Zoning Appeal Could Change Landscape of Waterfront Debate
If a Board of Zoning Appeals decision renders the rejection of a waterfront rezoning protest petition invalid, the issue may well head to court.
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An attorney speaking at Saturday’s City Council public hearing indicated that he intends to appeal the director of Planning and Zoning’s decision to reject a protest petition asking the city not to rezone certain land near Alexandria’s waterfront.
City Council on Saturday voted 5-2 to approve the Waterfront Small Area Plan including language in a “text amendment” allowing zoning changes near the waterfront permitting development such as hotels.
However, as of Monday late afternoon, no protest petition has been filed with the Board of Zoning Appeals, according to city officials.
The City of Alexandria allows people who own properties surrounding a property being rezoned to protest that process to the city. A group of landowners filed a petition with the city late last week, but it was rejected Saturday on the grounds that it doesn’t meet certain criteria in the city charter. This type of protest petition must directly relate to a “zoning amendment” and it did not, according to city legal staff.
The protest petition only affects language related to a text amendment of the waterfront plan and not the waterfront plan in its entirety.
Planning and Zoning Deputy Director Barbara Ross told Patch that she wrote to the lawyer, Roy Shannon, on Monday to remind him that he is now able to file the appeal during normal business hours.
She said that Shannon tried to file it on Friday “but the office was not able to accept it” because the decision whether the appeal was valid was not made until Saturday. Additionally, the office was not able to accept it on Saturday because the office was not staffed to do so and process the appropriate fees.
“There’s nothing to stop him from appealing the determination beginning Monday,” Ross said.
Deputy City Attorney Joanna Anderson said: “If we receive the appeal in this case, it will be scheduled for the BZA as soon as possible.”
The Board of Zoning Appeals meets on the second Thursday of each month.
If the BZA finds the protest petition applies to this case, then the petition must be further analyzed to determine whether it meets other criteria. If it meets those requirements, then council’s vote of 5-2 would fall short. Council would not have approved the zoning changes on Saturday because a valid petition would trigger the requirement of a City Council super majority vote, or 6-1.
The BZA’s decision can be appealed to the Circuit Court.
Andrew Macdonald
3:33 pm on Tuesday, January 24, 2012
Andrew Macdonald
2:49 pm on Tuesday, January 24, 2012
Why does it take a protest petition filed by hundred's of residents living along the river, signs in windows, hundreds upon hundreds of emails, hundreds of "public" meetings, and countless hours by citizens (who felt compelled to conduct their own waterfront study) to get the attention of the Mayor and City Council?
Why is it so hard for residents from one end of Alexandria to another have a real say in public policy decisions in this Big D enclave? Something is terribly wrong in Alexandria, and there seems to be NO end to the excuses and lengths that the party in power, and City, is willing to go to hold on to this system. This is harming and Alexandria and we must try to change the dynamics.
JohnInNova
11:10 pm on Thursday, January 3, 2013
That's why we didn't elect you!
donotpaveparadise
4:13 pm on Monday, February 11, 2013
No, that's not true. He was almost elected, in spite of a corrupt Dem machine's Tammany Hall-style vote buying at the polling stations on Nov 6 2012. Too bad he wasn't. Now, we just have several years of politics as usual to look forward to in Alexandria.
Just an Alexandrian
4:05 pm on Tuesday, January 24, 2012
As far is I could tell, the remarks at Council were 50-50 and by all accounts the citizen input to Council was also 50-50.
Why is it that Andrew MacDonald doesn't get his way - which is counter to the wishes of at least half of Alexadrians - he goes to such insane lengths to make it all about him? Why is it that he leads a group of people who are willing to cost the City so much over such a long period of time, giving nothing back in return?
Why is it so hard for Andrew MacDonald to understand that he doesn't represent Alexandria, not anymore, not after he abruptly (and still with ZERO) explanation, left his elected seat and cost the City $100,000?
I hope Andrew MacDonald is a candidate for City Council this year, so he can either be elected to represent Alexandrians or be shown how little he actually represents us. Based on the comment above, I'm guessing Mr. MacDonald will run as a Republican?
Carolyn Baker
4:52 pm on Tuesday, January 24, 2012
Andrew: I have lived in Old Town for 20 years. I live four blocks from the water and I support the City's plan. As do several of my neighbors and friends. Just because your wishes were not granted does not mean that all Alexandrians were not heard. I was heard: loud and clear. Just because you didn't get what you wanted doesn't mean that Alexandrians didn't get what they wanted. I'm delighted with the vote. You seem to think everyone: home owners, longtime residents, lovers of Old Town think exactly the way you do. We don't and please stop saying that we do.
Haunches
7:08 pm on Tuesday, January 24, 2012
A court of law will tell us who is right and who is wrong. Even granting the 50/50 split, that is hardly consensus and suggest serious flaws. It was cavalier of Council to glibly dismiss a petition of 250 landowners as if it never happened, and the CIty Attorney is . . .well, get between him and a reporter and you take your life in your hands. Unfortunate to go down this road, but it may be necessary
JohnInNova
11:13 pm on Thursday, January 3, 2013
Thank you, Carolyn! Maybe Andrew could move to DC and terrorize them for awhile!
Gina Baum
7:12 pm on Tuesday, January 24, 2012
Carolyn:
I live two blocks from the river and know many supporters of the plan too. Thanks for the point.
Mike Urena
10:44 pm on Tuesday, January 24, 2012
Where's Van Van Fleet when we need him? Wasn't it he who just a week or so ago who called out a poster for not using his real name? Haunches who are you? reveal yourself! That's just a little humor Haunches (and Van).
And how come no one is calling out Andrew for his assertion in Monday's letter that he and his supporters were maligned (or is it victimized) by misleading rhetoric at Saturday's hearing. One of the Vice President's of his organization (how many VP's do you need?) called civil servants "trained seals" while another warned of "conspiracy." Sadly some of these VP's are former senior officials in the federal government.
Katy Cannady
9:32 am on Wednesday, January 25, 2012
In every discussion of these waterfront issues, the supporters of the waterfront plan quickly change the subject to "Andrew MacDonald is bad man" and everyone in Citizens for an Alternative Alexandria Waterfront Plan is rude, unworthy, generally not nice, and probably guilty of terrible things they will not admit to. It suggests an unfamiliarity with zoning issues. By the way, the only person I heard shouting on Saturday (and I stayed all day) was the city attorney. I also saw a lot of him at work group meetings. He appears unable to speak except in loud and angry tones.
perennialskeptic
4:33 pm on Friday, January 27, 2012
Your memory, not surprisingly, is very selective. Take a look at the video from 3:30:00 through 3:34:30, if you want to see the most extreme example of rudeness and shouting, not to mention foul and threatening language and incredible hyperbole from the entire day of public "discourse": "genocide?" "road kill?". Several clear examples of slander herein.
JohnInNova
11:17 pm on Thursday, January 3, 2013
You often get things confused.
Gina Baum
9:43 am on Wednesday, January 25, 2012
Shouting really? I was there all day and the only shouting I heard was "bullshit" coming from the back of the room. I know who the offender was...but won't call him out. Mr banks is assertive... I found everything he said very helpful. He is a great public servant and we are lucky to have such a high quality individual in that position.
Doug
1:43 pm on Thursday, January 26, 2012
Bring this to a vote at the polls this fall. Let us all get a chance to check the box as to whether or not we were for or against this.
JohnInNova
4:39 pm on Monday, February 11, 2013
Let's please move foreward!