ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of April 17, 2021 DATE: April 9, 2021 SUBJECT: SP #386 SITE PLAN AMENDMENT to update the 10 th Street North asphalt color coating design, update the stormwater management requirements to current standards, and remove a 5-foot section of the projecting fin wall from the north facade of the building for the site plan; located at (RPC# ). Applicant: SCD 3901 Fairfax LLC By: Kedrick N. Whitmore Venable LLP 8010 Towers Crescent Dr., Suite 300 Tysons Corner, VA C.M. RECOMMENDATION: Adopt the attached ordinance to approve the site plan amendment, subject to all previously approved conditions and revised Conditions #1, 15, 18, 19, and 21 of the ordinance. ISSUES: No issues have been identified by staff as of the date of this report. SUMMARY: This is a request for a site plan amendment to Site Plan #386 to, (1) modify the 10 th Street North asphalt color coating design approved by the County Board in January 2012 to coordinate with the public plaza design approved by the County Board in November 2020 in accordance with Condition #15; (2) update condition #21 to current site plan condition language which requires the developer to relocate stormwater management facilities from the tree pits in County Manager: ##### County Attorney: ***** Staff: Olivia Sontag, DCPHD, Planning Division Jane Kim, DES, Development Services Diane Probus, DPR, Planning and Development 7.

2 the public right-of-way to the public plaza; and (3) remove a 5-foot section of the projecting fin wall from the north facade of the building. BACKGROUND: On January 21, 2012, the County Board approved a site plan amendment to convert the not-yet-constructed site plan (SP #386) from a mixed-use residential building to a 201,627 square foot mixed-use commercial building containing office space, ground floor retail, a black box theater, and approved an interim use of the site as a temporary public parking lot. The approved site plan also required provision of an on-site, publicly accessible plaza adjacent to North Quincy Street and improvements to the segment of 10th Street North between North Quincy and North Pollard streets to coordinate with the design of the public plaza. Condition #15.i. of the approved site plan required a post-approval process for development of a design concept for the public plaza and 10th Street North that would incorporate the uses and amenities preferred by the community and would meet the goals of the Virginia Square Sector Plan. Consistent with Condition #15.i. of the approved site plan, in April 2012, the developer participated in a County-organized community engagement process facilitated by Project for Public Spaces (PPS) to gather feedback from the Ballston-Virginia Square community to develop a plaza concept and to determine a street design enhancement for 10 th Street North. The plaza concept and the street enhancement design were reviewed at an SPRC meeting in July 2012 and the final landscape plan was approved in January On June 13, 2020, the County Board approved a site plan amendment to permit site and building reconfigurations, and a revision to Condition #15 that, should the developer propose revisions to the approved design of the 10 th Street North plaza, the developer agrees to submit a site plan amendment application and to engage with the County in a public process addressing such proposed revisions. On November 14, 2020, the County Board approved a site plan amendment to modify the design and programming of the public plaza. The review process included two (2) online engagement opportunities and review of the draft plaza concept by the Park and Recreation Commission (PRC). The site plan amendment did not include changes to the 10th Street North asphalt color coating design, however, the applicant expressed interest in reexamining the 10th Street North design at a later date to coordinate the asphalt color coating design with the proposed public plaza design. Since the November 2020 County Board approval of the public plaza design, and in accordance with Condition #15, the applicant proposes revisions to the 10th Street North design to coordinate the asphalt color coating design with the approved public plaza design. The applicant has also worked with staff through an administrative process to update the Civil Engineering Plan (CEP) and the Final Landscape Plan (FLP). During this review, staff identified several necessary stormwater management updates including the need to relocate stormwater management facilities from the tree pits in the public right-of-way to the public plaza which requires a site plan amendment to revise Condition #21. Address / RPC: / RPC# SP# th Street North Amendment - 2 -

3 Neighborhood: Zoning: GLUP: Existing Land Use: The site is in the Ballston-Virginia Square Civic Association and the Ballston Business Improvement District (BID). C-O-2.5 Mixed-Use Zoning Medium Office-Apartment-Hotel (up to 2.5 F.A.R. office density, up to 115 units/acre apartment density, and up to 180 units/acre hotel density). The site also has a triangle denoting a general location for an open space. Located in the Virginia Square Metro station area, the site is 43,524 square feet and is located on the block bounded by 10th Street North to the north, North Pollard Street to the east, Fairfax Drive to the south, and North Quincy Street to the west. The site is currently developed with surface parking and landscaping. Figure 1: View from Fairfax Drive Figure 2: Aerial Photo SP# th Street North Amendment - 3 -

4 DISCUSSION: 10 th Street North Asphalt Color Coating Design On November 14, 2020, the County Board approved a site plan amendment to modify the design and programming of the public plaza. The final concept responded to community input and incorporated a more curvilinear design with trees and planted berms throughout the plaza, a variety of seating areas, and a combination of patterned pavers and tinted concrete with color additives and score lines used for the plaza surfacing. Under the subject site plan amendment, the applicant proposes revisions to the 10 th Street North asphalt color coating design approved by the County Board in January 2012 to coordinate with the plaza design approved by the County Board in November 2020 (Figure 4). The proposed revisions incorporate a curvilinear asphalt color coating design that coordinates with the public plaza design, maintains a mountable curb, and maintains the requirement for installation of a high performance color coating on the asphalt applied in a pattern with two colors and with a white line border separating the on-street parking from the street, in accordance with Condition #15. A final landscape plan was originally approved in January 2013 (Figure 3) and the applicant has since filed an amendment to the Final Landscape Plan (FLP) and a Civil Engineering Plan (CEP) with the Office of the Zoning Administrator to include the public plaza design approved by the County Board in November The applicant has also filed several building permits including Sheeting/Shoring (B ), Footing to Grade (B ), and a Building Permit (B ). Should the County Board approve the revisions proposed in this subject site plan amendment, the applicant will need to file another amendment to the final landscape plan. Staff proposes revisions to Conditions #15 and 18 adjusting the deadline for a revised final landscape plan (containing the specific amendments proposed in this application) from Excavation/Sheeting and Shoring or Footing to Grade Permit, to Final Building Permit in order SP# th Street North Amendment - 4 -

5 to maintain compliance with the existing conditions of approval and allow the applicant to continue their current progress on permits for implementation of the site plan. As approved in January 2012, Condition #15 requires the developer to implement the approved plaza and 10 th Street North plans, including all site elements in the approved final site development and landscape plan, and complete construction of the plaza and 10 th Street North prior to issuance of the first partial Certificate of Occupancy for tenant occupancy for the site plan. Condition #15 also requires the developer to maintain the plaza (but not 10 th Street North) including all elements within the plaza, for the life of the site plan. Staff proposed that this condition be amended to also require the applicant to maintain the high performance color coating pattern with two colors on the asphalt, but the applicant was not willing to assume responsibility for the maintenance as this additional cost was not factored into the plaza budget that was determined with the 2012 site plan approval. Figure 3: Approved 10 th Street North Design (with original plaza design) Figure 4: Proposed 10 th Street North Design (with November 2020 approved plaza design) SP# th Street North Amendment - 5 -

6 Stormwater Management Updates Since the November 2020 County Board approval, the applicant worked with staff through an administrative process to file the Civil Engineering Plan (CEP) and the Final Landscape Plan (FLP). During this review, staff identified several necessary stormwater management (SWM) updates including the need to relocate SWM facilities. Bioretention tree pits can no longer be located in County Right of Way to treat adjacent roadway and receive credit for a private development project. These facilities have been relocated to a 200-square-foot raised bioretention planter box in the southeast corner of the public plaza to treat the building s roof area. Staff in the Department of Environmental Services (DES) and Department of Parks and Recreation (DPR) have reviewed the proposed bioretention planter box and is prepared to support these changes in the CEP and FLP. The 200-square-foot raised bioretention planter box is an appropriate solution and has minimal impact on the useable public space as it is positioned against the building in an area for which the applicant intends to request an outdoor café use permit. The planter will be about 18 inches in height, will not impact sightlines into the plaza, and is a visual improvement to the southwest corner of the building. Condition #19 and 21 currently require 5-foot wide Low Impact Development (LID) tree strips with understory bioretention plantings. As proposed, the stormwater management element of the condition language has been removed but will still require the 5-foot wide landscaping strips. All applicable stormwater management requirements will be reviewed and approved by staff through the CEP process. Figure 4: Proposed Bioretention Facility in Public Plaza SP# th Street North Amendment - 6 -

7 Façade Changes The applicant also proposes to remove a 5-foot section of the projecting fin wall from the north facade of the building. This proposed revision remains consistent with Condition #35 (Façade Treatment for Buildings) and Condition #65 (Retail Elements) and does not alter the gross floor area (GFA), building height, or setbacks. Figure 5: Proposed Facade Changes PUBLIC ENGAGEMENT: SP# th Street North Amendment - 7 -

8 Level of Engagement: Communicate This level of engagement is appropriate because the implementation of the proposed site plan amendment is not anticipated to adversely impact the neighborhood. Outreach Methods: Public notice was given in accordance with the Code of Virginia Notices of the County Board hearing on the site plan amendment were placed in the March 30, 2021, issue of the Washington Times for the April 17, 2021 County Board Meeting. Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing. In addition to the above legal requirements: Civic associations were informed of the application via communication. The subject property is located within the Ballston-Virginia Square Civic Association and is adjacent to the Ballston Business Improvement District. Community Feedback: Ballston-Virginia Square Civic Association (BVSCA): Staff contacted the BVSCA and they have not responded as of the date of this report. Ballston Business Improvement District (BID): Staff contacted the Ballston BID and they have not responded as of the date of this report. CONCLUSION: The proposed site plan amendment does not impact the overall density or height previously approved for the site. The requested revisions are reasonable adjustments to the approved site plan and maintain the Virginia Sector Plan guidance and community goals for this public space based on the previous public engagement process. The proposed site plan amendment will continue to meet the spirit and intent of the original site plan approval and subsequent amendments to the public plaza design as approved by the County Board in November Staff therefore recommends the County Board adopt the attached ordinance to approve the site plan amendment, subject to all previously approved conditions and revised Conditions #1, 15, 18, 19, and 21 of the ordinance. SP# th Street North Amendment - 8 -

9 SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated February 2, 2021, for Site Plan #386, was filed with the Office of the Zoning Administrator; and WHEREAS, as indicated in the Staff Report prepared for the April 17, 2021, County Board meeting and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendment subject to all previous conditions applicable to the building at, as revised and set forth below and in the Staff Report; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on April 17, 2021, and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Site Plan: Substantially complies with the character of master plans, officially approved neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance; and Functionally relates to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and Is so designed and located that the public health, safety and welfare will be promoted and protected. NOW THEREFORE, BE IT ORDAINED that, as originally approved on January 21, 2012, and as subsequently amended, pursuant to an application for Site Plan #386 for a Site Plan Amendment to update the 10 th Street North asphalt color coating design, update the stormwater management requirements to current standards, and remove a 5-foot section of the projecting fin wall from the north facade of the building for the parcel of real property known as RPC# and, approval is granted and the parcel so described shall be used according to the Site Plan as originally approved on January 21, 2012, and as subsequently amended, as shown in the records of the Office of Zoning Administration, subject to all previously-approved conditions and revised Conditions #1, 15, 18, 19, and 21 of the ordinance. 1. Site Plan Compliance and Expiration A. Compliance (Life of the Site Plan) The developer (as used in these conditions, the term developer shall mean the owner, the developer and all successors and assigns) agrees to comply with the standard conditions set forth below and as referenced in Administrative Regulation 4.1 and the revised plans dated December 9, 2011, the revised drawing entitled Revisions to West Elevation dated January 13, 2012, the Revised Drawings prepared by RTKL and dated February 3, 2017, and the Revised Drawings prepared by RTKL and dated May 5, 2020 and further revised June 5, 2020, and the Revised Drawings prepared by RTKL and dated March 29, 2021 and reviewed and approved by the County Board and made a part of the public record on January 21, 2012, on February 21, 2015, on April 21, 2018, and on June 13, 2020, on November 14, 2020, and on April 17, 2021, including all renderings, drawings, and SP# th Street North Amendment - 9 -

10 presentation boards presented during public hearings, together with any modifications proposed by the developer and accepted by the County Board or vice versa, except as specified in the conditions below. B. Expiration (Footing to Grade Permit) If a Footing to Grade Permit has not been issued for the first building to be constructed pursuant to the approved Site Plan, then this Site Plan approval expires on February 28, 2021, unless otherwise extended by the County Board. Extension of this approval shall be at the sole discretion of the County Board. The Developer agrees that this discretion shall include a review of this Site Plan and its conditions compliance with then current County policies for land use, zoning and special exception uses. Extension of the Site Plan is subject to, among other things, inclusion of amended or additional Site Plan conditions necessary to bring the plan into compliance with then current County policies and standards together with any modifications proposed by the owner and approved by the County Board or vice versa. C. The Zoning Administrator is authorized to administer and interpret the conditions of this Site Plan in the same manner as she administers and interprets the Arlington County Zoning Ordinance, but in no event shall such administration and interpretation allow the Zoning Administrator to alter, amend, waive, delete, or add any condition(s) to this Site Plan, except to the extent allowed under Section C ( Administrative Change ) of the Arlington County Zoning Ordinance, as amended, or as provided for in the specific conditions of this Site Plan. The Zoning Administrator is authorized to enforce violations of the conditions of this Site Plan in the same manner as violations of the Arlington County Zoning Ordinance. 15. Coordination of these plans: final site development, landscape and site engineering The developer agrees to attach the County Board meeting minutes outlining the approved conditions and the conditions themselves to each set of Building Permit drawings that they submit to the County. The developer agrees to submit to, and obtain approval from, the Zoning Administrator and obtain approval from the County Manager of a detailed final landscape plan prior to issuance of the Excavation/Sheeting and Shoring Permit. Prior to the issuance of the Final Building Permit, the final landscape plan shall be amended to incorporate the plaza improvements depicted on the attached exhibit titled Draft Concept C approved by the County Board on November 14, 2020 and the 10 th Street North design depicted on the attached exhibit titled 3901 N. Fairfax 10 Street Pavement Option 1, Studio 39 Landscape Architecture, dated 3/29/2021 (Pavement Option 1) approved by the County Board on April 17, 2021 in a revised final landscape plan. The revised final landscape plan shall be submitted at a scale of 1 inch = 25 feet, in conjunction with the final civil engineering plan as required in Condition #2118 below, as well as a vicinity map with major streets labeled. The final landscape plan shall be developed by, and display the professional seal of, a landscape architect certified to practice in the Commonwealth of Virginia. The developer further agrees that the final landscape plan and the final civil engineering plan shall verify, by means of survey, that there are no conflicts between the street trees and utilities. The developer shall obtain approval by the County Manager for both plans as meeting all requirements of the SP# th Street North Amendment

11 County Board's site plan approval and all applicable county laws and plans before the issuance of the Excavation/Sheeting and ShoringFinal Building Permit. The plans shall be consistent with the plaza improvements depicted on the attached exhibit titled Draft Concept C approved by the County Board on November 14, 2020 and Pavement Option 1 approved by the County Board on April 17, 2021, and, at a minimum, shall conform to: the landscaping requirements in Conditions #16 and #21 below; the Arlington County Streetscape Standards; the Virginia Square Sector Plan; the County's landscaping, planting, and sidewalk and driveway construction specifications; and/or other applicable urban design standards approved by the County Board. In order to facilitate comparison with the final civil engineering plan, the landscape plan shall be at a scale of 1 inch = 25 feet; the County may require more detailed plans appropriate to landscape installation at a larger scale to also be submitted. The County may permit minor changes in building, street and driveway locations and other details of design as necessitated by more detailed planning and engineering studies if such changes are consistent with the provisions of the Zoning Ordinance governing administrative approval and with the intent of the site plan approval. The landscape plan shall include a Street Tree Plan which shall be reviewed by DPRCR and DCPHD, and shall be accompanied by the civil engineering plan. The developer agrees to complete all hardscape features shown on the approved landscape plan prior to the issuance of the first partial Certificate of Occupancy for tenant occupancy. The developer further agrees that all plant materials shown on the final landscape plan shall be installed before the issuance of the first Partial Certificate of Occupancy for occupancy of any space above grade for the respective phase of construction. The Zoning Administrator may, through the administrative change process, allow modifications to the timing of this condition if the Zoning Administrator finds, that on the planting season, availability of plant materials, weather, or other constructionrelated issues, do not permit installation of plant materials or construction of hardscape features by the required timing, and that the developer has been diligently pursuing the planting of the required materials. Upon approval of the final landscape plan and prior to the issuance of the first partial Certificate of Occupancy for the respective phase of construction/tenant occupancy, the developer agrees to submit to the Department of Community Planning, Housing, and Development (DCPHD) a copy of the contract for construction and installation of all landscape materials. The developer agrees that the final landscape plan shall include the following details: a. The location and dimensions of traffic signal poles and control cabinets, utility meters, utility vaults and boxes, transformers, mechanical equipment, fire hydrants, standpipes, storm water detention facilities, bus stops, the location of all existing and proposed utility lines and of all easements. The location of traffic control cabinets shall be shown on the final civil engineering plan and placed so they do not obstruct pedestrian travel or be visually obtrusive. Traffic control cabinets (existing or proposed) shall not be located in the pedestrian clear zone of the public sidewalk, including but not limited to access areas to ADA ramps, crosswalks, building entrances, and interior walkways. Transformers shall not be placed above grade in the setback area between the building and the street. SP# th Street North Amendment

12 The developer agrees to relocate existing traffic signal poles, traffic signal cabinets, and any other existing traffic-related items and equipment located on, or in the public right-of-way and contiguous to the development site as described below. The developer agrees that the improvements shall conform to the DES Construction Standards and Specifications, and shall be shown on the approved final civil engineering plan. Installation of the improvements shall be completed prior to issuance of the first certificate of occupancy for the development. The developer agrees to fund and install the following improvements: b. Intake and exhaust garage ventilation grates may not be located within public sidewalks or streets, or within areas between the street curb and any building which is used as a walkway. The developer agrees to provide drawings showing how the garage will be ventilated as part of the post-county Board Administrative Regulation 4.1 drawings required in Condition #10 above. Except as shown on the plans dated December 9, 2011 and the revised drawing entitled Revisions to West Elevation dated January 13, 2012, ventilation grates shall be located and/or screened so as not to be visible from public rights-of-way. The developer shall obtain approval from the County Manager of the location and screening of all ventilation grates as part of the review of the final civil engineering plan and the final landscape plan before issuance of the Footing to Grade Permit. c. The location, dimensions, materials, and pavement pattern, where applicable, for driveways and access drives, automobile drop-off areas, ADA ramps, driveway aprons, service drives, parking areas, interior walkways and roadways, plaza areas and sidewalks, as well as for address indicator signs. Interior walkways shall have a minimum width of four (4) feet. All plaza areas, access drives, automobile drop-off areas, interior walkways and roadways shall contain special treatments that coordinate in design, color and materials with the treatment of the public sidewalk. The materials and colors used are subject to approval by the County Manager according to adopted Sector Plans or other urban design standards approved by the County Board as a part of review and approval of the final landscape plan. d. The location and types of light fixtures for streets, parking, walkway and plaza areas, and associated utilities, as contained in the lighting plan required in Condition #54 below. e. Topography at two (2) foot intervals, the finished first floor elevation of all structures, and top-of-slab elevation for any proposed underground structures. f. Landscaping for open space areas, plaza areas, courtyards, raised planters (including cross-sections of raised planters), surface parking areas, and service drives, including a listing of plant materials; details of planting, irrigation and drainage; and details of proposed furnishings for all areas, including but not limited to dimensions, size, style(s), materials(s), finish(s) and manufacturer(s) of seating, bollards, trash SP# th Street North Amendment

13 receptacles, bike racks, arbors, trellises, and water features, and other landscape elements or structures. Include public art information, if known. g. The location and planting details for street trees in accordance with Department of Environmental Services Standards and Specifications for planting in public rights-ofway and as shown on the final civil engineering plan. h. The limits of demolition and construction. The developer agrees that once approved, the final landscape plan shall govern construction and/or installation of elements and features shown thereon, except as amendments may be specifically approved through an Administrative Change request. i. The developer agrees, prior to issuance of the Footing to Grade Permit, to develop, and to a make a request in writing to the County Manager for the approval of, the final designs for the plaza and the segment of 10 th Street North between North Quincy Street and North Pollard Street ( 10 th Street North ), the design of which shall be coordinated with the plaza design. The Developer agrees to participate in the process outlined below prior to seeking approval of the Footing to Grade Permit: (1) The Developer will participate in a County-organized Workshop ( Workshop ), which will be facilitated by a consultant selected by the County in order to engage the Ballston-Virginia Square community and stakeholders in the design of the plaza and the 10 th Street North pattern and street paving material design. The notification list for the public design workshop shall be created by the County Manager, in coordination with the SPRC Chair. The Workshop will be scheduled within sixty (60) days of approval of the site plan by the County Board. The Workshop will be organized with a timeline that will allow participants to learn about the project site and its constraints (including, but not limited to, the garage intake vent) and opportunities, to discuss potential programming for the plaza, to create design concepts, and for the participants to select a final plaza and 10 th Street North design concept. The outcome of the Workshop will be a plaza and a 10th Street North design concept which will include, but not be limited to, the types of plaza amenities, their placement in the plaza, landscaping, site lighting and other design features needed to develop a plaza that will meet the stated goals in the Virginia Square Sector Plan. The 10 th Street North concept will include the pattern and color selection of the high performance color coating to be applied to the asphalt in the area designated in the December 9, 2011 plans and revised drawing entitled Revisions to West Elevation dated January 13, The Workshop is intended to be one-day in duration. Should a second Workshop be necessary, it shall be held within 30 days from the first meeting. A staff summary of the Workshop s conclusions shall be completed within 30 days of the Workshop. SP# th Street North Amendment

14 (2) The Developer agrees to work with the County Manager to address feedback from the Workshop and agrees to submit a revised design concept for the plaza and 10 th Street North to the County Manager for review at one SPRC meeting. The developer further agrees to work with staff to address comments from the SPRC meeting. In the event that the developer does not receive comments on the landscape plan for the plaza and 10 th Street North in writing from the County Manager within fifteen (15) days of the subject SPRC meeting, the developer may proceed to seek approval of the landscape plan for the plaza design as shown on the plans dated December 9, 2011 and revised drawing entitled Revisions to West Elevation dated January 13, 2012, and approved by the County Board on January 21, 2012, or at its sole discretion, the developer may extend the deadline for receiving County comments. (3) Following SPRC review and issuance of comments from the County Manager, the developer agrees to submit a revised plan for the plaza and 10th Street North to the County Manager for final approval. The County Manager shall approve the revised final site development and landscape plan upon a finding that the plan addresses the County Manager s comments. The final plaza design shall include the location and design of hardscape and plantings, street furniture including benches, lights, trash receptacles, and any other aesthetic and functional elements to be located in the plaza, paving patterns, shade canopy structure, and a water feature, or such elements as detailed in the final plaza design as approved by the County Manager following the Workshop and SPRC review. If the final plaza design and the final 10th Street North design pursuant to this condition are not finally approved by the County Manager by the time of approval of the final landscape plan or the final site engineering plan as set forth in Condition #18, then these plans will not be required to include the final plaza design and the final 10th Street North design. In such event, the developer agrees to obtain approval from the County Manager, prior to issuance of the Footing to GradeFinal Building Permit, for amendments to the approved final landscape plan and the approved final site engineering plan, both of which shall incorporate the final plaza design and final 10th Street North design. In the event that the County Manager has not approved the final plaza design and final 10 th Street North design within one year of County Board approval of this site plan, then the developer shall have the option to seek approval of the landscape plan for the plaza design as shown on the plans dated December 9, 2011 and revised drawing entitled Revisions to West Elevation dated January 13, 2012, and construct such approved landscape plan. If the total cost to the developer for the final plaza improvements exceeds $825,000, based on the cost estimates submitted by the developer dated December 20, 2011, including the detailed estimate prepared by HITT dated December 5, 2011, then the developer shall notify the County Manager of this fact. Upon a SP# th Street North Amendment

15 finding that the total cost to the developer for the final plaza design improvements exceeds $825,000, the County Manager may, at his or her sole option, and within thirty (30) days of receiving the cost estimate, choose to: (1) adjust the design of the plaza with the developer s participation and cooperation to reduce the cost of the plaza design; or (2) advise the developer that the County will pay the cost to the extent it exceeds $825,000. The total cost to the developer for the plaza improvements will be adjusted annually for inflation by the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (CPI) Inflation Calculator from the date of site plan approval. The total cost limit shall be increased yearly, using the base year which is on the first anniversary date of site plan approval (January 21, 2013). Thereafter, the total cost limit will be increased on the anniversary of approval by the same percentage as the percentage difference in the CPI from the prior year anniversary of the date of approval. Wherever the $825,000 figure appears in this condition, it shall be deemed to be the number adjusted for CPI as set forth in this condition. The $825,000 figure will include the costs incurred by the developer in constructing a plaza which includes hardscape and plantings, plaza furniture, lights, trash receptacles, and any other aesthetic and functional elements to be located in the plaza, paving patterns, shade canopy structure, and a water feature, or such elements as detailed in the final plaza design as approved by the County Manager but will not include the costs of the garage deck and any water proofing material that may be used underneath the plaza. The final plaza design, together with a revised cost estimate for the design and construction of the plaza, shall be subject to prior written approval by the County Manager to ensure that improvements are consistent with the level of the design approved by the County Board. In addition, the developer agrees to include the following information at the time of the final plaza design submission: (1) A revised cost estimate to design and construct the plaza as shown on the plans dated December 9, 2011 and revised drawing entitled Revisions to West Elevation dated January 13, 2012, or as modified pursuant to the process described above; (2) An annual maintenance plan, subject to approval by the County Manager; (3) Details of the plaza amenities and structures as described above; (4) The final sidewalk pattern and design of walkways located internal to the plaza, and the final selection of materials and colors to be used, subject to the approval of the County Manager as consistent with County standards for such materials and colors. The final 10 th Street North design shall be consistent with, and include the elements depicted on page L5.01 of the plans dated December 9, 2011 and revised drawing entitled Revisions to West Elevation dated January 13, 2012 and approved by the County Board on January 21, 2012, and subsequently revised SP# th Street North Amendment

16 exhibit, Pavement Option 1 approved by the County Board on April 17, 2021, including a mountable curb, and the installation of a high performance color coating on the asphalt, approved by the County Manager. The asphalt coating will be applied in a pattern with two colors and the colors will have a white line border separating the on-street parking from the street. The final design for 10 th Street North shall include the same level of detail outlined and required in Conditions #15 and #16. The developer agrees to implement the approved plaza and 10 th Street North plans, including all site elements in the approved final site development and landscape plan, and complete construction of the plaza and 10 th Street North prior to issuance of the first partial Certificate of Occupancy for tenant occupancy for the site plan. The developer agrees to maintain the plaza (but not 10 th Street North), including all elements within the plaza, for the life of the site plan. j. Should the developer propose revisions to the approved design of the 10 th Street plaza described in Condition #15.i and as approved on the final landscape plan, the developer agrees to submit a site plan amendment application and to engage with the County in a public process addressing such proposed revisions including participation by the Ballston-Virginia Square Civic Association and other interested community members. The developer further agrees to complete such a public review process addressing any proposed revisions to the 10 th Street plaza described in Condition #15.i and as approved on the final landscape plan prior to County Board consideration of such a site plan amendment. 18. Civil engineering plan approval by DES Upon completion of the construction of a project, the developer agrees to submit one (1) set of as-built mylar plans for sanitary, storm sewer and water main construction to the Division of Transportation for recording. The developer agrees to submit a complete set of civil engineering plans acceptable to the Department of Environmental Services, as meeting the requirements of this site plan approval prior to issuance of the Clearing and Grading Permit. The plans shall be drawn at the scale of 1 inch = 25 feet and be 24 inches by 36 inches in size. The developer further agrees that the Footing to GradeFinal Building Permit shall not be issued until civil engineering plans which agree with the approved revised final landscape plan, and the sequence of construction, have been approved by the Department of Environmental Services and the CPHD Site Planner, as consistent with all site plan approval requirements and all County codes, standards, and policies. The developer further agrees to meet the following requirements prior to issuance of the Excavation/Sheeting and Shoring Permit: Approval of a Maintenance of Traffic Plan for the Excavation/Sheeting and Shoring phase of work; SP# th Street North Amendment

17 Approval of a tieback plan, or alternatively, submission of a statement from the developer confirming that tiebacks will not be used in the right of way during construction of the project; and A minimum of one complete review of the civil engineering plans for which staff has made a finding of no adverse impact to public infrastructure and adjacent public or private property. The developer also agrees to obtain all necessary permits prior to commencing any excavation, sheeting, or shoring on the project. 19. Pavement, Curb and Gutter Along All Frontages (First Certificate of Occupancy for tenant occupancy per applicable phase of project, as set forth below) The developer agrees to show on the final engineering plans pavement, curb and gutter along all frontages of this site in accordance with the then-current Arlington County Standard for concrete curb and gutter and the then-current standards for pavement and according to the following dimensions. The pavement, curb and gutter shall be constructed prior to issuance of the first partial Certificate of Occupancy for occupancy of the applicable phase of the project/tenant occupancy. The Zoning Administrator may, if she finds that the season, weather or other construction-related issues do not permit installation of these features by the required timing, and finds that the developer is diligently pursuing the work approve an extension of time for completion of construction of the curb, gutter, and pavement. a. The developer agrees to construct new curb and gutter along North Quincy Street, which results in a varying street cross section of approximately 51-feet as shown on the final engineering plan approved by the County Manager. The developer also agrees to nub the parking lane and construct one crosswalk and accompanying handicap ramp at the intersection with Fairfax Drive and nub the parking lane with accompanying handicap ramps at the intersection with 10th Street N as shown on the final engineering plan approved by the County Manager. b. The developer agrees to construct new curb and gutter along 10th Street N, which results in a varying street cross section of approximately 34.5-feet as shown on the final engineering plan approved by the County Manager. The curb along 10th Street N, on both the north and south side, shall be a mountable curb. In addition, the curb on the south side of 10th Street N. may include curb inlets to Low Impact Development (LID) tree strips. The developer also agrees to nub the parking lane on both the north and south sides of 10th St. N., and construct one crosswalk and accompanying handicap ramps at the intersection with North Quincy Street. The developer also agrees to also nub the parking lane on both the north and south side of 10th St. N. and construct one crosswalk and accompanying handicap ramps at the intersection with Pollard Street N, as shown on the final engineering plan approved by the County Manager. c. The developer agrees to construct new curb and gutter along N. Pollard St., which results in a varying street cross section of approximately 34-feet as shown on the final engineering plan approved by the County Manager. The developer agrees that two (2) parking spaces will be provided along N. Pollard St., as shown on the SP# th Street North Amendment

18 4.1 site plan submission, unless the County requests, prior to the issuance of the Above Grade Building Permit, that the alternative plan on page L5.02, with an expanded sidewalk for the bikeshare station, be provided. The developer also agrees to nub the parking lane and construct one crosswalk and accompanying handicap ramps at the intersection with 10 th Street North, and nub the parking lanes and construct one crosswalk and accompanying handicap ramps at the intersection with Fairfax Drive as shown on the final engineering plan approved by the County Manager. d. The developer agrees to construct new curb and gutter along N. Fairfax Drive, which results in a varying street cross section of approximately 39-feet to feet as shown on the final engineering plan approved by the County Manager. The developer also agrees to nub the parking lane and construct one crosswalk and accompanying handicap ramps at the intersection with North Pollard St. and nub the parking lane and construct one crosswalk and accompanying handicap ramps at the intersection with North Quincy St. as shown on the final engineering plan approved by the County Manager. The developer further agrees that all improvements to curb, gutter, sidewalks, crosswalks, and streets for pedestrian and/or vehicular access or circulation shall be as determined by the County Manager on the final Site Development and Landscape Plan and on the final Site Engineering Plan, in accordance with the Rosslyn-Ballston Corridor Streetscape Standards or other applicable urban design standards in effect at the time of final Site Engineering Plan Approval; provided, however, that the developer shall not be obligated to provide such improvements if the developer demonstrates to the County Manager that they would increase the projected cost anticipated for such improvements as shown on the site plan drawings dated December 9, 2011 and the revised drawing entitled Revisions to West Elevation dated January 13, 2012 unless the County provides additional funding to offset such increased cost or decreases the scope of such improvements to be within the originally anticipated cost. 21. Sidewalk Design and Improvements The developer agrees that the final sidewalk pattern/design and final selection of materials and colors to be used shall be as determined by the County Manager on the final landscape plan and final civil engineering plan, in accordance with the Arlington County Streetscape Standards or other applicable urban design standards approved by the County Board and in effect at the time of the final landscape plan approval. The clear pedestrian zone of all public sidewalks shall also be indicated. The sidewalk clear zones along the street frontages of this development shall be consistent with the Arlington County Streetscape Standards and shall be placed on a properly-engineered base approved as such by the Department of Environmental Services. The developer agrees that the clear pedestrian zone sidewalk shall: a. Continue across all driveway aprons for loading and garage entrances along all frontages of the site plan, and there shall be no barriers to impede the flow of pedestrian traffic. SP# th Street North Amendment

19 b. Not be less than six feet wide at any point c. Allow pinch-points only under the provisions of the Arlington County Streetscape Standards d. Use plain, un-tinted concrete or, subject to approval, an integral tint that harmonizes with its setting. Non-standard materials or surface treatments may be used subject to approval and under the provisions of the Arlington County Streetscape Standards. e. Not contain joints or use patterns that create gaps of ¼-in depth or greater at spacings of less than 30. The developer further agrees to construct the sidewalk improvements detailed below prior to the issuance of the first partial Certificate of Occupancy for occupancy of the applicable phase of the project/tenant occupancy, as such phases are defined in condition #83. The sidewalks shall contain street trees placed in either tree pits or planting strips, consistent with the Standards for Planting and Preservation of Trees in Site Plan Projects, and as specified below. Placement, planting and root enhancement options shall be consistent with the Standards for Planting and Preservation of Trees in Site Plan Projects, and as specified below. Street trees shall not be placed within the vision obstruction area. All public walkways shall be constructed to County Standard. The developer, or any subsequent owner, also agrees to maintain and replace the street trees and sidewalks for the life of the site plan. The sidewalk sections and street tree species shall be as follows: Fairfax Drive A minimum 20-foot wide sidewalk measured from the back of curb, maintaining a 10-foot wide clear sidewalk, including 6 feet by 12 feet tree pits, planted with no less than a minimum of 3 ½ inches caliper Willow Oak street trees at 28- to 32- feet on center tree pits 6 feet by minimum of 12 feet with such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), and placed a minimum of eight (8) inches back from the back of curb. North Quincy Street A minimum 16-foot wide sidewalk measured from the back of curb, maintaining a 10-foot wide clear sidewalk, including 5 feet by 12 feet tree pits, planted with no less than a minimum of 3 ½ inches caliper Ulmus americana (American Elm) street trees at 28- to 32-feet on center and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), and placed a minimum of eight (8) inches back from the back of curb. 10 th Street North A minimum 14-foot wide sidewalk measured from the back of curb, maintaining a 8-foot wide clear sidewalk, including 5 foot wide Low Impact Development (LID) tree landscaping strips with understory bioretention plantings, planted with no less than a minimum of 3 ½ inches caliper London Plane Tree street trees at 24- to 28-feet on center and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), and placed a minimum of eight (8) inches back from the back of curb. SP# th Street North Amendment

20 North Pollard Street A minimum 10- to 14-foot wide sidewalk measured from the back of curb, maintaining a 8-foot wide clear sidewalk, including 5 feet by 12 feet tree pits, planted with no less than a minimum of 3 ½ inches caliper London Plane Tree street trees in tree pits 5 feet by 12 feet or as fits between parallel parking spaces and with such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), and placed a minimum of eight (8) inches back from the back of curb. SP# th Street North Amendment

21 PREVIOUS COUNTY BOARD ACTIONS: July 9, 1983 September 8, 1984 September 12, 1987 May 7, 1994 April 26, 2003 December 6, 2003 July 13, 2004 November 27, 2007 Approved use permit (U ) for a cremation unit within a funeral home with a review in one year. Continued use permit for a cremation unit within a funeral home with a review in three years. Continued use permit for a cremation unit within a funeral home with no further review. Approved use permit amendment for construction of a two-story garage and storage building, subject to all previous conditions, new conditions, and review in one year following issuance of a Certificate of Occupancy. Approved General Land Use Plan amendment from High-Medium Residential Mixed-Use to Medium Office-Apartment-Hotel. Denied site plan for approximately 140 dwelling units, community facility, public plaza, and retention of existing commercial use, and accepted withdrawal of rezoning to C-O-2.5 Approved Z rezoning from C-2 Service Commercial Community Business Districts to "C-O-2.5" Commercial Office Building, Hotel and Apartment Districts for premises known as 3901 N. Fairfax Dr.; and approved Site Plan #386 for approximately 135 dwelling units, ground floor retail, community black box theater, plaza, existing funeral home, with modification of use regulations for density, setbacks, exclusion of community facility space and below grade storage from calculation of GFA. Approved a site plan amendment for approximately 120 dwelling units, ground floor retail, community black box theater, plaza, funeral home, with modification of use regulations for density and exclusion of community facility space and below grade storage; 3901 N. Fairfax Dr. SP# th Street North Amendment

22 January 21, 2012 June 16, 2012 September 15, 2012 October 20, 2012 February 21, 2015 January 27, 2018 April 21, 2018 Approved a major site plan amendment for a 201,627 square foot commercial building with 178,131 square feet of office space, 3,200 square feet of ground floor retail, a 12,985 square-foot black box theater, and a comprehensive sign plan with modifications of zoning ordinance regulations for parking ratio, increased sign area, changeable copy signage, and surface parking as an interim use, exclusions from density for the theater, below-grade storage and a below-grade fitness facility, bonus density for LEED Gold certification, affordable housing contribution, and specific construction problems and techniques needed for the black box theater and open space and environmental amenities; 3901 N. Fairfax Dr. Approved, on the County Board s own motion, a site plan amendment to amend the conditions which stipulate minimum tree caliper size requirements from 4 to 4 1/2 inches to 3 1/2 inches. Authorized advertisement of a public hearing to consider amending the type of street tree required by Condition #21 on North Quincy Street to accomplish the goals of the charrette process for the public plaza at 3901 N. Fairfax Dr. Approved a site plan amendment to amend Condition #21 which specifies the type of street trees to be planted on North Quincy Street. Approved a site plan amendment to extend the term of the site plan approval for three years and to extend the use as a temporary parking lot, subject to all previous conditions and amended Conditions #1, 87, and 90. Approved a site plan amendment to extend the term of validity of site plan approval for three years and to extend the use as a temporary parking lot, subject to all previous conditions, and amended Conditions #1, 59, 77, and 90. Approved a site plan amendment to convert some retail space to office space, eliminate the mezzanine level, add office GFA at the penthouse level, lower SP# th Street North Amendment

23 building height by 8 feet, and amend the parking ratio, subject to all previous conditions and amended Conditions #1, 10 and 43. April 21, 2018 April 23, 2019 June 13, 2020 November 14, 2020 Approved a use permit associated with a site plan amendment (SP-386-U-18-1) for a temporary offsite contractors storage and staging yard, subject to the conditions of the staff report, and with a County Board review in one (1) year (April 2019). Renewed a use permit associated with a site plan amendment (SP-386-U-18-1) for a temporary offsite contractors storage and staging yard, subject to the conditions of the staff report, and with a County Board review in two (2) years (April 2021). Approved a site plan amendment to permit site and building reconfigurations, subject to all previous conditions and amended Conditions #1, 15, 35, 44, 48, 51, 65, 66, 71, 79, and 85 of the ordinance. Approved a site plan amendment to modify the design and programming of the public plaza, add a rooftop shade structure, and extend the interim parking use, subject to all previous conditions and amended Conditions #1, 15, 72, and 90 of the ordinance. SP# th Street North Amendment

24 S-3A 10TH ST N C-2 RC N QUINCY ST C-O-2.5 N POLLARD ST 3901 C-O-A FAIRFAX DR RA-H-3.2 SP #386 SP386-U FAIRFAX DRIVE RPC # Scale: ICase Location(s) 1:500 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed

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