ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 18, 2004 DATE: August 19, 2004 SUBJECTS: A. GP GENERAL LAND USE PLAN AMENDMENT from Service Commercial (Personal and business services. Generally one to four stories. Maximum 1.5 FAR) to Low-Medium Residential (16-36 units per acre) for the area generally located at the southwestern corner of Lee Highway and North Illinois Street. Applicant: Tuckahoe Apartments, L.L.C. County Manager: County Attorney: B. Z REZONING from C-1 Local Commercial Districts to RA8-18 Apartment Dwelling Districts; for a portion of the premises known as 5510 Lee Highway (RPC # ). By: William B. Lawson, Jr. Lawson & Frank 6045 Wilson Boulevard, Suite 100 Arlington, Virginia C.M. RECOMMENDATION: A. Deny the subject General Land Use Plan amendment request. B. Deny the subject rezoning request. ISSUE: Should the General Land Use Plan and zoning designation of the subject property be changed to accommodate a by-right development that would significantly increase the residential development capacity of the subject site? SUMMARY: The proposed General Land Use Plan amendment from Service Commercial to Low-Medium Residential and rezoning request from C-1 to RA8-18 for the by-right development of a 13-unit apartment building would significantly increase the residential development capacity of the subject property without sufficient assurances of community benefit Staff: James Brown, DCPHD, Planning Division Tunji Akiwowo, DCPHD, Housing Division

2 or improvement and would limit the opportunity for future commercial development consistent with existing planning and zoning. The development is not consistent with the Leeway Neighborhood Conservation Plan and the neighboring community has indicated strong opposition to the proposal. Therefore, it is recommended that the General Land Use Plan amendment and rezoning requests be denied. BACKGROUND: The applicant is proposing development of a 3-story, by-right 13-unit residential apartment building on vacant land. Site: The subject property is located at the southwest corner of Lee Highway and North Illinois Street, one block west of the Lee-Harrison intersection. The front portion of the subject property is proposed to remain as an automobile service station. The rear portion of the site is proposed for redevelopment. To the north: Across Lee Highway is a shopping area featuring a Safeway grocery store. This area is designated as Service Commercial on the General Land Use Plan and zoned C-1 Local Commercial Districts. To the west: Immediately adjacent to the site are the Tuckahoe Apartments. This 11 unit residential building is owned by the applicant. Just west of the Tuckahoe apartments are the Fountain Court Condominiums. The Fountain Court Condominiums and the Tuckahoe Apartments are designated Low-Medium Residential on the General Land Use Plan and zoned RA8-18 Apartment Dwelling Districts. To the east: To the south: Across N. Illinois Street is a small strip-commercial development containing a video rental store, pharmacy and auto parts retailer. This area is designated as Service Commercial on the General Land Use Plan and zoned C-1 Local Commercial Districts. Adjacent to the site is an area of single family homes. This area is designated Low Residential (1-10 units per acre) on the General Land Use Plan and zoned R-6 One-Family Dwelling Districts. Zoning: The site is zoned a combination of C-1 Local Commercial Districts (30,828 SF) and RA8-18 Apartment Dwelling Districts (4,831 SF). Land Use: The entire site is designated as Service Commercial on the General Land Use Plan. Service Commercial districts are intended for personal and business services at a maximum of 1.5 FAR. Neighborhood: The site is located in the Leeway-Overlee Civic Association and across Lee Highway from the Yorktown Civic Association. GP & Z

3 Proposed General Land Use Plan Amendment: In order to accommodate the proposed residential development, the applicant is requesting a change from Service Commercial to Low-Medium Residential. The requested General Land Use Plan designation calls for residential development at units per acre. GLUP Designation Density/Typical Use Maximum Development Existing Service Commercial Personal and business services. Maximum 1.5 FAR C-2 : 22,639 SF Commercial C-O-1.0 : 13 units residential or 20 units hotel Requested Low-Medium Residential units per acre RA8-18 : 12 units The above chart addresses the proposed project site of 15,093 SF. Proposed Rezoning: The applicant proposes to rezone a portion of the subject property from C-1 to RA8-18. This rezoning request is consistent with the requested General Land Use Plan amendment but is not consistent with the existing General Land Use Plan designation on the property. The table below compares the existing development potential with the proposed development for the proposed project site. Zoning Density Allowed Maximum Development Existing C-1 : 10,262 SF RA8-18 : 4,831 SF 1.0 FAR; 7 units per acre 36 units per acre 10,262 SF or 1 unit 4 units* Requested RA8-18 : 15, units per acre 12 units *This figure is based on a simple density calculation (units per acre allowed multiplied by site area). This calculation does not account for site or other limitations, such as setbacks, that may reduce the actual number of units achievable on the site. Density and Uses: The proposed by-right project would contain only residential uses at approximately 36 units per acre. Thirteen new units would be constructed on the proposed site. The adjacent property at 5520 Lee Hwy. (Tuckahoe Apartments) contains 11 existing units. The applicant has proposed dedicating 6 units within the existing building as affordable dwelling units per County guidelines. These units are currently market rate affordable and would not be renovated as part of the project. Site and Design: Vehicular access to the property would utilize an existing curb-cut and drive along Lee Highway that currently serves the existing Tuckahoe Apartments at 5520 Lee Highway The proposed new building would share a combined parking area with the existing apartment building. The longest dimension of the building would run parallel to the rear property line and be setback 20 feet from the adjacent R-6 lot to the south and 14 feet from the proposed new zoning line to the north. The façade on North Illinois Street is setback 50 feet from the centerline. The proposed structure is a 3-story apartment building with a combination brick and siding finish on the exterior. GP & Z

4 Adopted Plans and Policies: The General Land Use Plan guides development in the area. Furthermore, the neighborhood has an accepted conservation plan, the Leeway Neighborhood Conservation Plan (1993) General Land Use Plan: The General Land Use Plan adopted in 1961 designated this site as General Business. This category was changed to Service Commercial between 1966 and 1975, and the site retains that designation. Leeway Neighborhood Conservation Plan: The Conservation Plan was accepted by the County Board on March 10, While the plan makes no specific recommendation for the subject site, recommendation #9 within Chapter 3, Land Use and Zoning, states: For preservation of the Leeway neighborhood, it is essential that the County adhere to the General Land Use Plan and to the current zoning districts when considering any future requests for development in the area. DISCUSSION: The subject property is currently zoned a combination of C-1 (30,828 SF) and RA 8-18 (4,831 SF). Approximately two-thirds of the C-1 area is occupied by an automobile service station. The remaining portion of the site (10,282 SF of C-1 and 4,831 SF of RA8-18 ) is currently vacant land. The applicant is proposing the development of a 13-unit apartment building on the vacant portion of the property. To implement this proposal, the applicant is requesting that 10,282 SF of the vacant C-1 land be rezoned to RA 8-18 in order to accommodate the construction of the (by-right) 13-unit residential apartment building. The RA8-18 district is not compatible with the existing General Land Use Plan designation. In order to accommodate the requested rezoning, the applicant has requested that the General Land Use Plan for the vacant portion of the site be changed from the existing Service Commercial to Low-Medium Residential. The proposed project would eliminate existing commercially planned and zoned land. The area of land planned and zoned for commercial development would decrease from 30,828 SF to 20,566 SF. This reduction in area may limit the commercial redevelopment potential of the property, thus creating a situation where the area planned for service commercial uses would no longer support viable commercial development. Furthermore, the proposed project would represent a significant increase in the residential density allowed on the site compared to the current zoning. The applicant has proposed dedicating a number of existing residential units as affordable dwelling units in exchange for the subject General Land Use Plan amendment and rezoning request. However, absent a possible site plan agreement, it would be difficult for the County to be assured of this commitment. Moreover, it isn t clear that such a commitment would require the developer to give the County anything because these units are currently affordable to persons at 60 percent of median income, even at their market rates, and no renovation or rehabilitation is planned as part of this project. Furthermore, no other compelling planning reason exists for the proposed changes. The proposed changes would represent a significant change in the use and density of the parcel with no planning support and little guarantee of any off-setting community benefit for the land use GP & Z

5 change and density increase. The Leeway Overlee Civic Association has voted against the project. There has been vocal opposition by a substantial number of nearby residents to the requested change and proposed development. Use and Density: The proposed project is incompatible with existing zoning and planning. The proposed project is for a 3-story residential apartment building containing 13 units for a density of approximately 37 units per acre. Under the existing zoning (predominantly C-1 with a small portion of RA8-18 ), the site could be developed with approximately 10,000 square feet of commercial development. Alternatively, the applicant may be able to construct two singlefamily homes under the existing zoning. The proposed residential density represents a significant increase over what is currently allowed (13 units proposed versus two units allowed by-right). Affordable Housing: The applicant has discussed the possibility of committing six out of 11 existing apartments (located adjacent to the site at 5520 Lee Highway) or 25 percent of total units as affordable dwelling units (CAF) for a period of 30 years. The value of the Affordable Housing Contribution is $64,384, calculated based on the Interim Guidelines. This amount is less than the value of providing affordable units in the (new construction) project for 30 years. The unit mix proposed includes 3 one-bedroom and 3 two-bedroom units affordable to households earning up to 60 percent of area median family income (MFI). Current rents for the existing units are $900 and $1,050 for one- and two-bedroom units respectively. This proposal would commit these units and rent levels for the long term and would meet Goal #6 of Arlington s Goals and Targets for Affordable Housing Distribute committed affordable housing within the County, neighborhoods, and projects. In December 2003, the County Board approved a target for increasing the geographical distribution of affordable housing by adding 25 percent of new CAF units to Neighborhood Service Areas A, B and C. The County does not often have an opportunity to add CAF units in the neighborhood where the Tuckahoe Apartments are located (Service Area A), in part because of the limited supply of apartment units in that area. However, the applicant has not provided a mechanism that would give adequate assurance to the County of this commitment. Staff contends that the proper mechanism for committing affordable units would be through a site plan. If a site plan were submitted (perhaps under C-O-1.0 ) the public process could be used to determine if the proposed affordable housing commitment would provide adequate community benefit to offset the land use and density changes requested. The site plan process would also provide a better mechanism to consider the planning issues related to the project as well as providing the community a chance to evaluate the impacts of the proposed development on adjacent properties and to identify potential conditions to offset these impacts. The Housing Commission voted unanimously (8-0) at its May 20, 2004 meeting to support the affordable housing component of the proposal primarily because it presents an opportunity to meet the County target of adding CAF units in this area of North Arlington. However, the Housing Commission was not apprised of any of the land-use and zoning issues associated with the proposal and did not support the proposal in any other way. GP & Z

6 Community Input: At a meeting on December 10, 2003, the applicant presented a version of the project to neighborhood residents. As a follow-up to that meeting, the six nearest neighbors drafted and signed a letter to the applicant (Attachment C) dated April 19, This letter expressed their concerns relative to the proposal. The letter expressed reservations about the project and recommended specific changes in the design, if the project were to be approved. In a letter (Attachment D) to staff and the Planning Commission dated July 15, eight residents (including the six above) near the proposed site expressed their opposition to the project. Their objection to the proposed project is based on four main issues: General Land Use Plan (GLUP) inconsistency. Traffic and parking impacts. Alteration of the character of the neighborhood and a decrease in privacy and security and an increase in noise. Environmental Matters related to existing drainage problems and the loss of trees. The letter closes by addressing the applicant s proposal to provide affordable units in the existing building. The letter states that while affordable housing is a laudable goal, it has not been demonstrated that this benefit would offset the negative impacts of the proposed project. In addition to the above mentioned letters, a petition (Attachment E) was circulated within the nearby neighborhood for signatures. The petition identified the same issues as the July 15 letter and was signed by more than fifty (50) neighborhood residents. In order to have the project discussed in a public forum, the applicant agreed to present the proposal at a meeting of the Site Plan Review Committee (SPRC). This meeting was held on July 27. Approximately a dozen nearby residents attended the meeting and they reiterated the concerns expressed in the July 15 letter and in the circulated petition. Specifically, they discussed the anticipated negative impacts relative to traffic, parking and environmental issues. Those neighbors that live adjacent to the proposed site also expressed concerns about noise and privacy issues. CONCLUSION: Staff recommends that the subject General Land Use Plan request and rezoning request be denied. The staff recommendation is supported by the General Land Use Plan. The proposed project would represent a significant deviation from these policy guides in ways that are inconsistent with the vision for the area and no compelling reason has been provided for this change. Furthermore, there are indications that the project could have a significantly detrimental impact as indicated by the community opposition and the analysis above. GP & Z

7 PREVIOUS COUNTY BOARD ACTIONS: November 10, 1956 December 6, 1958 February 3, 1959 February 14, 1959 August 12, 1961 Approved a use permit U to permit an automobile service station. Approved advertisement of rezoning Z for February 3, This rezoning covered multiple properties and was the result of the Lee Highway Commercial District Study. The rear portion of 5510 Lee Highway was included as part of this rezoning. Deferred consideration of rezoning Z to February 14, Approved rezoning Z , which included rezoning the rear portion of 5510 Lee Highway from C-1 to RA8-18. The Arlington County General Land Use Plan is adopted and the site is designated General Business The land use designation General Business is changed to Service Commercial. April 24, 2004 June 12, 2004 July 10, 2004 Approved advertisement of a General Land Use Plan amendment from Service Commercial to Low-Medium Residential for June 12, Deferred consideration of rezoning Z from C-1 Local Commercial Districts to RA8-18 Apartment Dwelling Districts and General Land Use Plan amendment GP from Service Commercial to Low-Medium Residential to July 10, Deferred consideration of rezoning Z (from C-1 Local Commercial Districts to RA8-18 Apartment Dwelling Districts) and General Land Use Plan amendment GP (from Service Commercial to Low-Medium Residential) to September 18, GP & Z

8 GP & Z ATTACHMENT A

9 GP & Z ATTACHMENT B

10 GP & Z ATTACHMENT C

11 GP & Z ATTACHMENT D

12 GP & Z ATTACHMENT E