ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 29, 2005 DATE: January 21, 2005 SUBJECTS: A. SP #83 SITE PLAN AMENDMENT to permit the development of 21 additional units using the Columbia Pike Form Based Code with modifications of use regulations for additional density; premises known as 2200 Columbia Pike (RPC # ). Applicant: Graham Associates Benjamin M. Smith, Jr. et al. c/o B.M. Smith & Associates th Street South Arlington, Virginia B. U USE PERMIT REQUEST for approval under the Columbia Pike Form Based Code, with appropriate modifications for building placement and streetscape details; premises known as 2112 and 2200 Columbia Pike (RPC # , -027). By: P. David Tarter Lawson & Frank, PC 6045 Wilson Boulevard, Suite 100 Arlington, Virginia C.M. RECOMMENDATION: A. Deny the site plan amendment request for the Site Plan covering the entire block, except Parcel B, to permit the development of 21 additional residential units in accordance with the Columbia Pike Form Based Code, subject to the conditions of the staff report, and subject to vacation of street right-of-way and fire lane easements by the County Board. B. Deny the Use Permit application for Parcels A, B and D, with modifications for building placement and streetscape details and subject to the conditions of the staff report. County Manager: County Attorney: Staff: Richard Tucker, DCPHD, Planning Division Dave Robinson, DES

2 ISSUES: In order to be consistent with the Columbia Pike Form Based Code, should additional development be allowed on a site that has a Site Plan approved and built at maximum density? Does a small publicly-owned park adequately offset the loss of a larger, private open space? SUMMARY: The applicant is seeking approval of a Site Plan Amendment to allow a 21-unit townhouse development that would conform to the Columbia Pike Form Based Code (FBC), which was adopted by the County Board in February The subject properties are located within the Columbia Pike Special Revitalization District and are eligible for redevelopment using the FBC. The area within the subject properties proposed for development is currently developed as a landscaped, private lawn and a surface parking lot as part of a previously developed site plan. Consideration of this application was deferred from the May 2004 County Board meeting through November 2004 as staff promulgated separate reports to address technical issues related to the subject applications. In conjunction with the Site Plan amendment and Use Permit applications, the County Board will also consider a zoning ordinance amendment and easement vacation requests. A zoning ordinance amendment would be required to allow the County Board to approve density greater than the 48 unit per acre limit specified by ordinance. The applicant has requested a vacation of a street right-of-way easement along South Courthouse Road and a fire lane easement within the site in conjunction with the Site Plan amendment and Use Permit (Form Based Code) applications. These matters are discussed more fully in separate reports. The proposal was deferred from the November 2004 County Board meeting because there were several continuing concerns raised by the community and the Planning Commission that had not been fully addressed. Among these concerns, the primary issues were the loss of open space, reconciliation of the site plan and use permit (Form Based Code) requirements, and questions as to whether the proposal meets the ultimate redevelopment vision for the block. Since November, the applicant has worked to address these concerns by developing an alternative proposal. The alternative proposal includes a reduced unit count (from 26 units to 21 units) within the Use Permit area, new building elevations along South Courthouse Road that reduce the height of the first floor, a pocket park approximately 6,700 square feet in size that replaces some of the previously proposed units, and additional off-street parking. However, the applicant s proposal does not ameliorate the concerns that have been expressed by the community; and therefore staff recommends that the Site Plan and Use Permit applications be denied. BACKGROUND: The County Board approved the existing Site Plan (#83) in March 1971 for the larger U -shaped parcel, including a 12-story, 218-unit residential building known as 2200 Columbia Pike, 243 garage and surface parking spaces, and private landscaped area, 27,749 square feet (.63 acres) in size. The original site plan was approved at a time when the typical suburban development pattern was one of high-rise or garden style apartment buildings set back from the street, surface parking lots, and some associated green space. The Site Plan approval allowed an additional four (4) stories to be built above that permitted by-right, based on an agreement that substantial private green space would be incorporated in the plan. There was no Site Plan Condition specifically discussing the provision of this space, although the plans submitted to the County show the open space. (See Attachment - Site Plan #83 Staff Report) An SP#83 Site Plan Amendment - 2 -

3 adjacent parcel, known as the Key Apartment (2112 Columbia Pike), located within the U shaped parcel and fronting on Columbia Pike had previously been developed with a garden style, 30-unit apartment building. The applicant proposes to utilize portions of the Site Plan area and the adjacent parcel in the new development. Proposed Development: The applicant is seeking a Site Plan Amendment and a Use Permit to allow additional development under the FBC, without removing the existing development. The proposed project involves two (2) existing parcels that are proposed to be subdivided into five parcels, labeled Parcel A through Parcel E on the attached materials. The applicant proposes to include a 49,302 square foot portion of the original Site Plan area in the new Use Permit area, labeled Parcel A [which is proposed to be subdivided further into 21 individual townhouse lots and common area for parking, access, and open space]. Parcel B, which is the adjacent 2112 Columbia Pike property, is also included in the Use Permit area and measures 36,371 square feet in area. Parcel C, which is 111,706 square foot in size and contains the 2200 Columbia Pike building, is also in the Site Plan area. A small out-parcel, labeled Parcel D, is also proposed to be subdivided from Parcel C and is included in both the Site Plan and Use Permit areas. Parcel E, which is 11,759 square feet in size, is proposed to remain within the Site Plan area and would contain a proposed pocket park. The total Use Permit area (Parcels A, B, and D) is 88,987 square feet in size. As a result of the proposed subdivision, up to 26 parking spaces located within the Use Permit area will be used to address parking needs for the 2200 Columbia Pike building. Site Plan Condition #13 and Use Permit Condition #21 address this issue. The dwelling units within the existing 218-unit high-rise building (2200 Columbia Pike) and the adjacent 30-unit Key Apartments building (2112 Columbia Pike) are not modified by this proposal. The following provides additional information about the site and location: Site: The 176,713 square foot (4.06 acres) U -shaped site is bounded by Columbia Pike, South Wayne Street, 12 th Street South, and South Courthouse Road and a 37,827 square foot parcel located within the larger parcel, fronting on Columbia Pike. Zoning: The larger parcel is zoned RA6-15 Apartment Dwelling Districts and the smaller parcel is zoned RA8-18 Apartment Dwelling Districts. Land Use: The site is designated on the GLUP as Medium Residential (37-72 units per acre) and is located within the Columbia Pike Special Revitalization District. Neighborhood: Columbia Heights Civic Association and Columbia Pike Revitalization Organization (CPRO). SP#83 Site Plan Amendment - 3 -

4 Summary Table: Original Site Plan Area Site Plan Area (Parcels A, C, D & E) Use Permit Area (Parcels A, B and D) Site Area 176,713 s. f. (4.06 acres) 178,034 s. f. (4.08 acres) 90,940 s. f. (2.09 acres) Density Number of units 218 units 218 units existing 2200 building on Parcel C (21 proposed townhouse units on Parcel A) 51 units 30 units existing 2112 building on Parcel B 21 proposed townhouse units on Parcel A Overall Density 54 units/ acre 59 units/ acre 25 units/acre Requirements RA6-15 / RA8-18 (Col. RA6-15 RA6-15 Pike Form Based Code) Height Allowed 125 feet 125 feet 2-5 Stories (Avenue Frontage) Stories (Local Frontage) Average site feet feet feet elevation Main roof elevation feet feet to Height in feet to main feet feet to feet roof Height in stories 12 (By Site Plan) 12 (By Site Plan) 3-story existing 2112 building 3.5 stories proposed on Local frontage 4 stories proposed on Avenue frontage Parking Total parking spaces 243 spaces 294 spaces* 86 spaces 221 garage spaces 22 surface spaces 221 garage spaces on Parcel C and 26 surface spaces on Parcels A / B for 2200 building 5 surface and 42 garage spaces for proposed townhouses Parking Ratio 1.11 per unit 1.13 per unit for existing 2200 building 39 garage and surface spaces for existing 2112 building 47 spaces for proposed townhouses (*26 spaces on Parcels A & B for 2200 building) 1.69 per unit (not including 26 spaces for 2200 building) 2.24 per unit for proposed townhouses Compact Ratio N/A N/A 8.0 % Parking 243 spaces 243 spaces Requirement (for 2200 existing building) Open Space N/A N/A 19.9% LEED Score N/A N/A spaces (for townhouses and apartments) SP#83 Site Plan Amendment - 4 -

5 Transportation: The site is located in the southwest corner of the intersection of Columbia Pike and South Courthouse Road. The Master Transportation Plan classifies Columbia Pike as a principle arterial and South Courthouse Road as a neighborhood-minor street. The site also has frontage along 12 th Street South, which is classified as a neighborhood-minor street. Adjacent to the site, on-street parking is permitted along both sides of South Courthouse Road and prohibited along the Columbia Pike and 12 th Street frontages of the site. Trip Generation: The proposed townhouse development is estimated to generate 11 vehicle trips in the am and pm peak hours. Arterial access to the site is available from Columbia Pike at South Courthouse Road. The intersection of Columbia Pike and South Courthouse Road operates under traffic signal control and the expected additional traffic from the development should not have a significant impact on the surrounding street system. Parking: The proposed development within the Use Permit area provides a total of 112 off-street parking spaces, including 61 garage spaces and 51 surface parking spaces. In keeping with the Form Based Code s emphasis on shared parking, these spaces are for both the 21 townhouses and the existing 30 units in the Key Apartments building. Access to the parking spaces is from one driveway entrance off South Courthouse Road and 12 th Street South. The proposed parking supply ratio for the use permit area is 1.68 parking spaces per dwelling unit. The Form Based Code for residential projects dictates that there shall be a minimum of one parking space and a maximum of three spaces per unit for a project of this size. The parking ratio for the site plan area (2200 Columbia Pike) is 1.13 parking spaces per dwelling unit; which is a slight (4 space) increase in parking over what was originally approved and built in Streets: Columbia Pike. Due to the existence of extensive underground utilities, the applicant has requested that the building be placed at a distance of 59.5 feet from the survey centerline. The proposed building placement is two feet beyond the distance required in the County s adopted Columbia Pike Street Space Plan. Under the Form Based Code, the Required Building Line for this section of Columbia Pike is 55.5 feet from the centerline. The Form Based Code specifies that if the proposed buildings have front porches that are 8 feet wide, as in this case, that the building line be shifted 2 feet back (to 57.5 feet). Courthouse Road. The applicant s proposed Courthouse Road streetscape includes two 10- foot-wide travel lanes and a 9-foot-wide left turn lane at the intersection of Columbia Pike. Parking lanes 8 feet wide will be provided on both sides of the street. The pedestrian crossing distance at the Columbia Pike intersection will be 32 feet. 12 th Street South. The existing 21 feet 9 inch wide street is proposed to be narrowed to 20 feet to accommodate the wider tree planting strip and sidewalk required by the Form Based Code. 12 th Street South streetscape includes two 10-foot-wide travel lanes Pedestrian Access: The applicant proposes to provide a six-foot wide clear sidewalk along Columbia Pike and 12 th Street South adjacent to the Use Permit site area. The South Courthouse SP#83 Site Plan Amendment - 5 -

6 Road frontage will have a minimum of nine feet of clear sidewalk space between the proposed planting areas and the front stoops of the townhouses. Public Transit: There is a bus superstop planned for Columbia Pike adjacent to the site in front of the Key Apartments building. A Super Stop may include features such as extensive Metro and ART bus route information, next bus technology, and off board payment. Public transportation is available adjacent to the site on Columbia Pike. Metrobus Route 16 (Columbia Pike Line) provides extensive service in the Columbia Pike corridor between the Pentagon and the Annandale/Culmore areas in Fairfax County. Metrobus Route 24 provides service between the Pentagon and Ballston Metro stations via Columbia Pike east of South Courthouse Road. Bicycle Access: The Columbia Pike Street Space Plan calls for both on-street and off-street bike lanes on this section of Columbia Pike. The applicant s proposal includes a bike lane on the south side of Columbia Pike and is consistent with the Street Space Plan. Utilities: Adequate water and sanitary sewer capacity is available to serve the proposed development. The developer will be required to comply with the new Chesapeake Bay Preservation Ordinance and the Plan of Development requirements, including a Resource Protection Area Delineation (site is not located in an RPA), a Landscape Conservation Plan, a Storm Water Management Plan, and an Erosion and Sediment Control Plan. DISCUSSION: The applicant has requested an amendment to the existing Site Plan and approved conditions to allow additional development on the site. The proposed Site Plan amendment would allow additional density and development even though the site is developed at more than the density that could be permitted today. The existing site plan development would continue to be governed by the original site plan approval and conditions, and the proposed 21 townhouses located on Parcel A, if approved, would be governed by the use permit conditions attached to this report. As part of the Columbia Pike Special Revitalization District, the subject site is eligible for redevelopment under the FBC, subject to Use Permit approval, since the site area is greater than 40,000 square feet. The Regulating Plan (map) of the FBC specifies what Building Envelope Standard (BES) applies to each property. The BES sets forth regulations pertaining to building height, building placement, and permitted uses on parcels within the District. The Form Based Code also specifies where open space is to be built or maintained. The subject site, having been assigned a BES, can be developed under the FBC according to its two (2) BES or building type designations: Avenue and Local. The Avenue frontage, along Columbia Pike, calls for a building between 2 and 5 stories in height. The Local frontage, along South Courthouse Road, calls for a building between 2 and 3-1/2 stories in height. The building materials and architectural details comply with the Architectural Standards of the Code. The applicant has proposed 21 townhouses that vary in height from 4 stories (along Columbia Pike) to 3-1/2 stories (along South Courthouse Road and 12 th Street South). These building heights conform to the height requirements of the FBC. The Required Building Line (RBL) is the location where the building is required to be placed and is expressed as a distance from the survey centerline of the roadway. For this site, the Columbia Pike RBL is 57.5 feet; the South SP#83 Site Plan Amendment - 6 -

7 Courthouse Road RBL is 37.5 feet; and, the 12 th Street South RBL is 37.5 feet (from the property line, since 12 th Street South is dedicated as an easement for one half of a public street and utilities). Each of the townhouse units is proposed to be built along the Required Building Line, as set forth in the FBC, along the 12 th Street South and South Courthouse Road frontages. Along the Columbia Pike frontage, there are extensive underground utility vaults that make siting buildings on the RBL and implementing the Columbia Pike Street Space Plan difficult. In order to address this problem, the applicant has requested that units 1 through 5 be located two feet back from the RBL at a distance of 59.5 feet from the survey centerline of Columbia Pike and have proposed an alternate street cross section. Modifications: The applicant has requested that additional density be allowed on the subject site, which can be accomplished by amending the original Site Plan (Site Plan #83), provided the County Board adopts the proposed Zoning Ordinance amendment to permit additional density in RA6-15 Districts within the Columbia Pike Special Revitalization District. Density: At the time Site Plan #83 was approved (1971), allowable density was calculated on a sliding scale based on the size of the dwelling units being proposed. The site plan has an overall density of 54 dwelling units per acre (using current standards), which exceeds the currently allowable density of 48 dwelling units per acre for the RA6-15 zoning district. The proposed new development would increase the overall density of the site to 59 dwelling units per acre. The current language of the Zoning Ordinance does not permit the County Board to approve density greater than 48 dwelling units per acre. However, if adopted, a proposed Zoning Ordinance amendment (which is addressed in a separate report) would give the County Board the authority to modify density for parcels in RA6-15 Districts that have approved site plans to permit Form Based Code development where doing so will help achieve the urban village concept as described by the Columbia Pike Initiative Plan. Staff recommends that no action be taken by the County Board on the proposed Zoning Ordinance amendment since the Site Plan amendment and Use Permit requests are not recommended for approval. Required Building Line and Street Space details: Due to the existence of large underground utility vaults along the Columbia Pike frontage, the applicant is unable to place units 1 through 5 on the established RBL. Streetscape details, such as the construction of curb and gutter, and street tree plantings can not be implemented in accordance with the Columbia Pike Street Space Plan. The applicant proposes an alternate street space plan that places the building further into the site. Since the subject property is located at the eastern edge of the Columbia Pike Special Revitalization District and additional development is not anticipated in this area, staff has determined that these modifications are acceptable and do not interfere with the overall Street Space Plan. The applicant has revised the building elevations along South Courthouse Road such that the first floor elevation is within five (5) feet of the adjacent sidewalk and is now in compliance with the Form Based Code requirement. Community Benefits: Streetscape - The applicant proposes to complete streetspace improvements along Columbia Pike between South Wayne Street and South Courthouse Road, along South Courthouse Road SP#83 Site Plan Amendment - 7 -

8 between Columbia Pike and 12 th Street South, and along approximately one-half of 12 th Street South. Streetscape improvements cannot be completed on the remainder of 12 th Street South due to the existing parking structure. Open Space A central question in reviewing this case is whether it is appropriate to amend the original approved Site Plan, allowing development on approximately 27,000 square feet of private open space. The applicant s original redevelopment proposal, with 26 new townhouse units and no reserved open space (public or private), included a contribution to the County of $550,000 to be used for the purchase of future open space. In the alternative proposal, the applicant proposes to grant a 6,688 square foot park space to the County for general use by the public. The Planning Commission and nearby residents have stated repeatedly during several hearings and meetings that the applicant s offer of both a cash contribution and/or a small public park do not adequately address the intent of the previous Site Plan approval; which was to provide a large open space for general use. Transit Improvements - In order to facilitate the implementation of the Super Stop transit stop planned for this area, the applicant has agreed to construct an 80-foot long concrete pad midblock along Columbia Pike where the Super Stop is proposed and shown on the site plan. Affordable Housing - The applicant has agreed to provide an affordable housing contribution of $94,500 ($4,500 x 21 units) for this project. Community Process: The applicant met with the Columbia Heights Civic Association on several occasions to get their feedback on the proposed project. The following concerns have been raised and addressed by the applicant: (1) Potential loss of the brick bus shelter at the corner of Columbia Pike and South Courthouse Road. The County plans to replace the bus shelter with a Super Stop, which would include a new bus shelter/canopy, technological enhancements, and seating, as part of ongoing Columbia Pike Transit improvements. The applicant has agreed to construct an 80-foot long concrete bus stop pad as part of the streetscape plan for the site. As part of this proposal the bus stop would be relocated mid-block, in part to address the closure of a bus stop at South Wayne Street. (2) Potential conflicts between school buses and proposed on-street parking along 12 th Street South. On-street parking along 12 th Street South was not feasible due to the insufficient pavement width on that street. (3) Proposed loss of (private) open space. The applicant has agreed to build a pocket park approximately 6,700 square feet in size and grant it to the County for public use. (4) Potential loss of off- and on-street parking spaces. In response to on-going discussions with the Civic Association, the applicant proposes to provide four (4) additional spaces for use by residents of the 2200 building within the Use Permit area. SP#83 Site Plan Amendment - 8 -

9 The Columbia Height Civic Association, or the executive committee thereof, has voted to support both the original and the revised (current) proposal. The project was also reviewed at a Site Plan Review Committee (SPRC) meeting on April 22, At that meeting, the committee members asked for clarification of the density issues related to the requested site plan amendment. The density issues are addressed in this report. Committee members were also interested in incorporating the adjacent Key Apartments site into a larger, more comprehensive project. The applicant explained that the Key Apartments site was considered; however, the height limits of the site, as prescribed by the Form Based Code, limited the applicant s ability to create a financially feasible multi-family project. At a second SPRC meeting, held on January 6, 2005, committee members questioned whether the proposed pocket park was in the proper location, how it could best be planned and built incorporating neighborhood input, and what impact long term maintenance issues might have on County resources. Members also reiterated earlier concerns about reconciling site plan and use permit requirement on this site. Another significant point of discussion was the requested modification of street space requirements, which may affect the implementation of the Columbia Pike Street Space Plan in the long term. Planning Commission: This matter was heard at the June 1, 2004 Planning Commission meeting. The Planning Commission recommended that the County Board defer the Site Plan Amendment and Use Permit requests for one (1) month in order to allow time for staff to provide additional information regarding the case. Specifically, the Commission members asked that staff: (1) Clarify the requirement for public open space as a justification for allowing additional density over the maximum for RA6-15 districts. Section 36 (H.) (5.) (a.) of the Zoning Ordinance states that the provision of public open space can be considered by the County Board as part of the basis for approving additional density. (2) Make a determination as to the applicability of affordable housing policies when both a site plan amendment and a Form Based Code (use permit) approval are requested. The applicant has agreed to contribute $94,500 to the Affordable Housing Reserve Fund. (3) Make a determination as to whether new development in accordance with redevelopment goals, plans, and policies is a public benefit equivalent in value to the provision of public open space. This is a value judgment that should be made by the County Board, however the staff recommendation is deny the proposed development, because the existing development on the site exceeds the allowed limit and the benefits of the redevelopment plan are insufficient to justify additional density and development on the site. (4) Make a determination as to whether, in a case where a Form Based Code use permit application is being considered for a portion of a previously approved site plan project area, the Form Based Code requirements apply to the entire site plan area. When a Form Based Code project is considered in conjunction with an existing site plan, the goal SP#83 Site Plan Amendment - 9 -

10 should be to apply the design elements of the Code, where feasible; while at the same time, preserving the positive amenities offered by the existing development, if any. (5) Provide information on other approved site plans within the Columbia Pike Special Revitalization Code could these sites redevelop using the Form Based Code and are there conflicts between Site Plans and the Form Based Code that apply to these sites as well? In reviewing all of the properties within the Columbia Pike Special Revitalization District, it has been determined that the subject site is the only property with an existing approved site plan within the District where the County Board does not have the discretion to approve density greater than the stated maximum. There are two other existing site plans within the Columbia Pike Special Revitalization District for which the County Board would have discretion to approve additional density; 3401 Columbia Pike (Bank of America), which is zoned C-O Commercial Office Building, Hotel, and Multifamily District, and 5550 Columbia Pike (Wildwood Park), which is zoned RA7-16 Apartment Dwelling District. The Planning Commission held a second hearing on this matter on November 8, The Commission voted 11-1 to recommend denial of the Site Plan amendment and Use Permit requests. Commission members expressed that the loss of needed open space in this high density area would have a detrimental impact. Several members had questions and comments regarding the overall layout of the proposal and architectural details; with the general tone being that a better proposal, involving more comprehensive redevelopment of the site, would be a preferred alternative. Some Commissioners said that the benefits of proposed new development, although in keeping with the vision for Columbia Pike, did not outweigh the negative impacts that would result from the project. At a third hearing, held on January 10, 2004, the Planning Commission voted 10-2 to recommend denial of the Site Plan amendment and Use Permit requests. The Planning Commission questioned whether the proposed new development, although in keeping with the goals of the Columbia Pike Initiative Plan, would have a deleterious impact on the dense multifamily neighborhood by reducing the amount of available open space. Commission members again stated that a better proposal, incorporating more of the block would perhaps address the open space issue while also implementing the vision for a redeveloped Columbia Pike corridor. Staff Response: In further evaluating this proposal, staff has determined that increasing density on the site, with the site already being overly dense by current standards, cannot be supported because the proposal does not comply fully enough with the redevelopment goals set forth in the Columbia Pike Initiative and the Form Based Code. In that the proposal is a piecemeal redevelopment, a significant portion of the Site Plan area and the adjacent 2112 (Key Apartments) property will be left unimproved. Whereas generally, the goal for Columbia Pike is redevelopment of properties that were developed in an older style (i.e. set back far from the street), the proposal submitted by the applicant, in partially implementing the vision, does not address this visual and physical problem for the majority of the site. In proposing to develop only a portion of the block, the remainder of the block may be locked into the older style of development, which is clearly not the intent of the County s redevelopment efforts. SP#83 Site Plan Amendment

11 Although the applicant s latest proposal replaces some of the private open space that would have been lost in the original proposal with a public pocket park, the existing open space serves as an important resource for the area that cannot be replaced in part (or through a cash contribution - as was the previous proposal) in a way that meets the open space needs for this area. As proposed, this development is not permitted by the Zoning Ordinance. Certainly, the proposal does not justify revising density standards (by Zoning Ordinance Amendment) to the extent necessary for the County Board to even consider approving this development. CONCLUSION: Staff recommends that the County Board deny the Site Plan Amendment for the site plan covering the entire block, except Parcel B, and Use Permit request for Parcels A, B and D as the proposed development does not fully implement the redevelopment goals for Columbia Pike, or provide sufficient benefits to the community to offset the loss of open space in this area and therefore does not justify additional density and development on this site. (Site Plan and Use Permit Conditions are attached to this report for consideration by the County Board. If the County Board decides to approve the Site Plan amendment and Use Permit requests, the approvals should be subject to the attached conditions and subject to street right-ofway and fire lane easement vacations that are addressed in a separate report.) SP#83 Site Plan Amendment

12 Site Plan Conditions: (Conditions 1-10 were approved in 1971 (SP# 83); new Conditions are proposed.) 1. Dedicate easements for public street and utility purposes on South Wayne Street, South Courthouse Road, Columbia Pike and 12 th Street South, in accordance with Arlington County highway plans. All easement plats and instruments to be approved and submitted for record prior to the approval of permits. 2. Construct sidewalks, curb and gutter on all street frontages in accordance with approved plans and construct one-half street pavement (22 ) on 12 th Street South, from South Wayne Street to Courthouse Road. Arlington County will complete pavement construction on South Wayne Street, Courthouse Road and Columbia Pike service road (Wayne Street intersection). Pavement widening on Columbia Pike at Courthouse Road will be subject to State Highway permit and specifications. 3. Collect all site drainage and connect to an adequate storm sewer outlet. Also, construct storm sewer outlet on South Wayne Street from low point to 12 Street South, and at Courthouse Road at 12 th Street South (Intersection drainage). 4. Install Arlington County standard street lights as noted on the site plan. 5. Submit final engineering site plan inclusive of all supporting facilities for approval prior to permit approval. 6. All required easements, including fire lane easements over all parking garage levels. 7. Landscape and deck treatment plans to be approved by the County Manager as part of the approved site plan. 8. The developer should install underground wiring for all utilities on and at the periphery of the site. 9. The developer should consider fall-out shelter use of basement areas. 10. The site plan approval expires one year after the date of County Board approval if the approved building is not under construction. 11. The developer agrees that if no building permit is issued for structures approved pursuant to Use Permit (U ) within three (3) years from the date of County Board approval, the site plan amendment (SP#83) will be null and void and of no effect. 12. The developer agrees to complete streetscape improvements, including curb & gutter, sidewalk, and street tree installation, within the Site Plan area along Columbia Pike, South Courthouse Road and 12 th Street South in accordance with the submitted development plan dated January 5, 2005, applicable County standards, and as approved SP#83 Site Plan Amendment

13 by the County Board. The developer further agrees to complete the required streetscape improvements contemporaneously with the improvements proposed within the Use Permit area. 13. The developer agrees to develop and implement a parking management plan which outlines how garage and surface parking spaces shall be allocated to residents and visitors within the Site Plan (entire block except Parcel B) and Use Permit (Parcels A, B, and D) areas. At a minimum, 247 garage and/or surface spaces shall be allocated to residents and visitors of the 2200 Columbia Pike building, 39 garage and/or surface spaces shall be allocated to residents of the Key Apartments building, and 47 garage spaces shall be allocated to the townhouse residents. The parking management plan shall also include the location of any secure areas and the location of security gates or other measures to restrict access. The parking management plan shall encourage parking by visitors and customers of the project, through ease of access to the parking spaces, and signage. The developer shall submit the parking management plan to the Zoning Administrator and a copy to the Columbia Height Civic Association and obtain the approval of the County Manager or his designee of the plan, prior to the issuance of the first Certificate of Occupancy for any portion of the Use Permit site area. The developer agrees to submit an annual report to the Zoning Administrator, on or before the anniversary of the date of issuance of that first Certificate of Occupancy, documenting compliance with the parking management plan as well as any changes to the plan. 14. The developer agrees that the Site Plan amendment approved by the County Board on January 29, 2005 shall be null and void within three (3) years after the date of approval of this Site Plan amendment for any construction pursuant to the associated Use Permit (U ). The developer further agrees that no building permit will be issued until the developer obtains County Board approval of street right-of-way and fire lane vacations, meet the conditions of the vacations, and record a deed of vacation, as indicated on the development plan. 15. The developer agrees to design and complete improvements of a 6,688 square foot park space within Parcel E (as shown on the development plan) to include, at a minimum, trees, groundcover, seating and paving in accordance with preliminary designs submitted with the development proposal, subject to further review by and input from the Columbia Heights Civic Association and the County Manager. Prior to construction, the developer shall obtain approval of a final landscape plan which illustrates landscape and streetscape improvements, including the pocket park design, to be completed within the Site Plan and Use Permit (U ) areas. Prior to the issuance of the last Certificate of Occupancy, the developer agrees to complete all park and streetscape improvements and grant fee simple ownership of the park space to the County. SP#83 Site Plan Amendment

14 Use Permit Conditions (#U ): 1. The developer (as used herein, the term developer shall include the owner, the applicant and all successors and assigns) agrees to comply with the plans dated January 5, 2005 reviewed and approved by the County Board at the County Board meeting of January 29, 2005 together with any modifications proposed by the developer and accepted by the County Board or vice versa. This Columbia Pike Form Based Code Use Permit approval expires three (3) years after the date of County Board approval if the owner has not obtained a final building permit for construction of the approved plan and commenced construction under that final building permit. 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 Columbia Pike Form Based Code Use Permit and its conditions for their compliance with the County policies for land use, zoning and special exception uses current at that time. 2. The developer agrees to comply with the following before issuance of the Clearing, Grading and Demolition Permit and to remain in compliance with this condition until the final Certificate of Occupancy is issued. a. The developer agrees to identify a person who will serve as liaison to the community throughout the duration of construction. The developer agrees to post that information at the entrance of the project and to provide the name and telephone number of this individual, in writing, to the Zoning Administrator and to the following representatives: Benjamin H. Smith, Jr., et al. (The Key Apartments) th Street, S Arlington, VA Graham Associates (2200 Columbia Pike Apartments) C/O B.M. Smith & Assoc th Street, S Arlington, VA Snell Construction Corporation (Dominion Plaza Apartments) C/O VA Mgmt Inc. # N. Fairfax Drive Arlington, VA Snell Construction Corporation, et al. (Dominion Towers Apts.) C/O M. Winkler Co Seminary Rd., #900 Alexandria, VA SP#83 Site Plan Amendment

15 Reinsch Family, L.P. (Dorchester Apartments) Columbia Pike Arlington, VA Columbia Pike Revitalization Organization (CPRO) 2611 Columbia Pike Arlington, VA Barkley Condominium Association c/o Danny Abese 1016 South Wayne Street Arlington VA Columbia Heights Civic Association c/o John Antonelli 1016 South Wayne Street Arlington VA b. Before commencing any clearing or grading of the site, the developer shall hold a meeting with those whose property abuts the project (those listed in Use Permit Condition #2[a]) to review the construction hauling route, location of construction worker parking, plan for temporary pedestrian and vehicular circulation, and hours and overall schedule for construction. The developer agrees to provide documentation to the Zoning Administrator of the date, location and attendance of the meeting before a Clearing, Grading and Demolition Permit is issued. Copies of plans or maps showing the construction hauling route, construction worker parking and temporary pedestrian and vehicular circulation shall be posted in the construction trailer and given to each subcontractor and construction vehicle operator before they commence work on the project. Throughout construction of the project, the developer agrees to advise abutting property owners (those listed in Use Permit Condition #2[a]) in writing, of the general timing of utility work in abutting streets or on-site that may affect their services or access to their property. Written notices shall be distributed door to door by the applicant to all residents in the 2200 Columbia Pike building, and be given to the management company of the Dominion Plaza, Dorchester Apartments, Barkley Condominium and the Columbia Heights Civic Association properties for distribution. c. At the end of each work day during construction of the project, the developer agrees to ensure that any streets used for hauling construction materials or to enter the construction site, and adjacent sidewalks are free of mud, trash and debris. d. The developer agrees that construction activity, except for construction worker arrival to the construction site and indoor construction activity, will commence no earlier than 7:00 a.m. and end by 6:30 p.m. on weekdays and will commence no earlier than 10:00 a.m. and end by 6:30 p.m. on Saturdays, Sundays, and holidays. Holidays are defined as New Year s Day, Martin Luther King Day, Presidents SP#83 Site Plan Amendment

16 Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas. Indoor construction activity defined as activity occurring entirely within a structure fully enclosed on all sides by installed exterior walls, windows, and/or doors shall end at midnight each day, and any such activity that occurs after 6:30 p.m. shall not annoy or disturb reasonable persons of normal sensitivities. The developer agrees to place a minimum of one sign per street front indicating the permissible hours of construction around the construction site, to place one additional sign within the construction trailer containing the same information, and to provide a written copy of the permissible hours of construction to all subcontractors. e. Storage of construction materials, equipment and vehicles shall occur on the site or an approved off-site location, or as approved by the County Manager of his designee. 3. The developer agrees to submit and obtain approval of final site development/engineering plans from the County Manager or designee for consistency with this approval, any applicable statutes and ordinances, and County guidelines and policies. The final site development/engineering plan shall include the proposed location of water mains and service lines, storm and sanitary sewers, proposed underground utility services to the buildings, the trees to be preserved and new proposed trees on site. The plans shall be drawn at the scale of 1 inch = 25 feet and be 24 inches by 36 inches in size. No Building Permit shall be issued for this site until final site development/engineering plans and the sequence of construction has been approved by the County Manager or his designee. Once approved, final site development/engineering plans shall govern all construction on the site. 4. The developer agrees to install address indicator signs, which comply with Section of the Arlington County Code or successor provision, in locations visible from the street and as shown on the final engineering plan prior to the issuance of the first Certificate of Occupancy. 5. The developer agrees that, except as otherwise specifically provided in these conditions, all required easements and right-of-way agreements shall be submitted to the County Manager or his designee for approval and be recorded by the developer before the issuance of the Final Building Permit. 6. Upon approval of the final site-engineering plan, the developer agrees to submit a performance bond estimate, for the construction or installation of all facilities within the public rights-of-way or easements, to the County Manager or his designee for review and approval. Upon approval of the performance bond estimate, the developer agrees to submit a performance bond and agreement for the construction or installation of all these facilities within the public rights-of-way or easements to the County Manager or his designee. This bond shall be executed by the developer in favor of the County before the issuance of the Final Building Permit. SP#83 Site Plan Amendment

17 7. The developer agrees to obtain the County Manager s or his designee s approval for a final landscaping plan, consistent with final site development/engineering plans and with this use permit approval, and further agrees to obtain the County Manager s approval of a final landscape plan prior to issuance of a building permit. The developer shall submit a copy of the landscape plan to the Columbia Heights Civic Association when it is submitted to the County for review. The landscape plan shall include a Street Tree Plan which shall be reviewed by the County Manager or his designee and shall be accompanied by the site engineering plan and the two plans shall be compared to ensure that there are no conflicts between street trees and utilities; neither plan shall be approved until the landscape plan and the site engineering plan agree. The installation of all plant materials shown on the final landscape plan shall take place before the issuance of the first Certificate of Occupancy for the last building in the project or within three years of the date of approval (on or before January 29, 2008). The final site development and landscape plan shall include the following details, if applicable: 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, 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 site engineering plan and placed so as not to obstruct pedestrian travel or be visually obtrusive. Traffic control cabinets shall not be located within the public walkways. Transformers shall not be placed in the setback area between the building and the street. b. The location, dimensions, and materials for driveways, driveway aprons, parking areas, interior walkways and sidewalks as well as for address indicator signs. c. The location and types of light fixtures for streets, for parking, walkway and plaza areas. d. The location and dimension of the preserved open space located within the project, including the pocket park shown on Parcel E within the Site Plan area. e. Topography at two (2) foot intervals and the finished first floor elevation of all structures. Once approved, the final landscape plan shall govern construction or installation of elements shown thereon. 9. Landscaping shall conform to Department of Environmental Services Standards and Specifications, and to the following requirements: a. Planting materials shall be of good nursery stock and a nursery guarantee shall be provided by the developer for one year including the replacement and maintenance (to include but not be limited to pruning, feeding, spraying, mulching, weeding and SP#83 Site Plan Amendment

18 watering) of all landscape materials following the issuance of the final certificate of occupancy for each individual lot. b. Plant materials and landscaping shall meet the American Standard for Nursery Stock Z , and shall also meet the following standards: (1) Street Trees: Red Maple trees at a height of 12 to 18 feet with a minimum caliper of 4 to 4 1/2 inches. (2) Other Planted Materials: (a) Evergreen trees (such as Scotch Pines, White Pines, Hemlocks, etc.) - a minimum height of 8 to 10 feet. (b) (c) (d) Ornamental deciduous trees (such as Cherries, Dogwoods, Serviceberries, Hornbeams, etc.) - a height of 10 to 14 feet with a minimum caliper of 1 1/2 to 2 inches. Shrubs - a minimum spread of 18 to 24 inches. Groundcover - in 2 inch pots. c. All new lawn areas shall be sodded; however, if judged appropriate by the County Manager or his designee, based on accepted landscaping standards, seeding may be substituted for sod. All sod and seed shall be state certified. d. Exposed earth not to be sodded or seeded shall be well-mulched or planted in ground cover. Areas to be mulched may not exceed the normal limits of a planting bed. e. Soil depth shall be a minimum of four (4) feet for trees and tall shrubs and three (3) feet for other shrubs. This requirement shall also apply to those trees and shrubs in raised planters. Soil depth for raised planters shall be measured from the bottom of the planter to the top of the planter wall. The walls of raised planters shall be no higher than seat-wall height (2 1/2 feet, maximum) above the finished grade adjacent to them. f. Finished grades shall not exceed a slope of three to one or the grade that existed before the site work began. g. The developer agrees to maintain the site in a clean and well-maintained condition before the issuance of the Clearing, Grading and Demolition Permit and agrees to secure and maintain the site throughout the construction and phasing process. h. The developer agrees to notify the Department of Parks, Recreation and Community Resources (DPRCR) Urban Forester at least 72 hours in advance of the SP#83 Site Plan Amendment

19 scheduled planting of any street trees and to be available at the time of planting to meet with staff of DPRCR to inspect the plant material, the tree pit and the technique of planting. Soil used in the tree pit must meet the specifications for street tree plantings available from the DPRCR Urban Forester. i. The developer agrees to show on the landscape plan the locations and sizes of the proposed decks. The proposed decks shall be open and shall not be enclosed or built over. Minor modifications to the design of the buildings may be approved by the County Manager or his designee. 10. The developer agrees to contact all utility companies, including the electric, telephone and cable television companies, and offer them access to the site at the time of utility installation to install their underground cables. In order to comply with this condition the developer agrees to submit to the Zoning Administrator letters from the developer to the utility companies offering them access as stated above. 11. The developer agrees to hire a certified arborist or horticulturist to identify and prepare a document that would denote all trees and shrubs proposed to be preserved on the site and to submit a tree protection plan which identifies by species trees and shrubs to be saved, in addition to identifying any new trees and shrubs which would be included on the site prior to the issuance of the grading and demolition plan. The arborist shall determine the location of the chain link fencing. The developer further agrees that any trees to be preserved shall be indicated by a posted sign, in English and Spanish, on or near the trees. The developer agrees to obtain approval of the plan by the County Manager or his designee for consistency with this approval prior to the issuance of any grading and demolition plan. The applicant understands and agrees to meet the County standards for tree replacement values for the loss of all mature trees lost or removed during construction of the site. Once the County Manager has approved the tree preservation plan, it shall govern preservation of trees at the site. 12. The developer agrees to construct pavement, curb and gutter, sidewalk, driveway and street entrances along all frontages of this site in accordance with the Columbia Pike Streetspace Plan, the Columbia Pike Form Based Code, and/or Arlington County Standards prior to the issuance of the final certificate of occupancy of the first building in the project and according to the following dimensions: a. The developer agrees to construct new curb and gutter at its current location (28.2 feet (face of curb) from the survey centerline, along the south side of Columbia Pike in front of the 2200 Columbia Pike building and transitioning to 28.5 feet from the survey centerline in front of the Courthouse 26 townhouses, and the developer agrees to construct a streetscape section over the same area consisting of a continuous 10-foot wide planting strip adjacent to the back of curb, a 6-foot-wide smooth concrete walkway, and a second, 5-foot to 7.5-foot wide continuous planting strip which may be interrupted by walkways leading to townhouse porches; subject to approval by the County Manager or his designee. SP#83 Site Plan Amendment