ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of November 17, 2018 DATE: November 7, 2018 SUBJECT: U-3501-17-4 USE PERMIT REVIEW for an Open-Air Market (Arlington Mill Farmer's Market); located at 909 S Dinwiddie St. (Arlington Mill Community Center) (RPC #22-001-725). Applicant: Amy McWilliams, Associate Director Columbia Pike Revitalization Organization (CPRO) 2611 Columbia Pike Arlington, VA 22204 C.M. RECOMMENDATION: Renew the use permit, subject to the previously approved conditions, and with a County Board review in three (3) years (November 2021). ISSUES: This is a one (1) year use permit review for an open-air market (Arlington Mill Farmer s Market) located on the outdoor plaza at Arlington Mill Community Center, and no issues have been identified as of the date of this report. SUMMARY: The was approved by the County Board in November 2017. The farmer s market operates on Saturdays, 9 a.m. to 1 p.m., in the outdoor plaza of the Arlington Mill Community Center with up to 15 vendors. There were no issues identified during the review of this use permit. BACKGROUND: The following provides additional information about the site and location: Address / RPC: 909 S Dinwiddie Street (RPC #22-001-725) Neighborhood: Zoning: Arlington Mill S-3A County Manager: ##### County Attorney: ***** 11. Staff: Cedric Southerland, DCPHD, Planning Division
GLUP: Public Existing Land Use: The site is a county-owned community center (Arlington Mill Community Center). Figure 1. Aerial View Arlington Mill Farmers Market 909 S Dinwiddie St DISCUSSION: The following details the approved use and provides staff assessment of the use during the review period. RENEWED USE: Open-Air Market: Up to 15 vendors. Hours of Operation: Saturday 9:00 a.m. to 1:00 p.m. ASSESSMENT: Zoning Enforcement: No issues identified at the time of this report. Code Enforcement: No issues identified at the time of this report. U-3501-17-4-2-
Fire Marshal s Office: Police Department: Planning: No issues identified at the time of this report. No issues identified at the time of this report. County agencies have not identified any issues with the operation of the of the open-air market. The renewal of the open-air market is not anticipated to adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use; be detrimental to the public welfare or injurious to property or improvements in the neighborhood; or be in conflict with the purposes of the master plans of the county. Therefore, staff recommends the County Board renew the subject use permit. PUBLIC ENGAGEMENT: Level of Engagement: Communicate. This level of engagement is appropriate because staff does not expect the implementation and operation of the proposed use to adversely impact the neighborhood. Outreach Methods: Public notice was given in accordance with the Code of Virginia 15.2-2204. Notices of the County Board hearing on the use permit were placed in the October 23, 2018 and October 30, 2018 issues of the Washington Times for the November 17, 2018 County Board Meeting. In addition to the above legal requirements: Individual letters outlining the project description and public hearing details were mailed to surrounding property owners of the subject property. Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing. The adjacent civic associations; Barcroft School and Civic League, and Douglas Park were informed of the application via email communication. The subject property is located within the Arlington Mill Civic Association. Community Feedback: Arlington Mill Civic Association (AMCA): The Arlington Mill Civic Association supports the renewal of the use permit. U-3501-17-4-3 -
Barcroft School and Civic League (BSCL): The Barcroft School and Civic League supports renewal of the use permit. Douglas Park Civic Association (DPCA): The Douglas Park Civic Association supports the renewal of the use permit. CONCLUSION: The open-air/farmer s market has not adversely impacted residents, adjacent properties or businesses and provides a desired community amenity. Therefore, staff recommends renewal of the use permit, subject to the previously approved conditions and with a County Board review in three (3) years (November 2021). U-3501-17-4-4 -
PREVIOUS COUNTY BOARD ACTIONS: May 1942 August 1961 April 1975 April 13, 1996 June 4, 1996 November 16, 1996 C-1 zoning as shown in Zoning Map book. Designated Neighborhood Shopping on the General Land Use Plan. Designated Service Commercial on the General Land Use Plan Ratified the offer to acquire property located at 4975 Columbia Pike Ratified the Agreement of Sale with Safeway, Inc. for the purchase of property located at 4975 Columbia Pike and reallocated funds for acquisition Found that the location, character and extent of a proposed community center which will provide school, recreation, and other community services at 4975 Columbia Pike, (formerly a Safeway grocery store) is substantially in accord with the Comprehensive Plan for Arlington County. U-3501-17-4-5 - Approved General Land Use Amendment GP-255-96-1 from Service Commercial (Personal and business services; and Low-Medium Residential (16 to 36 units per acre) to Public (Parks [local, regional and federal]); Schools [public]; Parkways, major unpaved rights-of-way; Libraries and cultural facilities) at 4975 Columbia Pike. Adopted an ordinance for a rezoning approval for a reclassification from zoning district C-1 Local Commercial District, to zoning district S-3A Special District. Approved use permit (U-2897-96-1) for an adult education program (high school) and a by-right Department of Parks, Recreation and Community Resources facility, subject to conditions with a review in two (2) years, with the use permit subject to conditions and with a review in one (1) year. (December 2007)
December 15, 2007 Continued use permit amendment (U-2897-96-1) to permit three 3 programs for children: a preschool program for 15 children, an after-school program for 45 children and a cooperative parent play group subject to conditions and with a review in three (3) years, or until redevelopment of the site occurs. (December 2010). General Land Use Plan amended to redraw the Columbia Pike Special Revitalization District boundary to include the northern portion of the Countyowned Arlington Mill Community Center property Columbia Pike Form Based Code amendment to redraw the Columbia Pike Revitalization District boundary to include the northern portion of the County-owned Arlington Mill Community Center property; and 2) Designate a portion of the Dinwiddie Street frontage that is 250 from the centerline of Columbia Pike to the north along the east side of South Dinwiddie Street and within the Revitalization District as an Avenue Site January 29, 2008 Columbia Pike Form Based Code amendment to modify the distance between the Dinwiddie Street Required Building Lines from 91 to a dimension of 80 south of 9 th Street and 65 north of 9 th Street. Resolution to endorse Arlington Mill Community Center Concept Plan for development by Special Exception Use Permit under the Columbia Pike Form Based Code. Approved an affordable housing program and financial plan. Approved an option to ground lease between the County Board and Public Private Alliances, LLC. April 19, 2008 Authorized advertisement of amendments to the Arlington County Comprehensive Plan Master Transportation Plan Map - to add a new two-lane neighborhood-minor-street segment of 9th Street South between South Dinwiddie Street and South Arlington Mill Drive, and to delete a segment of South Arlington Mill Drive from Columbia Pike to a point approximately 200 feet to the north. The public hearings by the Planning Commission and the County Board to consider the proposed amendments will U-3501-17-4-6 -
be concurrent with the public hearings for the use permit for the Arlington Mill Community Center development. May 17, 2008 June 24, 2008 July 22, 2008 December 15, 2009 Authorized advertisement of public hearings by the Planning Commission on June 2, 2008, and the County Board on June 17, 2008, on the Special Exception Use Permit Form Based Code application for the proposed Arlington Mill Community Center. Approved a use permit (U-3199-08-2) for a residential building with 159 units; a 6-story mixed- use building with approximately 40,000 square feet of community center uses including gymnasium, approximately 3,000 square feet of retail uses, and 33 residential units; an underground parking garage; and a public plaza at 4975 Columbia Pike. Approved a ground lease between Arlington County and Public Private Alliances, LLC for 4975 Columbia Pike. Authorized the County Manger to modify plans the plans for the approved Arlington Mill Community Center redevelopment project as needed to construct the public portion independently from the housing portion of the project with a target opening in the first quarter of 2013. Authorized the County Manager to pursue a development partner for the residential housing to be built on the northern portion of the site. January 26, 2010 March 16, 2010 September 25, 2010 January 22, 2011 Authorization of sole source award to Davis Carter Scott Architects for design services for Phase I of the Arlington Mill Community Center. Approved the ground lease termination between Arlington County and Public Private Alliances, LLC, dated July 22, 2008 for 4975 Columbia Pike. Approved use permit amendment (U-3199-08-2) for plan modifications to the Arlington Mill Community Center to construct an approximately 65,700 sq. ft. community center facility with gymnasium and retail and eliminated the residential portion of the project from Phase 1. Approved a Memorandum of Agreement between the U-3501-17-4-7 -
Arlington Mill Limited Partnership (AMLP) and Arlington County Board for the County to design the residential portion of the County parking garage for the Arlington Mill Community Center. Approved an increase in the contract award amount for contract 182-10 for design services related to the residential portion of the County parking garage. Authorized the Purchasing Agent to execute necessary amendments to the contract documents. Allocated up to $270,000 in FY 2011 for design- related costs of the residential portion of the County parking garage. February 12, 2011 February 12, 2011 Approved a use permit amendment (U-3199-08-2) for a 122-unit affordable residential project with modifications of sign regulations located at 4975 Columbia Pike. Approved the Resubdivision of the County s Arlington Mill property; Adopted a resolution approving an Option to Ground Lease of Parcel A, created by such Resubdivision, between the County Board of Arlington County, Virginia and the Arlington Mill Limited Partnership; Authorized the Real Estate Bureau Chief, or his designee, to execute, on behalf of the County Board, the Option to Ground Lease and all related documents, including, without limitation, deeds Or other instruments necessary to resubdivide the Arlington Mill property, subject to approval as to form by the County Attorney. June 11, 2011 Approved a contract award between the Arlington County Board and HITT for construction of the Arlington Mill Community Center and the adjacent residential parking garage shell. Authorized the County Manager or his/her designee, to execute a Construction MOA and all related documents necessary to construct the residential garage shell. Allocated bridge financing for FY 2011 for construction and related costs for the residential parking garage shell. U-3501-17-4-8 -
Approved an amendment to an agreement between the County Board and Davis Carter Scott, Ltd. For Arlington Mill Community Center design services. Authorized the Purchasing Agent to execute necessary amendments to the contract documents. October 15, 2011 Approved a Ground Lease between the Arlington County Board and the Arlington Partnership for Affordable Housing (APAH) on County property located at 901 S. Dinwiddie St. Authorized the Real Estate Bureau Chief, or his/her designee, to execute the Ground Lease and all related documents. Authorized the County Manager, or his/her designee, to execute any amendments to the Ground Lease or other documents required in order for APAH to obtain a Permitted Leasehold Mortgage or other permitted financing. May 19, 2012 October 19, 2013 July 19, 2014 October 18, 2014 Approved a use permit amendment (U-3199-08-2) for the Arlington Mill Residences to modify Condition #26, to eliminate the requirement that affordability restrictions continue in the event of a foreclosure (and bring this use permit into compliance with Virginia Housing Development Authority (VHDA) financing requirements). Approved a use permit (U-3373-13-3) to operate a child care center for up to 24 children at the Arlington Mill Community Center, subject to the conditions of the staff report and with a County Board review in one (1) year (October 2014). Approved a use permit amendment (U-3199-14-3) to operate an open-air market on the outdoor plaza at the Arlington Mill Community Center, subject to the proposed conditions of the staff report with a County Board review in one (1) year (July 2015). Renewed a use permit (U-3373-13-1) to operate a child care center for up to 24 children at the Arlington Mill Community Center, subject to the conditions of the staff report and with a County Board review in three (3) years (October 2017) U-3501-17-4-9 -
July 18, 2015 October 21, 2017 November 18, 2017 Renewed a use permit (U-3199-14-3) to operate an openair market on the outdoor plaza at the Arlington Mill Community Center, subject to the proposed conditions of the staff report with a County Board review in one (1) year (July 2016). Renewed a use permit (U-3373-13-1) to operate a child care center for up to 24 children at the Arlington Mill Community Center, subject to the conditions of the staff report and with a County Board review in five (5) years (October 2022). Approved a use permit amendment (U-3501-17-4) to operate an open-air market on the outdoor plaza at the Arlington Mill Community Center, subject to the proposed conditions of the staff report with a County Board review in one (1) year (November 2018). U-3501-17-4-10 -
Approved Conditions () 1. The applicant agrees that the hours of operation for the open-air market will be limited to Saturdays from 9 a.m. to 1 p.m. The applicant agrees to observe any County government closings and holidays that may affect the operation of the open-air market at the Arlington Mill Community Center s outdoor plaza. 2. The times for vendor set-up and breakdown shall be in accordance with any existing license agreement with the County. The applicant agrees that the open-air market shall be limited to the permitted uses and number of vendors (up to 15) allowed in any existing license agreement with the County. 3. The applicant agrees to identify a person who will serve as liaison to the community and a person who will serve as an on-site manager (this may be the same person) throughout the operation of the use. The applicant agrees to coordinate the operations of the open-air market with the liaison and the on-site manager who will work with the appointed facilities manager at the Arlington Mill Community Center, including by way of illustration and not limitation, any issues which may arise from inclement weather affecting the ability to operate the open-air market. The liaison and on-site manager s names shall be submitted to the Zoning Administrator and the appointed facilities manager at the Arlington Mill Community Center prior to issuance of the certificate of occupancy. These individuals names and contact information shall be shared with the Arlington Mill Civic Association, the Columbia Forest Civic Association, the Barcroft School and Civic League, and the Park Glen Condominiums prior to the issuance of a certificate of occupancy for the open-air market. 4. The applicant agrees to meet all applicable County requirements and work cooperatively with the Department of Parks and Recreation, the Police Department, the Fire Marshal s Office, the Community Code Enforcement Office, and the Department of Environmental Services. 5. For the vendor parking plan, the applicant agrees to obtain any necessary right-of-way permits, permission or licenses ( Permit ) from the Department of Environmental Services, Development Services Bureau, Permitting and Customer Service Unit for the parking of vendors panel trucks during the hours of set up, break down, and operation of the open-air market. If the applicant proposes changes to the approved vendor parking plan, the applicant agrees to file a revised parking plan which shall be subject to review of, and may be approved by the Zoning Administrator if she finds that the revised plan is: (1) drawn to scale, showing the number and location of vendor parking spaces, and (2) identifies that the parking spaces to be used for vendor parking are sufficient to not have an adverse impact on the surrounding neighborhoods and streets. 6. The applicant agrees to provide all vendors associated with the open-air market with a document that lays out the preferred approach routes for vendor s vehicles and identifies major arterial roadways to use in order to avoid using neighborhood residential streets. This document shall be provided to the Zoning Administrator before issuance of the certificate of occupancy. 7. The applicant agrees that the open-air market shall take all practical measures to encourage U-3501-17-4-11 -
customers to use public transportation and also to encourage customer parking in the facilities shown on the parking plan labeled as Proposed Parking Plan for Open- Air Market at Arlington Mill Community Center and reviewed and approved by the County Board with the use permit on November 18, 2017. The applicant agrees that such measures will include, but will not be limited to verbal instructions and written documents (including maps) directing patrons to public transportation access points and to the public parking areas designated in the plan. The applicant agrees to encourage market patrons to park within the Arlington Mill Community Center parking garage, or in the public street parking along South Dinwiddie Street and Columbia Pike and to not park in residential streets or the private lots of neighboring businesses or apartments. Such information shall, at a minimum, be placed in any market advertising (and on a website if the market has one), and on on-site signage. A copy of the proposed advertising measures shall be provided to the Zoning Administrator before issuance of the certificate of occupancy. 8. The applicant agrees to comply with the requirements of all applicable laws, ordinances and regulations, including by way of illustration and not limitation, the County s Noise Ordinance, the County s Snow Removal Ordinance, and the County s Zoning Ordinance regulations for signs. 9. The applicant agrees to lay out the vendor spaces generally in accordance with the Arlington Mill Farmers Market Proposed Vendor Map, dated June 30, 2017 and reviewed and approved by the County Board with the use permit on November 18, 2017. 10. The applicant agrees to maintain a minimum five (5) foot pedestrian clearance within the outdoor plaza from all affected entrances/exits of the Arlington Mill Community Center. U-3501-17-4-12 -
5004 5006 802 804 806 808 9TH ST S 810 812 814 816 818 820 822 824 826 9TH ST S 5021 5027 5025 5031 5029 5033 5035 5037 822 RA14-26 5017 S DINWIDDIE ST C-1 824 828 5001 4950 5005 5003 830 5013 5009 5007 5011 5015 832 5017 834 5019 5021 5023 5025 5000 836 5002 5004 838 5035 5033 5006 5037 5008 5041 5010 840 5039 5045 5012 5014 842 5049 5047 5051 5016 5018 5055 5053 5057 5020 5061 5059 5022 5063 5024 5067 5065 5071 5069 5030 5028 5026 5077 5075 5073 5034 5032 5079 5038 5036 5044 5042 5040 5001 5046 5048 5005 5050 5007 5013 5011 5015 U-3501-17-4 909 S Dinwiddie St RPC # 22-001-725 S 9TH ST S 4997 RA7-16 5008 ARLINGTON 901 4975 MILL DR COLUMBIA 5000 909 5002 5004 4998 S-3A PIKE C-1 S COLUMBUS ST RA6-15 4970 4841 R-6 4965 4835 4838 4848 10TH ST S RA14-26 4880 4878 4876 4874 4961 4868 4870 4872 C-2 9TH ST S 4832 4866 4864 924 4824 4818 RA14-26 4850 922 4955 4852 4854 4856 4858 4860 4862 Scale: 926 920 ICase Location(s) 1:1,800 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed