ARLINGTON COUNTY, VIRGINIA
COUNTY BOARD MEETING AGENDA
November 16, 2019

8:30 A.M. Public Comment
No earlier than 9:00 A.M. Consent Agenda and Regular Hearing
 



I. PUBLIC COMMENT


II. CONSENT ITEMS (Items 1-36) Public testimony on removed items will occur at the Recessed Meeting on Tuesday, November 19, 2019, at 6:30 p.m. (No testimony taken on Saturday).


 
* Public Hearing Items (Items 1-20) The following items on the consent agenda are subject to public hearing requirements. Citizens interested in removing an item from the list below must submit a speaker slip to the Clerk at the Saturday, November 16, 2019, meeting before 9 a.m.



 
Site Plans Requests, Amendments and Reviews



1. PDSP #346, 3550 South Clark St.



A. PDSP #346 Phased Development Site Plan Amendment to modify condition #4 related to retail and office density for Potomac Yard Land Bay E-West, and to modify condition #22 related to Center Park design on certain parcels of land known as Potomac Yard (RPC# 34-027-060, -061, -062, -063, -067, -068, -071, -072, -073 through -545, -549, -551, -553, -557, -558, -559, -560, -562, -563, -564, -566, -567, -568, -569, -570, -572, -573, -574, and -575);



B. SP346-U-19-1 new use permit for a child care center for up to 160 children (Bright Horizons); located at 3550 South Clark St. (RPC# 34-027-567).



C. SP346-U-19-2 Use Permit Associated with a site plan for a child care center for up to 160 children (Bright Horizons); located at 3550 South Clark Street (RPC# 34-027-567).

C.M. Recommendation:   (A) Adopt the Phased Development Site Plan Amendment Ordinance (PDSP #346, attached to the staff repot) to modify condition #4 related to retail and office density for Potomac Yard Land Bay E-West, and to modify condition #22 related to Center Park design, subject to all previously approved conditions, and revised conditions #4 and #22. (B) Adopt the Site Plan Amendment Ordinance (SP #346, attached to the staff report) to modify condition #64 to allow retail-equivalent uses in Potomac Yard Land Bay E-West, to modify condition #80 related to Center Park design to allow for a playground, and to allow for 8,490 sq. ft. of retail space on the ground floor and 5,950 sq. ft. of office space on the second floor to be used for a child care use, subject to all previously approved conditions, and revised conditions #64 and #80, and new conditions #84 and #85. In addition, (C) approve the subject use permit associated with a site plan for a child care center for up to 160 children, subject to conditions of the staff report, and with a County Board review in one (1) year (November 2020).




Board Report #1 (Posted 11-13-2019)



#1-Letter from the Public (Posted 11-14-2019)



2. SP #432 Site Plan Amendment to amend Condition #56. D of the approved site plan (Gables North Rolfe) related to the public park dedication; located at 1351 and 1353 N. Rolfe St., 1800 14th St. N. and 1723 Fairfax Drive (RPC# 17-024-031; -033, -034).

C.M. Recommendation:   Adopt the ordinance (attached to the staff report) to approve a site plan amendment to amend Condition #56.D related to the public park dedication, subject to all previously approved conditions and revised Condition #56.D of the ordinance.




Board Report #2



 
Use Permit Requests, Amendments and Reviews



3. SP194-U-19-3 Use Permit associated with a site plan for live entertainment (Renegade Coffee and Kitchen); located at 3100 Clarendon Blvd. (RPC# 19-002-007).

C.M. Recommendation:   Approve the subject use permit associated with a site plan for live entertainment subject to the proposed conditions of the staff report, with a County Board review in one (1) year (November 2020).




Board Report #3



4. East West Cafe, 3101 Wilson Blvd.



A. SP #298 Site Plan Amendment Review for an outdoor cafe in the public right-of-way (American Tap Room); located at 3101 Wilson Blvd. (RPC# 15-071-031).



B. SP298-U-19-2 Use Permit associated with a site plan for an outdoor cafe (East West Cafe) within a public easement; located at 3101 Wilson Blvd., (RPC# 15-071-031).

C.M. Recommendation:   (A). Adopt the ordinance (attached to the staff report) for Site Plan #298 to discontinue the outdoor cafe in the public-right-of-way for American Tap Room, located at 3101 Wilson Blvd. In addition, (B) approve the use permit associated with a Site Plan #298, subject to the proposed conditions of the staff report with a one (1) year County Board review (October 2020).




Board Report #4



5. U-2833-95-4 Use Permit Review for governmental facilities (the Arlington County leaf storage and mulch pile); located at 4634 and 4712 26th St. N. (RPC #03-063-006; -008).

C.M. Recommendation:   Renew the subject use permit subject to all previously approved conditions and one (1) amended condition, with no further scheduled County Board review.




Board Report #5



6. U-3468-16-1 Use Permit Amendment to modify conditions related to the timing of occupancy requirements for The Heights (formerly known as Wilson School); located at 1601 Wilson Blvd. (RPC# 16-032-001).

C.M. Recommendation:   Approve the use permit amendment, subject to all previously approved conditions and modified conditions #19, 20, 22, and 47 as amended in the staff report.




Board Report #6



7. U-3525-18-1 Use Permit Review for a Vehicle Service Establishment (Marca Tire); located at 4615 Columbia Pike (RPC #23-037-004).

C.M. Recommendation:  Renew the use permit for a vehicle service establishment (Marca Tire); located at 4615 Columbia Pike, subject to the previously approved conditions and with an administrative review in one (1) month (December 2019) and another administrative review three (3) years (November 2022) with no further scheduled County Board review




Board Report #7



8. U-3565-19-1 Use Permit for a family day care home for up to 12 children (Maggie’s House); located at 3232 13th St. S. (RPC# 32-017-025).

C.M. Recommendation:   Approve the use permit for a family day care home with up to 12 children (Maggie’s House), subject to the proposed conditions of the staff report, and with a County Board review in one (1) year (November 2020).




Board Report #8



9. U-3566-19-1 Use Permit for a family day care home for up to 12 children (A for Apple Charmaine’s Daycare); located at 5220 5th St. N. (RPC# 13-044-045).

C.M. Recommendation:   Approve the use permit for a family day care home with up to 12 children (A for Apple Charmaine’s Daycare), subject to the proposed conditions of the staff report, and with a County Board review in one (1) year (November 2020).




Board Report #9



10. U-3567-19-1 Use Permit for a veterinary clinic (Clarendon Animal Care @ Centro); located at 940 S. George Mason Drive (RPC# 23-034-017).

C.M. Recommendation:   Approve the use permit for a veterinary clinic, subject to the proposed conditions of the staff report, with a County Board review in one year (November 2020).




Board Report #10



 
Vacations, Easements, Encroachments, Leases and Other Dispositions of Public Property



11. Ordinance of vacation to vacate a portion of the right-of-way for Crystal Drive located on the western boundary of Crystal Drive near the intersection of Crystal Drive and 15th Street South, adjacent to the northeastern portion of Parcel 2A, Crystal Square, RPC# 34-020-273, with conditions.

C.M. Recommendation:   Enact the ordinance of vacation (attached to the staff report) to vacate a portion of the right-of-way for Crystal Drive located on the western boundary of Crystal Drive near the intersection of Crystal Drive and 15th Street South, adjacent to the northeastern portion of Parcel 2A, Crystal Square, RPC# 34-020-273, with conditions. In addition, authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to execute, on behalf of the County Board, the deed of vacation and all other documents or deeds necessary to effectuate the ordinance of vacation (attached to the staff report), subject to approval as to form by the County Attorney.




Board Report #11



12. Deed of easement from Sarah A. Nedolast to The County Board of Arlington County, Virginia, granting to the County a permanent easement for sanitary sewer purposes on a portion of the property located at 4000 Vacation Lane, in Arlington County, Virginia (RPC# 05046023).

C.M. Recommendation:   Approve the deed of easement, attached (to the staff report) as Exhibit 1, from Sarah A. Nedolast to The County Board of Arlington County, Virginia, granting to the County a permanent easement for sanitary sewer purposes on a portion of the property located at 4000 Vacation Lane, in Arlington County, Virginia (RPC# 05046023). In addition, authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to accept, on behalf of the County Board, the deed of easement (attached to the staff report), subject to approval as to form of all documents by the County Attorney.




Board Report #12



13. Deed of temporary easement and construction agreement and deed of utilities easement on property of Barcroft Number Ten, Incorporated designated as RPC# 27001005; Deed of temporary easements and construction agreement and deed of utilities easement Barcroft on property of Number Ten, Incorporated designated as RPC# 27001004; deed of temporary easements and construction agreement, deed of easement, and deed of utilities easement on property of Basil M. DeLashmutt, et al designated as RPC# 27002004; and deed of temporary easements and construction agreement, deed of easement, deed of utilities easement, and deed of utilities easement on property of Barcroft Associates designated as RPC# 27002001, all for the Columbia Pike Multi-modal Project.

C.M. Recommendation:   (1) Approve the attached deed of temporary easement and construction agreement, attached (to the staff report) as Exhibit 1, and the attached Deed of Utilities Easement, attached (to the staff report)as Exhibit 2, each from Barcroft Number Ten, Incorporated, to The County Board of Arlington County, Virginia, granting to the County a temporary easement and a permanent easement on portions of the property located at 4110 Columbia Pike, in Arlington County, Virginia (RPC# 27001005). (2) Approve the deed of temporary easements and construction agreement, attached( to the staff report) as Exhibit 3, and the deed of utilities easement, attached (to the staff report) as Exhibit 4, each from Barcroft Number Ten, Incorporated, to The County Board of Arlington County, Virginia, granting to the County temporary easements and a permanent easement on portions of the property located at 4140 Columbia Pike, in Arlington County, Virginia (RPC# 27001004). (3) Approve the deed of temporary easements and construction agreement, attached (to the staff report) as Exhibit 5, the deed of easement, attached (to the staff report) as Exhibit 6, and the deed of utilities easement, attached (to the staff report) as Exhibit 7, each from Basil M. DeLashmutt, Jr., et al, to The County Board of Arlington County, Virginia, granting to the County temporary easements and permanent easements on portions of the property located at 4200 Columbia Pike, in Arlington County, Virginia (RPC# 27002004). (4) Approve the deed of temporary easements and construction agreement, attached (to the staff report) as Exhibit 8, the Deed of Easement, attached (to the staff report) as Exhibit 9, the deed of utilities easement, attached (to the staff report) as Exhibit 10, and the Deed of Utilities Easement, attached (to the staff report) as Exhibit 11, each from Barcroft Associates to The County Board of Arlington County, Virginia, granting to the County temporary easements and permanent easements on portions of the property located at 1100 S. Thomas St., in Arlington County, Virginia (RPC# 27002001). (5) In addition, authorize the Real Estate Bureau Chief, or his designee, to accept and execute all the referenced deeds (attached to the staff report), subject to the approval as to form of the such deeds by the County Attorney.




Board Report #13



14. Deed of easements from (the) Unit Owners of the Ridge House, as Grantor, to The County Board of Arlington County, Virginia, as Grantee, granting to the County permanent easements on portions of the property located at 1301 S. Arlington Ridge Road, in Arlington County, Virginia (RPC# 35006007).

C.M. Recommendation:   Approve the deed of easements, attached (to the staff report) as Exhibit 1, between (the) Unit Owners of the Ridge House and The County Board of Arlington County, Virginia, granting to the County permanent easements on portions of the property located at 1301 S. Arlington Ridge Road, in Arlington County, Virginia (RPC# 35006007). In addition, authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to accept, on behalf of the County Board, the deed of easements (attached to the staff report), subject to approval as to form of all documents by the County Attorney.




Board Report #14



15. Ordinance of encroachment to permit the encroachment of: 1) light pole foundations and arm areas and overhead strings of lights; and 2) fencing and associated tray tops, all into an existing easement for public street and utilities purposes in sidewalk area along the western side of South Hayes Street and associated with an outdoor cafe in front of Pentagon City Mall, on property known as Parcel C-2-B-5 Fashion Centre Associates, RPC #35-005-029, with conditions.

C.M. Recommendation:   Enact the ordinance of encroachment (attached to the staff report) to permit the encroachment of: 1) light pole foundations and arm areas and overhead strings of lights; and 2) fencing and associated tray tops, all into an existing easement for public street and utilities purposes in sidewalk area along the western side of South Hayes Street and associated with an outdoor cafe in front of Pentagon City Mall, on property known as Parcel C-2-B-5 Fashion Centre Associates, RPC #35-005-029, with conditions.




Board Report #15



 
Ordinances, Plans and Policies



16. Request to authorize advertisement of public hearings by the Planning Commission and County Board to consider proposed amendments to Articles 4, 6, 7, 12, 14, and 18 of the Arlington County Zoning Ordinance (ACZO) to permit the establishment of assisted living facilities, independent living facilities, nursing homes, and continuing care retirement communities in an additional 18 zoning districts, to establish new definitions for undefined terms and revise existing definitions, to establish new minimum parking standards for elder care uses, to add site plan criteria and findings for elder care uses to the Residential Use Standards, to revise and update the terminology used in the household living and group living residential use categories, and to make other editorial changes for purposes of clarity.

C.M. Recommendation:   Adopt the resolution (attached to the staff report) to authorize advertisement of public hearings by the Planning Commission on December 2, 2019, and by the County Board on December 14, 2019, to consider proposed amendments to Articles 4, 6, 7, 12, 14, and 18 of the Arlington County Zoning Ordinance (ACZO) to permit the establishment of assisted living facilities, independent living facilities, nursing homes, and continuing care retirement communities in 14 zoning districts; to establish new definitions for undefined terms and revise existing definitions; to establish new minimum parking standards for elder care uses; to add site plan criteria and findings for elder care uses to the Residential Use Standards; to revise and update the terminology used in the household living and group living residential use categories; and to make other editorial changes for purposes of clarity.




Board Report #16



17. Request to amend, reenact, and recodify Chapter 46 (Arlington County Employees Supplemental Retirement System--II) of the Code of Arlington County, Virginia to amend Article IV, Sections 46-1, 46-29 and 46-31, relating to Membership Service Credit to allow employees to purchase of up to 4 years prior public service as creditable service in the Arlington County Employees’ Supplemental Retirement System (ACERS) and to incorporate minor technical clarifications regarding membership service credit.

C.M. Recommendation:   Adopt an amendment to Chapter 46 (Retirement Ordinance) to allow employees the option to purchase up to 4 years of prior active duty military service, any local government service or public safety service in the ACERS and to incorporate minor technical clarifications regarding membership service credit.




Board Report #17



 
Other



18. This item was removed.



19. Non-disclosure agreement between Arlington County and JBG Associates, L.L.C, for the purpose of sharing information, including about the ConnectArlington network, in connection with discussions regarding JBGs vision for a ubiquitous connectivity solution for wireless and fiber connectivity to public spaces and buildings within Arlington County.

C.M. Recommendation:   Approve the non-disclosure agreement (NDA, attached to the staff report) between Arlington County and JBG Associates, L.L.C; and authorize the County Manager, or his designee, to execute the NDA on behalf of the County Board, subject to approval as to form by the County Attorney.




Board Report #19 (Posted 11-13-2019)



20. Preliminary Adoption of the Calendar Year 2020 County Board Meeting Schedule.

C.M. Recommendation:  Tentatively adopt the Calendar Year (CY) 2020 County Board Meeting Schedule attached to (the staff) report.




Board Report #20 (Posted 11-13-2019)



 
* Non-Public Hearing Items (Items 21-36) County Board members ONLY may request removal of the following items:



 
Capital Projects



21. Funding Request for Neighborhood Conservation (NC) Program projects.

C.M. Recommendation:   Approve the use of a total of $3,015,078 of Neighborhood Conservation bond funds for the priority neighborhood projects listed in Attachment A as approved by the Neighborhood Conservation Advisory Committee (NCAC) for spring 2019 and authorize the County Manager to proceed with implementation of these projects.




Board Report #21



22. Award of Contract No. 20-104-ITB to Juniper Construction Company, Inc. for construction services at the Bozman Government Center 3rd Floor County Manager Office (CMO) Suite renovation at 2100 Clarendon Blvd. Arlington, VA 22201.

C.M. Recommendation:   Approve the award of Contract Number 20-104-ITB between the Arlington County Board and Juniper Construction Company, Inc. to provide construction services for the Bozman Government Center 3rd Floor CMO Suite renovation at 2100 Clarendon Blvd. Arlington in an amount not to exceed $631,535.17 plus a contingency of $126,307 for a total contract authorization of $757,842.17. In addition, authorize the Purchasing Agent to execute the Contract, subject to legal review by the County Attorney.




Board Report #22



 
Appropriations, Grant Applications and Other Contracts



23. Administration of up to $500,000 in Economic Development Incentive (EDI) Grant funds from Arlington County for the purpose of retaining the Public Broadcasting Service (PBS) in Arlington at 1225 S. Clark St. in Crystal City, subject to the terms and conditions of the local Agreement among Arlington County, the Industrial Development Authority (IDA and PBS.

C.M. Recommendation:   Approve and authorize the County Manager to sign, on behalf of the Arlington County Board, the agreement (attached to the staff report) among Arlington County, the Industrial Development Authority (IDA) and PBS, which outlines the disbursement and management terms and conditions of the EDI Grant, subject to approval as to form by the County Attorney. In addition, allocate to PBS, subject to the terms and conditions of the agreement, $500,000 over a three-year period for the economic development purpose of retaining PBS at 1225 S. Clark St., retaining 500 jobs and 120,328 occupied square feet.




Board Report #23



24. Acceptance and allocation of $450,000 from the Commonwealth Opportunity Fund (COF) of the Commonwealth of Virginia to be transferred to the Industrial Development Authority of Arlington County, Virginia (the Authority) and then to Incentive Technology Group, LLC (ITG), subject to the terms and conditions of the COF Agreement among Arlington County, the Authority, the Virginia Economic Development Partnership (VEDP) and ITG.

C.M. Recommendation:   (1) Authorize the County Manager to sign, on behalf of the Arlington County Board, the agreement (attached to the staff report) among Arlington County, the Authority, VEDP and ITG, which outlines the disbursement and management terms and conditions of the COF Grant, subject to approval as to form by the County Attorney. (2) Authorize Arlington County to accept $450,000 from the COF, which will be transferred to the Authority and to ITG, subject to the terms and conditions of the Agreement among Arlington County, the Authority, VEDP and ITG. (3) In addition, allocate to ITG, subject to the terms and conditions of the Agreement, $450,000 received from the COF for inducing the company to expand to Arlington, make a capital investment of $5,085,000, retain its 224 existing full-time jobs, and create 128 new jobs in Arlington County, at an average annual wage of $122,405.




Board Report #24



25. Resolution of support for NOVA Parks application to the Northern Virginia Transportation Authority (NVTA) for the Fiscal Year (FY) 2024 and FY 2025 NVTA Six Year Program (SYP) Update for regional transportation funding.

C.M. Recommendation:   Adopt the resolution (attached to the staff report) supporting NOVA Parks application to the NVTA for the FY 2024 and FY 2025 SYP update for regional transportation funding.




Board Report #25



26. Application to the Northern Virginia Transportation Authority (NVTA) for the Fiscal Year (FY) 2024 and FY 2025 Six-Year Program Update for regional transportation funding

C.M. Recommendation:   Adopt the resolution (attached to the staff report) authorizing Arlington County's application to the NVTA for funding in an amount of $33,510,000 for one project under the FY 2024 and FY 2025 SYP Update for regional transportation funding. In addition, authorize the County Manager, or his designee, to execute a Standard Project Agreement for the approved project, subject to approval of such agreement as to form by the County Attorney




Board Report #26 (Posted 11-13-2019)



#26-Letter from the Public (Posted 11-13-2019)



27. Approval of Virginia Department of Transportation (VDOT) Project Administration Agreement for Capital Bikeshare Capital Maintenance.

C.M. Recommendation:   (1) Accept $750,000 in Congestion Mitigation and Air Quality (CMAQ) funding from VDOT. (2) Approve the resolution indicating County Manager authority to execute all documents related to the project agreement (Attachment A of the staff report). (3) Approve the project agreement between the County of Arlington and VDOT (Attachment B of the staff report). (4) Appropriate $600,000 in CMAQ grant funds from VDOTs federal funds (330.371454. 43520.BS02. V958) to DES (330.483010. 43520.BS02. V958) for Capital Bikeshare Capital Maintenance. (5) In addition, appropriate $150,000 in CMAQ grant funds from VDOTs state funds (to the DES (330.371454. 43520.BS02. V958) for Capital Bikeshare Capital Maintenance).




Board Report #27



28. Memorandum of Agreement (MOA) between the Arlington County Department of Human Services (DHS) and Meals on Wheels of Northern Virginia, Inc. (MOW) for the operation of the Home-Delivered meals program.

C.M. Recommendation:   Approve the MOA (Attachment A of the staff report) between the Arlington County Department of Human Services and Meals on Wheels of Northern Virginia, Inc. to operate the Home-Delivered meals program. In addition, authorize the County Manager or his designee to execute the MOA on behalf of the County Board in a form approved by the County Attorney.




Board Report #28



29. Acceptance and appropriation of a 2019 Virginia Department of Criminal Justice Services (DCJS) Byrne/JAG Grant.

C.M. Recommendation:   Authorize the County Manager or his designee to accept $65,225 in competitive grant funds under a 2019 Commonwealth of Virginia Department of Criminal Justice Services (VA DCJS) Byrne/Justice Assistance Grant (JAG) Program, and to execute any required grant agreements in a form approved by the County Attorney. In addition, appropriate $65,225 in federal grant funds in Fiscal Year (FY) 2020 from the VA DCJS (101.374900) to the Arlington County Police Department (101.31202) for costs associated with approved Byrne/JAG grant activities in FYs 2020 and 2021.




Board Report #29 (Posted 11-13-2019)



30. Deed of easement and subordination from Bo-Bud Acquisitions, LLC, granting to the County Board of Arlington County, Virginia a permanent easement on a portion of the property located at 2370 N. Taylor St., Arlington, VA (RPC# 05-026-013).

C.M. Recommendation:   Accept the deed of easement and subordination, attached (to the staff report) as Attachment 1, from B-Bud Acquisitions, LLC (Owner), granting to the County Board of Arlington County, Virginia a permanent easement for sidewalk and utilities on the property located at 2370 N. Taylor St., Arlington, VA (RPC# 05-026-013). In addition, authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to accept the deed of easement and subordination, (attached to the staff report) on behalf of the County Board, subject to approval as to form of the Deed of Easement and Subordination by the County Attorney.




Board Report #30



31. Deed of temporary easement and construction agreement from Linden R. Hill, granting to the County Board of Arlington County, Virginia two (2) temporary construction easements on a portion of the property located at 18th Street North and North Glebe Road, RPC # 07-006-342.

C.M. Recommendation:   Accept the deed of temporary easement and construction agreement, attached (to the staff report) as Attachment 1, from Linden R. Hill, granting to the County Board of Arlington County, Virginia two (2) temporary construction easements on a portion of the property located at 18th Street North and North Glebe Road, RPC # 07-006-342. In addition, authorize the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to accept the deed of temporary easement and construction agreement, on behalf of the county board, subject to approval as to form of the deed of temporary easement and construction agreement by the County Attorney.




Board Report #31



 
Requests to Advertise



32. This item was removed.



33. Request to authorize advertisement of an amendment to the Master Transportation Plan (MTP) Map to remove a section of 14th Road South, east of South Elm Street.

C.M. Recommendation:   Adopt the resolution (attached to the staff report) to authorize advertisement of public hearings to be held at the December 2, 2019, Planning Commission meeting and the December 14, 2019, County Board meeting to consider an amendment of the Master Transportation Plan (MTP) Map to remove a section of 14th Road South, east of South Elm Street.




Board Report #33



#33-Letter from the Public (Posted 11-14-2019)



34. Request to authorize advertisement of a public hearing to consider an ordinance to Amend, Reenact, and Recodify Chapter 62 (Pawnbrokers and Precious Metals Dealers, Dealers in Firearms, Itinerant Merchants, and Dealers in Secondhand Articles) of the Code of Arlington County, Virginia, to amend Section 62-1 through 62-47 and consider changes to the application and renewal fees.

C.M. Recommendation:   Authorize advertisement of a public hearing to be held December 14, 2019, to consider: (1) A proposed amendment to Chapter 62 (Pawnbrokers and Precious Metals Dealers, Dealers in Firearms, Itinerant Merchants, and Dealers in Secondhand Goods and Articles) of the Code of Arlington County, Virginia, to amend Sections 62-1 through 62-54 pursuant to the authority of Virginia Code § 15.2-1232.1; §§ 59.1-116.1-136.7; and Chapters 40 and 41of Title 54.1, of the Code of Virginia, 1950, as amended; and (2) Changes to the Arlington County Police Department (ACPD) Pawnbrokers, Precious Metals Dealers, and Dealers in Secondhand Articles application and renewal fees.




Board Report #34 (Posted 11-13-2019)



 
Other (Housing Loans, Minutes, etc.)



35. Amendment of the County Board’s June 2, 2016, Affordable Housing Investment Fund Loan Agreement with Columbia Hills East Limited Partnership in order to account for and prioritize the monthly loan payments on a subordinate Virginia Housing Trust Fund financed $750,000 loan to Columbia Hills East Limited Partnership from Arlington Partnership for Affordable Housing, Inc.

C.M. Recommendation:   Authorize and Direct the County Manager to execute, on behalf of the County Board, the first amendment (attached to the staff report) to the Arlington County Affordable Housing Investment Fund Loan Agreement with Columbia Hills East Limited Partnership, subject to approval as to final form by the County Attorney.




Board Report #35



36. Minutes



#36-Minutes from the County Board October 19, 2019 Meeting



#36-Minutes from the County Board October 22, 2019 Recessed Meeting



III. REGULAR HEARING ITEMS


37. Harris Teeter, North Thomas Street and North Glebe Road



A. GP-347-19-1 General Land Use Plan Amendment from "Low-Medium" Residential (16-36 units per acre) to "High-Medium Residential Mixed-Use" (up to 3.24 FAR including associated office and retail activities) for an area at 525 North Thomas Street; and identified as RPC# 20-012-009.



B. Z-2612-19-1 Rezoning from "S-D" Special Development District, "RA8-18" Multiple-family Dwelling District, "C-2" Service Commercial-Community Business District, and "C-O-2.5" Mixed Use District to "R-C" Multiple-family Dwelling and Commercial District; located at 525 North Thomas Street, 640 North Glebe Road, 624 North Glebe Road, 616 North Glebe Road, and 600 North Glebe Road, identified as RPC# 20-012-009, -018, -019, -020, -021, and -024.



C. SP #72 Site plan amendment to remove site area from the subject site plan; for the parcels located at 600 north glebe Road and 525 North Thomas Street (RPC# 20-012-021, and 20-012-009).



D. SP #315 Site Plan Amendment to incorporate approximately 255,939 sq. ft. of site area into the site plan; to permit up 3.24 FAR of retail and residential uses, with modifications of zoning ordinance requirements including: reduced loading, reduced parking ratios, and other modifications as necessary to achieve the proposed development plan; located at 525 North Thomas Street, 640 North Glebe Road, 624 North Glebe Road, 616 North Glebe Road, and 600 North Glebe Road (RPC# 20-012-009, -018, -019, -020, -021, and -024).



E. SP315-19-1 Use Permit associated with a site plan for a new public open space in the "R-C" Multiple-family Dwelling and Commercial District; located at 525 North Thomas Street, and a portion of 624 North Glebe Road and 616 North Glebe Road (RPC# 20-012-009, -019, -020).

C.M. Recommendation:   (1) Adopt the resolution (attached to the staff report) to amend the General Land Use Plan from "Low-Medium" Residential (16-36 units per acre) to "High-Medium Residential Mixed-Use" (up to 3.24 FAR including associated office and retail activities) for an area at 525 North Thomas Street; and identified as RPC# 20-012-009. (2) Adopt the ordinance (attached to the staff report) to rezone the properties known as 525 North Thomas Street, 640 North Glebe Road, 624 North Glebe Road, 616 North Glebe Road, and 600 North Glebe Road (RPC# 20-012-009, -018, -019, -020, -021, and -024) from "S-D" Special Development District, "RA8-18" Multiple-family Dwelling District, "C-2" Service Commercial-Community Business District, and "C-O-2.5" Mixed Use District to "R-C" Multiple-family Dwelling and Commercial District, and related update to ACZO Map 13-1 to amend Line A to encompass the property. (3) Adopt the ordinance (attached to the staff report) to amend Site Plan #72 to remove site area from the subject site plan; for the parcels located at 600 North Glebe Road and 525 North Thomas Street (RPC# 20-012-021, and 20-012-009), subject to the conditions of the ordinance. (4) Adopt the ordinance (attached to the staff report) to amend Site Plan #315 to incorporate approximately 255,939 sq. ft. of site area into the site plan; to construct up to 3.24 FAR of retail and residential uses, with modifications of zoning ordinance requirements including: reduced loading, reduced parking ratios, and other modifications as necessary to achieve the proposed development plan; located at 525 North Thomas Street, 640 North Glebe Road, 624 North Glebe Road, 616 North Glebe Road, and 600 North Glebe Road (RPC# 20-012-009, -018, -019, -020, -021, and -024), subject to the conditions of the ordinance. (5) In addition, approve the subject use permit (SP315-U-19-1) for a new public park/open space in the "R-C" Multiple-family Dwelling and Commercial District, subject to the conditions of the staff report, with no further scheduled County Board review.




PC Recommendation:  (1)  The Planning Commission recommends that the County Board adopt the attached resolution to amend the General Land Use Plan from "Low-Medium" Residential (16-36 units per acre) to "High-Medium Residential Mixed-Use" (up to 3.24 FAR including associated office and retail activities) for an area at 525 North Thomas Street; and identified as RPC#20-012-009.  (2) The Planning Commission recommends that the County Board adopt the attached ordinance to rezone the properties known as 525 North Thomas Street, 640 North Glebe Road, 624 North Glebe Road, 616 North Glebe Road, and 600 North Glebe Road (RPC# 20-012-009, -018, -019, -020, -021, and -024) from "S-D" Special Development District, "RA8-18" Multiple-family Dwelling District, "C-2" Services Commercial-Community Business District, and "C-0-2.5" Mixed Use District to "R-C" Multiple-family Dwelling and Commercial District. (3) The Planning Commission recommends that the County Board adopt the attached ordinance to amend Site Plan #72 to remove site area from the subject site plan; for the parcels located at 600 North Glebe Road and 525 North Thomas Street (RPC# 20-012-021, and 20-012-009), subject to the conditions of the ordinance. (4) The Planning Commission recommends that the County Board adopt the attached ordinance to amend Site Plan #315 to incorporate approximately 255,939 sq. ft. of site area into the site plan; to construct approximately 3.21 FAR of retail and residential uses, with approximately 77,575 sq. ft. of retail space and approximately 732 multi-family residential units; with modifications of zoning ordinance requirements including: reduced loading, reduced parking ratios, and other modifications as necessary to achieve the proposed development plan; located at 525 North Thomas Street, 640 North Glebe Road, 624 North Glebe Road, 616 North Glebe Road, and 600 North Glebe Road (RPC# 20-012-009, -018, -019, -020, -021, and -024), subject to the conditions of the ordinance.  (5) The Planning Commission recommends that the County Board approve the subject use permit (SP315-19-1) for a new public open space in the "R-C" Multiple-family Dwelling and Commercial District, subject to the conditions of the staff report, with no further scheduled County Board review.



# 37 Staff Presentation



#37. A-E.-Supplemental Report (Revised Subject, Recommendation, Ordinance and Conditions-Posted 11-15-2019)



Board Report #37. A.-E. (Posted 11-13-2019)



Board Report #37 A-E. -Attachment (4.1 Drawings)



#37-Letter from the Planning Commission (Posted 11-13-2019)



#37-Letters from the Public (Posted 11-13-2019)



F. Ordinances of vacation to vacate: 1) a portion of a 10-foot storm sewer easement; and 2) a 15-foot public water service easement, both on property known as 600 N. Glebe Road, RPC# 20-012-021, with Conditions.

C.M. Recommendation:   Enact the ordinances of vacation (attached to the staff report) to vacate: 1) a portion of a 10-foot storm sewer easement; and 2) a 15-foot public water service easement, both on property known as 600 N. Glebe Road, RPC# 20-012-021 (the Property), with conditions. In addition, authorize the Real Estate Bureau Chief, Department of Environmental Services, to execute, on behalf of the County Board, the deed(s) of vacation and any other documents necessary to effectuate the ordinances of vacation set forth in Attachments 1 and 2 attached (to the staff report), subject to approval of all such documents as to form by the County Attorney.




Board Report #37. F.



 
Items Related to Jennie Dean Park (#38 &39 )



38. Jennie Dean Park



A. GP348-19-1 Amendment to the General Land Use Plan to change the land use designation from Service Industry to Public and to add a General Location for Open Space triangle at Jennie Dean Park;



B. Master Transportation Plan Amendment to remove a portion of 27th Street South between South Nelson Street and the point where the west boundary line of the WETA property (RPC #29-002-001) and the southern edge of 27th Street South intersect;



C. Certification of Transferable Development Rights by the County Board for the purpose of preserving open space on six County-owned parcels totaling an area of 133,550 square feet (RPC #29-022-002, -006, -008, -009, -010, and a portion of 29-002-003) and the former right-of-way for 27th Street South from the street centerline to the northern edge of the right-of-way totaling an area of approximately 3,814 square feet, with a combined total area of 137,364 square feet; and



PC Recommendation:  (1) The Planning Commission recommends that the County Board amend the General Land Use Plan to change the land use designation from Service Industry to Public for the parcels shown on Attachment 1 of the Draft Staff Report dated October 24, 2019 and add a General Location for Open Space triangle as shown on the same attachment.  (2) The Planning Commission recommends that the County Board amend the Master Transportation Plan to remove a portion of 27th Street South between South Nelson Street and the point where the west boundary line of the WETA property and the southern edge of 27th Street South intersect.  (3) The Planning Commission recommends that the County Board rezone 7 parcels as depicted on the attachment to the Draft Staff Report concerning Jennie Dean Park dated October 24, 2019 from M-1 and S-3A to P-S.  (4) The Planning Commission recommends that the County Board certify the transfer of development rights for the for the purpose of preserving open space on six County-owned parcels totaling an area of 133,550 square feet and the former right-of-way for 27th Street South from the street centerline to the northern edge of the right-of-way totaling an area of approximately 3,814 square feet, with a combined total area of 137,364 square feet.  (5) The Planning Commission recommends that the County Board designate any and all funds collected from the transfer of density be allocated specifically to improvements to realize the Four Mile Run Area Plan.



# 38 Staff Presentation



Board Report #38. A-D.



#38-Letter from the Planning Commission (Posted 11-13-2019)



#38-Letters from the Public (Posted 11-14-2019)



D. Z-2610-19-1 Rezoning from the M-1 Light Industrial District and the S-3A Special District to the P-S Public Service District for seven parcels (RPC #29-002-003, -004, 29-022-002, -006, -008-, -009, -010).

C.M. Recommendation:   (1) Adopt the resolution (attached to the staff report) to amend the General Land Use Plan from Service Industry to Public for the general area between South Four Mile Run Drive, Shirlington Road, South Nelson Street, and 27th Street South, and to add a General Location for Open Space triangle at Jennie Dean Park (Attachment 1 of the staff report). (2) Adopt the resolution (attached to the staff report) to amend the Master Transportation Plan to remove a portion of 27th Street South, located between South Nelson Street and the point where the west boundary line of the WETA property (RPC #29-002-001) and the southern edge of 27th Street South intersect (Attachment 2 of the staff report). (3) Adopt the resolution (attached to the staff report) certifying 206,046 square feet of gross floor area as transferable development rights on County-owned property located within Jennie Dean Park ("Sending Site") for the purpose of open space and developing community recreation facilities (Attachment 3of the staff report). (4) In addition, adopt the ordinance (attached to the staff report) to rezone from the M-1 Light Industrial District and the S-3A Special District to the P-S Public Service District (RPC #29-002-003, -004, 29-022-002, -006, -008-, -009, -010) (Attachment 4 of the staff report).




E. Ordinance of Vacation for the vacation of a portion of 27th Street South

C.M. Recommendation:   (1) Enact the ordinance of vacation (attached to the staff report) to vacate a portion of 27th Street South from South Nelson Street to the west boundary line of the property owned by Greater Washington Educational Telecommunications Association (WETA). In addition, (2) authorize the Real Estate Bureau Chief, Department of Environmental Services, to execute, on behalf of the County Board, all deeds and other documents necessary to effectuate the ordinance to vacate a portion of 27th Street South, subject to approval of such documents as to form by the County Attorney.




Board Report #38 E.



39. Award of Contract No. 19-173-RFP to MCN Build, Inc. for Construction Management at Risk services for Phase 1 Renovations of Jennie Dean Park, located at 3630 27th St. S.

C.M. Recommendation:   Approve the award of Contract No. 19-173-RFP between the Arlington County Board and MCN Build, Inc. to provide Construction Management at Risk (CMAR) services for pre-construction and construction services for Phase 1 renovations to Jennie Dean Park at 3630 27th St. S. at the not to exceed Guaranteed Maximum Price (GMP) of $13,842,000, plus a County-held contingency amount of $1,661,040 for a total authorization of $15,503,040. In addition, authorize the Purchasing Agent to execute the contract documents, subject to legal review by the County Attorney.




#39-Staff Presentation



Board Report #39



40. ZOA-2019-10 and GP-349-19-1 Adoption of amendments to Articles 7, 9, 12, 15, and 18 of the Arlington County Zoning Ordinance (ACZO) and the General Land Use Plan Map and Booklet to:



A. Modify the bonus density and height provisions to facilitate implementation of the Arlington County Comprehensive Plan, and make other associated changes for clarification and organizational purposes; and



B. Modify the "Low- or Moderate-Income" definition.

C.M. Recommendation:   Adopt the ordinance (attached to the staff report) to amend, reenact, and recodify Articles 7, 9, 12, 15 and 18 of the Arlington County Zoning Ordinance (ACZO) (as shown in Attachment 1A of the staff report) and the attached resolution to amend the General Land Use Plan Map and Booklet (as shown in Attachment 2 of the staff report) to: (A) Modify bonus density and height provisions and make other changes for clarification, consistency, and organizational purposes to facilitate implementation of the Arlington County Comprehensive Plan; and (B) Modify the "Low- or Moderate-Income" definition to provide greater flexibility in facilitating affordable housing.




PC Recommendation: (1)  The Planning Commission recommends that the County Board adopt the ordinance (attached to the staff report) to amend, reenact, and recodify those provisions Articles 7, 9, 12, and 15 of the Arlington County Zoning Ordinance (ACOZ) pertaining to bonus density and height (as shown in Attachment 1A of the staff report) and the resolution (attached to the staff report) to amend the General Land Use Plan Map and Booklet (as shown in Attachment 2 of the staff report). (2) The Planning Commission recommends that the County Board adopt the provisions in the attached Ordinance that would amend, reenact, and recodify Article 18 of the Arlington County Zoning Ordinance (as shown in Attachment 1A 2 of the staff report), subject to the inclusion of additional language that proscribes any definition of "Low or Moderate Income" that would exceed 120 percent of median household income.



#40  Staff Presentation



Board Report #40



#40-Letter from the Planning Commission (Posted 11-13-2019)



#40-Letters from the Public (Updated 11-14-2019)



41. Amendments to Chapter 14.2, Article II of the Arlington County Code regulating riding and parking of motorized scooters, motorized skateboards and power-assisted bicycles on County streets, sidewalks and multi-use trails, and the addition of Article X (Shared Micro-Mobility Services For-Hire, Permit Program) a permit system for the regulation of private companies offering motorized scooters, motorized skateboards or power-assisted bicycles for-hire on County street rights-of-way.

C.M. Recommendation:   Enact amendments to Chapter 14.2 (Motor Vehicles and Traffic) of the Arlington County Code relating to the use of Micro-Mobility Devices and issuance of permits for the use of County right-of-way and public rental of such Devices, to be effective on December 31, 2019. In addition, authorize the County Manager to allow Micro-Mobility Device Companies who have submitted permit applications by the effective date of the ordinance to operate pending the County Manager or designee's determination on the application.




#41 Staff Presentation



Board Report #41



#41-Letters from the Public (Posted 11-13-2019)



42. Presentation of the 2020 General Assembly Session legislative proposals.

C.M. Recommendation:   Conduct a public hearing on the legislative proposals which will then be under consideration for adoption at the December 14, 2019, County Board Meeting.




Board Report #42



#42-Letters from the Public (Posted 11-14-2019)



IV. ADDITIONAL ITEMS


GENERAL INFORMATION
 
The Arlington County Board generally meets once a month on Saturdays with a corresponding recessed meeting on Tuesday within a week of the initial regular meeting. The Board typically does not meet during the month of August. The meetings are open to the public. For more information, or to obtain the meeting schedule, telephone the County Board Office at 703-228-3130 (TTY 703-228-4611) on weekdays from 8 a.m. to 5 p.m.
 
A Spanish Language interpreter is present for the regular Saturday Board meeting, from 8:30 to 10:30 a.m. Persons needing Spanish language interpretation services are encouraged to contact the County Board Clerk at least three days in advance of the meeting at 703 228-3130 (TTY 703-228-4611), or notify the Clerk the morning of the meeting. Interpretation services also are available for recessed meetings if requested no less than one day in advance by calling the above number. Persons needing a sign language interpreter, assisted listening devices, alternate format materials, or other accommodation for qualified individuals with disabilities as described in the American with Disabilities Act should contact the County Board Office at 703-228-3130 or email arlingtonboard@arlingtonva.us no less than three days in advance of the meeting. In addition, the County offers closed-captioning services for all County Board meetings
 
Those who cannot attend the meetings may watch them live on the web at tv.arlingtonva.us and from a link on the Arlington County home page www.arlingtonva.us the day of the meeting. Viewers can also watch live meetings on Arlington TV on Comcast channels 25 and 74 and Verizon FiOS channels 39 and 40, or view repeats on Comcast 74 and Verizon 39. Viewers can obtain information about televised meetings and repeats at http://tv.arlingtonva.us/schedule, and watch archived meetings and search for individual items on line by clicking on the Watch Board Meetings online link on the County Board web page (http://countyboard.arlingtonva.us) or by going directly to the County Board Meetings and Agendas web page.
 
 
INFORMACION GENERAL
 
Generalmente, la Junta del Condado de Arlington se reúne una vez al mes los sábados con una reunión pospuesta el martes correspondiente de la semana de la reunión ordinaria inicial. Habitualmente, la Junta no se reune durante el mes de agosto. Las reuniones son abiertas al público. Para más información o para obtener el cronograma de reuniones, llame a la oficina de la Junta del Condado al 703-228-3130 (TTY 703-228-4611) los días hábiles de 8 a.m. a 5 p.m.
 
En la reunión ordinaria de la Junta los sábados hay un intêrprete al español presente de 8:30 a 10:30 a.m. Las personas que necesitan servicios de interpretación en español deben comunicarse con la secretaria de la Junta del Condado como mínimo tres dias antes de la reunión al 703 228-3130 (TTY 703-228-4611), o notificar a la secretaria la manana del dia de la reunion. También se brindan servicios de interpretación para las reuniones pospuestas si se solicitan como mínimo con un día de anticipación al número de teléfono que se indica anteriormente. Las personas que necesitan intérprete del lenguaje de señas, dispositivos de audición asistida, materiales en formato alternativo, u otra acomodación para personas con discapacidades según se establece en la ley American with Disabilities Act deben comunicarse con la oficina de la Junta del Condado al 703-228-3130 o enviar un correo electronico a arlingtonboard@arlingtonva.us como mínimo tres días antes de la reunión. El Condado también ofrece servicios de subtitulado para personas con problemas de audicion en todas las reuniones de la Junta del Condado
 
Las personas que no pueden asistir a las reuniones pueden verlas en vivo en la página web en tv.arlingtonva.us y desde un enlace en la página del Condado de Arlington www.arlingtonva.us el dia de la reunión. También se pueden ver las reuniones en vivo en Arlington TV en los canales 25 y 74 de Comcast y en los canales 39 y 40 de Verizon FiOS, o ver las repeticiones en canal 74 de Comcast y 39 de Verizon. Los espectadores pueden obtener información sobre las reuniones televisadas y las repeticiones en http://tv.arlingtonva.us/schedule/, y ver las reuniones archivadas y buscar temas especìficos en lìnea haciendo clic en el enlace Watch Board Meetings online en la página web de la Junta del Condado (http://countyboard.arlingtonva.us) o ingresando directamente en la página web de Agendas y Reuniones de la Junta del Condado.
 
INSTRUCTIONS FOR SPEAKING ON AGENDA ITEMS
 
 
The following instructions are in accordance with the Meeting Procedures adopted by the County Board:
 
Public Comment Period: Held at Saturday Regular Meetings at 8:30 a.m.This is an opportunity for residents to alert the Board of topics not on that days agenda, already decided, or scheduled for future hearings. All persons wanting to speak must submit a speaker slip to the Clerk prior to speaking. Each speaker has up to two minutes to speak. The Board will hear only one speaker per topic.
 
Consent Agenda Items. To speak on a consent agenda item, listed under Public Hearing Items, a citizen must submit a speaker slip at the Saturday regular meeting prior to the consent item being called, identifying all the Consent Agenda item number(s) he or she wants to address on one slip. Submission of a speaker slip will result in the item (s) being removed from the Consent Agenda on Saturday to be heard by the Board at 6:30 p.m. at the following Tuesday Recessed Meeting for public testimony (no speakers will be heard on Saturday). Individuals and organizations have up to three minutes to speak on all matters at the Tuesday meeting, (Example: persons who sign-up to speak on two items, will be called one time to speak a maximum of three minutes on both items.). The Board will hear speakers in a group before discussing the removed Consent Agenda items. Additional speakers may sign-up to testify on the previously removed items at the Tuesday recessed meeting by submitting a speaker slip by 6:30 p.m. Only County Board members may request removal of Non-Public Hearing Items. These items will also be discussed by the County Board at the Tuesday recessed meeting at 6:30 p.m.
 
Regular Hearing: Items (Heard no earlier than 9 a.m. on Saturday, and no earlier than 6:45 p.m. on Tuesday).Speakers intending to address Regular Agenda items first must check if the item is on the agenda for the Saturday or the Tuesday recessed meeting, then submit a speaker slip to the Clerk before the first speaker on the item is called; no slips will be accepted after that time. Individuals may speak for a maximum of two-to-three minutes per agenda item; civic or community organizations representatives may speak for a maximum of two, three, or five minutes. The Clerk will call the two minute speakers first; followed by the three minute speakers second; and, finally, the five minute speakers in the order in which their slips are received in each category.

Individuals may download speaker slips in advance of the meeting by visiting the County Board website, and completing the form online. However, speakers must hand the completed slip to the Clerk in the Board Room the day of the hearing. The Clerk will not accept speaker slips in advance of the meeting.

The Board will accept written materials, not repeating oral testimony. Residents must provide eight copies of the information for County Board members, staff and the public record, and give it directly to the Clerk.

For a full copy of the adopted Meeting Procedures, visit the County Board website or contact the Clerk's Office at 703-228-3130 (703-228-4611 TTY).