(Updated at 11 a.m.) Arlington County is suing three residents and the Ballston-Virginia Square Civic Association over their attempt to stop buses from being parked near their homes.
The county charges that they used the Board of Zoning Appeals (BZA) process improperly to prevent the approval of a special use permit to allow 29 Arlington Transit (ART) buses to park on a county lot across the street from Washington-Liberty High School while a new ART bus facility is built in Green Valley.
The county says the BZA doesn’t have the authority to hear their case and, without an allegation of harm or potential harm not shared by their neighbors, the residents are not “aggrieved parties” and are thus improperly using the appeal process to block the county’s plans.
“The Applicants sought their appeals simply as a way to undermine the County Board’s authority and to prevent the County Board from approving a special exception use permit for the Subject Property, thereby weaponizing the stay required by Va. Code… and in effect usurping the legislative power of the County Board,” per the lawsuit.
But the residents, who live in two of the five homes on a ridge overlooking the parking lot, argue the county is suing them preemptively while running afoul of its own zoning ordinances. Further, they say the bus activity will seriously undercut their property values and quality of life and suggest the county should buy their homes.
The lawsuit says that one resident’s BZA appeal asked the body to “compel the County Board to purchase some of the Applicant’s properties.”
Both the county and the residents declined to comment to ARLnow on the ongoing lawsuit, set for a hearing in Arlington County Circuit Court later this month.
Arlington County bought the largely industrial site, also known as the Buck site after its previous owner, in 2015 for $30 million to serve a variety of needs.
Arlington Public Schools parked “white fleet” vans there and, as part of an agreement in 2022, the county moved the vans from a part of the site zoned for “light industrial” uses to another zoned for “mixed use,” and park the ART buses in the “light industrial” zone.
This violates an ordinance, a site plan and a deed of covenant governing the property dating to 1985, the civic association alleged in a letter to the County Board in May 2022. The letter says county staff made procedural and substantive missteps that should have invalidated the county’s special use permit application and subsequent action to abandon the right-of-way of a former street on the site.
The civic association alleges that this change came after the county already violated zoning ordinances related to parking and landscaping by conducting motorcycle maneuvering training and storing dumpsters in parking areas while, in landscaped areas, letting trees die and English ivy take over.
As for the new use, they say the noise is unbearable, emissions from the Compressed Natural Gas-powered buses are “toxic,” and vibrations shake nearby homes — leading to their properties becoming “unmarketable” and “uninhabitable.” The BVSCA posted the following video of an ART parking exercise on the site last year.
Residents say the county’s real estate office proposed reducing their property assessments by up to $190,000 and heard from four realtors who say they’d be reluctant to list these properties.
The residents assert that this violates county zoning ordinance, which says the County Board cannot grant permits when the proposed use will adversely affect the health and safety of people living or working nearby, would be a detriment to the public welfare, property or neighborhood improvements, or would conflict with county master plans.
The BVSCA took all this to BZA, seeking relief. The county moved forward with the special use permit on May 14 and filed the lawsuit on May 25, 2022. The first hearing for the lawsuit will be later this month, on March 24.
“The County Board has a significant interest in the preservation of its exclusive authority to take legislative actions in land use matters, and in the proper and uniform application of its zoning ordinance and its interpretation of Virginia statute,” the county suit says.
Meanwhile, Arlington County has been working on a plan to replace the fence along the south edge of the property and replenish the landscaping at this location, says spokesman Ryan Hudson.
Last October, the project team provided a briefing to the community and asked for feedback on the proposed plan. An updated landscaping plan based on the feedback received will be shared in March.
The fencing and landscaping upgrades are planned for this spring, he said. The community will be notified prior to the start of work.