ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 16, 2005 DATE: April 4, 2005 SUBJECT: U-3121-05-1 USE PERMIT for a cooperative conversion to condos; premises known as 836 South Greenbrier Street. (RPC # 23-003-001) Applicant: Columbia Heights Section 1, Incorporated By: Lori K. Kliewer, Agent Bean Kinney & Korman 2000 North 14 th Street, Suite 100 Arlington, Virginia 22201 C.M. RECOMMENDATION: Approve the use permit to allow conversion of the site from a cooperative to a condominium. ISSUES: None. SUMMARY: This is a special use permit, as required by the Arlington County Zoning Ordinance, for the conversion of a residential cooperative to a condominium where the land, buildings or structures do not comply with the zoning regulations. The subject cooperative was constructed in 1948 which predates the County s Zoning Ordinance. The minor nonconformities associated with this site have existed on the site for more than 60 years without complaints and no adverse impacts are anticipated through the proposed conversion. The majority of the residents are low and moderate income who will remain on the site following the conversion. Therefore, it is recommended that the use permit be approved. BACKGROUND: In 1947, Columbia Heights Section l, Incorporated (CHS1) was established as a Virginia corporation to acquire real estate and provide housing to veterans. Because Virginia law did not provide for cooperative housing associations at that time, the members of CHS1 created Virginia Veterans Cooperative Association (VVCA) as a mutual ownership, nonprofit association under the District of Columbia Cooperative Association Act. VVCA s purpose County Manager: County Attorney: Staff: Marcia A. Smith, DCPHD, Planning Division
and objectives include obtaining and developing land in Virginia with cooperative housing to serve veterans. VVCA owns all of the stock of CHS1. CHS1 acquired the subject real property and developed five buildings with 111 units to provide housing for veterans. CHS1 and VVCA have operated the cooperative for nearly 60 years as housing for veterans and low- and moderate-income persons. At the time of construction the buildings were fully compliant with Arlington County regulations. On December 3, 2003, VVCA s members decided to convert the cooperative to a condominium form of ownership pursuant to Virginia law. The impact of a conversion to a condominium form of ownership results in merely a change in ownership. The members of VVCA will receive as part of the conversion a deed to their unit. Prior to the conversion, the members simply held shares in VVCA, which entitled them to occupy a particular unit pursuant to a Deed of Lease. The Cooperative and their Board have taken every step to ensure that the conversion is structured to avoid the displacement of residents in the cooperative, except for those residents who vacate their units by reason of death or by a normal sale of their shares in VVCA. If a member maintains a share loan (a loan for the member s interest in VVCA), that member would need to pay off that share loan at the time of conversion. If financing is required, a primary lender has been identified to coordinate with the residents. Because a majority of the members of the VVCA are long-time owners, most members do not maintain a share loan and will not require a mortgage for their unit. History and Zoning Requirements for the s: Based on a super majority vote of its members, the cooperative voted to convert to a condominium form of ownership. As such, the owners are required to apply for condominium registration pursuant to Virginia Code 55-79.89. A registration requirement includes a statement of the zoning regulations affecting the use of the converting property. Per State law, local jurisdictions may require any nonconforming conversion condominium to obtain a special use permit. In this case, Arlington County s Zoning Ordinance requires this conversion to condominium to obtain a special use permit [Arlington County Zoning Ordinance 31(A) (9)], when the land, buildings or structures do not comply with the zoning regulations. The subject cooperative does not conform to current County standards it was built in 1948, prior to the enactment of the current zoning regulations. The Condominium Act addresses situations where cooperatives converting to condominiums do not meet local zoning regulations. The Condominium Act provides that: A request for such special use permit, a special exception, or variance filed on or after July 1, 1982, shall be granted if the applicant can demonstrate to the reasonable satisfaction of the local authority that the nonconformities are not likely to be adversely affected by the proposed conversion. No action on any such request shall be unreasonably delayed... Virginia Code 55-79.43(E). U-3121-05-1 Use Permit - 2 -
The following provides Current Zoning Regulations: Building Heights: Setbacks: Parking Spaces: Number of Units: 35 feet Fifty (50) feet from said centerline but in no case less than 25 feet from any street right-of-way line Computation of 1 1/8 spaces for each of the first 200 hundred dwelling units. The code allows a reduction in the number of parking spaces required to include up to 15 percent of the parking spaces for compact cars. Current zoning regulations would allow 109.81 units on the site. Existing Conditions of the Proposed Cooperative/Condominium Conversion: Building Heights: Setbacks: No building exceeds 35 feet in height. Of the five existing buildings, two of the buildings are fully compliant with setback requirements. Three buildings are located slightly less than the current County setback requirements: Lot 5A is located 24.8 feet (rather than the 25-foot setback requirement) from the edge of the right-of-way along 8th Road South and 49.8 feet from the centerline of 8th Road South. Lot 4 is located 24.8 feet (rather than the 25-foot setback requirement) from the edge of the right-of-way along 8th Road South and 49.8 feet from the centerline of 8th Road South. Lot 3 is located 24.7 feet (rather than the 25-foot setback requirement) from the edge of the right-of-way along 8th Road South and 49.7 feet from the centerline of 8th Road South. Parking Spaces: Number of Units: The residential development was originally constructed with 111 parking spaces. The existing survey shows the site currently provides for 107 parking spaces. The five buildings contain 111 units. The Cooperative includes approximately 45 to 50 two-bedroom units with the remainder being onebedroom units. The following provides additional information about the site and location: Site: The site is located at 836 South Greenbrier Street. The site is currently developed with five buildings at the intersection of 8 th Road South and U-3121-05-1 Use Permit - 3 -
South Greenbrier Street off of Columbia Pike. The site is generally surrounded by similarly situated multi-family uses. Zoning: The site is zoned RA14-26 Apartment Dwelling Districts. Land Use: The site is designated on the General Land Use Plan Low Medium (16 36 units per acre.) Neighborhood: This cooperative is located in the Columbia Heights West Civic Association area. Staff spoke to the President of the association who stated that there had been no adverse information shared from residents and she is not opposed to the conversion. She further stated that, by a majority vote, the Board of the cooperative decided to convert and that she would not question their vote. DISCUSSION: Based on a super majority vote of its members, the cooperative voted to convert to a condominium form of ownership. As such, the owners are required to apply for condominium registration pursuant to Virginia Code 55-79.89. A registration requirement includes a statement of the zoning regulations affecting the use of the converting property. Arlington Code, Section 31(9) specifically addresses cooperative conversion to condominium: Condominium and Cooperative Conversion : Whenever any land, buildings or structures or the use thereof are proposed to be converted to condominiums or cooperatives and such land, buildings or structures do not conform to the regulations of this zoning ordinance, then before such proposed conversion may take place, a special exception use permit pursuant to Section 36, subsection G, hereof shall be obtained unless a variance of the requirements of zoning or land use regulations which may be granted by the board of zoning appeals pursuant to Chapter 11 of Title 15.1 of the Code of Virginia is, in fact, granted. A request for such a special exception or variance filed after July 1, 1982 shall be granted if the applicant can demonstrate that the continuance of any existing nonconformities, as proposed by the conversion, is not likely to affect adversely the property or adjacent properties, the intention of the comprehensive plan, or the public welfare or safety. The nonconformities set forth by the applicant include minor front-yard setback discrepancies on three lots of 24.7 feet and 24.8 feet compared to the required 25 feet. In addition, the same lots are situated at 49.7 feet from the centerline of the street versus the required 50 feet. The development was constructed with 111 parking spaces in 1948, compared with the 125 spaces that would be necessary under the current Zoning requirement of 1 1/8 spaces per unit. Currently there are 107 spaces located on the site. The additional three spaces were removed to allow the development of adequate access for emergency vehicles, including fire vehicles. The applicant does not anticipate major changes to the site and is requesting that the existing discrepancies be permitted to continue as the site moves from a cooperative to a condominium for the benefit of the existing residents. U-3121-05-1 Use Permit - 4 -
CONCLUSION: In December 2003, over two-thirds of the cooperative membership voted to convert the cooperative to a condominium form of ownership. Because the existing conditions have been in regular and continuous use for 60 years without complaint, none of the nonconforming conditions are likely to be adversely affected by the proposed conversion. A majority of VVCA s members are moderate- or low-income individuals. Staff agrees with the applicant s assessment that the impact of full compliance with current Arlington County regulations would adversely affect many of the existing members. Therefore it is recommended that the use permit to allow conversion of this site from a cooperative to a condominium be approved. U-3121-05-1 Use Permit - 5 -
PREVIOUS COUNTY BOARD ACTIONS: There have been no previous County Board actions on this site. U-3121-05-1 Use Permit - 6 -