ARLINGTON COUNTY, VIRGINIA

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1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of September 17, 2005 DATE: September 15, 2005 SUBJECT: A. Z REZONING: K. Hovnanian Homes of Virginia, Inc., from CM Limited Industrial Districts, M-1 Light Industrial Districts, R-6 One-Family Dwelling Districts to C-O-1.5 Commercial Office Building, Hotel and Apartment Districts; premises known as 6808, 6814, 6820, 6830, 6840 N. Fairfax Dr., 2011, 2025, 2101 N. Westmoreland St., and N. 19th Rd. (RPC # , -006, -008, -009, -010, -020, -021, -025, - 026) B. SP #391 SITE PLAN: K. Hovnanian Homes of Virginia, Inc., approx. 214 dwelling units, approx. 6,298 sq ft retail with modifications of use regulations for density, coverage and storage; premises known as 6808, 6814, 6820, 6830, 6840 N. Fairfax Dr., 2011, 2025, 2101 N. Westmoreland St., and N. 19th Rd. (RPC # , -006, -008, -009, - 010, -020, -021, -025, -026) Applicant: K. Hovnanian Homes of VA, Inc. By: Nan E. Terpak Walsh, Colucci, Lubeley, Emrich & Terpak P.C Clarendon Blvd., 13th Fl. Arlington, VA C.M. RECOMMENDATION: Approve the following items: A. Adopt the attached resolution approving a rezoning from CM Limited Industrial Districts, M-1 Light Industrial Districts and R-6 One-Family Dwelling Districts to C-O-1.5 Commercial Office Building, Hotel and Apartment Districts; premises known as 6808, 6814, 6820, 6830, 6840 N. Fairfax Dr., 2011, 2025, 2101 N. County Manager: County Attorney: Staff: James Brown, Planning Division, DCPHD Derek DuBard, Housing Division, DCPHD Tara Lake, Transportation Division, DES

2 Westmoreland St., and N. 19th Rd.. (RPC # , -006, -008, -009, -010, -020, -021, -025, -026) B. Approve the site plan request for 214 dwelling units and 6,298 square feet of retail, with modifications of use regulations for density, coverage and storage, subject to the conditions of the staff report. ISSUES: The Transportation Commission s concern for an increase in the number of shared parking spaces. SUMMARY: The applicant is seeking site plan approval for a 214 unit residential building with 6,298 square feet of retail. The project is located on Westmoreland Street, near Lee Highway in the East Falls Church neighborhood. In order to accommodate the proposal, the applicant is seeking to have the property rezoned from a combination of CM Limited Industrial Districts, M-1 Light Industrial Districts and R-6 One-Family Dwelling Districts to C-O-1.5 Commercial Office Building, Hotel and Apartment Districts. The requested new zoning is consistent with the General Land Use Plan designation of Low Office-Apartment-Hotel. Staff is recommending that the requested rezoning and proposed site plan be approved subject to the conditions of the staff report. BACKGROUND: The site plan proposes the construction of a new mixed use development on Westmoreland Street with 214 residential units and approximately 6,298 square feet of retail. Access to the site will be off of Westmoreland Street. The site is currently occupied by a mixture of uses including office, retail and quasi-industrial businesses. The site s existing General Land Use Plan designation is Low Office-Apartment-Hotel. The nearly three acre site is currently zoned a mixture of M-1 Light Industrial District, CM Limited Industrial District and R-6 One-Family Dwelling District. The site is located within the Arlington East Falls Church Civic Association Boundaries. The following provides additional information about the site and location: Site: The site is currently occupied by six buildings. On the northside of the site are several service commercial uses that include a vacant retail rug store and cleaning service, a towing and auto repair facility and a home decorating supply business. The buildings along Westmoreland Street contain offices and warehousing. The site comprises a total of 128,591 square feet. Uses adjacent to the site include the following: To the north: To the east: Fairfax Drive, The W & OD Trail and Interstate 66 are immediately north of the site. Single family homes border the eastern edge of the site. Z , SP #

3 To the west: To the south: A motel and a French restaurant are adjacent to the site. Across Lee Hwy are several small scale commercial/industrial businesses and Arlington-Falls Church joint fire station. Across Westmoreland Street is Site Plan #375, which is under construction. This project comprises 128 condominiums, 18 townhouses and ~8,200 square feet of retail. Zoning: The site is zoned a combination of CM Limited Industrial (77,491 square feet), M-1 Light Industrial (44,459 square feet) and R-6 Single Family Dwelling (6,191 square feet). The current zoning is not consistent with the area s GLUP designation. The applicant has requested a rezoning to C-O-1.5 Commercial Office Building, Hotel and Apartment District. The proposed rezoning is consistent with the GLUP designation General Land Use Plan: The site is designated Low Office-Apartment-Hotel on the GLUP. The zoning districts generally associated with this designation are C-O-1.0 and C-O-1.5 Neighborhood: The site is located within the Arlington-East Falls Church Civic Association (AEFCCA). Proposed Development: The applicant is proposing a mixed-use building on an approximately 3 acre site. The project would contain 214 residential units and ground floor commercial along Westmoreland Street. The following table (on the next page) sets forth the preliminary statistical summary for the proposed site plan: Z , SP #

4 Current By-Right Proposed ( C-O-1.5 ) Allowable ( C-O-1.5 ) Site Area Total Commercial/Industrial/Retail/Ofc. Residential Density Commercial/Industrial/Retail/Ofc. Residential Height Average Site Elevation Main Roof Elevation Main Roof Height 128,591 SF (2.95 acres) 122,400 SF (2.81 acres) ( CM and M-1 ) 6,191 SF (.14 acres) ( R-6 ) 183,600 SF 1 unit Max. height varies: CM = 45 M-1 = 75 R-6 = ,591 SF (2.95 acres) Density Allocation: 4,199 SF (.10 acres) 124,392 (2.85 acres) 6,298 SF of retail (1.5 FAR) 214 units (75 du/a) (311,076 SF) includes 9 units of bonus density Total GFA: 317,374 (2.47 FAR) NA 1.5 FAR (Commercial Only) 72 DUA By Site Plan 6,630 SF (1.5 FAR)(Comm. Only) 205 units(72 du/a) By-right Comm.: 77,154 SF (.6 FAR) Res: 20 SFHs (7 du/a per R-6 ) 65 along Lee Hwy and Fairfax Dr. 35 adjacent to residential neighborhoods (per GLUP note) Number Stories 6 Parking Generally 1:250 SF of commercial or Total Spaces industrial use. 389 Commercial Parking Ratio 1:242 SF (26 spaces) 1:250 SF (26 spaces) Residential Parking Ratio 1.69:1 (363 spaces) 1.125:1 (231 spaces) Coverage ~90% 74% NA LEED Score NA 21 NA Site and Design: The proposed project would be located along Westmoreland Street and occupy the entire middle portion of the block between Fairfax Drive and Westmoreland Street. Retail uses would be at street level along Westmoreland Street. The main residential lobby and garage access would also be from Westmoreland Street. The site contains a significant grade change, rising nearly 25 feet from Westmoreland Street northward to Fairfax Drive. The proposed design incorporates the parking area into this grade change. The garage access from Westmoreland Street is at grade, while the portions of the garage closest to Fairfax Drive are approximately two stories below grade. On top of the parking and retail base will be 214 residential units. These units are located in a split building that is separated by a mid-block pedestrian arcade/plaza that will be open and accessible to the public. The arcade/plaza is located on the third level when viewed from Westmoreland Street and is accessed via a double-return grand stairway. Additionally, a dedicated elevator provides additional access from the sidewalk to the arcade. Direct access to residential units is provided by individual entrances along each side of the arcade. Landscaping improvements and seating are also provided in the arcade. The building reaches its maximum height of six stories at its northwest corner, along Fairfax drive. Significant tapering and sculpting minimizes the buildings mass along the eastern edge of the site, reducing the building to three stories at this location. This Z , SP #

5 eastern façade, which is adjacent to single-family homes, is punctuated by two private courtyards. The area that is currently occupied by Fairfax Drive is proposed to be converted to a linear park bordering the Washington and Old Dominion (W & OD) Trail. Units along this façade will have individual entrances and pedestrian walkways will be provided to link the building to the park area. Access from the park area to the arcade will also be provided underneath an arched element that connects the two residential buildings. In addition to the initial park improvements, the applicant has offered to provide $200,000 for further improvements to the space. The Site Plan Review Committee (SPRC) recommended that a process be led by the Arlington East Falls Church Civic Association (AEFCCA) to plan future park space improvements. In order to further enhance the appearance of the area, the applicant has agreed to provide $75,000 for public art improvements. Parking: The project is proposed to contain 387 parking spaces. Of these, a minimum of 26 spaces will be reserved for retail customers and employees. The commercial parking ratio is one space per 250 square feet of floor area. The residential ratio is 1.69 spaces per unit. In addition to the reserved retail spaces in the proposed development, metered spaces along both sides of Westmoreland Street will be available for retail customers. LEED Scorecard: The applicant commits to achieving 26 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 Lee Highway as a Principal- Arterial, North Westmoreland Street as a Neighborhood-Principal, and North Fairfax Drive as a neighborhood-minor street. Trip Generation: A Traffic Impact Analysis (TIA) submitted by the applicant, prepared by Wells and Associates, dated December 20, 2004, assessed the impacts of the development on the adjacent street system. The proposed 222 unit development and 6,383 square feet of commercial/ retail (note: The TIA was conducted with these initial numbers. They have been updated to 214 units and 6,298 square feet) is estimated to generate 67 AM and 115 PM peak hour vehicle trips. The Department of Environmental Services does not take traffic counts in the immediate area of the subject site plan as part of its regular traffic counting program. A special traffic count was taken on North Westmoreland Street between 19 th Road North and North Van Buren Street in February 2001 for a neighborhood traffic study. The following table details the all day, nondirectional volumes and speeds. Z , SP #

6 24-Hour Volumes and Speeds Street Volume Average Speed 85 th Percentile Speed North Westmoreland Street 2, mph 22 mph Streets and Sidewalks: North Westmoreland Street currently measures 36 feet in width with onstreet parking on both sides of the street and does not change with this proposal. The sidewalk along the site s frontage is proposed to be 15 feet wide, which includes an 8-inch banding next to the curb, 5-foot wide tree pits and a 9-foot-4 inch wide clear sidewalk. A public sidewalk is proposed through the site, connecting the W&OD trail with North Westmoreland Street. Staff has recommended and the applicant has agreed to contribute up to $75,000 towards the installation of signal improvements for the intersection of Lee Highway and Westmoreland Street. These improvements are necessary to accommodate the increase in vehicular and pedestrian traffic that is anticipated. Public Transit: The property is located less than 0.4 miles from the East Falls Church Metrorail Station, which is served by the Metrorail Orange Line and is also a bus transfer station for routes throughout the area. Metrobus service is also available near the site adjacent to Lee Highway. Bicycle Access: The site is conveniently located near several bicycle routes and trails in the area. The W & OD Trail can be accessed adjacent to the site. The proposed open space and the arcade/plaza will provide a link between the development and trail users. Transportation Demand Management (TDM) Plan: Consistent with site plan development and the County s adopted TDM Policy, staff recommends that the developer implement a TDM Plan to encourage the reduction of single occupancy vehicle (SOV) trips to and from the site. Staff recommends, and the applicant has agreed to implement the TDM strategies that are briefly summarized below and referenced in Condition #48 of the site plan conditions: 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 parking management plan including a schematic drawing depicting an area parking plan for all block faces abutting the site. Provide free SmarTrip cards for all new residents and employees. Designate a member of the building management team as Property Transportation Coordinator with responsibilities for completing and coordinating TDM Plan obligations. Conduct a transportation monitoring study of the site. Utilities: Construction of a new 8-inch water main from the 8-inch water main in Lee Highway, along the northeastern edge of the site, connecting to the existing 6-inch water main, is needed to facilitate the new development. The existing 6-inch water main which is to be replaced by the above mentioned 8-inch water main shall be abandoned with any existing services and Z , SP #

7 appurtenances reconnected to the new main. The sanitary sewer line between manhole #1979 and #1980 (at northeastern corner of property) shall be abandoned in place with flowable fill. Consistent with site plan development and the Utility Undergrounding Plan, the developer agrees to contribute to the Utility Underground Fund in the amount of $147,500 ($50,000 x 2.95 acres). The developer will also remove or relocate all existing aerial utility lines along the periphery of the site. 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: Zoning and General Land Use Plan: The proposed project is not consistent with the existing zoning on the subject site; therefore the applicant has requested a rezoning to C-O-1.5 which is compatible with the site s existing Low Office-Apartment-Hotel General Land Use Plan (GLUP) designation. According to the Zoning Ordinance, The purpose of the C-O-1.5 district is to provide for limited office building land use and, under appropriate conditions, office building, hotel, apartment, commercial and/or institutional redevelopment of older commercial and industrial areas. Appropriate mixtures of use and densities under the terms of this classification are to be determined in accordance with the special exception provisions of this ordinance and shall be consistent with the general land use plan or approved plans for the area. Determinations as to the actual types and densities of uses to be allowed will be based upon the characteristics of individual sites in their neighborhood and on the need for community facilities, open and landscaped areas, circulation and utilities. The project as proposed provides for a mixture of residential and retail uses, but does not provide any office or hotel development. Adopted Plans and Policies: General Land Use Plan: The site is designated Low Office-Apartment-Hotel (up to 72 units per acre) on the General Land Use Plan. The proposed density of the project is generally consistent with this designation. The actual density of the project is approximately 75 units per acre. The applicant has requested bonus density for the provision of open space and affordable housing in order to reach this density level. Low Office-Apartment-Hotel areas on the General Land Use Plan provide for a potential mixture of office, residential, commercial and/or hotel development. The project as proposed provides a mixture of commercial and residential development. The subject site is located in an area subject to note #7, which states, Within the area shown as Low Office-Apartment-Hotel, building heights shall be limited to a maximum of 65 feet along Lee Highway and Fairfax Drive, tapering to a maximum of 35 feet along frontages adjacent to residential neighborhoods. The project generally complies with note #7. It achieves its maximum height of feet along Fairfax Drive. While this height is nominally greater than Z , SP #

8 the 65 mentioned in note #7, the height measurement is taken from the average elevation. If the height were to be measured from the actual grade along Fairfax Drive, the building would be 61 tall. During the course of the SPRC process, it was determined that the project s design along Fairfax Drive complied with the intent of note #7. The project further meets the intent of note #7 by tapering to a height of 35 feet along the eastern edge of the site, adjacent to an R-6 district. East Falls Church Land Use Study: Completed in January 1986, this report concluded that due to then current and projected future demand for redevelopment of the commercial and industrial area on both sides of Lee Highway south of I-66, the Low Office-Apartment-Hotel GLUP designation was appropriate for this area. The report further recommended limiting building heights to 65 feet to recognize existing surrounding lower scale residential neighborhoods. The County Board implemented recommendations from this study on May 17, Arlington-Falls Church Ad-Hoc Planning Committee Final Report: On August 11 and 16, 1986, the City of Falls Church and the Arlington County Board, respectively, adopted a resolution establishing an Ad-Hoc Planning Committee composed of Arlington County and City of Falls Church representatives to explore planning and zoning alternatives in the commercial and industrial areas common to both jurisdictions. The findings of the committee were organized around seven areas of consensus, several of which apply to this development proposal: Accommodation of neighborhood-oriented businesses is a key component. Development must be sensitive to the residential areas adjoining the study area. Parking and traffic impacts should be addressed. Common streetscape and public amenities should prevail throughout. Zoning Ordinance: Concurrent with the site plan amendment is a rezoning request to C-O-1.5 Commercial Office Building, Hotel and Apartment Districts, which is consistent with the General Land Use Plan and which permits a density of up to 72 residential units per acre, a floorarea-ratio of 1.5 for commercial uses, and a building height of up to ten stories by site plan. Byright office and commercial development potential would decrease under the proposed zoning district from 1.5 FAR to 0.6 FAR. The requested zoning would also permit 7 single-family units per acre via reference to R-6 One-Family Dwelling District. The purpose of the zoning district states: The purpose is to provide for under appropriate conditions, office building, hotel, apartment, commercial and/or institutional redevelopment of older commercial and industrial areas. The proposed project is consistent with the stated purpose of the district. Industrial Land Use and Zoning Study: This study, accepted by the County Board on August 5, 2000, noted the discrepancy between the zoning and GLUP designations on the subject site and in the general area of the site in East Falls Church. The study noted that the Low Office- Apartment-Hotel GLUP designation was intended to encourage mixed use redevelopment to replace the existing industrial and service commercial uses. Z , SP #

9 ISSUES: Transportation: The developer has agreed that only one access point shall be provided to the garage. This access point is located off of an interior access drive and is an entrance and exit. Staff believes that one entry/exit for the garage is adequate to serve this site. The Bicycle Advisory Committee (BAC) recommends that the W&OD bike trail be shifted away from Interstate 66, closer to this site. Staff recommends that a representative from the BAC be on the committee that will be established to work on the design of the improvements to the public area adjacent to the W&OD trail. Change in Use: The area where the project is proposed was designated Low Office- Apartment-Hotel as a result of recommendations made in the East Falls Church Land Use Study (as discussed above). While the area remained in commercial and industrial use for several years following the change in General Land Use Plan designation, it is beginning to redevelop in a manner consistent with the land use designation. The West Lee/18 West development is currently under construction across Westmoreland Street from the project site. The West Lee/18 West project was approved as Site Plan #375 in This development includes retail uses at street level along Lee Highway and Westmoreland Street in addition to 128 condominium units and 18 townhomes. The West Lee/18 West property was rezoned to C-O-1.5 from its former industrial designation to accommodate the project. Rezoning the subject property (Tax Analysts) to C-O-1.5 would provide for a zoning pattern in this area that would be consistent with the General Land Use Plan. The C-O-1.5 zoning district provides for projects which may contain a mixture of office, residential, commercial and hotel uses. The appropriate specific mix of these land use categories is determined through the site plan process. The land use mix in the project as proposed is predominantly residential with some commercial retail development. Through the SPRC process and recent planning efforts conducted with Virginia Tech, the Civic Association and neighborhood residents have expressed a desire to see additional residential options in the area and to establish a neighborhood scale and pedestrian-oriented retail presence. Given that the existing residential units in the neighborhood are predominantly single-family-detached homes, the proposed condominium development will provide alternative housing options. Furthermore, the proposed retail will contribute to the establishment of a neighborhood retail district. The retail as proposed, when coupled with the West Lee, will provide for a pedestrian-oriented retail environment along both sides of Westmoreland Street. It is important to note that while the West Lee has retail frontage on Lee Highway, the subject site does not have frontage on Lee Highway. It is anticipated that future redevelopment of the land along Lee Highway adjacent to this site will include street level retail along Lee Highway. In addition to the retail and residential development proposed, the applicant intends to implement the development of open space along the northern edge of the site. Through the site plan process, open space development was determined to be desirable in this location. Z , SP #

10 Open Space: The applicant has proposed developing the area currently occupied by Fairfax Drive as open space. The applicant has proposed removing Fairfax Drive and developing an Interim Park in this area. The applicant will maintain the Interim Park. The applicant has further proposed contributing $200,000 to the implementation of a Final Park design. A broadly inclusive group of community and staff representatives shall form a design committee to collaborate and generate a concept plan for the Final Park. This group shall consist at a minimum of representatives of the Arlington East Falls Church Civic Association, the Planning Commission and the Bicycle Advisory Committee. Additionally, staff from the Departments of Community Planning Housing and Development; Parks, Recreation and Cultural Resources; and Environmental Services shall be included. Other staff may be involved as necessary. Representatives from the Northern Virginia Regional Park Authority should be encouraged to participate. Finally, any other concerned residents, individuals, organizations or advisory committees should also be encouraged to participate. Once the design committee has generated the concept plan for the Final Park, they will furnish the concept plan to the applicant. The applicant will then produce a draft design for the Final Park. This draft shall be reviewed by the design committee for its adherence to the concept plan. If the design committee has approved the draft design for the Final Park plan within six months of the approval of the Final Building Permit, then the applicant shall construct the Final Park at a cost not to exceed $200,000 and the maintenance of the Final Park will be the responsibility of the County. If the draft design for the Final Park plan is not approved within six months of the Final Building Permit, then the applicant will construct the Interim Park and contribute $200,000 to the County towards the construction of the Final Park. Affordable Housing: Following is a description of the applicant s proposal to provide affordable housing as part of the site plan s community benefit package. On Site Housing: The applicant proposes to provide 6 of the 9 bonus units at sales prices affordable to families earning 60 percent of MFI for each household size at the time that sales begin. It is estimated that the average value of an affordable unit is approximately $300,000 to $325,000. Cash Contribution: The applicant and the County will develop a schedule to allocate the sales of units concurrently between the applicant and the County at the market sale prices. The County would then receive the difference between the affordable and market sale prices as a cash contribution for use for other affordable housing efforts. Obtaining the subsidy value in this way leaves neither the County nor the applicant at risk of guessing what the market sale prices will be in the future. Summary of Additional Affordable Housing Plan Options: o Units sold to families earning 60% MFI for a condominium project or rented to the public at rates affordable to families earning 60% MFI for a rental project. Z , SP #

11 o Ownership of units maintained by developer and leased at 60% MFI. o Units sold to affordable housing provider and leased at 60% MFI. o Units sold at market rate and the County receives contribution in the amount equal to the market sales price, less the affordable sales price and expenses of sale. o Develop an alternative affordable housing plan to meet the affordable housing goals of the County, to be approved by the County Manager. The following table summarizes how the proposal meets several affordable housing goals: Affordable Housing Goals Goal I: Balance support for the elderly and persons with disabilities with a transitional safety net for working families with children. Goal II: Ensure through all available means that all housing in Arlington County is safe and decent. Goal III: Permit no net loss of committed affordable housing and make every reasonable effort to maintain the supply of affordable market rate housing. Goal VI: Distribute committed affordable housing within projects, within neighborhoods and throughout the County. Goal VII: Increase the rate of home ownership throughout the County, and increase homeownership opportunities for low and moderate-income households. Goal VIII: Ensure, through all available means, that housing discrimination is eliminated. Goal IX: Provide housing services effectively and efficiently. Proposal This proposal would add the equivalent of 5 affordable units to the County s stock of affordable housing. One of the affordable units (1-bedroom) will be a fully accessible unit. All the affordable units will meet new construction code standards. No existing housing will be removed as a result of this project. Five affordable housing units will be distributed within the building in the East Falls Church Metro Station area. This proposal could provide 5 affordable homeownership units. The County s agreements with the owners include strong anti-discrimination clauses, including a requirement that the owner not discriminate against residents on the basis of race, color, creed, religion, sex, disability or national origin. This proposal will provide on-site or off-site committed affordable units or make new funding available for other affordable housing projects. By using none of the County s capital funding resources, the proposal preserves such funding for other projects. Modification of Use Regulations: The applicant is requesting a 4.39% density bonus (9 total units, approximately 3 units per acre) for the provision of affordable housing. As part of this request, the applicant will provide six (6) affordable dwelling units within the project as described above. Community Process: The applicant has met several times with the Arlington East Falls Church Civic Association (AEFCCA) and with adjacent residents. In December of 2004, the Z , SP #

12 Civic Association issued a letter outlining their concerns about the initial project proposal. Through the course of the site plan process, the applicant revised the project to meet these concerns. The Civic Association supports the project as currently proposed. The Site Plan Review Committee held five meetings and a walking tour to review this project. Transportation Commission: On September 1, 2005, the Transportation voted to recommend approval of the site plan, by a vote of nine in favor, one opposing, and one abstaining. The motion was to recommend approval with the following conditions: Add to the conditions that the applicant will contribute $75,000 for the traffic signal at the intersection of North Westmoreland Street and Lee Highway. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #78) Add to the conditions that the Home Owner s Association be responsible for repair and maintenance for the outside elevator. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #79) Add to the conditions that a 23-foot wide public use access easement for the access drive from Westmoreland be added. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #80) Remove any impediment in the 23-foot wide access drive mentioned above. o Staff Response: The loading space has been turned perpendicular to its previous shown orientation and therefore is not impeding the access drive. Include a member of the Arlington County Bicycle Committee in the group to be formed to help design the park. o Staff Response: The inclusion of such a member was already stated in the text of the County Board Report. Increase amount of undesignated parking. o Staff Response: Staff is recommending that the applicant examine ways to provide additional shared parking Eliminate second garage exit (towards the western end of the site). o Staff Response: Staff has been recommending to the applicant that they eliminate this garage exit. The applicant has agreed to eliminate the egress. Planning Commission: On September 6, 2005 the Planning Commission voted to recommend approval of the site plan, by a vote of nine in favor, none opposed and two abstaining. The Commission s motion included the following recommended additions to the site plan conditions: The applicant s graphic materials need to be consistent as pertains to retail space, façade materials and other details. o Staff Response: The applicant has submitted updated and corrected drawings. A minimum of five affordable dwelling units should be included in the bonus density. Z , SP #

13 o Staff Response: The applicant has proposed that 6 of 9 bonus units be affordable. $75,000 should be provided for the installation of a new traffic signal at Westmoreland Street and Lee Highway, consistent with what was approved for Site Plan #375. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #78) The plaza access elevator should be maintained by the future Home Owner s Association in perpetuity should the project be developed as a condominium. If the project becomes rental apartments, the elevator should be maintained by the owner. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #79) The project should achieve credit for 26 LEED points instead of the 21 points proposed by the applicant. o Staff Response: The applicant has agreed to improve their LEED score and this has been added to the conditions. (Condition #70) The secondary (eastern) egress from the garage on Westmoreland Street should be eliminated and the space filled in with retail frontage. o Staff Response: Staff supports this recommendation. The applicant has eliminated this egress. Copies of the Interim Park Plan that are submitted with the Final Landscape Plan should be forwarded to the Arlington East Falls Church Civic Association and the Parks and Recreation Commission. o Staff Response: Staff will include these organizations in the distribution of the relevant materials. An easement for public access should be granted for the garage access alley on the western edge of the development. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #80) The committee that will design the Final Park concept plan should be broadly inclusive and should contain at a minimum representatives from the Civic Association, Planning Commission and Bicycle Advisory Committee. Other interested residents, community groups and advisory bodies should be encouraged to participate. o Staff Response: The applicant has agreed and this has been added to the conditions. (Condition #77) CONCLUSION: Staff recommends that the project be approved, subject to the following conditions of the staff report: Z , SP #

14 Note: Where a particular County office is specified in these conditions, the specified office includes any functional successor to that office. Where the County Manager is specified in these conditions, County Manager includes the County Manager s designee. 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. Site Plan Term 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 September 8, 2005 and reviewed and approved by the County Board and made a part of the public record on September 20, 2005, 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. 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. Whenever, under these conditions, anything is required to be done or approved by the County Manager, the language is understood to include the County Manager or his or her designee. 2. Pre-Construction Meeting The developer agrees to conduct a pre-construction meeting, and to coordinate participation in the pre-construction meeting by the developer and its construction team, and relevant County staff. Relevant County staff will include staff from the Departments of Community Planning, Housing and Development (DCPHD) Planning, Zoning, Inspection Services; Transportation (DOT); Parks, Recreation and Community Resources (DPRCR); Environmental Services (DES (or their successor departments) and other departments as determined by the County Manager, prior to the issuance of any permits for the site plan. The purpose of the pre-construction meeting is to discuss the requirements of the site plan conditions. Z , SP #

15 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 which will designate any trees proposed to be saved by the developer. Trees designated to be saved on the tree protection plan, or those specified to be saved by the approved site plan and shown on any filing in connection with this case, will be protected. 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 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 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 pursuant to this condition, which dies (any tree which is 30% or more dead as determined by the County s Urban Forester shall be considered to have died) prior to, or within ten (10) years of, the issuance of the Master Certificate of Occupancy 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, provided, however, that replacement as specified in this subparagraph does not relieve the developer of any violation resulting from the failure to save identified trees. Z , SP #

16 c. in addition to saving identified trees, the developer also agrees to replace all trees 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 County-owned land, determined by the County Manager. The developer agrees to submit and obtain approval of this plan by the County Manager as part of the final site development and landscape plan. 4. Photographic Record of Development The developer agrees to produce and submit to the Zoning Administrator 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: 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 photos taken at the following points in construction, and photos shall be submitted as taken: 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. Z , SP #

17 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 records for which no time is specified above, 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 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 below 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 $147,500 ($50,000 x 2.95 acres). 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 and implement (after approval) a plan for temporary pedestrian and vehicular circulation during construction. This plan shall identify temporary sidewalks, 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 as meeting these standards, before Z , SP #

18 the issuance of the Clearing, Grading and Demolition Permit. The County Manager may approve subsequent 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 the County Board date identified in Condition #1,. c. Relocation services in accordance with the Arlington County Tenant Relocation Guidelines adopted by the County Board and in effect on the County Board date identified in Condition #1, 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 the lead time for such notice may be reduced by mutual agreement in writing. Evidence of compliance with this condition shall be provided to the Zoning Administrator 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. Z , SP #

19 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 to the Zoning Administrator 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 developer specifically agrees that the County has the authority to take such actions as may be necessary, to include the issuance of a stop work order for the entire project, 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, Z , SP #

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