and staff recommendations. (Separate Motion)
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.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
10. 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, Hechingers Common, 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.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
ACTION CONSENT CALENDAR (continued)
Planning Commission (continued)
10. (continued) 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 McDonalds until you actually are past the entire Hechingers Common 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.
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. (Separate Motion)
END OF ACTION CONSENT CALENDAR
Council Action:_______________________________________________________________
WITHOUT OBJECTION, City Council considered Docket Item Nos. 20 and 21 out of order.
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 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.
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.
Council voted on whether to accept the substitute motion which passed on a vote of 4-to-3. (Councilwoman Pepper, Councilman Cleveland and Council Member Rich voting "no".)
REPORTS AND RECOMMENDATIONS OF THE CITY MANAGER (continued)
11. (continued) There was discussion on the substitute motion. 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.
Council Action:_______________________________________________________________
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)
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.
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).
Council Action:_______________________________________________________________
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)
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.
Council Action:_______________________________________________________________
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.)
City Council noted the withdrawal of this request.
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
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
City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations.
Council Action:_______________________________________________________________
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]
City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4030
Council Action:_______________________________________________________________
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
City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations.
Council Action:_______________________________________________________________
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]
City Council finally passed the ordinance upon its Second Reading and Final Passage. ORD. NO. 4031
Council Action:_______________________________________________________________
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
City Council approved the recommendation of the Planning Commission and approved the proposal, subject to all applicable codes, ordinances and staff recommendations.
Council Action:_______________________________________________________________
Docket Item Nos. 20 and 21 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
City Council noted the withdrawal of this request.
Council Action:_______________________________________________________________
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
20. and 21. 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.
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
20. and 21 (continued) 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.
City Council noted the withdrawal of this request.
Council Action:_______________________________________________________________
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
COMMISSION ACTION: Recommend Approval 5-1
City Council approved the recommendation of the Planning Commission and approved the staff proposed amendment, subject to all applicable codes, ordinances, and staff recommendations.
Council Action:_______________________________________________________________
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
City Council approved the recommendation of the Planning Commission and approved the proposed amendment, subject to all applicable codes, ordinances and staff recommendations.
Council Action:_______________________________________________________________
REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES (continued)
Planning Commission (continued)
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
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.
City Council overturned the recommendation of the Planning Commission and denied the request.
Council Action:_______________________________________________________________
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
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.
Council Action:_______________________________________________________________
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
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.
Council Action:_______________________________________________________________
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]
O Without objection, City Council noted the above item for informational purposes only.
Council Action:_______________________________________________________________
The meeting was adjourned at 4:27 p.m.
This docket is subject to change.
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