COUNTY BOARD MEETING AGENDA July 9, 2005 8:30 A.M. Public Comment No earlier than 9:00 A.M. Consent Agenda and Regular Hearing Note: The documents attached are in PDF format. You will need the Adobe PDF Reader to view them. Note: After the County Board Meeting, video will be available here for viewing using Microsoft Media Player. The entire meeting is included, but is broken into segments corresponding to Agenda Items. Due to the file sizes, dial-up users may experience slow downloads. Note:Revisions to the Agenda are shown in italics. • PUBLIC COMMENT (watch video: part 1, part 2, part 3, part 4) • CONSENT (Items 1-36) Citizens interested in removing an item from the Consent Agenda must submit a speaker slip to the Clerk at the Saturday, July 9, 2005 meeting before 9 a.m. Public testimony on removed items will occur at the Recessed Meeting on Tuesday, July 12, 2005 at 6:30 p.m. (no testimony taken on Saturday). (watch video) CONSENT AGENDA: On motion by Mr. Ferguson, seconded by Ms. Favola, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the Consent Agenda – items #1 through #36 – except for items #6, 7, 8, 19, and 33, which were removed from the consent agenda and will be heard on Tuesday, July 12, at 6:30 p.m. Additional people may sign up to speak on the removed items. .
Site Plans/Amendments/Reviews 1. SP #50 Site Plan Review for a private ballet school at 5301 Lee Highway (RPC #02-073-092). C.M. Recommendation: Discontinue.
2. SP #65 Site Plan Amendment (Carry-Over): Nan Terpak, Attorney/Agent, to add approximately 8,264 square feet gross floor area, convert approximately 8,832 square feet office to retail, convert approximately5,584 square feet retail to office, comprehensive sign plan, outdoor seating in sidewalk easement area; 2461 S. Clark St. (Century I and II) (RPC # 34-020-035). C.M. Recommendation: Approve the proposed site plan amendment request subject to all previous conditions and to the new conditions in the staff report. In the event that there is a conflict between the old and new conditions, the conditions in the staff report shall take precedence.
3. SP #89 Site Plan Amendment: 1101 Associates, LP, conversion of former Newseum space; 1101 Wilson Blvd. (RPC #16-039-002). C.M. Recommendation: Defer to the County Board meeting of September 17, 2005.
4. SP #92 Site Plan Amendment (Carry-Over): Nan Terpak, Attorney/Agent, modification of existing building façade; 1325 Wilson Blvd. (RPC# 16-036-005). C.M. Recommendation: Defer to the County Board meeting of September 17, 2005.
5. SP #105-5 Site Plan Amendment: Fashion Centre Assoc. LLC by Martin Walsh, Attorney/Agent, to remove condition #50 which limits amount of retail area on lowest mall level; 1100 S. Hayes St. (RPC #35-005-025, -027). C.M. Recommendation: Approve as recommended in the staff report.
9. SP #346 Site Plan Amendment: Crescent Potomac Yard Development, LLC, to modify first floor configuration and uses; 2777 Crystal Drive (Land Bay A) (RPC #34-027-038). C.M. Recommendation: Approve as recommended in the staff report.
Use Permits Request/Reviews/Amendments 10. U-2167-78-1 Use Permit Review: Motiva Enterprises LLC, for review of comprehensive sign plan, automobile service station at 2835 Washington Blvd. (RPC # 18-031-005) (Shell). C.M. Recommendation: Renew, subject to all previous conditions, with quarterly administrative reviews in September 2005, December 2005, April 2006 and June 2006, and with a County Board review in one (1) year (July 2006).
11. U-2728-92-5 Use Permit Review: of a public garage at 3435 Washington Blvd (Pham’s Car Care Center) (RPC #15-086-010). C.M. Recommendation: Renew subject to all previous conditions with no further review.
12. U-2885-96-1 Use Permit Review: family day care for nine children; 5220 N. 5th St. (Charmaine Sriwardene) (RPC #13-004-045). C.M. Recommendation: Renew subject to all previous conditions with no further review.
13. U-3087-04-3 Use Permit Review: Amit Services, Inc., live entertainment; 4704 Columbia Pike (Amit’s Pizza and Subs), (RPC #27-004-002). C.M. Recommendation: Renew, subject to all previous conditions, amended condition #3, and with a review by the County Board in one (1) year (July 2006).
14. U-3125-05-1 Use Permit: Rira Clarendon LLC, live entertainment; 2915 Wilson Blvd. (RPC #15-066-002). C.M. Recommendation: Approve subject to the conditions in the staff report, with a County Board review in October 2006.
Vacations, Easements, Rights of Way, Encroachments & Leases 15. Deed of Lease between the County Board of Arlington County, Virginia and Arlington Community Action Program, Inc. on County's property at 1801 N. George Mason Drive, Arlington, Virginia. C.M. Recommendation: Defer to the County Board meeting of September 17, 2005.
16. First Amendment to Deed of Lease, between the County Board of Arlington County, Virginia and Arlington School Board on County's real property at 4975 Columbia Pike, Arlington, Virginia (Arlington Mill). C.M. Recommendation: Defer to the County Board meeting of September 17, 2005.
17. Authorization to accept a deed of easement and a deed of temporary easement and construction agreement at 5201 Old Dominion Drive for certain public storm drainage improvement and utility purposes for the Department of Environmental Services Project known as the Pimmit Run Flood Control Project (Old Dominion Drive Culvert Replacement) - Phase I. C.M. Recommendation: Adopt the motion attached to the staff report, approving the deed of easement and deed of temporary easement and construction agreement and authorizing execution thereof.
Ordinances and Plans 18. A. Adoption of the Fort Myer Heights North Plan. B. GP-300-04-2 General Land Use Plan amendments to add an open space symbol (triangle) to the following locations:: (a) Northeast corner of the block bordered by 16th Street North, North Queen Street, 14th Street North, and North Quinn Street. (b) Southwest corner of the block bordered by Clarendon Boulevard, North Quinn Street, North Rhodes Street, and 16th Street North (south of the existing public park). (c) Northeast corner of the block bordered by 14th Street North, North Rhodes Street, Fairfax Drive, and North Rolfe Street.
C. Adoption of an Ordinance to Amend Sections 13 and 15 of the Zoning Ordinance which amends, reenacts and recodifies regulations for development permitted under Special Exception Site Plan to include new provisions specific to properties located in the “Fort Myer Heights North Special District.” C.M. Recommendation: Defer to the County Board meeting of December 10, 2005.
Capital Projects 20. Award of contract between Environmental Quality Resources, L.L.C. and the Arlington County Board for the construction of the Donaldson Run stream restoration project. C.M. Recommendation: Approve as recommended in the staff report.
21. Award of a contract for the reconstruction of the playground at Lyon Village Park, 1800 N. Highland Street. C.M. Recommendation: Approve the award of contract in the amount of $518,000 to Custom Park Services, Inc. and approve an allocation of $51,800 as contingency for change orders for a total contract authorization of $569,800. In addition, authorize the purchasing agent to execute the contract documents, subject to review by the county attorney.
22. Award of an architectural and engineering design services contract for park design services for Phase II (of the redevelopment) of Barcroft Park. C.M. Recommendation: Approve the award of contract for park design services to Bowie Gridley Architects in an amount not to exceed $286,240, and a contingency of $43,760, for a total contract authorization not to exceed $330,000. In addition, authorize the purchasing agent to execute the contract documents, subject to review by the county attorney.
23. Award of a contract for the construction of a utility duct bank for the undergrounding the overhead utilities at the intersection of North Glebe Road and North Pershing Drive. C.M. Recommendation: Approve the award of contract to B. Frank Joy, LLC for the construction of a utility duct bank in the amount of $1,288,365.75, authorize an allocation of $128,836.00 as a contingency for change orders and increased quantities, and $64,418.00 in stipulated price items, for a total authorization of $1,481, 619.75. In addition, authorize the purchasing agent to execute contract documents, subject to review by the county attorney.
24. Authorization of an amendment to agreement number 105-04 between Arlington County and RTKL Associates Inc. for architectural and engineering services for the construction of the new Walter Reed Community Center. C.M. Recommendation: Approve as recommended in the staff report.
25. Award of agreements to four firms for multi-modal transportation planning, engineering and project construction management services. C.M. Recommendation: Approve as recommended in the staff report.
26. Award of a contract to multiple firms for professional engineering services for various parks and recreation facilities projects. C.M. Recommendation: Approve the award of contract to Earth Tech, Inc. and Paciulli, Simmions & Associates regarding professional engineering services for various parks and recreation facilities projects for up to a five-year period in an amount not to exceed $250,000 per year. In addition, authorize the purchasing agent to execute contract documents, subject to review by the County Attorney.
27. Adoption of resolution authorizing preliminary assessment for local improvements under Virginia Code Section 15.2-2404, concerning High Density and High Pedestrian Concrete Maintenance Program, concrete sidewalk, curb and gutter improvements for Project No. 2005-1 at 2300 Clarendon Blvd., 400 15th St. S., 1700 N. Uhle St., and 5110 Columbia Pike, Apartment A. C.M. Recommendation: Adopt the resolution in the staff report authorizing preliminary assessment for local improvements under Virginia Code Section 15.2-2404, concerning sidewalk, curb and gutter improvements for project No. 2005-1: High Density and High Pedestrian Concrete Repair Project.
Appropriations, Grant Applications & Other Contracts 28. Approval of Traffic Calming Projects. C.M. Recommendation: Approve as recommended in the staff report.
Requests to Advertise 29. A & B A. Request to advertise “On the County Board’s Own Motion” a rezoning from “C-2” Service Commercial – Community Business Districts and “RA8-18” Apartment Dwelling Districts to “C-2” Service Commercial – Community Business Districts and “C-O-1.0” Commercial Office Building, Hotel and Apartment Districts; premises known as 3565 Lee Highway (RPC #05-056-002). B. Request to advertise “On the County Board’s Own Motion” a site plan for approximately 51 dwelling units, approximately 8,545 sq ft commercial/ retail, with modifications for bonus density; premises known as 3565 Lee Highway (RPC #05-056-002). C.M. Recommendation: Authorize advertisement of public hearings for the September 6, 2005, Planning Commission and the September 17, 2005, County Board meetings.
30. Request to advertise Public Hearings on proposed amendments to Section 20 (Appendix A) Columbia Pike Form Based Code Districts of the Zoning Ordinance to: A. Revise the historic preservation regulations in Section III. B. of the Form Based Code, modifying the height “bonus” to retain appropriate tapering and reduce the impact of new development on surrounding neighborhoods; B. Modify the building envelope standards in Section IV. B., C., D. and E. of the Form Based Code to incorporate a new minimum floor-to-ceiling height requirement for all upper stories; and C. Add a definition for the term “open contiguous lot area” to Section II. of the Form Based Code. C.M. Recommendation: Authorize advertisement of public hearings for the September 6, 2005, Planning Commission and the September 17, 2005, County Board meetings.
31. Request to advertise a public hearing concerning the abandonment of a portion of North Oakland Street between 20th Street North and Lee Highway. C.M. Recommendation: Authorize advertisement of a public hearing for the September 17, 2005, County Board meeting.
32. Request to advertise amendment and re-enactment of Chapter 58 (Emergency Services) of the Code of Arlington County, to change the titles used and the name of the office. C.M. Recommendation: Authorize advertisement of a public hearing for the September 17, 2005, County Board meeting on the proposed amendment to update the titles and office name used in Chapter 58 to bring the language in line with the language used in the Code of Virginia, Virginia Emergency Services and Disaster Laws 2004 Edition.
Other 34. Authorization to execute applications for filing Registration for the Service Marks BIZLAUNCH and BizLaunch and design. C.M. Recommendation: Approve as recommended in the staff report.
35. Resolution to adopt the National Incident Management System and the Incident Command System for use by all County departments and agencies, as well as those agencies outside of the government that assist the County. C.M. Recommendation: Adopt the resolution (attached to the staff report) to adopt the National Incident Management System and the Incident Command System for use by all Arlington County departments and agencies.
36. Minutes.
REGULAR HEARING 37. A, B & C (watch video: part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8, part 9, part 10) A. Repeal of Section 33D., Restrictions on Parking in Districts in which Commercial and Industrial Uses are not permitted, of the Arlington County Zoning Ordinance. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted amendment to Section 33 D., Restrictions On Parking In Districts In Which Commercial and Industrial Uses Are Not Permitted, of the Arlington County Zoning Ordinance to repeal Section 33 D. of the Arlington County Zoning Ordinance, as shown in Attachment A to and recommended in the County Manager’s June 17, 2005, report.
B. Proposed Amendments to the ordinances establishing the Douglas Park Residential Zone Parking Program and the Columbia Forest Residential Zone Parking Program FINAL ACTION (C.M. RECOMMENDATION #2): On motion by Ms. Favola, seconded by Mr. Ferguson, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted amendments, as shown on Attachment B to the County Manager’s June 17, 2005, report, to the ordinance establishing the Douglas Park Residential Zone Parking Program, with an additional amendment to clarify that one flex pass per household shall be issued free of charge with additional permits at cost as specified in ordinance. FINAL ACTION (C.M. RECOMMENDATION #3): On motion by Ms. Favola, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted amendments, as shown on Attachment C to the County Manager’s June 17, 2005, report, to the ordinance establishing the Columbia Forest Residential Zone Parking Program, with an additional amendment to clarify that one flex pass per household shall be issued free of charge with additional permits at cost as specified in ordinance.
C. Amendment to Chapter 14.2 (Motor Vehicles and Traffic) of the Arlington County Code to enact Sections 14.2-98 through 14.2-106 relating to the countywide Residential Permit Parking Program. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted amendments to the Arlington County Code to enact Sections 14.2-98 through 14.2-106 relating to the Countywide Residential Permit Parking Program, as shown in Attachment D to the County Manager’s June 17, 2005, report, with an additional amendment to clarify that one flex pass per household shall be issued free of charge with additional permits at cost as specified in ordinance.
P.C. Recommendation: Approve Zoning Ordinance Amendment (A.). The Planning Commission also expressed comments regarding the Residential Permit Parking Program that are contained in their July 6 letter to the County Board. C.M. Recommendation: Approve as recommended in the staff report.
38. Adoption of an ordinance to amend, reenact and recodify Section 34., Subsections, A., B., E. and F. of Zoning Ordinance regarding political signs on private and public property in all zoning districts to amend regulations regarding commercial signs; non-commercial signs and political signs: to lessen restrictions for signs on private property and for greater restriction for signs on public property relating to duration, location, and size in order to facilitate the creation of a convenient, attractive and harmonious community; to encourage economic development; and for other reasons required by the public necessity, convenience and general welfare and good zoning practice. (watch video) P.C. Recommendation: Adopt the Zoning Ordinance amendment to Section 34., Subsections, A., B., E. and F. of the Arlington County Zoning Ordinance as recommended in the staff report. C.M. Recommendation: Adopt the Zoning Ordinance amendment to Section 34., Subsections, A., B., E. and F. of the Arlington County Zoning Ordinance as recommended in the staff report. FINAL ACTION: On motion by Mr. Fisette, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted the Zoning Ordinance amendment to Section 34., Subsections, A., B., E., and F. of the Arlington County Zoning Ordinance as recommended in the County Manager’s June 30, 2005, report..
39. U-2889-96-8 Use Permit Amendment (Carry-Over): comprehensive sign plan; 3000 N. 10th St. (Clarendon Storage) (RPC # 18-028-021) (watch video) C.M. Recommendation: Defer to the September 17, 2005, County Board meeting. FINAL ACTION: On motion by Mr. Ferguson, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board deferred to September 17, 2005, Use Permit Amendment U-2889-96-8 for a comprehensive sign plan at 3000 North 10th Street (Clarendon Storage), as recommended in the County Manager’s July 6, 2005, Revised Report.
40. U-3119-05-1 Use Permit (Carry-Over): Charles A. Cross, Unified Residential Development, 3 dwelling units; 1504 N. Johnson St. (RPC # 15-041-014). (watch video: part 1, part 2) P.C. Recommendation: Defer to the September 6 Planning Commission meeting and the September 17 County Board meeting. C.M. Recommendation: Approve as recommended in the staff report. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Ferguson, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved Use Permit U-3119-05-1 for a Unified Residential Development for three dwelling units at 1504 North Johnson Street, as recommended in the County Manager’s July 7, 2005, Revised Report and July 8, 2005, Supplemental Report.
41. SP #194 Site Plan Amendment: Metro City Inc. /Sobe Seafood Co., for live entertainment; at 3100 Clarendon Blvd. (RPC #19-002-007). (watch video) C.M. Recommendation: Approve as recommended in the staff report with a review by the County Board in three (3) months (October 2005). FINAL ACTION: On motion by Mr. Ferguson, seconded by Mr. Tejada, and carried by a vote of 4 to 1, the voting recorded as follows: Mr. Fisette – Nay, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved Site Plan Amendment SP #194 for live entertainment at 3100 Clarendon Boulevard (SoBe Seafood Co.), as recommended in the County Manager’s June 29, 2005, report, with a review by the County Board in three (3) months (October 2005).
42. (watch video) A. U-3126-05-1 Use Permit Columbia Pike Form Based Code: West Columbia Pike LLC, approximately 274 dwelling units, approximately 8,485 sq ft retail or approximately 237 dwelling units, approximately 7,553 sq ft retail, with modifications of use regulations for building setback; 5400, 5422, 5444, 5446, 5448, 5500, 5502, 5510 Columbia Pike (RPC #28-004-004, -005). P.C. Recommendation: Approve the use permit subject to the following conditions: • Clarification of the developer’s responsibility for funding and constructing utility undergrounding; • Community review of the plans for street and sidewalk transitions east and west of the site and the dimensions for the new Greenbrier Street, prior to implementation; • Clarification of the developer’s contribution to streetscape improvements, east and west of the site, and for construction of the new Greenbrier Street; • Clarification that pedestrian crossing distance across Columbia Pike is to be no more than 60 feet; • Modification of Condition 2.A. to name the Carlyle House Condominium Association in the liaison language; and • Clarification of the developer’s financial responsibility for the replacement of the existing retaining wall, in the event that the wall is undermined during construction.
The developer is also encouraged to place all vents on the interior wall of the balconies; to furnish U.S. EPA’s Energy Star label appliances, fixtures, and/or building components, and to consider minimal landscaping between the two rear retaining walls. C.M. Recommendation: Approve as recommended in the staff report. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Ms. Favola, and carried by a vote of 4 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Abstaining, and Mr. Tejada – Aye, the Board approved Use Permit U-3126-05-1 under the Columbia Pike Form Based Code for a 10-story condominium building with between 235 and 272 units and 7,544 to 8,427 square feet of ground floor retail, as recommended in the County Manager’s June 23, 2005, report.
B. Enactment of an Ordinance to Vacate a 30-foot wide storm drainage easement, a 20-foot wide storm drainage easement, two 5-foot wide sanitary sewer easements, and a 5-foot wide sanitary sewer and service connection easement; all across certain portions of the property at 5400, 5442, 5444, 5446, 5448, 5500, 5502, and 5510 Columbia Pike; Lots 1-A, 1-B, 4-B, 2-A-1, and 3-A-1 Columbia Village; RPC #28004004 and #28004005, with conditions. Attachment to Item 42B. C.M. Recommendation: Approve as recommended in the staff report. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Ms. Favola, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendations in the County Manager’s June 17, 2005, report, related in to an Ordinance to Vacate a 30-foot wide Storm Drainage Easement, a 20-foot wide Storm Drainage Easement, two 5-foot wide Sanitary Sewer Easements, and a 5-foot wide Sanitary Sewer and Service Connection Easement.
43. A, B & C (watch video: part 1, part 2) A. SP #106 Site Plan Amendment (Carry-Over): Robert Blackwell, Andy Shallal, Daljeet Singh, Walid Boustany, Peter Yoo, outdoor restaurant seating; 4014, 4024, 4040, 4044, 4052 S. 28th St. (Maggie Moos, Luna Grill, Aroma Restaurant, Aladdin’s Eatery, Bonsai Grill) (Village at Shirlington) (RPC # 29-019-024). B. SP #106 Site Plan Amendment: Supat Oursinsiri, increase outdoor restaurant seating from 20 to 28 seats; 4029 S. 28th St. (Thai in Shirlington) (RPC # 29-019-024). C. SP #106 Site Plan Amendment: Street Retail, Inc., outdoor restaurant/retail seating plan; 2756, 2766, 2768, 2770, 2772, 2774, 2780 S. Quincy St., 4013, 4015, 4017, 4019, 4021, 4025, 4031, 4039, 4043, 4044, 4047, 4052, 4053 S. 28th St., 2772 S. Arlington Mill Drive (RPC #29-020-003, -004, -005, -006, -007, -008, -009, -010, -011, -012, -013, -014, -015, -016, -017, -018, -019, -020, -021, -022, -023, -024; 29-019-024). C.M. Recommendation: Approve as recommended in the staff report. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Ms. Favola, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendations in the County Manager’s July 7, 2005 Revised Report, and the July 8, 2005, Supplemental Report, regarding the three Site Plan Amendment SP #106, with a review in one year and with amendments to condition #3 regarding adding the Fairlington-Shirlington Neighborhood Conservation Representative and Nauck Citizens Association Representative to those to receive the name and telephone number of the designated outdoor seating liaison to the neighborhood. .
44. Ordinance to amend, reenact, recodify Section 25-14 (Rates of Fare) of Chapter 25 (Taxicabs) of the Arlington County Code by amending subsection 25-14 (1) (j), to add up to $1.00 gasoline surcharge in addition to fare for each trip to become effective upon enactment. (watch video) C.M. Recommendation: Approve as recommended in the staff report. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendation in the County Manager’s July 1, 2005, report, adopting an Ordinance to amend, reenact, and recodify section 25-14 (Rates of Fare), subsection 25-14 (1) (j,) of Chapter 25 (Taxicabs), of the Arlington County Code relating to a fifty-cent ($0.50) gasoline surcharge, to become effective upon enactment.
45. Request to advertise public hearings on the proposed Zoning Ordinance amendment to: A. Section 1. Definitions and Section 32. Bulk, Coverage and Placement Requirements of the Zoning Ordinance to add definitions of lot coverage and main building footprint coverage and to reduce maximum lot coverage for one-family dwelling lots in "R-5," "R-6," "R-8," "R-10," and "R-20" Districts. Maximum coverage for these districts is presently fifty-six (56) percent. The proposed amendment would reduce maximum coverage on a sliding scale ranging from fifty-six (56) percent for lots smaller than 5,000 square feet to thirty-five (35) percent for lots that are equal to or larger than 20,000 square feet. A new main building footprint coverage maximum would be added ranging from a coverage percentage that is determined by the buildable area for lots smaller than 5,000 square feet to twenty (20) percent for lots that are equal to or larger than 20,000 square feet. The proposal would also grandfather lots not in compliance with the new coverage provisions. B. Section 35. Nonconforming Buildings and Uses to add a new Subsection 35.A.1. Qualification of Nonconforming Uses to permit reconstruction of existing, nonconforming one-family dwellings and associated accessory buildings to the original footprint and stories as long as the reconstruction is in compliance with the applicable provisions of the Zoning Ordinance, if those buildings are damaged by calamity not intentionally caused by the owner. A new provision that would also be added that allows one-family dwellings that are not in compliance with zoning regulations to be enlarged as long as the enlargement complies with all zoning requirements. The current provision that limits the expansion of one-family dwellings on undersized lots to fifty (50) percent of the existing floor area would be eliminated. (watch video) C.M. Recommendation: Authorize advertisement of a public hearing for the November 7, 2005, Planning Commission and the November 15, 2005, County Board meetings. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board authorized advertisement of public hearings on the proposed amendments to the Arlington County Zoning Ordinance relating to lot coverage for the November 7, 2005, Planning Commission meeting and the November 15, 2005, County Board meeting, as recommended in the County Manager’s July 1, 2005, report.
Other RECESSED: At 5:34 p.m., the meeting was recessed to 3:00 p.m., Tuesday, July 12, 2005, with removed consent items #6, 7, 8, 19, and 33 to be heard at 6:30 p.m. RECESSED HEARING Tuesday, July 12, 2005 3:00 P.M. Reports 6:30 P.M. Consent Agenda No earlier than 6:45 P.M. Regular Hearing
• COUNTY BOARD REPORTS (watch video: part 1, part 2) FINAL ACTION: On motion by Mr. Tejada, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted the attached resolution with respect to the use of housing cooperatives and other forms of tenant ownership in meeting the county's affordable housing crisis and stemming the displacement of its current low- and moderate-income households.
• APPOINTMENTS (watch video) FINAL ACTION: On motion by Mr. Fisette, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board made the appointments to the Advisory Groups shown in the attached list.
• REGIONAL REPORTS (watch video) • COUNTY MANAGER REPORT (watch video) The following items to be heard beginning at 6:30 p.m. • CONSENT (Items removed from the Consent Agenda from Saturday, July 9, 2005) (watch video) 6. SP #174 Site Plan Amendment: Ballston Place Homeowners Association, Inc., retain existing fences and sheds, replace/repair existing retaining wall, construct additional privacy fences and refuse screens; 4400 - 4413 N. 7th St., 4415, 4417, 4418 – 4425 N. 7th St., 4427, 4429, 4431, 4433, 4435, 4437 N. 7th St. (RPC #13-019-031 through 13-019-061). (watch video) C.M. Recommendation: Defer the consideration of the site plan amendment to the November 15, 2005, County Board meeting. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board deferred to November 15, 2005, Site Plan Amendment SP #174, as recommended in the County Manager’s July 8, 2005, Revised Report.
7. SP #241 Site Plan Amendment: BFP Potomac Tower Co., LLC, roof top sign; 1001 N. 19th St. (RPC #16-018-007). (watch video) C.M. Recommendation: Approve as recommended in the staff report. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved Site Plan Amendment SP #241, as recommended in the County Manager’s July 1, 2005, report.
8. SP# 296 Site Plan Review: John Casablanca’s Modeling and Career Center; 4820-A 31st St. S. (RPC #29-015-017). (watch video) C.M. Recommendation: Discontinue the site plan amendment for the John Casablanca’s Career and Modeling Center effective July 31, 2005. FINAL ACTION: On motion by Mr. Ferguson, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board discontinued Site Plan Amendment SP #296 for the John Casablanca’s Career and Modeling Center effective July 31, 2005, as recommended in the County Manager’s June 13, 2005, report.
19. Amendment to the Arlington County Retirement Ordinance. (watch video) Attachment to Item 19 C.M. Recommendation: Adopt the proposed amendments to Chapters 21, 35 and 46 of the Arlington County Code, Retirement Systems. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted the proposed amendments to Chapters 21, 35, and 46 of the Arlington County Code, Retirement Systems, as recommended in the County Manager’s June 20, 2005, report.
33. Adoption of the Reimbursement Resolution declaring the County’s equipment intentions. (watch video) C.M. Recommendation: Approve the Reimbursement Resolution (attachment #1 in the staff report) and authorize the county manager to negotiate lease financing for the equipment as presented in attachment #2 of the staff report. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendation in the County Manager’s June 16, 2005 report, related to a reimbursement resolution declaring the County’s equipment intentions.
The following items to be heard no earlier than 6:45 p.m. • REGULAR HEARING (Regular Hearing items from Saturday, July 9, 2005, if needed, as well as those listed below) 46. (watch video: part 1, part 2) A. Z-2518-05-1 Rezoning: Archstone-Smith Operating Trust, from “M-2” Service Industrial Districts to “C-O-1.5” Commercial Office Building, Hotel and Apartment Districts; 305 S. 10th St. (RPC #34-024-457). FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Ferguson, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendation in the County Manager’s July 7, 2005 report, related to Rezoning Z-2518-05-1 from “M-2” Service Industrial Districts to “C-O-1.5” Commercial Office Building, Hotel, and Apartment Districts at 305 South 10th Street (RPC #34-024-457). B. SP #390 Site Plan: Archstone-Smith Operating Trust, approximately 190 dwelling units with modifications of use regulations for density; 305 S. 10th St. (RPC #34-024-457). FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Ferguson, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved Site Plan SP #390 for approximately 190 dwelling units with modifications of use regulations for density at 305 South 10th Street, as recommended in the County Manager’s July 7, 2005, report, with new condition #78 distributed at the meeting related to dedication of the fee to the private yield street. P.C. Recommendations: Approve the rezoning and site plan in accord with the draft staff report, with suggested changes to conditions regarding possible future site plan amendments; new condition language requiring an acoustical engineering study of the site, and the addition of crosswalk treatments to 6th and 10th Streets; and a request that the final staff report include discussion of the status of current uses on the site after the site is rezoned. C.M. Recommendation: Approve as recommended in the staff report.
47. (watch video: part 1, part 2) A. U-2607-88-1 Use Permit Amendment: The Arlington Community Temporary Shelter, construct dormitory for maximum 21 occupants; 3127 N. 7th St. (RPC #19-010-005). FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved Use Permit U-2607-88-1 for construction of a dormitory for a maximum of 21 occupants, as recommended in the County Manager’s July 1, 005, report, with a County Board review in two (2) years (July 2007), and with amendments to conditions 11 and 24 made at the meeting (see minutes for more information). P.C. Recommendation: Approve the use permit amendment, subject to the conditions of the staff report, with a review six (6) months after the Certificate of Occupancy is issued, and with the following new conditions: • The applicant agrees to make the salvageable materials from the existing house available to non-profits. • Screening or fence materials surrounding the air conditioning condensers should include sound-absorbing masonry material. C.M. Recommendation: Approve as recommended in the staff report, with a County Board review in two (2) years (July 2007).
B. Allocation of Community Development Block Grant (CDBG) Housing Development Fund to Doorways for Women and Families, previously The Arlington Community Temporary Shelters (TACTS), to assist with the redevelopment of the Emergency Shelter for homeless women and families. FINAL ACTION: On motion by Ms. Favola, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the allocation of Community Development Block Grant (CDBG) Housing Development Fund to Doorways for Women and Families (Doorways), previously The Arlington Community Temporary Shelter (TACTS), as a loan to assist with the redevelopment of the Emergency Shelter for homeless women and families, as recommended in the County Manager’s June 13, 2005, report. C.M. Recommendation: Approve as recommended in the staff report.
48. Authorization of Amendment Number 1 to Emergency Agreement Number 333-03-1 for the stabilization and completion of new Fire Station No. 5 and authorization of Amendment Number 3 to Agreement 161-01 between the County Board and Lavigne Associates Architects, P.C. for architectural and engineering services. (watch video) C.M. Recommendation: Approve as recommended in the staff report.
FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendation in the County Manager’s June 20, 2005, report, related to the award of Emergency Contract Number 333-03-1.
ADDITIONAL ITEM FINAL ACTION: On motion by Mr. Zimmerman, seconded by Ms. Favola, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board Approval of an Agreement of Sale for the Acquisition of the Land and Improvements Located at 901 South Clark Street, RPC # 34025003; Approval of a Lease Termination Agreement and Release for a Lease of the Land and Improvements Located at 901 South Clark Street; Approval of a Sublease Termination Agreement and Release for the Sublease of Land and Improvements Located at 901 South Clark Street.
49. Approval of a Deed of Lease between the County Board of Arlington County Virginia and the Existing Sublessee on the Real Property and Improvements to be Acquired by the County Board Located at 901 South Clark Street, Arlington, VA, RPC # 34025003. (watch video) C.M. Recommendation: Approve the Deed of Lease (attached to the staff report) between the County Board of Arlington County Virginia and the existing Sublessee on the Real Property and Improvements to be Acquired by the County Board Located at 901 South Clark Street, Arlington, VA, RPC # 34025003. Also, authorize the county manager, or his designee, to execute on behalf of the County Board the related Deed of Lease and all related documents, subject to approval as to form by the county attorney.
FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the recommendation in the County Manager’s June 29, 2005, report relating to a Deed of Lease for 901 South Clark Street (RPC #34025003).
• ADDITIONAL ITEMS (watch video - Items Coming Out of Closed Session: part 1, part 2, part 3, part 4, part 5) FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Ferguson, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board authorizes the County Manager to execute a Letter of Intent between the County Board of Arlington County, Virginia, and Monument, concerning the negotiation of an agreement for the exchange of certain parcels of real estate and improvements identified as Real Property Code Parcel Numbers 34025001, 34025003, 34025004, 34025005, 34023001, and 34023002, and former Clark Street and median between 6th Street South and 10th Street South, in Arlington County, Virginia, to provide an increased site and improved design for the North Tract, and additional funding and expedited implementation process for planned improvements. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the Agreement of Sale between Health Club Investors, Inc., and Health Club Investors, LLC, (“Sellers”) and the County Board of Arlington County, Virginia (“Purchaser”) for the purchase of 154 square-foot portion of land located within the North Quincy Street public right-of-way between Wilson Boulevard and 5th Road North, adjacent to 3924 Wilson Boulevard (“Property”); and authorized the Director of Engineering and Capital Projects, or his designee, to execute the Agreement of Sale and all related documents necessary for the acquisition, subject to approval as to form of all documents by the County Attorney. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Ferguson, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board approved the attached Agreement of Sale between Marian Properties LLC, a Virginia Limited Liability Company, (“Seller”) and the County Board of Arlington County, Virginia (“Purchaser”) for the purchase of 21,990 square feet of land and the improvements thereon known as 3806 S. Four Mile Run Drive and 19,718 square feet of land and the improvements thereon known as 2654 South Oakland Street (jointly, the “Properties”); and authorized the Director of the Department of Environmental Services, or his designee, to execute the Agreement of Sale and all related documents necessary for the acquisition, subject to approval as to form of all documents by the County Attorney. FINAL ACTION: On motion by Mr. Zimmerman, seconded by Mr. Tejada, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board authorized the County Manager, or his designee, to execute all estoppel certificates requested by the Landlord pursuant to the Rosslyn Theater Lease (the “Lease”) between Paris Associates Limited Partnership, a Virginia limited partnership (as “Landlord”) and the County Board of Arlington County Virginia, a body corporate (as “Tenant”), dated February 5, 1997, as such lease may be amended, provided that such letters are consistent with the applicable provisions of the Lease, and are acceptable to the County Manager, and approved as to form by the County Attorney. FINAL ACTION: On motion by Mr. Tejada, seconded by Mr. Zimmerman, and carried by a vote of 5 to 0, the voting recorded as follows: Mr. Fisette – Aye, Mr. Zimmerman – Aye, Ms. Favola – Aye, Mr. Ferguson – Aye, and Mr. Tejada – Aye, the Board adopted the attached amendment to the Multicultural Advisory Commission charge.
ADJOURNED: At 9:34 p.m., the meeting was adjourned.
GENERAL INFORMATION: County Board meetings, usually conducted once a month on Saturday mornings with a corresponding recessed meeting on Tuesday evenings within a week or two of the initial regular meeting, are open to the public. For more information, or to obtain the meeting schedule, please call the County Board Office at 703-228-3130 (TTY 703-228-4611) on weekdays from 8 a.m. to 5 p.m. Both Sign Language and Spanish Language interpreters are present for the first two hours of every regular Saturday Board meeting, from 8:30 a.m. to 10:30 a.m. Persons needing interpretation services are encouraged to call the Clerk at least 3 days before the meeting at 703 228-3130 (TTY 703-228-4611), but can also see the Clerk the morning of the meeting. Interpretation services are also available for recessed meetings if requested at least one day in advance by calling the above number. All AVN 74 County cable programs are streamed live on the web. Internet viewers will have the option of seeing the webcast via a broadband or dial-up modem. A Windows Media player is necessary and a free player is available at the site. County Board meetings can be seen here and will continue to be streamed live from the County Board's web site at www.arlingtonva.us/cbo. Indexed video, allowing viewers to select only the items they are interested in viewing, is also available here. All programming is available on Channel 74 on Comcast Cable of Arlington, with repeats shown Mondays and Thursdays at 5 p.m. and Saturdays at 10:30 a.m. Carryover meetings will be repeated the following Monday at 7:00 p.m. If a live carryover meeting conflicts with any of the scheduled repeats, the tape will air immediately following the live meeting. Channel 74 schedules are provided in pamphlets available at Arlington public libraries, or by calling 703-228-3270 (TTY 703-228-4611). Up-to-date information may also be found via the internet at www.arlingtonvaus/AVN.
INFORMACION GENERAL Las reuniones de la Junta del Condado, usualmente un Sábado al mes (con una reunión prorrogada generalmente el siguiente Martes), son abiertas al público. Para mayor información o para obtener el calendario de las reuniones, por favor llame a la Oficina de la Junta del Condado (County Board Office) al 703-228-3130 (TTY 703-228-4611) de Lunes a Viernes de 8 a.m. a 5 p.m. Traductores de Español estan presentes las primeras dos horas de cada reunión regular de la Junta del Condado (de 8:30 a.m. a 10:30 a.m.). Las personas que necesiten servicio de traducción deberán de llamar por lo menos 3 días antes de la reunión al 703 228-3130 (TTY 703-228-4611) o tambien pueden hablar a primera hora del día de la reunión con la secretaria de la Junta del Condado. Los servicios de traducción tambien estan disponibles para las reuniones prorrogadas, llamando por lo menos un día antes de la reunión a los números telefónicos indicados anteriormente. Procedimientos de asamblea de la junta del condado
INSTRUCTIONS FOR SPEAKING ON AGENDA ITEMS The following are in accordance with the Meeting Procedures adopted by the County Board: A. Public Comment Period: Held at Saturday Regular Meetings at 8:30 a.m. The purpose of this category is to alert the Board of items not on that day’s agenda, already decided, or scheduled for future hearings. Submit a speaker slip to the Clerk; you have up to 2 minutes to speak; only one speaker per topic will be heard. Print a Public Comment Speaker Slip. B. Consent Agenda: Items removed on Saturday, no earlier than 9 a.m., will be heard at 6:30 p.m. on Tuesday. This will automatically remove the item from the Consent Agenda and carry it over to the following Tuesday Recessed Meeting for public testimony (no speakers will be heard on Saturday). Submit a speaker slip on Saturday, identifying all the Consent Agenda item number(s) you wish to address on one slip; at the Tuesday meeting, individuals and organizations have up to 3 minutes to speak on all matters. (Example: if you sign-up to speak on two items, you are called one time to speak a maximum of three minutes on both items.); speakers are heard in a group before the Board begins discussing the removed Consent Agenda items; additional speakers may sign-up to testify on the previously removed items at the Tuesday recessed meeting by submitting a speaker slip by 6:30 p.m. Print a Consent Agenda Speaker Slip. C. Regular Hearing: Items heard no earlier than 9 a.m. on Saturday, and no earlier than 6:45 p.m. on Tuesday. Carefully check the agenda. Matters may be scheduled for hearing at the Saturday regular meeting or the prescheduled Tuesday recessed meeting. Submit a speaker slip to the Clerk before the first speaker on your item is called; no slips will be accepted after that time; individuals may speak for a maximum of 2 or 3 minutes per agenda item; representatives of civic organizations may speak for a maximum of 2, 3, or 5 minutes. (The 5 minute slot is reserved for civic organizations.); 2 minute speakers are called first; 3 minute speakers second; and, finally, 5 minute speakers. In each category, speakers will be called in the order in which slips are received. Print a Regular Hearing Speaker Slip. Speaker slips may be downloaded in advance of the meeting. (see the above Speaker Slip links.) You can complete the web form online but you must hand it to the Clerk in the Board Room the day of the hearing. No slips are accepted in advance of the meeting. Written materials should be handed directly to the Clerk. Oral testimony should not duplicate written statements. When submitting materials, please provide 8 copies for the Board, staff, and the public record.See also: URL: http://www.arlingtonva.us/cbo E-mail: countyboard@arlington.va.us Arlington County Board 2100 Clarendon Blvd, Suite 300 Arlington, VA 22201 (703) 228-3130 |