ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January 26, 2019 DATE: January 18, 2019 SUBJECTS: Applicant: A. SP #232 SITE PLAN AMENDMENT to convert 2,809 sf of gross floor area from office use to college/educational use on the ground floor; located at 4401 Fairfax Drive (RPC# 14-017-016) B. SP232-U-18-1 USE PERMIT ASSOCIATED WITH A SITE PLAN for a college use on the ground floor; located at (RPC# 14-017-016) C. SP232-U-18-2 USE PERMIT ASSOCIATED WITH A SITE PLAN for a medical office use (Mind Body Health) on the second floor; located at (RPC# 14-017-016) BSREP II Arlington Square, LLC 250 Vesey Street, 15 th floor New York, NY 10281 By: Matthew Roberts, Attorney Bean, Kinney & Korman, P.C. 2311 Wilson Blvd, Suite 500 Arlington, VA 22201 C.M. RECOMMENDATIONS: 1. Adopt the attached ordinance to approve the site plan amendment subject to all previously approved conditions, revision to condition #14, and new conditions #45 and #46. 2. Approve the use permit associated with a site plan for a college use, subject to the proposed conditions of the staff report. County Manager: ##### County Attorney: ***** 2. Staff: Kristen (Krissy) Walentisch, DCHPD, Planning Division
3. Approve the use permit associated with a site plan for a medical office use, subject to the proposed conditions of the staff report. ISSUES: No issues have been identified as of the date of this report. SUMMARY: This is a request for a site plan amendment to convert 2,809 square feet of existing office/retail space to college/educational use on the ground floor of an existing office building. The proposal also consists of two new use permits associated with the site plan: SP232- U-18-1 to establish a college/educational use on the ground floor of the existing office building, and SP232-U-18-2 to establish a medical office use on the second floor of the existing office building. The Arlington Square building located in Ballston has been mostly vacant since the U.S. Fish and Wildlife Service vacated the building in 2014, and the owner is looking to attract new tenants by methods laid out in this proposal. Staff recommends adoption of the attached ordinance to approve the site plan amendment subject to all previously approved conditions, revision to condition #14, and new conditions #45 and #46. Further, staff recommends approval of both associated use permits, subject to the conditions of the staff report. BACKGROUND: Site Plan #232 was approved on May 2, 1985 for a mixed-use project including 135,000 square feet of residential gross floor area (GFA), 135,000 square feet of office GFA, and 397 parking spaces. In December 1985, the County Board approved a site plan amendment to permit the subdivision of the property into two separate parcels, formally separating the office building from the residential tower. That approval also consisted of an increase in parking spaces to 401, allocating 250 spaces to the office component at 4401 Fairfax Drive. Since its construction in 1988, the building has served as an office use and home to the U.S. Fish and Wildlife Service headquarters until their departure in 2014. Since then, the building has sat mostly vacant. With this proposal, the owner intends to attract a variety of uses and tenants to occupy the building, and requests flexibility in the future to utilize the ground floor for office, retail, or college use (college only in 2,809 sf of approved space). Although the building was originally proposed as an office use, the May 1985 site plan approval detailed the flexibility for retail on the ground floor in addition to office use. Retail uses are considered a by-right use in the R-C zoning district, and do not require a site plan amendment or use permit. The applicant intends to lease 3,655 sf of ground floor space to two fast-casual restaurant tenants. Address / RPC: (RPC# 14-017-016) Neighborhood: Zoning: GLUP: Ballston-Virginia Square Civic Association R-C, Multiple-family Dwelling and Commercial District High-Medium Residential Mixed-Use SP #232, Arlington Square - 2 -
Existing Land Use: Figure 1: Aerial View, The 46,481-sf site is developed with an 8-story office building, and located on the southern portion of the block bound to the south by Fairfax Drive, to the east by N. Utah Street, to the north by 11 th Street NW, and to the west by N. Vermont Street. Source: Arlington County GIS Figure 2: Street view from Fairfax Drive Source: CPHD SP #232, Arlington Square - 3 -
DISCUSSION: The applicant is proposing to convert 2,809 sf of existing office space on the ground floor of the Arlington Square building to a college/educational use, and to convert 2,448 sf of existing office space on the second floor to a medical office use. No additional GFA will be created, and the conversion involves only interior renovations. Staff does not anticipate any land use impacts resulting from these conversions. The following details the proposed use and staff assessment of the use: PROPOSED USE: Site Plan Amendment for Conversion of Use for Ground Floor Retail & Retail Equivalent Uses: This site is designated as a Gold street in the County s Retail Plan, which permits all retail categories and retail equivalents, which is what the proposed college use falls under. The applicant has stated that they are also looking to lease 3,655 sf of ground floor space to two fast-casual restaurants, although the uses are by-right and do not require site plan or use permit approval. The addition of a private college and two restaurants will provide ground floor activation and allow the building to contribute to the Ballston streetscape. The applicant is requesting flexibility on the Retail Plan s interior design recommendations for retail equivalents in two areas. The first is for floor-to-ceiling height: the Plan recommends a 15-foot minimum, but the existing height is 12 2. The second is for accessibility: the Plan recommends direct access to service corridors for trash and loading, which the space designated for a college use does not have. However, the Retail Plan includes a clause in regard to older buildings that acknowledges this design challenge, stating, Thus, strict adherence to the Retail and Urban Design Guidelines may not be feasible in some buildings. Staff does not anticipate flexibility from these two design guidelines to have an adverse effect on the retail equivalent use in this instance and will allow for new uses of these spaces that will help to activate the streetscape adjacent to the building. College/Educational Use: The applicant is proposing to convert 2,809 sf of existing office space to a college use on the ground floor in the portion of the building located near the intersection of Fairfax Drive and N. Vermont Street, or the southwestern corner of the building. The associated use permit (SP232-U-18-1) is for a private college that will offer degrees in a Master of Business Administration, Bachelors of Science in Business, Bachelors of Science in Information Technology, and general studies and electives programs. Classes will occur from 5pm to 10pm on weekdays, and from 8am to 6pm on weekends. The applicant anticipates approximately 30 students, along with professors and administrative staff, to be onsite at any given time. SP #232, Arlington Square - 4 -
Figure 3: Private College Floor Plan, Ground Floor Source: Applicant Medical Office Use: Included in the scope of this proposal is a use permit request (SP232-U-18-2) for a medical office use on the second floor. The business intended for the space is Mind Body Health, which provides cognitive behavioral therapy counseling services, and whose current office location is in Courthouse. The tenant will lease approximately 2,448 sf of space on the second floor, which will be used for offices and clinical treatment rooms and spaces. Mind Body Health provides nutritional and psychological counseling to persons suffering from anxiety, eating disorders, depression, chronic pain, and insomnia, among other things. SP #232, Arlington Square - 5 -
Figure 4: Medical Office Use Floor Plan, Second Floor Source: Applicant Parking: The building currently has 226 dedicated parking spaces located in a shared underground garage with access from N. Vermont Street. Section 7.3.4.E.2 of the Arlington County Zoning Ordinance requires an office parking ratio in the R-C zoning district of 1 space per 580 sf of commercial or office space. Based on the building s density of 134,697 sf, the building requires 226 spaces (with the exclusion of 3,655 sf of ground floor restaurant space which is permitted by ACZO 14.3.6.2). According to ACZO 14.3.7, college use parking ratios are established as determined by the County Board. The proposed college use, which is classified as a retail-equivalent in the County s Retail Plan, will function similarly to the other commercial uses in the building, with the main hours of operation on weeknights and weekends. As such, it is proposed that the R-C Zoning district commercial office parking ratio be applied to this use. Therefore, the building has enough required parking for the conversion of these uses. ASSESSMENT: DES, Transportation: Staff finds no issues or concerns with respect to on-site parking or transportation associated with or affected by this request. DES, Commuter Services: Staff determined that the use conversions requested in this project do not warrant additional TDM conditions. Staff does recommend that the applicant install four (4) visitor bicycle parking spaces (or two racks) in front of the building for short-term visitor use, which will be enforced under new condition #45. CPHD, Planning: Staff supports the proposed site plan amendment and the two corresponding use permits. Retail is permitted on the ground floor, and the college use, SP #232, Arlington Square - 6 -
which is classified as a retail equivalent, is allowed, as directed in the County s Retail Plan. The proposed uses are compatible uses for the existing office building and will help to activate the streetscape with no anticipated adverse impact on the surrounding community. Staff finds that both the college use and the medical office use meet the standards set forth in Section 15.4.3 of the Zoning Ordinance, in that they will not harm the health and safety of anyone living or working in the vicinity, will not be detrimental to the public welfare or injure property in the neighborhood, and will not conflict with the purposes of the master plans of the County. PUBLIC ENGAGEMENT: Level of Engagement: Communicate: This level of engagement is appropriate because implementation and operation of the proposed use is not anticipated to adversely impact the neighborhood. Outreach Methods: Public notice was given in accordance with the Code of Virginia 15.2-2204. Notices of the County Board hearing on the site plan amendment and use permits were placed in the January 1, 2019 and January 8, 2019 issues of the Washington Times for the January 26, 2019 County Board Meeting. In addition to the above legal requirements: Individual letters outlining the project description and public hearing details were mailed to surrounding property owners of the subject property. Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing. The civic association was informed of the application via email. The subject property is located within the Ballston-Virginia Square Civic Association. Community Feedback: Ballston-Virginia Square Civic Association: The BVSCA has reported that they have no comments on, or objections to this proposal. CONCLUSION: The conversion of office to college use on the ground floor and the conversion of office to medical office use on the second floor of the Arlington Square building is a supported land use conversion, and will help activate the streetscape for a building that has sat largely vacant for five years. The addition of two by-right fast-casual restaurants also brings retail to a site that is encouraged to have retail categories and retail-equivalents, as designated in the County s Retail Plan. Given this, staff recommends approval of the site plan amendment for SP #232, Arlington Square - 7 -
the conversion of office to college use on the ground floor, approval of a use permit for a college use on the ground floor, and approval of a use permit for a medical office use on the second floor at the Arlington Square building located at, subject to all previously approved conditions, with a revision to condition 14, and new conditions #45 and #46, and subject to all new use permit conditions. Proposed Conditions for SP232-U-18-1 for New College Use: 1. The applicant agrees that only the spaces (of approximately 2,809 square feet or less in total) as shown on the drawings labeled as, 4401 N. Fairfax Drive Site Plan; Arlington Square, Site Plan, (as an attachment to this report), dated November 20, revised December 17, 2018, at, and approved by the County Board on January 26, 2019, may be used for a college or educational use. 2. The applicant agrees to comply with all applicable requirements set forth in all applicable ordinances, codes, and regulations, including but not limited to the currently adopted editions of the Virginia Uniform Statewide Building Code, Parts I, II, and III, and its related regulations; the Virginia Fire Prevention Code; the Arlington County Zoning Ordinance; and the Arlington County Health Regulations. Furthermore, the applicant agrees to actively and promptly pursue obtainment of all required associated building and operational permits and occupancy certificates from the various administrative and regulating agencies. 3. The applicant agrees to identify an on-site liaison who shall be available during all hours of operation to receive and respond to community concerns. The name, telephone number, and electronic mail address of the liaison shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square Civic Association thirty (30) days after County Board approval. 4. The applicant agrees that the hours of operation for scheduled classes for the college use are Monday through Friday between 5PM and 10PM, and Saturday and Sunday between 8AM and 6PM. Proposed Conditions for SP232-U-18-2 for New Medical Office Use: 1. The applicant agrees that only the spaces (of approximately 2,448 square feet or less in total) as shown on the drawings labeled as, Mind Body Health Test Fit Revised, 4401 Arlington Square, 2 nd Floor, (as an attachment to this report), dated November 20, revised December 17, 2018, at, and approved by the County Board on January 26, 2019, may be used for a medical office use. 2. The applicant agrees to comply with all applicable requirements set forth in all applicable ordinances, codes, and regulations, including but not limited to the currently adopted editions of the Virginia Uniform Statewide Building Code, Parts I, II, and III, and its related regulations; the Virginia Fire Prevention Code; the Arlington County Zoning Ordinance; and the Arlington County Health Regulations. Furthermore, the applicant SP #232, Arlington Square - 8 -
agrees to actively and promptly pursue obtainment of all required associated building and operational permits and occupancy certificates from the various administrative and regulating agencies. 3. The applicant agrees to identify an on-site liaison who shall be available during all hours of operation to receive and respond to community concerns. The name, telephone number, and electronic mail address of the liaison shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square Civic Association thirty (30) days after County Board approval. SP #232, Arlington Square - 9 -
SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated November 20, 2018, revised December 17, 2018, for Site Plan #232, was filed with the Office of the Zoning Administrator; and WHEREAS, as indicated in the Staff Report provided to the County Board for its January 26, 2019, meeting, and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendment subject to conditions as set forth in the Staff Report; and WHEREAS, the County Board held a duly-advertised public hearing on the Site Plan Amendment on January 26, 2019, and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Site Plan as amended: Substantially complies with the character of master plans, officially approved neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance. Functionally relates to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and Is so designed and located that the public health, safety and welfare will be promoted and protected. NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated November 20, 2018, revised December 17, 2018, Site Plan #232, and as such application has been modified, revised, or amended as set forth in the Zoning Administration records for a Site Plan Amendment for the conversion of 2,809 square feet of ground floor office use to college use on the parcel of real property known as (RPC# 14-017-016), approval is granted and the parcel so described shall be used according to the revised site plan application, subject to all previously approved conditions (numbers 1 through 34 from May 1985 approval, number 35 from December 1985 approval, numbers 35 through 42 from November 1987 approval, and number 35 from 2014 approval) and with a revision to condition #14 and new conditions #45 and #46 below: 14. Fifty percent (50%) of all office/retail building facades at street grade shall be designed with storefront windows, open glass or other transparent treatment. The applicant agrees to obtain the approval of the County Manager of the façade elevation drawings and material samples submitted per this condition, as being consistent with the intent of the County Board s approval of the Site Plan, including any changes SP #232, Arlington Square - 10 -
approved administratively or through site plan amendment, prior to the issuance of the Final Building Permit. 1) Minor adjustments to the approved façade for retail storefronts shall be submitted to and reviewed by the Zoning Administrator, who may administratively approve the change(s) upon finding that the change(s) meets the intent of the approved Site Plan and the following guidelines and characteristics: a. Storefront facades may vary in color, texture, material, size, scale, and signs. Both the shell building and retail business storefronts shall be designed to maximize transparency into each store consistent with paragraph 2 below. b. Building materials are predominantly comprised of the following: natural stone (marble, limestone, granite, terrazzo), masonry (brick, arriscraft, stone, CMU), ceramic and quarry tile, precast concrete, metal panels, glass and glazing, and wood. Other materials of similar high quality may be used with approval of the County Manager. For the purposes of this subparagraph 1, minor adjustments shall include only the following: (i) adjustment in the location of the access points and window or door placements for retail along the street frontage on the ground floor; and (ii) changes to the materials, provided that the proposed materials are in keeping with the general intent of the approved Site Plan design; and (iii) adjustments required due to adjustments of the elements of the retail space. All other changes to the approved retail will require a Site Plan amendment. 2) Any change to the façade which does not meet the above description of minor adjustment or any structural element that requires an encroachment into County right-of-way shall require a Site Plan amendment. 3) The applicant agrees that all mechanical equipment, regardless of location, shall be screened so that the mechanical equipment is not visible from the public rightof-way. The screening shall have an opaque or opaque-like treatment. Screening for the penthouse mechanical equipment shall consist of a solid wall treatment. Any mechanical equipment, including equipment located on the ground or at roof top, and screening for the penthouse mechanical equipment, shall be shown on all elevation drawings. The Developer agrees to obtain the County Manager s review and approval of the details of the screening treatment, including height, material and color, as meeting this standard, as part of the approval for the façade elevations and façade materials. 4) The applicant agrees that all retail and retail-equivalent (as defined in the Arlington Retail Plan adopted July 2015) storefronts along public rights-of-way are required to have an overall minimum transparency of 65%. The purpose of this condition is to allow pedestrians to view the activity within the retail establishment and to allow patrons and employees of the retail establishments to view the activity on the sidewalk and street. Transparency shall mean using glass or other transparent exterior material offering a view into an area of the retail establishment where human activity normally occurs and does not include views into areas blocked by display cases, the rear of shelving, interior walls, blinds, hallways, or the like. 5) The applicant agrees that the illumination, up-lighting, or the like, of any architecture, including buildings, structures, sites and facades, shall not be SP #232, Arlington Square - 11 -
permitted unless specifically called out on the Site Plan and approved by the County Board. Any architectural illumination shown on the façade elevations that was not specifically shown on the Site Plan approved by the County Board shall require a Site Plan amendment. 45. The applicant agrees that only the spaces (of approximately 2,809 square feet or less in total) as shown on the drawings labeled as, 4401 N. Fairfax Drive Site Plan; Arlington Square, Site Plan, (as an attachment to this report), dated November 20, revised December 17, 2018, at, and approved by the County Board on January 26, 2019, may be used for either retail, office, or college/educational use. In addition to all other conditions of this site plan, the applicant specifically agrees that the added college/educational use shall be subject to the following additional condition: a. Provide two visitor bicycle racks to accommodate four bicycle parking spaces for short-term visitor parking to accommodate the November 20, 2018, revised December 17, 2018, site plan amendment request for conversions of existing office use to college, retail, and medical office use. Visitor bicycle parking shall conform to Class II or Class III Arlington County bicycle parking standards in effect on the date of site plan approval, or as approved in the Civil Engineering Plan as substantially equal to, that shown in the standards. Such facilities shall be installed at exterior locations that are highly visible to, and within 50 feet of, the primary building entrances, unless there are physical obstructions that cannot be changed or moved to accommodate the bicycle parking within the 50-foot distance, in which case they shall be sited as close to the 50-foot distance as physically possible. Such facilities shall not encroach on any area in the public right-of-way intended for use by pedestrians or any required fire egress. 46. For the Site Plan Amendment approved by the County Board on January 26, 2019, the applicant agrees to comply with all requirements set forth in all applicable laws, ordinances, and regulations, including, by way of illustration and not limitation, those administered by the Office of the Zoning Administrator and the Community Code Enforcement Office. SP #232, Arlington Square - 12 -
PREVIOUS COUNTY BOARD ACTIONS: January 3, 1981 January 9, 1982 May 8, 1982 September 11, 1982 Deferred rezoning application Z-2192-81-3 for a site plan at 4401 and 4421 Fairfax Drive. Deferred site plan application Z-2192-81-3 for a site plan at 4401 and 4421 Fairfax Drive. Deferred site plan application Z-2192-81-3 for a site plan at 4401 and 4421 Fairfax Drive. Withdrawal of site plan application Z-2192-81-3 for a site plan at 4401 and 4421 Fairfax Drive. January 3, 1984 Approval of a site plan for the property known as 1021 N. Vermont Street. November 17, 1984 May 18, 1985 December 7, 1985 March 7, 1987 Approved site plan amendment to extend temporary parking for nearby metro facility. Approval of site plan application Z-2192-81-3 for a site plan at 4401 and 4421 Fairfax Drive for a rezoning of the 4400 Block of Fairfax Drive, the 1000 Block of N. Utah Street, and 1021 N. Vermont Street from R-5 and C-2 to R-C; and a 10-story residential building containing 135,000 square feet of gross floor area and an 8-story office building containing 135,000 square feet of gross floor area. Approval of a site plan amendment for subdivision of the site plan into two separate parcels, shift the residential building approximately three feet, an increase in residential building height, increase in parking from 397 to 404, and an increase in residential units from 131 to 139 with no change to gross floor area. Approved site plan amendment to permit 219 square feet of sign area. November 7, 1987 Approved site plan amendment to incorporate 22,974 square feet into the site plan area and for an additional 85 unit residential building. September 14, 2014 Approved site plan amendment to construct a 777sf bump out filling in existing breezeway. SP #232, Arlington Square - 13 -
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UP MIND BODY HEALTH 0 16' 32' 64' 1/32"=1'-0" GRAPHIC 11.5.18 MIND BODY HEALTH TEST FIT REVISED 4401 ARLINGTON SQUARE, 2ND FLOOR
N UTAH ST C-2 1100 N VERNON ST 1103 1107 1111 4521 4519 4517 1112 1108 1107 1104 1105 1102 1101 1109 1113 1105 1108 1103 4303 4301 1106 4403 4311 4309 4307 4305 4411 4407 1104 1101 4325 1102 R15-30T 4401 4527 4409 4405 45354531 4537 1100 4533 4529 4525 11TH ST N N UTAH ST 1105 1101 4400 1050 1031 1045 1050 1005 1024 C-O-2.5 N VERMONT ST 1001 RC 4301 N GLEBE RD N TAYLOR ST 4501 4401 FAIRFAX DR 4420 4350 920 950 901 C-O-A 851 900 SP # 232, SP232-U-18-1, and SP232-U-18-2 4401 Fairfax Dr RPC # 14-017-016 Scale: ICase Location(s) 1:1,800 Note: These maps are for property location assistance only. They may not represent the latest survey and other information. Department of Community Planning, Housing and Development County Use Only Date Placard Posted By Removed