City of Alexandria, Virginia
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MEMORANDUM
DATE: OCTOBER 16, 2013
TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: RASHAD M. YOUNG, CITY MANAGER /s/
DOCKET TITLE:
TITLE
Consideration of Granting Conditional Approval of a Change in Use of the Property Located at 711 Wilkes Street in Order to Satisfy a Covenant to Which the Property is Currently Subjected.
BODY
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ISSUE: The current owner of the property located at 711 Wilkes Street would like to change the use of the property from its current parking lot and a small carry out restaurant to a residential development of six townhomes with onsite parking as allowed pursuant to current zoning of the property. While this change does not require a change in how the property is zoned, the property is subject to a recorded covenant that requires the owner to obtain City Council's approval before proceeding with changing the use from the current use. The owner is therefore requesting this approval in order to satisfy the terms of the restrictive covenant.
RECOMMENDATION: Staff recommends that the City Council grant a conditional approval for the change of use, contingent upon Planning Commission approval of a development site plan consistent with the concept plan dated August 23, 2013 and the Old and Historic Alexandria Board of Architectural Review approval of a Certificate of Appropriateness for the new construction.
BACKGROUND: On October 15, 1981 the then-owners and the then-lessors of the property located at 711 Wilkes Street entered into a covenant with the City of Alexandria in exchange for the City's agreement to remove the property from the DIP urban renewal program. The covenant, which was recorded in the land records and runs with the land, requires that neither the owners nor the lessors will change the current use or intensity of use of the property without the approval of the City Council of Alexandria. This covenant adds an additional requirement on this property that is different than land use approvals that are typically before the City Council. The property owner is not asking for a rezoning of the property and the City Council's action will not approve a specific development proposal. The owners are solely requesting approval to change the use of the property from the parking lot and carry out, to a use that is consistent with the current zoning for the property. If City Council approves this change of use, the property owner will still have to abide by all rules and regulations for approval of new development on the property.
The property which is the subject of this memorandum, 711 Wilkes Street, is located in the southeastern portion of the City and is bordered by the rear of the Wolfe Street frontage to the north, the rear of the S. Washington Street frontage to the east, Wilkes Street to the south and S. Columbus Street to the west. The property is located within the Southwest Quadrant Small Area Plan, and was originally within the DIP urban renewal program area. The surrounding neighborhood is characterized by a mixture of uses including low-scale commercial, multi-family residential units and townhomes.
Many of the adjacent structures were constructed pursuant to the DIP urban renewal program, which was established by City Council in the late 1960's and adopted as a Special Use Permit in 1974. The DIP urban renewal program was established in an effort to improve the physical conditions within this area of the City, which was characterized in the late 1960's by dilapidated residential and commercial structures. The program sought to remove structurally substandard buildings, eliminate blight, preserve properties of significant historic and architectural value, and provide a substantial number of low and moderate income housing units. Redevelopment consisted of townhomes, garden and mid-rise apartments and office buildings, which were constructed under a contract between the Alexandria Redevelopment and Housing Authority (ARHA) and the DIP Limited Partnership. The City served as staff to ARHA in the implementation of the program.
The Special Use Permit approved in 1974 (SUP #965) included fourteen blocks in an area bound by Duke Street, S. Fayette Street, Franklin Street and the rear of the S. Washington Street frontage. The Special Use Permit was subsequently amended in 1979 (SUP #1223), 1981, 1983 (SUP #1602), and 1996 (SUP #96-0066). As a result of these amendments, Blocks 2, 11, 12 and a portion of Block 13 were removed from the program.
The property located at 711 Wilkes Street is a portion of what was identified as Block 13 in the initial Special Use Permit. Block 13 was proposed to accommodate four townhomes, a community center and a commercial parking lot. The four townhomes (410 - 416 S. Columbus Street) were constructed and the Special Use Permit was amended to recommend that a portion of the remaining site be acquired by the City and sold competitively for the development of four additional townhomes, with the remaining portion to provide commercial parking. Based on the City's real estate records, the site was never acquired by the City, and the four additional townhomes were not constructed.
In October 1981, City Council amended the DIP urban renewal program to eliminate a portion of Block 13, specifically the property at 711 Wilkes Street, from the project. With this amendment, the City required the owner and long-term tenant of the site to execute a recorded agreement which stated that any change in the current use or intensity of the property is subject to City Council approval. The recorded agreement allowed the tenant to continue using the property while giving the City Council the added protection of being able to review any change of use. Staff believes that the covenant provided an added level of control for the City Council to reevaluate the land use goals for this site, if and when the property owner and long term tenant requested approval to change the use of the property.
The site has not changed use since 1981 and is currently occupied by a surface parking lot and a small carry out restaurant, the Bottom Dollar Dog. The property owner's attorney has indicated that the long term lease for this use has now reverted to a month to month lease. Based on review of the available records, the existing parking lot does not provide required parking for the adjacent townhomes or businesses, but does provide access to the parking which serves 419 - 425 S. Washington Street. Access is obtained through the lease of two spaces at the northeast corner of the site, not through an easement. Staff believes that alternative means of access are available for these properties.
DISCUSSION:
CONSISTENCY WITH CITY PLANS AND POLICIES:
Staff believes that it is appropriate to remove the recorded covenant on the subject property, pursuant to the approval of a development site plan by the Planning Commission, as redevelopment of the existing site is consistent with the City's plans and policies. Several of the City's plans and policies, including the Southwest Quadrant Small Area Plan, the Alexandria Design Principles and the Environmental Action Plan encourage redevelopment of underutilized sites, such as the subject property, due to proximity to existing infrastructure, services and amenities.
The Southwest Quadrant Small Area Plan identifies this site as a potential redevelopment site and recommends the construction of an office building to provide a transition between the commercial uses east of the site and the residential uses located west of the site. The site is zoned CL / Commercial Low, as recommended by the Plan, which in addition to office uses, permits residential, small scale retail and service uses. The removal of the recorded covenant provides an opportunity to redevelop this underutilized site and fulfill the goals of the Southwest Quadrant Small Area Plan, which encourage strengthening the residential character of the neighborhood.
Removal of the recorded covenant also provides an opportunity to redevelop the site in accordance with the Alexandria Design Principles, established in May 2006. The Design Principles note that the public realm is defined by buildings which front the street and form a street wall. Removal of the covenant facilitates future redevelopment, thereby providing an opportunity to enhance the public realm both through buildings which front the street, and pedestrian improvements such as continuous sidewalks, street trees, pedestrian scale lighting, and similar amenities. Redevelopment also offers an opportunity to minimize the impacts of the automobile on the adjacent residential neighborhood, an action which is consistent with the Alexandria Design Principles.
Likewise, the removal of the covenant and the redevelopment of the site also offer an opportunity to comply with the Eco-City Charter and the Environmental Action Plan, as it allows infill development on an underutilized site in close proximity to neighborhood amenities and existing transportation infrastructure. For example, the site is located in close proximity to the commercial uses on S. Washington Street, including retail, restaurants and personal service uses. The proximity of these uses enables access without an automobile. Similarly, the site is located in close proximity to the existing bus service on S. Washington Street and within a mile of the King Street Metrorail Station. Due to the proximity of the site to existing services and amenities, it is an appropriate site for infill development.
CURRENT PROPOSAL
As noted above, staff recommends that the City Council authorize the removal of the recorded covenant contingent upon Planning Commission approval of a development site plan, consistent with the concept plan dated August 23, 2013. City staff recently reviewed the concept plan for this site, which proposes the construction of six townhomes with on-site parking. The proposed townhomes range from 2,160 square feet to 2,400 square feet and are proposed to front on S. Columbus Street. Access to the parking, located in the rear of each townhome, is proposed from a drive aisle located on the eastern portion of the site. Two-car garages are proposed for each of the end unit townhomes in order to screen the additional parking spaces from the right-of-way and adjacent neighbors. The townhomes are consistent with current zoning and are subject to review by the Old and Historic Board of Architectural Review.
At this early stage in the process, the property owner has conducted limited community outreach, primarily to address the termination of lease agreements with the existing tenants, including the carry-out restaurant and the adjacent property owners on South Washington Street who lease parking spaces in the parking lot. Additional outreach on the specific proposal for redevelopment will be done as the application proceeds through the development review process.
CONCLUSION
The removal of the recorded covenant provides an opportunity to redevelop the property in a manner consistent with the existing zoning as well as the City's approved plans and policies. As discussed, the DIP urban renewal program envisioned four townhomes and a commercial parking lot on this property. The current proposal for the development of this property would also provide townhouses on this site bringing it back to what the City Council envisioned for this property in 1981. While the Southwest Quadrant Small Area Plan recommended office for this site, staff believes that there is value allowing residential redevelopment on this site pursuant to the current zoning, as a primary goal of the Small Area Plan is to strengthen the residential character of the neighborhood.
Likewise, the removal of the covenant also strengthens the historic character of the neighborhood, by potentially returning the site to its historic use. According to the Sanborn Fire Insurance Maps, the site was occupied by townhomes which fronted S. Columbus and Wilkes Street from approximately 1896 until the late 1950's, at which time the surface parking lot was constructed. The redevelopment of the site provides the ability to reintroduce the historic use and integrate the site into the urban fabric.
Staff recommends that the City Council grant a conditional approval for the change of use, contingent upon Planning Commission approval of a development site plan consistent with the concept plan dated August 23, 2013 and the Old and Historic Alexandria Board of Architectural Review approval of a Certificate of Appropriateness for the new construction in order to allow redevelopment of the site consistent with current zoning for this property, the City's plans and policies, and the historic character of the neighborhood.
FISCAL IMPACT: There is no fiscal impact as a result of this decision.
ATTACHMENTS:
Attachment 1: October 15, 1981 Agreement
Attachment 2: Aerial Image of 711 Wilkes Street
Attachment 3: Approximate Boundaries of DIP Urban Renewal Program Area
Attachment 4: Existing Uses within DIP Urban Renewal Program Area
Attachment 5: Phase 1 Concept Plan, Wilkes Townhouse Development
STAFF:
Karl Moritz, Deputy Director, Current Planning, Planning and Zoning
Dirk Geratz, Acting Division Chief, Development, Planning and Zoning
Jessica McVary, Urban Planner, Planning and Zoning
Joanna Anderson, Assistant City Attorney, City Attorney's Office