ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of June 12, 2004 DATE: June 3, 2004 SUBJECT: A. Z REZONING from R-5 One-Family, Restricted Two-Family Dwelling Districts, C-2 Service Commercial Community Business Districts, and "C-O-1.0" Commercial Office Building Hotel and Apartment Districts to "R-C" Apartment Dwelling and Commercial Districts; premises known as 3801, 3811 Wilson Blvd., 3802, 3816 Ninth St. N. (RPC # , -006, -007, -008) Applicant: Amelia 1, L.C. B. SP #108 SITE PLAN AMENDMENT approx. 108 dwelling units, approx. 3,000 sq. ft. service commercial/retail, modification of use regulations for exclusion from density of mechanical closets & storage closets in garage; 3801, 3811 Wilson Blvd., 3802, 3816 Ninth St. N. (RPC # , -006, -007, -008) By: Catharine Puskar Walsh, Colucci, Lubeley, Emrich & Terpak 2200 Clarendon Boulevard, Suite 1300 Arlington, VA C.M. RECOMMENDATION: A. Approve attached resolution (page 44) to approve the rezoning request from R-5 One-Family, Restricted Two-Family Dwelling Districts, C-2 Service Commercial Community Business Districts, and C-O-1.0 Commercial Office Building, Hotel and Apartment Districts to "R-C" Apartment Dwelling and Commercial Districts. County Manager: County Attorney: Staff: Lisa Maher, Planning Division, DCPHD Tunji Akiwowo, Housing Division, DCPHD Tara Lake, Planning Division, DPW PLA-3671

2 B. Approve the site plan amendment request, with modifications of use regulations for exclusion of GFA for below ground storage and vertical shafts, and for 1,212 square feet of additional density, subject to the conditions in the staff report. ISSUES: None. SUMMARY: The applicant has designed an eight-story residential project consisting of 108 units and 4,158 square feet of ground floor retail on an infill site within the Virginia Square Metro Station Area. The proposal is consistent with goals and recommendations set forth in the Virginia Square Sector Plan. The proposed site plan is also consistent with the subject site s General Land Use Plan designation and with the proposed zoning designation for the site. The applicant has agreed to a number of improvements around and adjacent to the site to improve the pedestrian experience in the area. Therefore, staff recommends that the County Board approve the attached rezoning resolution and the proposed site plan, subject to the conditions in the staff report. BACKGROUND: This is an expansion, rezoning and major site plan amendment to a small site plan originally approved in 1976, in the eastern portion of the subject site. After two site plan amendments, in 1977 and 1981, this site plan now consists of a 10,000 square foot four-story commercial building with surface parking. The proposal would add two parcels to the west of the existing site plan, including a stand-alone Pizza Hut and surface parking lot, rezone the subject site from R-5, C-2, and C-O-1.0 to R-C, demolish the existing buildings on the site, and construct an eight-story residential building with ground floor retail.. The following provides additional information about the site and location: Site: The roughly rectangular subject site comprises 36,446 square feet (0.837 acres). A Pizza Hut restaurant and a bank, both with surface parking, currently occupy the site. Uses adjacent to the site include the following: To the north: To the east: To the west: To the south: The highrise Tower Villas Condominium Oakland Park The Brighton Gardens senior facility A one-story commercial building Zoning: R-5 One-Family, Restricted Two-Family Dwelling Districts, C-2 Service Commercial Community Business Districts, and C-O-1.0 Commercial Office Building, Hotel and Apartment Districts Land Use: High-Medium Residential Mixed-Use Neighborhood: Ballston-Virginia Square Civic Association, Ballston-Virginia Square The Amelia - 2 -

3 Partnership Existing Zoning: C-O-1.0 (22,524 s.f.) R-5 (7,497 s.f.) C-2 (6,408 s.f.) Proposed Zoning: R-C Density Allowed Existing office building (existing site plan four stories permitted) 8.7 units per acre by right 1.5 FAR commercial, 7.3 u/acre 24.2 units per acre by right 3.24 FAR mixed use by site plan Maximum Development Existing office building (10,000 s.f.) 1 unit by right 9,612 s.f. comm. or 1 res. unit 21 residential units by right 128,135 s.f. mixed use by site plan Proposed Development: The following table sets forth the statistical summary for the project. Site Area (pre-dedication) 1 Area to be dedicated for street Site Area (post-dedication) Density Total GFA Retail GFA Residential GFA ( R-C Max. Permitted Total GFA) 2 (Additional GFA for land dedication) (Total Permitted Density incl. add l GFA for land ded.) 36,446 s.f. (0.837 acres) 374 s.f 36,072 s.f. (0.828 acres) 118,085 s.f. 4,158 s.f. 113,927 s.f. 116,873 s.f. 1,212 s.f. 118,085 s.f. Units 108 Overall FAR (based on post-dedication area) 3.27 Retail (based on post-dedication area) Residential (based on post-dedication area) Overall FAR (based on pre-dedication area) 3.24 Retail (based on pre-dedication area) Residential (based on pre-dedication area) ( R-C Max. Permitted Total FAR) 3.24 Height Average site elevation Main roof elevation (a.s.l.) feet feet 1 The applicant would dedicate 374 square feet of site area to the County for public streets. The County Board may grant density based on this area, which is the difference between the proposed and maximum GFA. 2 Calculated from post-dedication site area. The Amelia - 3 -

4 Height in feet to main roof 95 feet ( R-C Max. Permitted Height to Main Roof) 95 feet Penthouse roof elevation (a.s.l.) feet Penthouse height 16 feet ( R-C Max. Permitted Height to Penthouse) 16 feet 3 Height in Stories 8 Parking Total parking spaces 147 Retail (for employees) 7 Visitor 6 Residential 134 (Min. by-right retail requirement) 0 4 (Min. by-right residential requirement) 122 Parking Ratio Retail Residential (By-right retail parking ratio) (By-right residential parking ratio) 1 space/594 s.f spaces/unit 1 sp./580 s.f spaces/unit Compact Ratio 4% (Maximum by-right compact ratio) 15% Landscaped Area 21% (Min. landscaped area required in R-C districts) 10% Coverage 60.6% LEED Score 21 Density and Uses: The applicant proposes to construct an eight-story residential building consisting of 108 residential units and 4,158 square feet of ground floor retail space along Wilson Boulevard. The height is proposed to be 95 feet to the main roof and 16 feet for the mechanical penthouse. The proposed overall density for the project is 3.24 FAR, including additional density of 1,212 square feet that would be the equivalent of 3.24 FAR over the applicant s proposed dedication of 374 square feet of site area to the County for public street purposes. 3 For buildings without roof access, 24 feet with roof access. 4 The Zoning Ordinance permits a parking exclusion for the first 5,000 square feet of retail space located within 1,000 feet of a metrorail station. The Amelia - 4 -

5 Site and Design: The applicant proposes to construct an eight-story, L -shaped residential building with a 12-foot step-back above the sixth floor along Wilson Boulevard. The building would be located behind the sidewalks along Wilson Boulevard, North Oakland Street, and Ninth Street North. The proposed building would be located 20 feet from the western property line shared with the Brighton Gardens Marriott facility. The proposed building s short end closest to this property line would be separated by 40 feet from the adjacent building for most of its length, with a small corner portion located as close as 30 feet in the interior of the site, due in part to the adjacent building s site layout, which steps toward the subject site. The proposed project s driveway, which would serve both the parking and loading entrances, would be located along the western edge of the property, with access from Ninth Street North. The northern and central portions of the site would be landscaped. The ground floor retail would be located along the entire Wilson Boulevard frontage, wrapping around the corner of North Oakland Street. The proposed building s residential entrance would be on North Oakland Street. Two ground floor units, with large patios facing Ninth Street North, would be accessible directly from the sidewalk. A total of 147 parking spaces would be provided on three below ground levels accessed from Ninth Street North. The loading bay would be adjacent to the parking entrance, which would both be located in the interior of the site and accessed from a single driveway. The parking would include 134 residential parking spaces, six visitor spaces, and seven retail employee spaces. The residential parking ratio (1.3 including visitor spaces) exceeds the by right residential requirement of spaces per unit. While the applicant is not required to provide retail parking due to the subject site s proximity to the Virginia Square Metro Station, the applicant has proposed to provide seven spaces designated for retail employees. The applicant proposes to provide four percent of the total parking spaces as compact spaces, compared to the by right maximum of 15%. LEED Scorecard: The applicant commits to achieving 21 LEED points in the proposed project. Condition #67 addresses the applicant s LEED scorecard and implementation of green building measures in the proposed project. Transportation: The Master Transportation Plan classifies Wilson Boulevard as a principal arterial and North Oakland Street and Ninth Street North as neighborhood-minor streets. Onstreet parking is currently prohibited adjacent to the Wilson Boulevard site frontage. There is on-street parking adjacent to the site along North Oakland Street and Ninth Street North. Trip Generation: A Traffic Impact Analysis (TIA) submitted by the applicant, prepared by Wells & Associates, dated March 12, 2004, assessed the impacts of the development on the adjacent street system. The proposed 108 unit development, along with 4,158 s.f. of retail, is estimated to generate 10 net additional AM and 0 net additional PM peak hour vehicle trips upon project completion compared to existing traffic. The intersections in the study area will operate at similar service with or without development of the Amelia. Streets: Wilson Boulevard measures 52.5 feet from face of curb to face of curb adjacent to the The Amelia - 5 -

6 site. The existing street section includes 31 feet of westbound lanes including gutter, 21.5 feet of eastbound lanes including gutter, a 4.5 foot wide sidewalk on the south side, and a combination of a 4.5 foot sidewalk and a 10 foot wide sidewalk on the north side. Staff recommends the creation of 10.5 foot curb lanes and 10 foot center lanes with development of the proposed project. Staff recommends, and the applicant has agreed, to the following improvements: A minimum sidewalk width of 16 feet, with street trees and Carlyle lights, as specified in Condition #18, Construction of a double nub at the northwest corner of the intersection of Wilson Boulevard and North Oakland Street, as specified in Condition #17a(1). This nub along Wilson Boulevard will be a bus bulb. Construction of a handicap ramp at the northwest corner of the intersection of North Wilson Boulevard and North Oakland Street angled in the direction to cross Wilson Boulevard and a 12 foot crosswalk of concrete pavers or other materials as approved by the County, across Wilson Boulevard, as specified in Condition #17a(2). North Oakland Street measures 35.8 feet from face of curb to face of curb adjacent to the site. The existing street section includes 18.3 feet of northbound lanes including a parking lane, 17.5 feet of southbound lanes including a parking lane, a 7 foot wide sidewalk adjacent to the site, and a 5 foot sidewalk on the east side of the street. Staff recommends retaining the current curb and lane configuration. Staff also recommends, and the applicant has agreed, to the following improvements: A sidewalk width adjacent to the property of 13 feet, eight inches, with street trees and Carlyle lights, as specified in Condition #18. Construction of a double nub at the southwest corner of the intersection of North Oakland Street and Ninth Street North, as specified in Condition #17b(1). Construction of a handicap ramp at the southwest corner of the intersection of North Oakland Street and Ninth Street North angled in the direction to cross North Oakland Street, a handicap ramp at the southeast corner of the intersection of North Oakland Street and Ninth Street North angled in the direction to cross North Oakland Street, and a 12 foot crosswalk of concrete pavers or other materials as approved by the County, across North Oakland Street. Construction of a handicap ramp at the northwest corner of the intersection of North Oakland Street and Wilson Boulevard angled in the direction to cross North Oakland Street, a handicap ramp at the northeast corner of the intersection of North Oakland Street and Wilson Boulevard angled in the direction to cross North Oakland Street, and a 12 foot crosswalk of concrete pavers or other materials as approved by the County, across North Oakland Street, as specified in Condition #17b(2). Ninth Street North measures 50.5 feet from face of curb to face of curb adjacent to the site. The existing street section includes 25 feet of westbound lanes including a parking lane, 25.5 feet of eastbound lanes including a parking lane, a 7 foot wide sidewalk adjacent to the site, and an 8 foot sidewalk on the north side of the street. Staff recommends the creation of a 10 foot eastbound lane adjacent to an 8 foot parking lane, with development of the proposed project, as specified in Condition #18. Staff recommends, and the developer agrees, to provide the The Amelia - 6 -

7 following improvements: A sidewalk of 14 feet, eight inches, with street trees and Carlyle lights, as specified in Condition #18. A public landscaped area adjacent to the back of sidewalk, measuring 6.5 feet. A handicap ramp at the southwest corner of the intersection of Ninth Street North and North Oakland Street angled in the direction to cross Ninth Street North and a ten foot crosswalk of concrete pavers or other materials as approved by the County, across Ninth Street North as specified in Condition #17c(2). Staff supports the applicant s proposal to provide one vehicle access point to the site, located on Ninth Street North. Public Transit: Metrorail service is available approximately two blocks from the site at the Virginia Square Metro Station. Public bus transportation is also available adjacent to the site on Wilson Boulevard. Metrobus 24 MP provides service to the Pentagon Transit Center, and ART 41 provides services to Court House and to Columbia heights. ART 67 provides a free lunch shuttle to Ballston and to Clarendon. Bike Transportation: An on-street bicycle route is signed along Fairfax Drive to the east and west which provides many connections to metro, schools, businesses, parks and recreation facilities, and provides a connection to the Custis Trail an off-street bicycle trail. Transportation Management Plan (TMP): Consistent with site plan development and the County s adopted Transportation Demand Management (TDM) Policy, staff recommends that the developer implement a TMP to encourage reduce single occupancy vehicle (SOV) trips to and from the site. Staff recommends, and the applicant agrees, that the applicant implement the standard TDM strategies that are briefly summarized below and referenced in Condition #48 of the new conditions for the residential development: Designate a member of the building management team as Property Transportation Coordinator with responsibilities for completing and coordinating TMP obligations. Contribute to Arlington County s Commuter Services (ACCS) to sustain services in support of TMP activities an annual payment of $1,080 per year for a period of ten years. Provide a Transportation Kiosk in the residential lobby. Maintain on-site business center for residents who wish to telecommute. Distribute transit information including a new resident package to include site-specific transit-related information. Provide a bus stop improvement along Wilson Blvd. Provide a parking management plan including a schematic drawing depicting an area parking plan for all block faces abutting the site. Provide transit subsidies of $40/month to employees. Provide free SmarTrip cards for all new residents and employees. Conduct a transportation monitoring study of the site. The Amelia - 7 -

8 Utilities: Adequate sanitary sewer capacity is available to serve the proposed development. A new 12 water line in North Oakland Street to be connected to the existing line at Ninth Street North and Oakland Street is needed to accommodate this development. The applicant has agreed to construct this water line as mentioned in Condition #23. Consistent with site plan development and the Utility Undergrounding Plan, staff recommends the developer make a onetime contribution of $41,850 ($50,000 x acres) to the Utility Underground Fund and remove the existing aerial utility lines located along the site frontages. The applicant agrees to this, as stated in Condition #5. Staff also recommends that the applicant underground the existing overhead utilities along the southern edge of Oakland Park, up to a maximum cost of $150,000. The applicant could apply the utility undergrounding contribution toward the cost. The developer has agreed to this recommendation, which is addressed in Conditions #5 and #28. 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: Rezoning: The eastern portion of the subject site is currently zoned C-O-1.0 to support a small site plan that was originally approved in The remaining parcels are currently zoned R-5 along Ninth Street North and C-2 along Wilson Blvd., reflecting the original uses and zoning on those streets, most of which have been changed over the years to reflect the redevelopment desired in the Virginia Square Metro Station Area. The R-C zoning proposed for the entire site is consistent with the site s High-Medium Residential Mixed-Use designation on the General Land Use Plan and with the Virginia Square Sector Plan. Adopted Plans and Policies: Both the General Land Use Plan and the Virginia Square Sector Plan guide development on the subject site. General Land Use Plan: The proposed uses are consistent with the site s General Land Use Plan designation of High-Medium Residential Mixed-Use and with the proposed R-C zoning for the site. The proposed overall density for the project is 3.24 FAR, including additional density of 1,212 square feet of GFA requested for the 374 square feet of site area that the applicant proposes to dedicate to the County for public street purposes. The proposed density is equal to the maximum permissible site plan density in the R-C zoning district that would be calculated over the original site area prior to the dedication. Virginia Square Sector Plan: The Sector Plan makes a number of recommendations both for the Virginia Square Metro Station Area in general and for the subject site as part of a set of potential infill sites between Wilson Boulevard and Fairfax Drive. These goals and recommendations include: Residential or mixed uses along Wilson Boulevard Continuous build-to lines around each block The Amelia - 8 -

9 Street-level retail along Wilson Boulevard to activate sidewalks Parking and service access from secondary streets Building heights tapering down toward Wilson Boulevard Pedestrian circulation around each block with streetscape improvements Shared parking On-site or within-station affordable dwelling units in new residential construction Varied roof lines and roof forms with special interest Retail entrances at corner locations All elevations that can be seen from public spaces shall be designed as fronts Building facades should be varied and articulated Facades on the street level along Wilson Boulevard should be at least 75% transparent Storefront windows should be 80% transparent Design buildings with base, body, and top Durable and high-quality materials should be used on all buildings Landscape plantings should be provided throughout each project The applicant has strived to meet the goals of the Sector Plan and has addressed the above items. The proposed building creates a street wall along Wilson Boulevard and North Oakland Street at the back of the sidewalk. However, the building would not form a street wall along Ninth Street North. First, a residential building at 95 feet in height and 3.24 FAR could not easily be laid out on the subject site so as to create street walls on all three streets, given the relatively small site area. Second, the proposed building layout would permit significant landscaping along and facing Ninth Street North, fulfilling other Sector Plan goals for that street. In addition, staff recommends narrowing the very wide existing block of 9 th Street North adjacent to this site by moving both curbs approximately seven feet toward the centerline of the street. This would permit additional landscaping and wider tree pits as part of an overall plan to make 9 th Street North throughout Virginia Square more consistent, green, and pedestrian friendly. Issues: Urban Design: The applicant has designed a project that meets a variety of County goals for project design in the metro corridors. In addition to the Sector Plan goals and recommendations concerning the building, and particularly the building base, the applicant has worked to provide visual interest and convenience to pedestrians. The applicant has provided ground floor retail space along the entire Wilson Boulevard frontage of the site, wrapping the corner of North Oakland Street. The residential entrance has been located on North Oakland Street, and two ground floor residential units have large patios and exterior access facing Ninth Street North. Parking: The applicant has proposed to provide 140 residential parking spaces in the underground garage, six of which would be designated for residential visitors, for a parking ratio of 1.24 spaces per unit for the resident spaces only and 1.30 spaces per unit overall for the residential portion of the project. By comparison, the by right parking standard is The Amelia - 9 -

10 spaces per unit. Staff supports the proposed residential parking. The applicant has proposed an additional seven parking spaces for retail employees. The proposed project requires no retail parking by right, since the first 5,000 square feet of retail space in a project within 1,000 square feet of a Metro station entrance is exempt from parking requirements. Affordable Housing: Staff recommends, and the applicant agrees, to contribute $504,000 to the Housing Reserve Fund, as specified in Condition #65. This amount would meet the County s interim guidelines of $4,500 per residential unit and $4.00 per square foot of retail development, approved by the County Board on December 6, Modification of Use Regulations: The applicant has requested modifications of use regulations for exclusions from density calculations for below ground storage and for mechanical closets within the interior of units. Staff supports the exclusion of below ground storage from density calculations because below ground storage does not affect bulk or density of a project and does not increase the impacts of a project. Staff also supports the request for exclusion of the GFA associated with shafts within units that are part of a central exhaust system. This kind of system permits individual heating, ventilation, and air conditioning in units while eliminating vents located on the exterior wall of each unit. Centralized systems significantly improve the appearance of the building. Staff does not support exclusion of GFA for mechanical closets in the interior of units with the exception of the vertical exhaust shafts discussed above. Additional Density: The applicant proposes to dedicate 374 square feet of site area to the County for public street purposes, which otherwise would yield 1,212 square feet of GFA at 3.24 FAR. This is the maximum density permitted by site plan under the R-C zoning district and the amount requested for the entire project. This type of bonus density request is appropriate in cases such as this, in which the County desires land for street or other public purposes and does not otherwise compensate the property owner who dedicates that land to the County. Therefore staff supports the request. Community Process: The Site Plan Review Committee reviewed this project three times, and the Ballston-Virginia Square Civic Association has reviewed the project. The Ballston-Virginia Square Civic Association has a generally favorable opinion of the site plan, and a letter to that effect dated April 22, 2004 is attached to this report. The Ballston-Virginia Square Partnership also reviewed the project but did not take a formal position. Housing Commission Recommendation: On April 15, 2004, the Housing Commission considered the affordable housing plan, and voted five to three to support the staff recommendation that the developer contribute $502,632 to the Housing Reserve Fund (HRF). The applicant has agreed to the contribution, specified in Condition #65. Housing Commission members voting against the project preferred that the affordable housing contribution be in the form of on-site units rather than a monetary contribution. Staff does not support the provision of on-site units in this case, because it would yield too few units at too large a subsidy per unit. The Amelia

11 Transportation Commission Recommendation: The Transportation Commission reviewed this project on April 19, The Commission voted unanimously to recommend approval of the proposed site plan with the following comments and changes: Include provision for pedestrian access to all frontages of the site during project construction. Staff Response: This has been added to Condition #6. Include notification of the Ballston-Virginia Square Civic Association for Condition 11b and 11c, which address details and timing of construction and utility work. Staff Response: The Ballston-Virginia Square Civic Association has declined staff s offer to include this notification in the conditions. Therefore, staff does not support the recommendation. In Condition #17 a), the specified nub on Wilson Boulevard should permit a 40 foot transit bus to clear the crosswalk before stopping. Staff Response: This has been added to Condition # 17. Decrease the developer contribution for a traffic signal at the intersection of Wilson Boulevard and North Oakland Street from $150,000 to $75,000 and possibly use other contributions from the developer to offset this amount. Staff Response: The recommended community amenities with this project are of a similar magnitude to those of the Wilson/Pollard Condominium Site Plan, approved in April 2004, which has the same uses and similar base site plan density. While staff originally discussed provision of the above mentioned traffic light, staff has since decided that undergrounding utilities along the Wilson Boulevard frontage of Oakland Park would be of greater benefit to the community. Similarly to the Wilson/Pollard Condominiums, staff recommends that the total cost of this undergrounding, plus the recommended Utility Undergrounding Fund contribution, would not exceed $150,000. The applicant has agreed to language in Conditions #5 and #28 that provides for this improvement. In Condition #18, insert language requiring a minimum 10 foot clear sidewalk zone, free of obstructions on Wilson Boulevard and eight foot clear sidewalk zones on North Oakland Street and Ninth Street North. Staff Response: Currently, the site plan shows a foot clear sidewalk zone on Wilson Boulevard. Staff supports a minimum clear sidewalk width of eight feet in order to accommodate outdoor café seating on Wilson Boulevard. Language requiring eight feet of clear sidewalk width on all three frontages has been added to Condition #18 and to Condition #64. In Condition #64, Insert language requiring the developer to provide parking spaces available to retail customers at the first parking level entered from the access and egress point on Ninth Street. Staff Response: In this case, with a site plan providing retail space along Wilson Boulevard, which calls for personal and business services in the Retail Action Plan, and with parking access around the block on Ninth Street North, staff does not believe that retail customer parking in the garage would be of sufficient benefit. No retail parking would be required by the Zoning Ordinance for this site, which is less than 1,000 feet from the Virginia Square Metro Station. However, the applicant has committed to providing seven retail employee spaces in the garage, for which convenience of location is not an issue. In addition, construction of the proposed project would add 10 street parking spaces above the five spaces existing today, for a total of 15, which exceeds the approximately seven retail The Amelia

12 spaces that would be required if the site were more than 1,000 feet from the metro station. For these reasons, staff does not support requiring retail customer parking in this project. Therefore, the location of retail customer parking is not applicable. The Commission supports an enhanced bus stop treatment to include benches, signage, bus route maps, trash receptacle, lighting, and overhead protection adjacent to the proposed building. Staff Response: These elements have been included in the TDM plan, described in Condition #48. Ensure that sidewalk paver pattern continues across driveways. Staff Response: This requirement is included in Condition #18. Add a stop sign and speed bumps at the garage exit. Staff Response: The applicant has agreed, and this provision has been added to Condition #71. Modify to state that the developer will use a limited width curb ramp treatment (approximately three feet in width) so as to limit the encroachment on the sidewalk. Staff Response: Staff supports a requirement that the driveway ramp shall not extend beyond the tree pits, approximately five feet eight inches from the back of curb, and have added this to condition #18. The maximum grade of the driveway apron will be considered at the time of Final Engineering Plan review, and the apron shall be made as narrow in width as allowable. Remove site specific condition referring to shared office parking. Staff Response: This condition has been deleted. Planning Commission Recommendation: The Planning Commission heard the rezoning and site plan proposals at its June 1, 2004 meeting. The Commission voted unanimously to support the rezoning and site plan with the following additional recommendations: Require a service corridor connection to the portion of the retail space at the corner of Wilson Boulevard and North Pollard Street. Staff Response: The applicant has agreed, and language to this effect has been added to Condition # 62a. Clarify, in Condition #13c, that the sidewalk paving materials and pattern be continued across driveways and walkways. Staff Response: This language appears in Condition #18. Raise the minimum LEED score to 21, as described in Condition #67. Staff Response: The applicant has agreed to this. In addition, the Planning Commission asked staff for the County s commitment to install a traffic signal at the corner of Wilson Boulevard and North Pollard Street in the near future. Funding for this signal was previously approved and is currently scheduled for design and construction in FY05. CONCLUSION: The applicant has designed a project that meets the goals of the Virginia Square Sector Plan and is consistent with the existing General Land Use Plan designation and proposed zoning district for the subject site. The proposed project would enliven the street, with ground floor retail on Wilson Boulevard that wraps the corner of North Oakland Street, and with residential building entrances on Ninth Street North. The applicant has agreed to improvements to the adjacent streetscape and streets that would improve the pedestrian experience in the area. The Amelia

13 For these reasons among others, the proposed rezoning and site plan would promote and protect the public health, safety, and welfare. Staff therefore recommends that the County Board adopt the attached resolution to approve the rezoning, and approve the site plan, with modifications of use regulations for exclusion of below ground storage and unit HVAC vertical shafts from density calculations, and with additional density of 1,212 square feet, subject to the following conditions. The Amelia

14 The following Conditions of site plan approval (#1 through #12) are valid for the life of the site plan and must be met by the developer before issuance of the Clearing, Grading and Demolition Permit. 1. The developer (as used in these conditions, the term developer shall mean the owner, the applicant and all successors and assigns) agrees to comply with the standard conditions set forth below and as referenced in Administrative Regulation 4.1 and the revised plans dated May 28, 2004 and reviewed and approved by the County Board and made a part of the public record on June 12, 2004, 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. The Amelia This site plan approval expires three (3) years after the date of County Board approval if a building permit has not been issued for the first building to be constructed pursuant to the approved plan. Extension of this approval shall be at the sole discretion of the County Board. The owner 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. 2. The developer agrees to conduct a pre-construction meeting, and to coordinate participation in the pre-construction meeting by relevant County staff, including staff from the Departments of Community Planning, Housing and Development (DCPHD) Planning, Zoning, Inspection Services; Transportation (DPW); Parks, Recreation and Community Resources (DPRCR); Environmental Services (DES) and others as necessary, prior to the issuance of any permits for the site plan. The purpose of the preconstruction meeting is to discuss the requirements of the site plan conditions. 3. Tree Protection and Replacement a. The developer agrees to complete a tree survey, which shows existing conditions of the site and locates and identifies all trees which are consistent with the Tree Replacement Guidelines. The survey shall include any tree on adjacent sites whose dripline extends onto the subject site. b. The developer agrees to file and implement a tree protection plan for any trees proposed to be saved by the developer or specified to be saved by the approved site plan and shown on any filing in connection with this case. This plan shall include any tree on adjacent sites whose dripline extends onto the subject site. The tree protection plan shall be developed by a certified arborist or other

15 horticultural professional with a demonstrated expertise in tree protection techniques on urban sites and shall be submitted and approved, and found by the County Manager or his designee to meet the requirements of this site plan, before the issuance of the Clearing, Grading and Demolition Permit. At a minimum, this plan shall include: (1) A site grading plan at two (2) foot intervals, including the location of all proposed improvements and utilities. (2) Detailed specifications for any tree walls or wells proposed. (3) A description of how and where building materials and equipment will be stored during construction to ensure that no compaction occurs within the critical root zone of the trees to be saved. (4) Identification of tree protection measures and delineation of placement of tree protection. (5) Any tree required to be saved which dies (any tree which is 30% or more dead shall be considered to have died) shall be removed and replaced by the developer at his expense with the number of major deciduous and evergreen trees consistent with the Tree Replacement Guidelines and which meet the minimum size and other requirements of Condition #14 below. c. The developer also agrees to replace all trees, as shown on the Tree Survey, that are removed as a result of the new construction in accordance with the Arlington County Tree Replacement Guidelines. The developer agrees to submit tree replacement calculations and a tree replacement plan in accordance with the Arlington County Tree Replacement Guidelines. The tree replacement calculations shall be developed by a certified arborist or other horticultural professional with a demonstrated expertise in assessing the condition of trees. Any replacement trees shall conform to the standards and specifications set forth in Condition #14a below and shall be installed on the project site or on Countyowned land, determined by the County Manager or his designee. The developer agrees to submit and obtain approval of this plan by the County Manager or his designee as part of the final site development and landscape plan. 4. The developer agrees to produce a photographic record of development, starting with a record of the site as it appears before demolition is begun, including photographic records during construction, and ending with a photographic record of the development as it appears after completion of construction. These photographs shall comply with the following specifications: The Amelia

16 The Amelia All photographic records shall be taken using black and white film. Submission of a photo contact sheet and 8" x 10" prints on photographic paper shall be the minimum acceptable standard. Color photographs on compact disc must be submitted in addition to black and white photographs and the photo contact sheet at the end of the project prior to the issuance of the Master Certificate of Occupancy. The photographic record shall include the following: a. Before Clearing, Grading and Demolition of the site (shall be submitted before issuance of the Clearing, Grading and Demolition Permit) Views of north, south, east and west facades, as location permits, of buildings to be demolished, as well as at least one photo of the site before any clearing or grading including the existing physical relationship with adjacent buildings and streets. The photographic record shall also include all historic aspects of the facades of the building to be demolished, consistent with the requirements described in Condition #51 below. b. Site Clearance (shall be submitted before issuance of the Footing to Grade Permit) Views of cleared site facing north, south, east and west, as location permits, with adjacent buildings and streets included. c. Construction Phase (shall be submitted before issuance of the Shell and Core Certificate of Occupancy Permit) At a minimum, views of the site: during excavation, upon completion of the first floor above grade, at topping out, and during the exterior cladding phase. d. Site Completion (shall be submitted before issuance of the Master Certificate of Occupancy) North, south, east and west facades of completed building or buildings, as well as at least one view of completed project in context of adjacent buildings and streets. The photographic record of the site as it appears before demolition shall be delivered to the Zoning Administrator prior to the issuance of a clearing, grading or demolition permit. The remaining records, including the completed compact disc with the entire photographic history, shall be delivered to the Zoning Administrator, before the issuance of a Master Certificate of Occupancy, for placement in the County archives. If the developer uses the "Fast Track" Permit Process, the Site Clearance and Construction Phase photographs shall be submitted before the issuance of the Footing to Grade Structure Permit, or the first Building Permit, whichever comes first. The Construction Phase photographs, showing any construction to grade, shall be submitted before the Final Building Permit. The Construction Phase photographs showing all construction above grade and the Site Completion Photographs and completed compact disc showing the entire photographic history of the site shall be submitted before

17 issuance of the Master Certificate of Occupancy. 5. In addition to funding and constructing the utility undergrounding work, the developer agrees to contribute in the amount specified in Site Plan conditions to the County utility fund before the issuance of the Building Permit or prorated consistent with an approved phasing plan for the development. The total utility fund contribution for this site is $41,850 ($50,000 x acres). The developer may apply all or part of such contribution toward the cost of undergrounding utilities along the south edge of Oakland Park as referenced in Site Plan Condition #28 below. Any portion of these funds remaining after the above referenced undergrounding is completed These funds may, but need not, be used by the County for the purpose of providing the undergrounding of utilities along the properties which are not redeveloping in this undergrounding district. If the area of the site plan is subdivided, the contribution to be made by each owner shall be based proportionally on the amount of site area allocated to each subdivided parcel. The contribution, if not obligated by the County to pay for utility undergrounding projects within 10 years from the date of payment, will be refunded without any accrued interest to the development owners of record at the time of any refund. 6. The developer agrees to develop a plan for temporary pedestrian and vehicular circulation during construction. This plan shall identify temporary sidewalks, including, without limitation, along Wilson Boulevard, North Oakland Street, and Ninth Street North, interim lighting, fencing around the site, construction vehicle routes, and any other feature necessary to ensure safe pedestrian and vehicular travel around the site during construction. The developer agrees to submit this plan to, and obtain approval of the plan from, the County Manager or his designee as meeting these standards, before the issuance of the Clearing, Grading and Demolition Permit. The County Manager may approve amendments to the plan, if consistent with this approval. 7. Intentionally omitted The developer agrees to coordinate with the Arlington County Relocation Program Coordinator in order to provide each rental household living in either an apartment unit or a single-family dwelling which is displaced by the construction of this site plan, except those who sign initial leases for a unit in the project after the date of this site plan approval, with at least the following: a. A minimum of 120 days written notice to vacate. b. Relocation payments, in accordance with the Arlington County Tenant Relocation Guidelines adopted by the County Board and in effect on, a copy of which are attached to the report of the County Manager for this site plan approval. c. Relocation services in accordance with the Arlington County Tenant Relocation Guidelines adopted by the County Board and in effect on. The Amelia

18 The Amelia If the developer decides to limit relocation benefits to persons who executed initial leases before adoption of the site plan, the developer agrees to notify, in writing any tenant moving in after the date that the site plan is approved of his/her ineligibility for relocation payments and services. Any tenant who has not signed a waiver of rights to relocation assistance must receive the assistance. In cases where State law requires 120-day notice to vacate (displacement from multi-family buildings containing four or more units), notice cannot be waived, but may be reduced by mutual agreement in writing. Compliance with this condition shall be shown before the issuance of the Clearing, Grading and Demolition Permit. 8. Intentionally omitted The developer agrees to coordinate with the Department of Economic Development in order to provide the following relocation assistance to all retail tenants under lease as of the date of the approval of the proposed site plan: a. The developer agrees to keep all retail tenants informed of the redevelopment schedule by providing periodic updates with regard to material changes in the development program for the site, including the phasing of the project, anticipated schedules for eviction, construction and occupancy, and any anticipated material impacts on the tenants while they remain on the site, such as test borings, construction signs and fencing, asbestos removal, disruptions to customer parking and pedestrian paths, and the like. b. The developer will assist the County to make available to all retail tenants, either directly or through the developer, information on available commercial space in the County, business counseling services and appropriate business courses. c. The developer agrees to cooperate with the retail tenants by referring tenants who so request to private sources of professional assistance in regard to lease negotiation (i.e., understanding lease terms, trends and negotiation strategy), space planning and other related sources of help. d. Except for provisions in any lease to the contrary, the developer agrees to maintain the site, structures and systems in good repair and in a businesslike appearance until the last retail tenant vacates or until the notice to vacate expires, whichever comes first. e. The developer agrees to show compliance with the terms of this condition before the issuance of the Clearing, Grading and Demolition Permit. 9. The developer agrees to comply with all federal, state and local laws and regulations not modified by the County Board's action on this plan and to obtain all necessary permits. In addition, the developer agrees to comply with all of the agreed-upon conditions approved by the County Board as a part of this site plan approval. The County has the

19 authority to take actions to include issuance of a stop work order when the developer is not in compliance with the agreed-upon conditions. Further, temporary Certificates of Occupancy will not be issued without approval by the Zoning Administrator. 10. The developer agrees to file three copies of a site plan and the tabular information form, and digital copies on compact disc in JPEG, PDF, and DXF formats, which complies with the final approval of the County Board and with Administrative Regulation 4.1, with the Zoning Administrator within 90 days of the County Board approval and before the issuance of the Clearing, Grading and Demolition Permit. 11. 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 Master 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. This individual shall be on the construction site throughout the hours of construction, including weekends. The name and telephone number of this individual shall be provided in writing to residents, property managers and business owners whose property abuts the site, and to the Zoning Administrator, and shall be posted at the entrance of the project. b. Before commencing any clearing or grading of the site, the developer shall hold a meeting with those whose property abuts the project 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. c. Throughout construction of the project, the developer agrees to advise abutting property owners 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. d. 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 and entrance to the construction site are free of mud, dirt, trash, allaying dust, and debris and that all streets and sidewalks adjacent to the construction site are free of trash and debris. The Amelia

20 The Amelia e. 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 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. f. 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. 12. The developer agrees to provide a plan for diverting from landfill disposal the demolition, construction, and/or land clearing debris generated by the project. The plan should outline recycling and/or reuse of waste generated during demolition and/or construction. The plan should outline specific waste streams and identify the means by which waste will be managed (reused, reprocessed on site, removed by licensed haulers for reuse/recycling, disposal, etc.). The plan must include letters from contracted haulers, reprocessors, and recyclers indicating that they are able to manage waste from the project. The developer agrees to obtain the County Manager s approval of this plan for demolition waste prior to the issuance of the Demolition permit for the existing building(s) and for construction waste prior to the issuance of the Excavation/Sheeting and Shoring permit, and to implement the plan throughout demolition and construction of the project. Compliance with this condition may contribute to achieving LEED credits MR 2.1 and 2.2 (Construction Waste Management.) The following Conditions of site plan approval (#13 through #32) are valid for the life of the site plan and must be met by the developer before issuance of the Excavation/Sheeting and Shoring Permit. 13. The developer agrees to submit to the Zoning Administrator and obtain approval from the County Manager a detailed final site development plan and a landscape plan prior to issuance of the Excavation/Sheeting and Shoring Permit. The final site development plan and landscape plan shall be submitted at a scale of 1 inch = 25 feet, in conjunction with the final site engineering plan as required in Condition #16 below, as well as a vicinity map with major streets labeled. The landscape plan shall be developed by, and display