ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of November 5, 2016 DATE: October 25, 2016 SUBJECT: SP #11 SITE PLAN AMENDMENT for the conversion of 440 square feet of ground floor residential to ground floor retail, the addition of 25 square feet of additional retail gross floor area (GFA) for the installation of a revolving door and to modify the approved retail parking ratio with modifications of Zoning Ordinance requirements as necessary to achieve the proposed development plan at ; located at 2221 S. Clark St. (RPC# ). Applicant: WeWork By: Venable, LLP Kedrick N. Whitmore, Esq. 575 Seventh Street NW Washington, DC C.M. RECOMMENDATION: Adopt the attached ordinance to approve the subject site plan amendment subject to all previously approved conditions and the revised conditions of the ordinance. ISSUES: This is a site plan amendment request for the conversion of 440 square feet of ground floor residential GFA to ground floor retail GFA, the addition of 25 square feet of additional retail GFA for the installation of a revolving door, and a request to modify the approved retail parking ratio and no issues have been identified. SUMMARY: The applicant is requesting approval of a minor site plan amendment to convert 440 square feet of ground floor residential GFA to ground floor retail GFA use at the Plaza County Manager: ##### County Attorney: ***** Staff: Nicole R. Boling, DCPHD, Planning Division Joanne Gabor, DES, Transportation Division 2.

2 6/WeWork building in Crystal City. In addition, the applicant is proposing to change the existing door on the façade of the building to a revolving door which would result in the addition of approximately 25 square feet of retail GFA to the project. The design of the new doors on the front façade are shown on the drawings in Exhibit A. The proposed increase of retail GFA affects the approved retail parking ratio for the building. Due to the inability to create an additional parking space, the applicant requests to slightly increase the retail parking ratio to 1 space per 617 square feet. The Crystal Plaza 6 building is approved for a combination of residential, retail and office uses. The applicant is finalizing the layout of the ground floor retail space and is requesting a conversion of the use of space. The previous site plan amendment for this building was approved by the County Board in October 2015 and resulted in 5,696 square feet of retail GFA. The retail component of this project is a priority to the community. This site plan amendment would increase the amount of retail GFA to 6,161 square feet. This request would not create adverse impacts as a result of the conversion of ground floor residential to retail, addition of 25 square feet of retail GFA for the revolving door, or modification of the approved retail parking ratio. There is GFA available that can be earned under the site plan as the maximum base density was not previously approved. The Crystal City Civic Association has not reported any issues with the site plan amendment request. Staff supports the proposed amendments and therefore recommends that the County Board adopt the attached ordinance, subject to all previously approved conditions and the revised conditions of the ordinance. BACKGROUND: Crystal Plaza 6 is one of eight buildings which comprises the mixed used, multiple building Crystal Plaza site plan (SP #11). The site plan which was approved in 1963 with all buildings largely constructed in the mid-1960s, today comprises approximately 785,572 square feet of site area (18.03 acres) and is approved for approximately 856,997 square feet of office, 202,306 square feet of retail, and 1,270,895 square feet of residential for a total of approximately 2,330,198square feet of development. The 12-story Crystal Plaza 6 building is approximately 158,377 square feet of gross floor area approved for 127,569 square feet of residential use (216 units), 24,960 square feet of office, and 5,696 square feet of ground floor retail. In October 2015, the County Board approved a site plan amendment to decrease the retail gross floor area by 152 square feet in order to expand the fire control room. In addition, the approval included the loss of 11 parking spaces to address the need for appropriate fire access. The following provides additional information about the site and location: Site: The 77,000 square foot site is located on the southwest corner of the block generally bounded by 20 th Street South to the north, Crystal Drive to the east, 23 rd Street South to the south and S. Clark Street (Jefferson Davis Highway) to the west. Immediate surrounding land uses and development include: To the north: 2221 and 2101 Jefferson Davis Highway, Crystal Plaza Apartment buildings constructed in Zoned RA-4.8, M-2 and C-O ; GLUP designation, High Office-Apartment-Hotel. To the east: rd Street, 12-story Crystal Plaza 5 office building constructed in 1965 SP #11 Site Plan Amendment - 2 -

3 with approximately 155,000 square feet of office. Zoned C-O ; GLUP designation, High Office-Apartment-Hotel. To the south: To the west: rd Street, South, 13-story, Buchanan Apartments (SP #65) approved in 1968 and constructed in 1972 with approximately 442 residential dwelling units and 53,549 square feet of retail. Zoned C-O ; GLUP designation High Office-Apartment-Hotel. Across S. Clark Street and Jefferson Davis Highway, 2221 S. Eads Street, BB&T Bank, by-right development of approximately 2,350 square feet of retail constructed in Zoned C-2 ; GLUP designation High Office- Apartment-Hotel. Zoning: The site is zoned C-O Commercial Office Building, Hotel and Multiple-Family Dwelling district, and M-2 Service, Industrial District. Land Use: The site s General Land Use Plan (GLUP) designation is High Office- Apartment-Hotel which permits up to 3.8 FAR office density, 4.8 FAR apartment density, and 3.8 FAR hotel density. The site is located within the Crystal City Coordinated Redevelopment District as delineated on the GLUP. Neighborhood: The subject site is located within the Crystal City Civic Association (CCCA) and is in the vicinity of the Aurora Highlands and Arlington Ridge Civic Associations. The Crystal City Civic Association has been contacted regarding the subject amendment. The civic association has responded and does not have an issue with the subject request. Figure 1: Location of Bing Maps N O R SP #11 T Site Plan Amendment WeWork H (Crystal Plaza 6)

4 DISCUSSION: Retail Gross Floor Area: A total of 5,696 square feet of GFA was approved for ground floor retail use in Crystal Plaza 6 as part of the last approved site plan amendment in October The retail space was approved and envisioned for use as a market café and space for vendors. The applicant is finalizing the design for the ground floor retail space and is requesting to convert 440 square feet of ground floor residential GFA to ground floor retail GFA. This area of residential GFA is currently allotted as a trash room and storage area (shown in Exhibit A, attached to this report) to service the ground floor. There would not be a change in the number of residential units or the residential common areas that are part of the building layout. In addition, the applicant is proposing to install a revolving door which results in an increase of 25 square feet of retail GFA (shown in Exhibit A, attached to this report). This would increase the amount of retail on the ground floor to 6,161 square feet. There is GFA available that can be earned under the site plan as the maximum base density was not previously approved. Crystal Plaza 6 received approval by the County Board in July 2014 to change the use of the original office building that was constructed in 1965 to a residential building with ground floor retail. A site plan amendment was approved in May 2015 to convert the top two (2) floors of the building to office GFA which incorporated the concept of We Work in the building, which provides flexible shared work spaces to companies and individuals while fostering an environment of collaboration and community. The applicant has been working to finalize the design of the ground floor retail space. The applicant agrees to amend Condition #44 to reflect the current site plan standards and the change in the total retail GFA for the building. Staff supports this site plan amendment request as this conversion and façade change would be in keeping with the spirit and intent of the approved site plan. The table below summarizes the change in gross floor area by use with the subject amendment. The applicant requests that approved Condition #61 related to the conversion of space on the ground floor be amended to provide the ability to request minor adjustments in the square footages of residential and retail uses on the first floor through the administrative change process. The applicant agrees to amend Condition #61 to allow a change in the use of the first floor retail to be considered administratively so long as the total retail GFA is not less than 5,696 square feet for changes associated with ancillary space or modifications required by code. SP #11 Gross Floor Area by Use Use Approved (October 2015) Proposed (October 2016) Retail 202,306 sf 202,771 sf Office 856,997 sf As Approved (No Change) Residential 1,270,895 sf 1,270,455 Crystal Plaza 6 Gross Floor Area by Use Use Approved (October 2015) Proposed (October 2016) Retail 5,696 sf 6,161 sf Office 24,960 sf As Approved (No Change) Residential 127,569 sf 127,129 sf SP #11 Site Plan Amendment - 4 -

5 Parking: With the increase in retail square footage, the retail parking ratio was also reviewed for compliance. The County Board amended the retail parking ratio to 1 space per 580 square feet in October 2015 due to the loss of spaces on the plaza to provide adequate fire access to the building. The proposed increase in retail square footage would require the addition of one parking space to maintain the retail parking ratio as currently approved. The applicant reviewed the parking within the block and was unable to create one additional parking space within the existing parking structure or along the surface level. Due to the inability to create an additional parking space, the retail parking ratio has increased slightly to 1 space per 617 square feet. The existing parking structure has approximately 180 spaces available to the public at all hours for a fee. Additionally, there are approximately 800 spaces available free of charge for public parking after 4 PM on weekdays and all day on weekends and holidays in any unreserved spaces. This is in addition to on street parking available surrounding the site. Due to the slight increase in retail parking ratio and availability of parking within the existing parking structure and surrounding areas for the public, staff supports the revised retail parking ratio. CONCLUSION: The proposed amendment to convert 440 square feet of ground floor residential GFA to ground floor retail GFA, an increase of 25 square feet of retail GFA for the installation of a revolving door, and a modification of the approved retail parking ratio would not have an adverse impact and would be in keeping with the spirit and intent of the approved site plan. Therefore, staff recommends that the County Board adopt the attached ordinance to approve the subject site plan amendment, subject to all previously approved conditions and revised Conditions #2, 37, 44, and 61 of the attached ordinance. SP #11 Site Plan Amendment - 5 -

6 SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated July 11, 2016, for Site Plan #11, was filed with the Office of the Zoning Administrator; and WHEREAS, as indicated in Staff Report[s] prepared for the November 5, 2016, 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 #1-62 applicable to the building at 2221 S. Clark Street only, as revised and set forth below and in the Staff Report[s]; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on November 5, 2016, 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 modified as follows: o Reduced Parking Ratio at 1 space per 617 square feet of retail gross floor area; 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 August 13, 1963, pursuant to an application for Site Plan #11, and as such application has been modified, SP #11 Site Plan Amendment - 6 -

7 revised, or amended to include the drawings, documents, conditions and other elements designated in Condition 2 below (which drawings, etc. are hereafter collectively referred to as Revised Site Plan Application ), for a Site Plan Amendment to convert 440 square feet of ground floor residential GFA to ground floor retail GFA, to add 25 square feet of retail GFA for a revolving door, and to modify the approved parking ratio for the parcel of real property known as RPC# and 2221 S. Clark Street, approval is granted and the parcel so described shall be used according to the Site Plan as originally approved on August 13, 1963, as shown in the records of the Office of Zoning administration, and as amended from time to time and as amended by the Revised Site Plan Application, subject to all previously-approved conditions (#1 through #15 as approved in 1963 and subsequent generally-applicable conditions), and with Conditions #1-62 applicable only to the property at 2221 S. Clark Street with the following revisions to conditions #2, 37, 44, and 61: The applicant is providing the features, design elements, uses, services or amenities called for in these conditions in return for approval to use a building and property that has density and other benefits not permitted by right in the district as follows: 2. Site Plan Compliance and Expiration A. Compliance (Life of the Site Plan) The Developer agrees to comply with the standard conditions set forth below and as referenced in Administrative Regulation 4.1, and the revised plans dated March 11, April 8, May 5, June 6, September 5, and October 30, 2014, and February 10, and April 30, 2015, and September 20, 2016 and reviewed and approved by the County Board as part of the Site Plan approval (as used in these conditions, the term Site Plan shall refer to the approved special exception SP #11) and made a part of the public record on May 16, 2015 November 5, 2016, including all renderings, drawings, and 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 (Building Permit) If a Building Permit has not been issued for the building pursuant to the approved Site Plan, then this Site Plan approval expires on July 19, 2017 unless otherwise extended by the County Board. Extension of this SP #11 Site Plan Amendment - 7 -

8 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 for their 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 accepted by the County Board or vice versa. C. Term of Use (Life of Site Plan) The applicant acknowledges the recommended goals for improving the site of the building located at 2221 S. Clark Street originally approved as an office building with this Site Plan #11 in 1963 as set forth in the Crystal City Sector Plan adopted by the County Board on September 28, As such, the applicant agrees that the residential use permitted at 2221 S. Clark Street is a temporary use that has been approved for a limited 20 year period, and not longer. During the 20 year period the use is permitted subject to all site plan conditions, and subject to the same reviews that could otherwise be made of any site plan. The applicant further agrees that approval for the use will terminate after a period of 20 years from the issuance of the Master Certificate of Occupancy and not later than July 19, 2036 without further action by the County Board. The applicant agrees that it will cease use of the space for the purposes of residential use on or before July 19, The applicant acknowledges and agrees that after July 19, 2036, it shall have no right to use the space for residential use unless specific approval is obtained from the County Board. 37. Parking A. Site Plan Requirements 1) Site Plan Parking Requirements a. The Developer agrees that, unless specifically identified in this condition, parking shall be provided consistent with Section 14.3 of the Zoning Ordinance, except as otherwise exists as shown on the plans dated March 11, April 8, May 5, June 6, September 5, and October 30, 2014, and February 10, and April 30, 2015 and approved by the County Board on May 16, The drawings submitted shall indicate all dimensions which do not comply with Section 13 of the Zoning Ordinance. b. The Developer agrees that the required minimum number of parking spaces for the project, Required Spaces, equals the sum of the project/building s uses times the parking ratio for each use type. The approved parking ratios, by use type, are presented below. Use Type Residential - SP #11 Site Plan Amendment Approved Parking Ratio.56 spaces per unit (to include residents, residential visitors, accessible spaces & residential building employees); subject to Condition #37.B.1) d.

9 Office - Commercial/Retail - Hotel - Other - 1 space per 1,782 square feet of GFA (to include We Work members and employees, office visitors, building management employees and accessible spaces); subject to Condition #37.B.1) d. 1 space per square feet of GFA, after approved exclusion for proximity to Metro Station (to include retail customers, retail employees and accessible spaces) Intentionally Omitted Intentionally Omitted c. The Developer agrees that the number of compact spaces counted toward the total number of Required Spaces, exclusive of those spaces required for retail, except as otherwise exists as shown on the plans dated March 11, April 8, May 5, June 6, September 5, and October 30, 2014, and February 10, and April 30, 2015 and approved by the County Board May 16, 2015, shall not exceed 15% of the total number of Required Spaces. Required Spaces for retail parking shall not be compact. Spaces provided in excess of the Required Spaces total may be either standard or compact spaces. d. The Developer agrees that the Required Spaces shall not be converted to storage or other non-parking use without approval of a Site Plan amendment. Parking spaces constructed in excess of the Required Spaces may be converted from automobile parking to parking for other modes of transportation (i.e., motorcycles, scooters, bicycles, etc.) at the discretion of the developer. B. Operation and Management Related Requirements 1) Residential and Office Parking a. The Developer agrees that for projects that include rental residential units, the rental agreement shall not require rental of a parking space and the cost of parking shall be shown in such agreement separately from the cost of renting the residential unit. b. Intentionally Omitted. c. The Developer agrees that valid parking permit holders of Crystal Plaza 6 may park free of charge in the garage serving the Crystal Park (SP #167) block with an entrance at 2345 Crystal Drive upon finding that the parking garage associated with Crystal Plaza buildings 1 through 6 is full. SP #11 Site Plan Amendment - 9 -

10 d. The Developer agrees that if there is demand for additional parking above the 121 residential and 14 office parking spaces allocated to Crystal Plaza 6, the Developer shall either provide additional dedicated permits as necessary based on demand resulting in a maximum of one space per residential unit and one space per 991 square feet of gross floor area for office use, or work with the County Manager to agree upon a plan that provides for an agreed upon number of additional parking spaces within Crystal Plaza block parking or TDM measures to meet the demand of Crystal Plaza 6 residents and WeWork members and employees. 2) Shared Parking (Intentionally Omitted) 3) External Signs (Intentionally Omitted) 4) Submission of Parking Management and Garage Plans (First Partial Certificate of Occupancy) a. Preliminary Parking Management Plan and Preliminary Garage Plan (First Partial Certificate of Occupancy) The Developer agrees to submit to, and obtain approval from, the County Manager of a Preliminary Parking Management Plan (PMP) for the buildings located at 2001 S Clark Street, 2221 S Clark Street, th Street South, 2100 Crystal Drive, and 2200 Crystal Drive, also known as Crystal Plaza 1-6 prior to the issuance of the First Partial Certificate of Occupancy for the building located at 2221 S. Clark Street also known as Crystal Plaza 6. The Developer may revise the previously submitted Parking Management Plan dated October 20, 2009, to reflect changes to the parking and submit as the Parking Management Plan. The Preliminary Parking Management Plan shall demonstrate how parking for the different user groups, including, when applicable, residents, visitors, employees, retail patrons, and the general public, will be provided and managed, and where the parking is located. The Preliminary Parking Management Plan shall include the Preliminary Garage Plan and information listed under Preliminary Parking Management Plan in the Parking Guidelines for Special Exception Projects located on the Arlington County website. b. Final Parking Management Plan (First Partial Certificate of Occupancy for tenant occupancy) The Developer agrees to submit to, and obtain approval from the County Manager of a Final Parking Management Plan for the buildings located at 2001 S Clark Street, 2221 S Clark Street, th Street South, 2100 Crystal Drive, and 2200 Crystal Drive, also known as Crystal Plaza 1-6 prior to the issuance of the First Partial Certificate of Occupancy for tenant occupancy for the building located at 2221 S. Clark Street also known as Crystal Plaza 6. The Final Parking Management Plan shall incorporate all elements of the Preliminary Parking Management Plan, any upgrades to that document as well as plan drawings and information SP #11 Site Plan Amendment

11 related to how motorists will be directed to parking spaces, and how pedestrians will be directed to payment equipment and garage entrances and exits. The Final Parking Management Plan shall include information listed under Final Parking Management Plan in Parking Guidelines for Special Exception Projects located on the Arlington County website and a copy of the Final Garage Plan. c. Final Garage Plan (First Partial Certificate of Occupancy for tenant occupancy) The Developer agrees to submit to, and obtain the approval from, the County Manager of a Final Garage Plan for the buildings located at 2001 S Clark Street, 2221 S Clark Street, th Street South, 2100 Crystal Drive, and 2200 Crystal Drive, also known as Crystal Plaza 1-6, which shall be submitted and approved as part of the Final Parking Management Plan. The Zoning Administrator may approve a parking count of 98% or more of the required number of spaces, if causes beyond the control of the Developer makes compliance impractical. Any changes to the approved Final Garage Plan must be submitted as an administrative change and approved by the Zoning Administrator. d. The Developer agrees to implement the approved Parking Management Plan for the life of the Site Plan. The Developer agrees to obtain the review and approval of any changes to the approved Parking Management Plan by the County Manager. 5) Reporting and Monitoring (Last Certificate of Occupancy for Tenant Any Space in the Building) For the buildings that are office, commercial or contains mixed land uses, beginning six months after issuance of the Last Certificate of Occupancy for Any Space in the Building, for the building located at 2221 S. Clark Street and known as Crystal Plaza 6, and every six months for the first three years, then every five years thereafter for the life of the Site Plan, the Developer agrees to submit building occupancy rates, and if the parking garage has parking access and revenue control (PARC) equipment, information generated from an annual report: average duration of stay for short term parkers to include typical weekday periods as well as evening/weekend periods, and average occupancies for typical weekday day and evening periods, as well as weekend day and evening periods. For garages without PARC equipment, the Developer agrees to submit building occupancy rates and average occupancies for typical weekday day and evening periods, as well as weekend day and evening periods. The Developer shall supply to the County overnight residential parking occupancy counts recorded between 11p.m. and 5a.m at the intervals described above. The Developer agrees to provide the total number of parking permits allocated for Crystal Plaza buildings 1 through 6 and the permit utilization and breakdown between office and residential use per month for the Crystal Plaza 6 building. In addition, the Developer shall provide bicycle storage utilization information for the Crystal 6 building. The requested information described above shall be provided for the SP #11 Site Plan Amendment

12 buildings and associated garage areas located at 2001 S. Clark Street, 2221 S. Clark Street, th Street South, 2100 Crystal Drive, and 2200 Crystal Drive, also known as Crystal Plaza 1 through 6, as applicable. 44. Retail Elements (Final Building Permit) The Developer agrees to meet the requirements of this condition prior to the issuance of the Final Building Permit. A. The Developer agrees to the following for retail space, as shown on the plans referenced in Condition #2 above, within the Site Plan: 1) Developer agrees to market a minimum of 5,696 square feet of retail space located on the first floor of the building to uses consistent with the listings under Retail Categories as listed on pages 5-6 in the approved Retail Action Plan for the Rosslyn-Ballston Corridor, dated May 2001, or other applicable retail policy documents in effect at the time of County Board approval, and any other uses which the Zoning Administrator may determine are of the same general character (as same general character is described in Section of the Zoning Ordinance), provided that they are consistent with the standards in this Condition #44. The Developer will be marketing the above referenced retail space to a variety of vendors purveying goods and services. The Developer therefore agrees that, if after two years of the date of issuance of the Certificate of Occupancy for tenant occupancy, or no later than July 19, 2017, that such an endeavor results in less than 3,000 square feet of retail space being used for these vendors, to submit the marketing material and/or a letter detailing the marketing efforts, and first floor plans consistent with the standards in this Condition #44, and obtain approval of such material or letter from the Zoning Administrator as having met the standards of this condition. 1) If the project is located within the Major Planning Corridors as defined in the Arlington County Retail Plan dated July 2015 (ACRP), then the Developer will market approximately 6,161 square feet but not less than 5,696 square feet of retail space located on the first floor of the building to uses as shown for that location in the approved ACRP or other applicable retail policy documents subsequently approved by the County Board and consistent with the standards in this Condition #44. The Developer will be marketing the above referenced retail space to a variety of vendors purveying goods and services. The Developer therefore agrees that, if after two years of the date of issuance of the Certificate of Occupancy for tenant occupancy, or no later than July 19, 2017, that such an endeavor results in less than 3,000 square feet of retail space being used for these vendors, to submit the marketing material and/or a letter detailing the marketing efforts, and first floor plans consistent with the standards in this SP #11 Site Plan Amendment

13 Condition #44, and obtain approval of such material or letter from the Zoning Administrator as having met the standards of this condition. 2) If greater than 3,000 square feet of retail space is not used in the vendor concept as set forth in this Condition #44 above, the Developer agrees to retain a retail broker and meet with AED to discuss the strategy and marketing plans for the retail space. The Final Building Permit shall not be issued until documentation has been provided to the Zoning Administrator from AED that this meeting has occurred and a retail broker retained. 2) Intentionally Omitted. 3) Intentionally Omitted. 4) If greater than 3,000 square feet of retail space is not used in the vendor concept as set forth in this Condition #44 above, the Developer agrees to retain a retail broker and meet with AED to discuss the strategy and marketing plans for the retail space. The Final Building Permit shall not be issued until documentation has been provided to the Zoning Administrator from AED that this meeting has occurred and a retail broker retained. 3) 5) Standards for Retail Spaces: The retail spaces shall be designed and constructed to meet the Retail and Urban Design Guidelines set forth in the ACRP, include interior and exterior that are functional and attractive to prospective retailers and that animate the street frontage, including but not limited to the following: a. Approximately 19 foot floor to floor heights, as shown on the plans dated March 11, April 8, May 5, June 6, September 5, and October 30, 2014, and February 10, and April 30, b. Access to the service corridor/areas as generally shown on the architectural plans dated March 11, April 8, May 5, June 6, September 5, and October 30, 2014, and February 10, and April 30, c. Rough-in of utilities, i.e., sprinkler heads, plumbing, electrical wiring, and stubs for extensions. If the tenant(s) is unknown at the time of construction, the Developer may, in lieu of rough-in of utilities, include such work as part of the tenant improvement budget at the Developer s cost. d. Provision to connect to venting systems and grease traps required for any food preparation or restaurant use. SP #11 Site Plan Amendment

14 B. Changes to Retail Spaces: e. Sufficient transparency of the building facade to achieve adequate street exposure, as set forth in Condition #29 above. The Developer agrees to notify all tenant(s) of this requirement. f. Parking as set forth in Condition #37. 1) The Developer agrees that minor adjustments in the approved retail Gross Floor Area (GFA), or to details of the retail spaces as outlined in this Condition #44, shall be submitted to and may be approved by the Zoning Administrator if she finds that such changes are minor, as defined below, and are consistent with the original Site Plan approval. For the purposes of the preceding sentence, minor adjustments shall include only the following: (i) a minor adjustment in the location of the retail along the street frontage on the ground floor; or (ii) a minor adjustment in the GFA for the retail space, as long as the total approved retail GFA for the entire Site Plan does not change; or (iii) a minor adjustment in the elements of the retail space as described in this Condition #44 and Condition #61. All other changes to the approved retail will require a Site Plan amendment. 2) Any change in the use of the retail space from retail to office or other uses inconsistent with this Condition #44 shall require a Site Plan amendment. 61. Modifications to Approved Interior (Life of Site Plan) The developer agrees that, except as provided below, any change to the number of units or any change in the gross floor area of the residential common areas from what is called for on the plans referenced in Condition #2 dated March 11, April 8, May 5, June 6, September 5, and October 30, 2014, and February 10, and April 30, 2015, and September 20, 2016 approved by the County Board on May 16, 2015 November 5, 2016 shall require a site plan amendment. Notwithstanding the foregoing, however, the Zoning Administrator may approve, by administrative change, any of the following: A. With respect to the areas approved for residential use: 1) A change in the gross floor area of the residential common areas of not more than 5% for reasons related to design; or 2) A change in the gross floor area of the residential common areas of greater than 5% but not more than 10%, if the Zoning Administrator determines also that such change is either (i) required for building code compliance, or (ii) is a structural modification identified during the time of the review of Building Permits by the Inspection Services Division; or SP #11 Site Plan Amendment

15 3) A change to the number of units of not greater than 5%, if the Zoning Administrator determines also that such change is either (i) required for building code compliance, or (ii) is a structural modification identified during the time of the review of Building Permits by the Inspection Services Division; or B. With respect to the areas approved for office use: 1) a change in the use of all or a portion of the top two floors of the Plaza 6 building to a residential use (up to a maximum of 24,960 sf of gross floor area), provided that such use is similar in terms of unit size to that approved by the County Board on July 19, C. With respect to the areas approved for retail use: 1) A change in the use of the first floor retail so long as the total gross floor area is not less than 5,696 square feet for changes associated with ancillary space or modifications required by code. SP #11 Site Plan Amendment

16 PREVIOUS COUNTY BOARD ACTIONS: August 10, 1963 Approved a rezoning from M-2 to C-O. Approved a site plan for a six-building office complex. April 4, 1964 December 12, 1964 March 6, 1965 April 10, 1965 July 24, 1965 September 11, 1965 December 18, 1965 June 4, 1966 July 30, 1966 Approved a site plan amendment to modify subdivision lines, reduce building heights and bulk, and modify location of parking. Approved rezoning a portion of site from C-O to RA-4.8 (2021 & 2201 Jefferson Davis Highway). Approved a GLUP Amendment from Industrial to Offices and Apartments. Approved a site plan amendment for the office building complex regarding parking. Approved a site plan amendment for a temporary building to house model apartments. Approved a site plan amendment for a sign for the temporary building. Approved a site plan amendment to revise the parking, and construct a 6,080 square foot ice skating rink on the first basement level, two (2) machinery areas and a 1,440 square foot equipment room on the second basement level. Approved a site plan amendment to revise the parking, and construct a 6,080 square foot ice skating rink on the first basement level, two (2) machinery areas and a 1,440 square foot equipment room on the second basement level. Approved a site plan amendment for signage for the residential buildings. SP #11 Site Plan Amendment

17 September 10, 1966 December 3, 1966 June 17, 1967 July 15, 1967 September 23, 1967 February 9, 1974 November 9, 1974 July 7, 1979 Approved a site plan amendment for the Crystal Plaza South residential building to convert 2 units to a dental office and a dental office and a central telephone exchange. Approved a site plan amendment to convert 2,330 square feet of parking to an expanded telephone equipment room. Approved a site plan amendment for identification and directional signage for Crystal Plaza. Approve a site plan amendment to modify the building alignment of office buildings 1 and 2. Approved a site plan amendment for signs for office buildings 3 and 4. Approved a GLUP Amendment from Offices and Apartments to 4/7ths High Residential and 3/7ths High Office- Apartment-Hotel with a maximum office F.A.R. of 1.5. Approved a site plan amendment for a temporary billboard. Approved a site plan amendment to permit designated space on the plaza levels for use by profit February 5, 1983 Approved a site plan amendment (SP #11, 56, 90, 135 and 167) for identification and directional signage for Crystal City and the Crystal Plaza Shops. May 7, 1983 Approved a site plan amendment for the parking deck. July 8, 1989 Deferred a site plan amendment (SP #11, 56, 90, 135 and 167) for a coordinated sign plan consisting of 60 new signs and retention of SP #11 Site Plan Amendment

18 13 existing signs to the August 12, 1989 County Board meeting. August 12, 1989 Continued use permit (U ) subject to all previous conditions and a review in three (3) months. Approved a site plan amendment (SP #11, 56, 90, 135 and 167) for a coordinated sign plan consisting of 60 new signs and retention of 13 existing signs including Metro Station and Buchanan House signage. February 9, 1991 Approved a site plan amendment (SP #11, 56, 90, 135 and 167 to amend the coordinated sign plan to permit two temporary office-leasing banners, at heights below 35 feet, on two office buildings until November 27, 1991, at 1225 and 221 Jefferson Davis Highway. January 16, 1993 March 6, 1993 April 3, 1993 July 13, 1993 September 11, 1993 March 5, 1994 Deferred a site plan amendment for a fourstory addition and associated improvements to the March 6, 1993, County Board meeting. Deferred a site plan amendment for a fourstory addition and associated improvements to the April 3, 1993, County Board meeting. Deferred a site plan amendment for a fourstory addition and associated improvements to the July 10, 1993, County Board meeting. Deferred a site plan amendment for a fourstory addition and associated improvements to the September 11, 1993, County Board meeting. Deferred a site plan amendment for a fourstory addition and associated improvements to the March 1994, County Board meeting. Deferred a site plan amendment for a fourstory addition and associated improvements to the June 4, 1994, County Board meeting. SP #11 Site Plan Amendment

19 May 7, 1994 June 4, 1994 September 10, 1994 May 17, 1997 November 13, 1999 February 10, 2001 Continued use permit (U ) subject to all previous conditions, with a review in two (2) months. Deferred a site plan amendment for a fourstory addition and associated improvements to the September 10, 1994, County Board meeting. Approved site plan amendment for a fourstory addition and associated improvements. Approved a site plan amendment for conversion of approximately 1,103 square feet of retail area to office space. Approved a site plan amendment for temporary conversion of 3,748 of lobby level space from retail to office use. Deferred General Land Use Plan amendment to change the striping pattern from 3/7 High Office-Apartment-Hotel and 4/7 High Residential to 3/5 High Office- Apartment-Hotel and 2/5 High Residential. Deferred Master Transportation Plan amendment concerning changes in the number of through lanes, deleting pedestrian overpasses, and deleting a bike trail. March 17, 2001 April 21, 2001 Deferred General Land Use Plan amendment to change the striping pattern from 3/7 High Office-Apartment-Hotel and 4/7 High Residential to 3/5 High Office-Apartment-Hotel and 2/5 High Residential. Deferred General Land Use Plan amendment to change the striping pattern from 3/7 High Office-Apartment-Hotel and 4/7 High Residential to 3/5 High Office-Apartment-Hotel and 2/5 High Residential. SP #11 Site Plan Amendment

20 May 19, 2001 Approved site plan amendment to add approximately 134,050 square feet of retail use, convert approximately 24,314 square feet of office use to retail use, and add approximately 84,034 square feet of office use to SP #11 and SP #56. March 15, 2003 Deferred request for a rooftop sign at 2111 S. Jefferson Davis Highway. April 26, 2003 Deferred request for a rooftop sign at 2111 S. Jefferson Davis Highway. June 17, 2003 Approved request for a rooftop sign at 2111 S. Jefferson Davis Highway. June 15, 2004 July 10, 2004 October 2, 2004 July 10, 2004 October 15, 2005 July 8, 2006 Deferred request for a comprehensive sign plan amendment. Deferred request for a comprehensive sign plan amendment. Approved request for a comprehensive sign plan amendment. Approved a site plan amendment to comprehensive sign plan permitting 1,288 square feet of retail sign area ground level facades along 20th and 23rd Streets with photographic and text panel signs identifying Underground Shops and directional signage. Approved a site plan amendment to continue an educational use in approx. 3,748 sq. ft. of retail space and approx. 3,500 sq. ft. on fifth floor, and expand into approx. 4,475 sq. ft. on the first floor located at 2001 S. Clark St. with County Board review in five years (2010). Approved renewal of site plan amendment for the University of Oklahoma to continue education use within a space designated for retail use within Crystal Plaza subject to one SP #11 Site Plan Amendment

21 revised condition, which applies solely to the Site plan amendment, and with a review by the County Board in five (5) years (April 2011). September 16, 2006 Approved a site plan amendment (SP #11) to convert office building to residential use and add six additional floors, with modifications of use regulations for height and loading spaces. June 17, 2008 September 17, 2008 November 15, 2008 September 25, 2010 December 14, 2010 April 16, 2011 September 21, 2013 SP #11 Site Plan Amendment Approved request for a comprehensive sign plan amendment. Approved a renewal of a site plan amendment for the Institute of Psychological Sciences to continue education use within a space designated for retail use within Crystal Plaza, and with a review by the County Board in five (5) years (September 2013). Approved a site plan amendment for temporary conversion of approximately 1,563 square feet of ground floor space from retail to a leasing office. Accepted withdrawal of a site plan amendment request to convert retail space to office use within the Crystal City Shops. Approved a site plan amendment to revise landscaping, pedestrian bridge removal timing, rooftop mechanical screening, and LEED, with modification of Conditions # 46, 70, 7. Renewed a site plan amendment to extend the use of retail space for educational purposes by the University of Oklahoma with County Board review in five years (April 2016). Renewed a site plan amendment for The Institute for the Psychological Sciences to operate an educational institution on the ground floor level of Crystal Plaza One,

22 subject to all previous conditions and with new Condition #79 and with no further scheduled County Board review. June 14, 2014 July 17, 2014 April 18, 2015 May 16, 2015 October 17, 2015 October 15, 2016 Authorized advertisement of public hearings by the Planning Commission and County Board in less than the required 120 days to review a site plan amendment to change the use of an existing office building to a residential building with ground floor retail at 2221 S. Clark Street. Approved a site plan amendment to change the use of an existing office building to a residential building comprised of approximately 152,529 square feet of residential GFA and 5,848 square feet of retail. Authorized advertisement of public hearings by the Planning Commission and County Board in less than the required 120 days to review a site plan amendment to permit 24,960 square feet of residential to be used as office at 2221 S. Clark Street. Approved a site plan amendment to permit approximately 24,960 square feet of residential GFA to be used as office GFA with modifications to parking. Approved a site plan amendment to modify the approved parking ratio for the retail use at 2221 S. Clark Street (Crystal Plaza 6). Deferred consideration of a site plan amendment to convert 440 square feet of ground floor residential GFA to be converted to ground floor retail GFA and the addition of 25 square feet of additional retail GFA to install a revolving door until the November 5, 2016 County Board meeting. SP #11 Site Plan Amendment

23 EXHIBIT A

24 PROGRAM KEY: PUBLIC RESI / OFFICE LOBBY SERVICE CORE EXISTING VESTIBULE GROUND FLOOR PLAN + MEZZANINE FLOOR PLAN 1/8 = 1-0 FIRE CONTROL ROOM ELEC. ROOM ELEVATOR ELEVATOR MECH SHAFT LOBBY ELEVATOR LOBBY RETAIL 5696 SF RECEPTION DESK ELEVATOR ELEVATOR MECH SHAFT PACKAGE ROOM CORRIDOR TRASH ROOM LEASING LOADING BERTH TRASH STORAGE 07 04/30/15 MAJOR SITE PLAN AMENDMENT 06 02/10/15 MAJOR SITE PLAN AMENDMENT A V V V A

25 PHOTOBOOTH 0105 CORRIDOR 0107 TRASH RECYCLING 0110 KITCHEN 0108 BOH STORAGE G SF STORAGE 0109 EXTENT OF RETRACTABLE AWNINGS A 115 FIFTH AVENUE NEW YORK, NY T F PROJECT: DRAWING TITLE: DATE: PROPOSED RETAIL SF WW 2221 S CLARK (RETAIL) PROJECT NO First Floor Retail SCALE: 3/32" = 1'-0" 09/20/2016 DWG. NO.: 01

26 RA-H-3.2 RA JEFFERSON DAVIS HWY M S CLARK ST C-2 C-O 23RD ST S JEFFERSON DAVIS HWY JEFFERSON DAVIS HWY S CLARK ST SP# S. Clark St. I RPC # Scale: Case Location(s) 1:1,200 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