ARLINGTON COUNTY, VIRGINIA
January 24, 2009  

8:30 A.M. Public Comment

No earlier than 9:00 A.M. Consent Agenda and Regular Hearing

 







 
* PUBLIC COMMENT













 
* CONSENT ITEMS (Items 1-31) Citizens interested in removing an item from the Consent Agenda must submit a speaker slip to the Clerk at the Saturday, January 24, 2009, meeting before 9 a.m.  Public testimony on removed items will occur at the Recessed Meeting on Tuesday, January 27, 2009, at 6:30 p.m. (no testimony taken on Saturday).







 
Site Plans/Amendments/Reviews



1. SP #89 Site Plan Amendment (Carry-Over):  1101 Wilson Owner, LLC, rooftop sign; 1101 Wilson Blvd. (RPC #16-039-002).



C.M. Recommendation:    Defer the Site Plan Amendment request for a rooftop sign for BAE Systems, Inc. at 1101 Wilson Blvd., to the March 14, 2009, County Board meeting.



Board Report #1



2. SP #140 Site Plan Review:  Virginia Hospital Center, child care facility for 123 children; 601 S. Carlin Springs Road (RPC #21-028-097).



C.M. Recommendation:    Renew, subject to all previously approved conditions, and with a County Board review in three (3) years (January 2012).



Board Report #2



3. SP #255 Site Plan Review:  live entertainment and dancing; 4001 Fairfax Drive (Tara Temple, RPC #14-029-014).



C.M. Recommendation:    Renew, subject to all previous conditions and amended condition #1 and new conditions #5-7, with a County Board review in six (6) months (July 2009).



Board Report #3



4. SP #263 Site Plan Amendment:  Fuad G. Farah, live entertainment and dancing; 2317, 2305, 2311, 2313, 2319 Wilson Blvd., 1515, 1519 N. Adams St., 1528, 1532, 1536 N. Vetch St., 2305, 2306, 2310, 2315, 2319 N. Custis Road (RPC #15-059-001, -002, -003, -004, -005).



C.M. Recommendation:    Approve the site plan amendment for restaurant live entertainment, subject to seven (7) new conditions specific to the restaurant live entertainment use, with a County Board review in one (1) year (January 2010).



Board Report #4



5. SP #307 Site Plan Amendment:  MR Boundary Channel LLC, amend condition #1 to extend site plan term; 333, 355 Old Jefferson Davis Highway (RPC #34-023-001, -002).



C.M. Recommendation:    Extend the term of the site plan approval for three (3) months year from February 28, 2009 to May 31, 2009, subject to previous conditions and amended Condition #1.



Board Report #5



6. SP #391 Site Plan Amendment:  Easton Partners 1, LP, amend condition #24 to extend timing of sanitary sewer improvements; 6808, 6814, 6820, 6830, 6840 N. Fairfax Drive, 2011, 2025, 2101 N. Westmoreland St., N. 19th Road (RPC #11-012-009).



C.M. Recommendation:    Approve the site plan amendment request subject to the revised development condition #24 and to all previously approved conditions (#1 through #82).



Board Report #6



 
Use Permits Request/Reviews/Amendments



7. U-1146-54-2 Use Permit Amendment:  Arlington Forest Club, Inc., club house addition to existing pool bath house, parking reduction; 411 N. Jefferson St. (RPC #13-043-018, -019, -050).



C.M. Recommendation:    Defer consideration of the use permit amendment request to the May 16, 2009, County Board meeting.



Board Report #7



8. U-2479-85-5 Application of School of Children for special exception use permit amendment for child care center in RA7-16 zoning district under Section14.E, 5.A.6a(1).  Property is approximately 77,138 square feet, located at 2706 24th Road S. and is identified as RPC: 31-034-023.



C.M. Recommendation:    Approve the use permit amendment, subject to all previous conditions, with an administrative review in one (1) year (January 2010) and a County Board review in three (3) years (January 2012).



Board Report #8



9. U-2914-97-5 Use Permit Review (Carry-Over):  elementary school; 5700 Lee Highway (Rivendell School, RPC 10-002-001, -007).



C.M. Recommendation:   Renew, subject to all previous conditions, two (2) new conditions, and a County Board review in five (5) years (January 2014).



Board Report #9



Board Report #9-Attachment



10. U-3018-01-1 Use Permit Review:  live entertainment and dancing; 3249 Columbia Pike (Sports House Grill, RPC #25-012-001).



C.M. Recommendation:    Renew, subject to all previous conditions, one (1) revised condition, and one (1) new condition, with an administrative review in three (3) months (April 2009) and a County Board review in six (6) months (July 2009).



Board Report #10



11. U-3019-01-1 Use Permit Review:  Potomac Crescent Waldorf School (formerly know as The Waldorf School Initiative), addition of 8-student third grade classroom to existing school; 935 S. 23rd St. (RPC #36-032-001).



C.M. Recommendation:    Renew the subject use permit, subject to all previously approved conditions and one (1) revised condition, with an administrative review in one (1) year (January 2010), and a County Board review in three (3) years (January 2012).



Board Report #11



12. U-3032-02-1 Use Permit Review:  live entertainment and dancing; 3111 Columbia Pike (RPC #25-012-044).



C.M. Recommendation:    Renew, subject to all previous conditions and amended Condition #1 with an administrative review in two (2) years, and a County Board review in five (5) years (January 2014).



Board Report #12



13. U-3145-05-1 Use Permit Review:  tire shop; 4060 Lee Highway. (Kline Imports Arlington, RPC#06-018-002).



C.M. Recommendation:    Defer consideration of the use permit review by the County Board for two (2) months (March 14, 2009).



Board Report #13



14. U-3171-07-4 Application of Kendra Slatt for an amendment to special exception use permit for expansion of capacity and enrollment for existing dance studio in the C-1 zoning district under Section 19.  Property would expand to total of approximately 2500 square feet; is located at Lee Harrison shopping center, suites 1LL and 5LL, legally described as 2425, 2433, 2435, 2499, 2503, & 2509 N. Harrison St., and identified as RPC #02-073-084.



C.M. Recommendation:    Approve the use permit application, subject to one (1) new condition, four (4) amended conditions and all previously approved conditions and with an administrative review in four (4) months (May 2009) and a County Board review in one (1) year (January 2010).



Board Report #14



15. U-3174-07-1 Use Permit Review:  childcare for 9 children; 873 N. Patrick Henry Drive (Sellapperumage Roshanie Fernando, RPC #12-018-010).



C.M. Recommendation:    Renew the subject use permit, subject to all previously approved conditions, with a County Board review in two (2) years (January 2011).



Board Report #15



16. U-3183-07-1 Use Permit Review:  Joan M. Daley, daycare for 9 children; 1944 N. Edison St. (RPC #08-019-019).



C.M. Recommendation:    Discontinue the subject use permit for the family daycare home at 1944 North Edison Street.



Board Report #16



17. U-3190-07-2 Use Permit Review:  Northern Virginia Family Service, Inc., early head start program for 228 children; 1801 N. George Mason Drive (RPC #09-016-052).



C.M. Recommendation:    Renew, subject to the conditions of the staff report with a review by the County Board in three (3) years (January 2012).



Board Report #17



18. U-3191-07-1 Use Permit Review:  Borromeo Housing, Inc., group home for women and their children; 4624 S. 9th St. (RPC #23-037-017).



C.M. Recommendation:    Renew the subject use permit for a dormitory use, subject to all previous conditions, with an administrative review in three (3) months (April 2009), and a County Board review in three (3) years (January 2012).



Board Report #18



19. U-3208-08-1 (Carry-Over) Application of Shaun Bisset for special exception use permit for family daycare for 9 children in the R-6 zoning district under Section 9.A.1 and 5.A.6.a.(1).  Property is approximately 7000 square feet, located at 3110 S. 19th Street, legally described as Fairview Lots 151 & 152, identified as RPC: 31-009-024.



C.M. Recommendation:    Approve the use permit for a family day care home for nine (9) children, subject to the conditions of the staff report, and with a County Board review in one (1) year (January 2010).



Board Report #19



 
Vacations, Easements, Rights of Way, Encroachments & Leases



20. Approval of the deed of lease between Art Property Associates, LLC, as landlord, and The County Board of Arlington County, Virginia, as tenant, for 11,132 square feet of space in a portion of a building located at 1501 Wilson Boulevard, Arlington, Virginia (RPC # 16033001).



C.M. Recommendation:   Approve the Deed of Lease (attached to the staff report) between Art Property Associates, LLC, as Landlord, and The County Board of Arlington County, Virginia, as Tenant, for 11,132 square feet of space in a portion of a building located at 1501 Wilson Boulevard, Arlington, Virginia (RPC # 16033001).  And, authorize the Real Estate Bureau Chief to execute, on behalf of the County Board of Arlington County, Virginia, the Deed of Lease and all related documents, including, without limitation, any Memorandum of Lease, Memorandum of Lease Termination, and all documents, present or future, concerning subordination, non-disturbance, attornment, and estoppels, all subject to approval as to form by the County Attorney.



Board Report #20



21. Approval of the first amended deed of lease between International Place Property, LLC, as landlord, and the County Board of Arlington County, Virginia, as tenant, for 5,136 square feet of space in a portion of a building located at 1735 N. Lynn Street, Arlington, Virginia (RPC No. 16039018).



Board Report #21



C.M. Recommendation:      Approve the First Amended Deed of Lease (attached to the staff report) between International Place Property, LLC, as Landlord, and the County Board of Arlington County, Virginia, as Tenant, for 5,136 Square feet of space in a portion of a building located at 1735 N. Lynn Street, Arlington, Virginia (RPC No. 16039018).  In addition, authorize the Real Estate Bureau Chief, to execute, on behalf of the County Board of Arlington County, Virginia, the First Amended Deed of Lease and all related documents, without limitation, all documents, present or future, concerning subordination, non-disturbance, attornment, and estoppels, all subject to approval as to form by the County Attorney.



 
Ordinances, Plans and Policies



22. Zoning Ordinance amendment to Section 2. General Regulations and Section 35. Nonconforming Buildings and Uses to allow, upon the acquisition of portion of lot by County for public purpose, and findings by the Board that the acquisition is in the public interest and that conditions created will not be detrimental to adjacent property and will not change the character of the zoning district, creation of condition(s) that are not compliant with requirements of Zoning Ordinance to be treated as a nonconforming building or use, pursuant to the nonconforming buildings and uses provisions of the Zoning Ordinance.



C.M. Recommendation:    Adopt the ordinance (attached to the staff report) to amend, reenact and recodify Section 2 General Provisions and Section 35 Nonconforming Buildings and Uses of the Arlington County Zoning Ordinance to allow, upon the acquisition of a portion of a lot by the County for a public purpose, the creation of a condition(s) that is not compliant with requirements of the Zoning Ordinance to be treated as a nonconforming building or use, pursuant to the nonconforming use provisions of the Zoning Ordinance.



Board Report #22



23. An ordinance to amend, reenact, and recodify Chapter 14.2 (Motor Vehicles And Traffic) of the Arlington County Code to amend §14.2-95 (Collection of fines for parking violations and contest of citations) by amending subsection (d), relating to who may abrogate parking citations.



C.M. Recommendation:    Adopt the Ordinance attached as Exhibit A (to the staff report) to amend, reenact and recodify the Arlington County Code, §14.2-95, by adding thereto a new subsection (d) specifying who may abrogate parking citations.



Board Report #23



 
Capital Projects



24. Approve an award of contract for the construction of Parkhurst Park located at 5820 20th Road N., Invitation to Bid Number 441-08.



C.M. Recommendation:    Approve the award of contract Number 441-08 in the amount of $512,732 to Triple J Construction and approve an allocation of $51,273.20 as a contingency for change orders for a total contract authorization of $564,005.20.  In addition, authorize the Purchasing Agent to execute the contract documents and all other documents to implement the above actions, subject to review of such documents by the County Attorney.



Board Report #24



Board Report #24-Attachment 1



Board Report #24-Attachment 2



25. Approve an award of a contract for provision of land surveying services for various park and recreation projects in Arlington County for up to a Three Year Period, as per Request for Proposals 171-08.



C.M. Recommendation:    Approve the award of contract No. 171-08 to Rice Associates, Inc. regarding land surveying services for various park and recreation projects in Arlington County for up to a three year period in an amount not to exceed $1,000,000.00 per year.  In addition, authorize the Purchasing Agent to execute the contract documents, subject to review by the County Attorney.



Board Report #25



26. Approve an award of a contract for professional engineering services for various parks & recreation facilities including tennis and basketball court projects, as per RFP 340-08.  .



C.M. Recommendation:    Approve the award of contract No. 340-08 to William H. Gordon Associates, Inc. regarding professional engineering services for various parks and recreation facilities, including tennis and basketball court projects for up to a three year period in an amount not to exceed $1,000,000.00 per year.  In addition, authorize the Purchasing Agent to execute the contract documents, subject to review by the County Attorney.



Board Report #26



 
Appropriations, Grant Applications & Other Contracts



27. Allocation of Fiscal Year 2009 Park Enhancement Grant Program awards.



C.M. Recommendation:    Approve an allocation of $69,655 from previously appropriated County Park Enhancement Grant Program funds for eight projects as recommended by the Park and Recreation Commission.



Board Report #27-Revised



28. National Children’s Alliance Program Support Grant



C.M. Recommendation:    Accept a Program Support Grant from the National Children’s Alliance and appropriate $10,000 in Fiscal Year 2009 to the Department of Human Services.



Board Report #28



 
Requests to Advertise



29. Request to advertise SP #105 Pentagon City Phased Development Site Plan Amendment. "On the County Board’s Own Motion" public hearings on a proposed amendment to the Pentagon City Phased Development Site Plan (PDSP) to allocate 100,000 square feet of retail density to Parcel 3, known as the Metropolitan Park development, which is the block bounded by South Fern Street, 15th Street South, South Eads Street, and future 12th Street South.  (RCP #35-003-001, -002, -003, 004, -005, -006, -007, -008, -009, -010, -011, -015, -016,  -017, -018, -019, -020, -021).



C.M. Recommendation:    Authorize the advertisement of public hearings for a Pentagon City PDSP Amendment to permit up to 100,000 square feet of ground floor retail density on Parcel 3, known as the Metropolitan Park residential development, concurrent with future public hearings by the Planning Commission and County Board for the Phase 3 Metropolitan Park final site plan.



Board Report #29



 
Other



30. Amendments to Schools appropriations for FY 2009 based on closeout of Fiscal Year 2008.



C.M. Recommendation:    Approve the revised appropriations for various School funds in FY 2009 to reflect the approved School Board resolutions in the FY 2008 Final Fiscal Status Report and appropriate $17,012,353 from the FY 2008 fund balance to Non-departmental to increase the transfer to the Schools as follows: Schools Operating Fund, 9,245,758; Capital Projects Fund, $6,966,595; and Cafeteria Fund, $800,000.



Board Report #30



31. Minutes.



 
Additional Items



32. Presentation of the Diversity Dialogue report to the County Board.



























C.M. Recommendation:    Accept the report of the Diversity Dialogue Task Force and direct the County Manager to review the Task Force recommendations and recommend implementing actions.



33. Declaration of a local emergency for the 2009 Presidential Inauguration pursuant to the Code of Virginia § 44-146.21.



Board Report #33



Board Report #33-Attachment A



Board Report #33-Attachment B











C.M. Recommendation:    Consent to the County Manager’s Declaration of a Local Emergency for the period January 17, 2009 through midnight on January 21, 2009.





Approval of an Agreement of Sale for Acquisition of the Real Property and Improvements known as 2400 S. Kenmore Street, Arlington, Virginia (RPC#31026012)







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 at the Channel 74 web page www.arlingtonva.us/chan74. 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 at the County Board web page at www.arlingtonva.us/cbo. 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 on www.Co.Arlington.va.us/74.
 
 
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.
 
INSTRUCTIONS FOR SPEAKING ON AGENDA ITEMS
 
 
The following are in accordance with the Meeting Procedures adopted by the County Board:
 
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.
 
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.
 
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.
 
Speaker slips may be downloaded in advance of the meeting. Visit the County Board homepage at www.arlingtonva.us and under “Local Government” under Topics, click “County Board Meetings”. 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.
 
For a full copy of the adopted Meeting Procedures, visit the above website or contact the Clerk's Office at 703-228-3130 (703-228-4611 TTY).