ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of June 18, 2016 DATE: June 7, 2016 SUBJECT: Vacations Concerning a Project Known as 2400 Columbia Pike A. Vacation of a Portion of Columbia Pike, Route 244, located along the South Side of Columbia Pike, running West to East, and Abutting the Front Property Line of 2338 Columbia Pike, Arlington, Virginia (RPC# 32-001-037). B. Vacation of a 10 Sanitary Sewer Easement along the Western Portion of Property Previously Known as a 20 Roadway, said Easement Running Perpendicular to Columbia Pike from North to South (No RPC # assigned), Abutting Properties Known as 2338 Columbia Pike (RPC# 32-001-037), 1021 S. Barton St. (RPC# 32-001-PCA) and 1016 S. Wayne St. (RPC# 32-001-427), Arlington, Virginia. Applicants: 2338 Columbia Pike Associates, LLC; Four Mile Run Associates, L.C.; Testamentary Trust of Benjamin M. Smith Owners: 2338 Columbia Pike Associates, LLC (RPC# 32-001-037); Four Mile Run Associates, L.C. (20 Strip) By: M. Catharine Puskar c/o Walsh, Colucci, Lubeley, Emrich & Walsh, PC 2200 Clarendon Boulevard, Suite 1300 Arlington, VA 22201 C. M. RECOMMENDATION: 1. Enact the attached Ordinance (Attachment 1) to Vacate a Portion of Columbia Pike, Route 244, located along the South Side of Columbia Pike, running West to East, and County Manager: ##### County Attorney: ***** 39. B. Staff: Betsy Herbst, DES, Real Estate Bureau
Abutting the Front Property Line of 2338 Columbia Pike, Arlington, Virginia (RPC# 32-001-037), with Conditions. 2. Enact the Ordinance (Attachment 2) to Vacate a 10 Sanitary Sewer Easement along the Western Portion of Property Previously Known as a 20 Roadway, said Easement Running Perpendicular to Columbia Pike from North to South (No RPC # assigned), Abutting Properties Known as 2338 Columbia Pike (RPC# 32-001-037), 1021 S. Barton St. (RPC# 32-001-PCA) and 1016 S. Wayne St. (RPC# 32-001-427), Arlington, Virginia, with Conditions. 3. Authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to execute, on behalf of the County Board, the Deeds of Vacation, subject to approval as to form of all documents by the County Attorney. ISSUES: The Applicant has requested the vacation of a portion of Columbia Pike and vacation of a 10 sanitary sewer easement related to a request for approval of proposed Columbia Pike Form Based Code Use Permit (U-3436-16-1) to allow redevelopment of the parcels for construction of a 105 unit multi-family dwelling building with 14,562 to 14,736 sq. ft. of retail space. Several individual unit owners of the abutting Barkley Condominiums have objected to the vacation of the 10 sanitary sewer easement because the surface of the easement has been used by the residents for access to Columbia Pike, which will be eliminated upon vacation of the easement and construction of the project. SUMMARY: In order to permit redevelopment of the property under the Columbia Pike Form Based Code, the Applicant has applied for a Special Exception Use Permit (U-3436-16-1), which is the subject of a separate staff report, and requested the vacation of (i) a portion of Columbia Pike located along the south side of Columbia Pike and (ii) a 10 sanitary sewer easement within a portion of property previously known as a 20 roadway, both of which are abutting portions of the property known as 2338 Columbia Pike. Upon satisfaction of all conditions specified in the Ordinances, including recordation of the Deeds of Vacation by the Applicant before the expiration date of the Ordinances, the County s interests in a portion of Columbia Pike and the sanitary sewer easement will be extinguished. BACKGROUND: The portion of Columbia Pike to be vacated is situated along the south side of Columbia Pike, Route 244, between S. Wayne Street to the east and S. Barton Street to the west. The 10 sanitary sewer easement to be vacated is located along the western portion of a property previously known as a 20 roadway, running perpendicular to Columbia Pike and adjacent to the property known as 2338 Columbia Pike. (See Vicinity Maps at Attachments 3, 4 and 5). The property at 2338 Columbia Pike is currently being used for multiple commercial purposes, including the Rappahannock Coffee business, a nail salon, a computer repair shop and other small-scale retail establishments. The portion of Columbia Pike requested to be vacated was established as a public street by Deed of Dedication, dated January 5, 1939, and recorded in Deed Book 454 at Page 14 among the land records of Arlington County, Virginia. Until 2010, Columbia Pike was owned by the Commonwealth of Virginia. By Quitclaim Deed recorded in Deed Book 4399 at Page 2015, the - 2 -
Commonwealth of Virginia conveyed all of its right, title and interest in those portions of Columbia Pike located within Arlington County to the County Board of Arlington County, Virginia. The portion of the dedicated public street requested to be vacated abuts property known as RPC# 32-001-037, now owned by 2338 Columbia Pike Associates, LLC. The area in front of the existing building is constructed as landscaped area and sidewalk, and is not constructed as street right-of-way. The 10 Sanitary Sewer Easement to be vacated was established by a Deed of Quitclaim and Dedication dated June 2, 1980, and recorded August 14, 1980 in Deed Book 2018 at Page 462 among the land records. The property on which the sanitary sewer easement is located is currently owned by Four Mile Fun Associate, L.C. The easement is located on a parcel previously known as a 20 roadway. This roadway, however, was never dedicated, constructed or used as a public street and has remained a privately owned alley. The easement area abuts properties known as 2338 Columbia Pike (RPC# 32-001-037), 1021 S. Barton St. (RPC# 32-001-PCA) and 1016 S. Wayne St. (RPC# 32-001-427). At its meeting on April 28, 2016, the Transportation Commission determined unanimously that the proposed vacation of the 231 sq. ft. portion of Columbia Pike was consistent with the Master Transportation Plan and recommended approval of such vacation to the County Board. At its meeting on May 2, 2016, the Planning Commission determined unanimously that the proposed vacation of a 231 sq. ft. portion of Columbia was substantially in accord with the adopted Comprehensive Plan or applicable portion thereof. The vacation of the 231 sq. ft. portion of Columbia Pike was the only matter being considered by both the Transporation Commission and Planning Commission. The vacation of the 10 Sanitary Sewer Easement was briefly discussed during the Planning Commission meeting, because it was mentioned as an issue by several individual unit owners of the abutting Barkley Condominium building. DISCUSSION: The Applicant s redevelopment project, consistent with the Columbia Pike Form Based Code ( Form Based Code ), will include the construction of a six-story multi-family residential building containing approximately 105 residential units, approximately 14,562 to 14,736 sq. ft. of ground floor retail GFA, and two levels of structured parking. The total gross floor area of the project is approximately 185,408 sq. ft. As required by the Form Based Code, the Applicant plans to preserve certain elements of the existing historic façade. In order to facilitate the development of the site under the Form Based Code, the Applicant has requested the vacation of two County property interests, including a 231 sq. ft. portion of Columbia Pike and a 10 sanitary sewer easement. If approved, the vacations will allow the Applicant to use the vacated areas for construction of the project. The Applicant will be required under the use permit conditions for the project to dedicate and convey to the County new easements for transit, public sidewalk, utility and drainage purposes along Columbia Pike. In addition, the Applicant will be required by the vacation ordinance to relocate the existing utilities within the 10 sanitary sewer easement to another location on the site and dedicate to the County any necessary utility easements. - 3 -
Legal and Physical Description: The portion of Columbia Pike to be vacated was established as public street by Deed of Dedication, dated January 5, 1939, and recorded in Deed Book 454 at Page 14 among the land records. The 10 Sanitary Sewer Easement was established by Deed of Quitclaim and Dedication dated June 2, 1980, and recorded August 14, 1980 in Deed Book 2018 at Page 462 among the land records. Public Notice: Public notice of the proposed vacations was given in accordance with the Code of Virginia. Notices were placed in the April 19, 2016 and April 26, 2016 issues of the Washington Times for the Planning Commission meeting of May 2, 2016, the Transportation Commission meeting of April 28, 2016, and the County Board Meeting of May 14, 2016. At the recessed meeting on May 17, 2016, the County Board deferred consideration of the proposed vacations to the June 18, 2016 County Board meeting. Compensation: The Ordinance for the vacation of a portion of Columbia Pike will require that compensation be paid by the Applicant for the vacation of the County s property rights. Based upon County staff analysis of the value of the surrounding land and the small area to be vacated, County staff has determined that the fair market value compensation to the County for the street vacation should be $16,053.00. The Applicant has agreed to pay $16,053.00 as compensation to the County for the vacation of the portion of Columbia Pike as set forth on the Plat. As has been the County s practice, there is no compensation required to be paid for the vacation of the 10 sanitary sewer easement. All utilities located within the existing easement will be required to be relocated by the Applicant as part of the project and new easements will be dedicated to the County by the Applicant as necessary. FISCAL IMPACT: The compensation for the vacation of the portion of Columbia Pike will be deposited in the Sale of Land/Right of Way account in the General Fund (101.350130.42203.0000.0000.0000). - 4 -
Attachment 1 ORDINANCE TO VACATE A PORTION OF COLUMBIA PIKE, ROUTE 244, LOCATED ALONG THE SOUTH SIDE OF COLUMBIA PIKE, ABUTTING A PORTION OF THE PROPERTY KNOWN AS 2338 COLUMBIA PIKE, ARLINGTON, VIRGINIA (RPC# 32-001-037), WITH CONDITIONS: BE IT ORDAINED that, pursuant to a request on file, by 2338 Columbia Pike Associates, LLC; Four Mile Run Associates, L.C.; Testamentary Trust of Benjamin M. Smith (collectively, the Applicant ), in the Office of the Department of Environmental Services, the portion of Columbia Pike, Route 244, located along the south side of Columbia Pike, abutting the property known as 2338 Columbia Pike, Arlington, Virginia (RPC# 32-001-037), being established as a public street by Deed of Dedication, dated January 5, 1939, and recorded in Deed Book 454 at Page 14 among the land records of Arlington County, Virginia, and which vacated portion of Columbia Pike is depicted on the plat entitled Plat Showing the Vacation of a Sanitary Sewer Easement, Deed Book 2018 Page 462, and Vacation of a Portion of Columbia Pike Route 244, Arlington County, Virginia, dated March 18, 2016, prepared by Walter L. Phillips Incorporated, and attached to the County Manager s Report to which this Ordinance is attached as Exhibit A, is hereby vacated subject to the following conditions: 1. The Applicant shall prepare and submit to the County for review and approval, the Deed of Vacation, and all required plats, subject to the approval thereof by the County Manager, or his designee, and approval of the deed as to form by the County Attorney. 2. Prior to the recordation of any Deed of Vacation, the Applicant shall pay to the County compensation in the full amount of $16,053.00 for the portion of Columbia Pike to be vacated. 3. The Applicant shall pay all fees, including the fees for plat review, approval and recordation of the Deed of Vacation associated with the Ordinance of Vacation. 4. The Applicant shall record the Deed of Vacation and all plats, subject to the approval of the County Manager, or his designee, and approval as to form by the County Attorney. 5. All conditions of this Ordinance of Vacation shall be met by noon on June 18, 2019, or this Ordinance of Vacation shall become null and void, without the necessity of any further action by the County Board. - 5 -
Attachment 2 ORDINANCE TO VACATE A 10 SANITARY SEWER EASEMENT ALONG THE WESTERN PORTION OF PROPERTY PREVIOUSLY KNOWN AS A 20 ROADWAY, SAID EASEMENT RUNNING PERPENDICULAR TO COLUMBIA PIKE FROM NORTH TO SOUTH (NO RPC# ASSIGNED), ABUTTING PROPERTIES KNOWN AS 2338 COLUMBIA PIKE (RPC# 32-001-037), 1021 S. BARTON ST. (RPC# 32-001-PCA) AND 1016 S. WAYNE ST. (RPC# 32-001-427), ARLINGTON, VIRGINIA, WITH CONDITIONS: BE IT ORDAINED that, pursuant to a request on file, by 2338 Columbia Pike Associates, LLC; Four Mile Run Associates, L.C.; Testamentary Trust of Benjamin M. Smith (collectively, the Applicant ), in the Office of the Department of Environmental Services, the 10 Sanitary Sewer Easement along the western portion of property previously known as a 20 roadway, said easement running perpendicular to Columbia Pike from north to south (no RPC# assigned), abutting properties known as 2338 Columbia Pike (RPC# 32-001-037), 1021 S. Barton St. (RPC# 32-001-PCA) and 1016 S. Wayne St. (RPC# 32-001-427), Arlington, Virginia, being acquired by Deed of Quitclaim and Dedication, dated June 2, 1980, and recorded in Deed Book 2018 at Page 462 among the land records of Arlington County, Virginia, and which vacated 10 sanitary sewer easement is depicted on the plat entitled Plat Showing the Vacation of a Sanitary Sewer Easement, Deed Book 2018 Page 462, and Vacation of a Portion of Columbia Pike Route 244, Arlington County, Virginia, dated March 18, 2016, prepared by Walter L. Phillips Incorporated, and attached to the County Manager s Report to which this Ordinance is attached as Exhibit A, is hereby vacated subject to the following conditions: 1. The Applicant shall prepare and submit to the County for review and approval, the Deed of Vacation, and all required plats, subject to the approval thereof by the County Manager, or his designee, and approval of the deed as to form by the County Attorney. 2. The Applicant shall submit, for review and approval, to the Department of Environmental Services ( DES ), a utility relocation and engineering design plan for the construction, relocation, removal, and/or replacement of any public utility facilities located, in whole or in part, within the portion of the easement vacated by this Ordinance of Vacation ( Plan ) in compliance with the Arlington County Construction Standards and Specifications. The Plan shall be subject to approval by the Director of DES, or his designee. 3. The Applicant shall submit to the Director of DES, or his designee, a bond, letter of credit, or other security, in an amount and in a form as determined by, and acceptable to, the County Manager or his designee, to secure the construction, relocation, and removal, and/or replacement of any public utility facilities pursuant to the approved Plan. 4. The Applicant shall, at its own cost and expense, remove, relocate and reconstruct any existing public utility facilities, located within the easement herein vacated, with new public utility and related appurtenant facilities of size, dimension and location acceptable to Arlington County ( County ), in strict accordance with Arlington County Construction Standards and Specifications, and all applicable laws, ordinances, regulations and policies. - 6 -
5. The Applicant shall dedicate, grant and convey to the County a new public utility easement(s), at locations and of dimensions necessary to accommodate the relocated facilities as required by the County as and provided in Use Permit No. U-3436-16-1, approved by the County Board concurrently with this Ordinance. The Real Estate Bureau Chief, Department of Environmental Services, or his designee, is authorized to accept the new public utility easement(s) on behalf of the County, subject to approval as to form by the County Attorney. 6. The Applicant shall pay all fees, including the fees for plat review, approval and recordation of the Deed of Vacation associated with the Ordinance of Vacation. 7. The Applicant shall record the Deed of Vacation and all plats, subject to the approval of the County Manager, or his designee, and approval as to form by the County Attorney. 8. All conditions of this Ordinance of Vacation shall be met by noon on June 18, 2019, or this Ordinance of Vacation shall become null and void, without the necessity of any further action by the County Board. - 7 -
Exhibit A
Vicinity Map 2338 Columbia Pike RPC# 32001037 Attachment 3 S WAYNE ST S ADAMS ST COLUMBIA PIKE Portion of Columbia Pike Area = 231 SQ. FT. 32001037 10' Sanitary Sewer Easement Area = 2068 SQ. FT. S BARTON ST 0 75 Feet / Pursuant to Section 54.1-402 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Map prepared by Arlington County GIS Mapping Center Produced and March 2016
S ADAMS ST Vicinity Map 2338 Columbia Pike RPC# 32001037 Attachment 4 S WAYNE ST S BARTON ST 9TH ST S S COURTHOUSE RD 9TH ST S S VEITCH ST 9TH ST S S ADAMS ST COLUMBIA PIKE 9TH RD S COLUMBIA PIKE S BARTON ST COLUMBIA PIKE Portion of Columbia Pike Area = 231 SQ. FT. 32001037 10' Sanitary Sewer Easement Area = 2068 SQ. FT. S WAYNE ST S CLEVELAND ST 12TH ST S S BARTON ST 11TH ST S 0 200 Feet 12TH ST S / Pursuant to Section 54.1-402 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Map prepared by Arlington County GIS Mapping Center Produced and March 2016
Vicinity Map 2338 Columbia Pike RPC# 32001037 Attachment 5 S WAYNE ST S ADAMS ST COLUMBIA PIKE Portion of Columbia Pike Area = 231 SQ. FT. 32001037 10' Sanitary Sewer Easement Area = 2068 SQ. FT. S BARTON ST 0 75 Feet / Pursuant to Section 54.1-402 of the Code of Virginia, any determination of topography or contours, or any depiction of physical improvements, property lines or boundaries is for general information only and shall not be used for the design, modification, or construction of improvements to real property or for flood plain determination. Aerial Photography 2015 Commonwealth of Virginia Map prepared by Arlington County GIS Mapping Center Produced and March 2016