ARLINGTON COUNTY, VIRGINIA...ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of January...

DATE: January 12, 2006 SUBJECT: SP #331 SITEplan, construct approximateassociated parking, outdoorrequirement, density, heigh851, 901, 950 N. Glebe Rd.053-057). Applicant: Arlington Office, L.L.C. By: Nan Terpak Walsh, Colucci, Lubeley, E2200 Claredon Boulevard, SArlington, Virginia 22201

C.M. RECOMMENDATI

Approve, the site plaPlan #6) into Site Plasquare feet of retail sregulations for landsresidential storage, ato revised Condition

ISSUES:

1. Does the proposed cMetro Station justif

2. Have issues related potential adverse im

County Manager: _________ County Attorney: _________ Staff: Lisa Maher, Planning David Robinson, Tran PLA - 4213

ARLINGTON COUNTY, VIRGINIA

County Board Agenda Item Meeting of January 21, 2006

PLAN AMENDMENT to incorporate 4420 N. Fairfax Dr. into site ly 237 dwelling units, approximately 9,200 square feet retail, seating, modifications of use regulations for landscaped open space t, exclusion of retail and residential storage, and hotel parking; 801, , 4420 N. Fairfax Dr. (RPC #14-051-019, -356, -358, -360-772, 14-

mrich & Terpak uite 1300

ON:

n amendment request to incorporate 4420 North Fairfax Drive (Site n #331 and to permit a residential building with 237 units and 8,640 pace at that address, outdoor seating, with modifications of use caped open space requirement, density, height, exclusion of retail and nd hotel parking, subject to the new conditions in the staff report and #57 for the previously approved Arlington Gateway site plan.

ontribution toward the provision of a western entrance to the Ballston y additional height and density? to internal circulation been adequately addressed to minimize pacts to existing neighboring properties? _________

_________

Division, DCPHD sportation Division, DES

SP #331 Major Site Plan Amendment - 2 - Arlington Gateway – The Fairmont PLA-4213

SUMMARY: The applicant, the developer of the Arlington Gateway site plan, requests to add an adjacent parcel, located at the southeast corner of North Fairfax Drive and North Vermont Street, to the site plan and to construct a high-rise residential building with ground floor retail on that parcel. The request includes additional height and density for providing substantial improvements toward the provision of a second, western, Ballston Metro station entrance. Additional height and density have previously been approved for projects at metro station entrances along the Rosslyn-Ballston Corridor. In addition, this area in Ballston, designated “Coordinated Mixed-Use Development District” on the General Land Use Plan, is planned for the highest densities and heights in the County outside the core of Rosslyn to realize the “new downtown in central Arlington” that was the vision for this area in the Ballston Sector Plan. Overall, the proposed new building’s mass and height would be appropriate in this location, because 1) the height is consistent with the Sector Plan’s vision for the center of Ballston as a new downtown, 2) the proposed building height perpetuates the County’s policy of greatest height at metro stations, and 3) the building’s massing and materials would provide some variety and relief from the boxy shape of the office buildings on either side of it along North Fairfax Drive. Staff supports the applicant’s request for bonus density and height, which is justified by the magnitude of metro improvements that the applicant has agreed to design and construct if the site plan amendment is approved. Since this request was last before the County Board on November 29, 2005, staff, the applicant, and the community have discussed a number of site circulation and access issues over the entire Arlington Gateway site, and this pending site plan amendment application proposes some improvements to the existing site that staff believes will benefit the whole site, plan in particular the Continental Condominium residents, and would be an improvement over the existing site plan. These items include the possible relocation of the Fairmont parking garage entrance to the south side of the building, the addition of new sidewalks on the north and east sides of the Continental (subject to the Continental’s approval), additional traffic calming measures in the internal driveways, reorientation of the eastern portion of Fairfax Alley to improve access to the Continental’s garage, and development of a traffic and curbside management plan for the new western entrance of the Ballston Metro station. BACKGROUND: In December 1999, the County Board approved a major site plan amendment to an approved mixed-use project on the east side of North Glebe Road between North Fairfax Drive and Wilson Boulevard to consist of an office building, a residential building, and a full-service hotel. In June 2003, the County Board approved a subsequent site plan amendment to incorporate property across Glebe Road to the west of the project and construct a second office building. To date, the residential building is complete and occupied, the first office building is undergoing tenant buildout, the hotel is scheduled to be completed in January 2006, and the second office building is beginning construction. As part of the site plan, the applicant agreed, with County financial input, to construct an escalator wellway for a western Ballston Metro station entrance at the corner of North Fairfax Drive and North Vermont Street in the ground floor of the original office building.


The following provides additional information about the site and location:

Site: The subject site is located at the southeast corner of the intersection of North Fairfax Drive and North Vermont Street. The following uses surround the site:

To the north: High-rise office building (4401 N. Fairfax Dr.). To the west: Arlington Gateway office building To the east: High-rise Ellipse office building, with Jefferson residential and

NRECA office buildings to the southeast To the south: The Continental—Arlington Gateway high-rise residential

building Proposed Development: The following table sets forth the development potential for the site: Portion of Site: “C-O-A” Only

Existing/Proposed Zoning: (“C-O-A”)

Density Allowed

Maximum Development by Site Plan

Arlington Gateway Existing: Fairmont Existing: Combined:

164,654 s.f. (3.78 acres) 27,460 s.f. (0.63 acres) (includes 6,112 s.f. of N. Vermont St. requested to be vacated) 192,114 s.f. (4.41 acres)

Existing site plan: 918,239 s.f. (5.57 FAR) Existing site plan: 59,748 s.f. (2.8 FAR)1 based on existing site area of 21,348 s.f. Existing site plans: 977,987 s.f. (5.09 FAR)

987,924 s.f. (6.0 FAR) 82,380 s.f. (3.0 FAR) 1,152,684 s.f. (6.0 FAR)

Identification Map of Approved and Proposed Buildings: Building numbers and names are used in the tables below.

1 Originally approved at 1.05 FAR, but a portion of the site was subdivided and removed from the Fairmont site to add to the Arlington Gateway site plan


Site Plan Proposal: The next two pages describe the proposed development statistics. APPROVED PROPOSED Site Area Total 242,470 s.f. (5.57 acres) 269,930 sf. (6.20 acres) (addn. of 27,460 s.f.) “C-O-A” 164,654 s.f. (3.78 acres) 192,114 s.f. (4.41 acres) (addn. of 27,460 s.f.) “C-O-2.5” 77,816 s.f. (1.79 acres) 77,816 s.f. (1.79 acres) General Land Use Plan “C-O-A” “Coordinated Mixed-Use Development

District” “Coordinated Mixed-Use Development

District” “C-O-2.5” “Medium” Office-Apartment-Hotel “Medium” Office-Apartment-Hotel

Building/Use—Numbers in parentheses from map above

Approved GFA (s.f.)

Proposed GFA

(s.f.)

Max. GFA

Perm. (s.f.)2

“C-O-A” Gateway

Office (1) 316,839 316,839

Hotel (3) 168,400 168,400 Office/Hotel

Retail (1,3) 19,000 19,000

Continental (2)

414,000 414,000

Fairmont (5) 244,3986 164,760 Residential

(5) 235,758

Retail (5) 8,640

Total office (1)

316,839 316,839

Total retail (1,3,5)

19,000 27,640

Total off./ret. (1,3,5)

335,839 344,479 576,342

Total Hotel

(3) 168,400 168,400

Total Residential

(2,5)

414,000 649,758

Total Hotel/Res.

(2,3,5)

582,400 818,158

2 These figures include previously approved GFA for Arlington Gateway and the Regent as the Maximum Permitted values. 3 This figure represents overall density on “C-O-A” portion of the site plan and includes a request for 8.54% of additional density on the Fairmont, Gateway Office, Gateway Hotel, and the Regent for the provision of metro station improvements. 4 These figures include previously approved GFA for Arlington Gateway and the Regent as the Maximum Permitted values. 5 326 hotel units have actually been built. 6 This figure is 79,638 s.f above 6.0 FAR as calculated over the Fairmont portion of the site only. The applicant requests this as 8.54% additional density above the approved GFA of the Gateway Office, Gateway Hotel, and the Regent buildings and above 6.0 FAR on the Fairmont site.


Total “C-O-A” (1,2,3,5)

918,239 1,162,637 1,152,684

“C-O-2.5”

The Regent Office (4)

248,962 248,962

The Regent Retail (4)

14,401 14,401

Total “C-O-2.5”

263,363 263,363 194,540

Total Site Plan 1,181,602 1,426,000 1,347,224

Office 565,801 565,801 Retail 33,401 42,041 Hotel 168,400 168,400

Residential 414,000 649,758

7 This FAR results from the use of commercial GFA from the east side of Glebe Rd. on this site.


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“C-O-A” Landscaped Area Proposed: 7.63% “C-O-A” Landscaped Area Required by right: 10% LEED Score: 26 Density and Uses: The applicant requests the addition of site area and density to the existing Arlington Gateway site plan. This includes incorporating the area of existing Site Plan #6 (the 8 Maximum by right compact parking ratio is 15%. The original Arlington Gateway site plan was approved under a previously existing, higher standard.

ter 5,000 s.f. exclusion for proximity to Ballston Metro Station.

9 Moving all resident Continental parking spaces into the Continental garage may require the removal of up to five hotel spaces.10 Parking ratio calculated af


Fairmont Building) and most of the area of the remaining public portion of North Vermont Street, which is located between the Fairmont Building and the newly constructed Arlington Gateway office building, and constructing a new, 23 story residential building with ground floor retail. The applicant’s original proposal, for a smaller building, would have resulted in an overall density on the Fairmont site only, including the originally requested area of North Vermont Street to be vacated, of 6.0 FAR. In response to staff’s request for the applicant to construct improvements for a new western entrance for the Ballston Metro station, the applicant revised the application to request additional density of 75,000 square feet, for a total building GFA of 244,398 square feet. Since the area of the street vacation has been reduced slightly, the amount of additional density has been revised to 79,638, which the applicant has requested as 8.54% of additional “bonus” density, calculated over the approved Arlington Gateway office and hotel, the Regent, and over 6.0 FAR on the Fairmont site, to support the cost of these improvements. The total requested overall “C-O-A” density of the revised site plan amendment would be 6.05 FAR. Site and Design: Under the requested proposal, the existing five story Fairmont Building would be demolished and replaced with a steel and glass residential building. The first 11 floors would be “L” shaped, roughly following the property line. Above this base would rise a slender tower with an additional 12 floors with a slightly hexagonal shape. A small lobby entrance would be located at the point of the hexagonal tower on North Fairfax Drive. The remainder of the North Fairfax Drive frontage and the North Vermont Street frontage, would be occupied by 8,640 square feet of ground floor retail. A total of 289 parking spaces would be provided, with four spaces on the surface to be placed under the control of the Continental condominium (three if they are striped to provide handicapped accessibility, which would reduce the total to 288) and 285 spaces in a five level underground garage. The garage would include 269 parking spaces for residents of the new building, seven spaces for retail customers, and six spaces for visitors. Up to three spaces would be provided for residents of the Continental. The existing Arlington Gateway site plan, which surrounds the subject site on three sides, and includes an office building, condominium, and hotel east of North Glebe Road and a second office building west of North Glebe Road, was approved by the County Board in 1999, amended in 2003, and is currently under construction with the condominium (The Continental) completed and occupied. Along the western edge of the site is North Vermont Street, with the Gateway office building’s parking and loading entrances across North Vermont Street, a driveway along the southern edge of the site, and a driveway along the east side of the proposed building, which accesses North Fairfax Drive and extends south to North Glebe Road. The proposed building would have its parking garage ramp entrance at the southeast corner of the subject site, entering this driveway along the east side of the building. The loading dock would be located at the southwestern portion of the subject site, on the southern driveway adjacent to North Vermont Street.

LEED Scorecard: The applicant has agreed to achieve 26 LEED points in the proposed project. Condition #69 addresses the applicant’s LEED scorecard and implementation of “green building” measures in the proposed project.


TRANSPORTATION: The subject site is located in the southeast corner of the intersection of Fairfax Drive and North Vermont Street. The Master Transportation Plan – Part 1 classifies Fairfax Drive as a minor arterial and North Vermont Street as a neighborhood-minor street. On-street parking is permitted on Fairfax Drive adjacent to the site frontage, and on-street parking is prohibited adjacent to the North Vermont Street site frontage. Trip Generation: A Traffic Impact Analysis (TIA) submitted by the applicant, prepared by Wells & Associates and dated November 18, 2004, assessed the impacts of the development on the adjacent street system. The proposed 237-unit development, along with 8,640 square feet of retail, is estimated to generate 49 AM and 87 PM peak hour vehicle trips upon project completion. The site is currently vacant and not generating any vehicle trips. To improve the level of service of the Fairfax Drive and North Vermont Street intersection, as well as to improve pedestrian safety at this intersection, in anticipation of the increased pedestrian volumes after the Ballston-MU Metro Western Entrance is completed, staff recommends, and the applicant agrees, that the applicant contribute the estimated cost of a traffic signal to be installed at this location. The current Arlington Gateway mixed use development includes a full-service hotel, an office building and a condominium east of North Glebe Road, and a second office building, called The Regent, west of North Glebe Road. The portion of the site plan including the subject site is bounded by North Glebe Road to the west, Fairfax Drive to the north and the Ellipse site plan to the east. Access to the portion of the site east of North Glebe Road is available from North Glebe Road and Fairfax Drive. There are two driveway entrances to the site from North Glebe Road. The southern driveway is located southeast of the hotel and is located just north of Wilson Boulevard and parallels the Arlington Gateway/Ellipse property line. The shared driveway provides access to the Arlington Gateway hotel loading dock and the phase II NRECA office building garage and loading dock. The service drive was approved to operate one way in the northbound direction due to its intersection angle with Glebe Road. The second Glebe Road driveway entrance is located approximately mid-block between Wilson Boulevard and Fairfax Drive and follows the previously vacated North Vermont Street right-of-way. This driveway also provides a through connection between Glebe Road and Fairfax Drive and provides access to the hotel parking garage, the office building and the condominium parking garages and loading docks. The Fairfax Drive entrance allows movements in all directions and is unrestricted. Most of the remaining northern portion of Vermont Street is proposed to be vacated concurrent with the site plan amendment to incorporate the Fairmont site into the Arlington Gateway site plan. As previously noted, the TIA for the Arlington Gateway site plan was updated to incorporate the Fairmont site and land use change from an office to a residential development. The existing Fairmont office building was approved to have 59,748 square feet of gross floor area and was last occupied by the Immigration and Naturalization Service (INS). Access to the Fairmont building site is available from Fairfax Drive at two locations – the existing North Vermont Street intersection and a driveway entrance located adjacent to the site’s eastern property line with the Ellipse office building. A private internal ingress/egress access drive aisle provides a connection between the vacated Vermont street right-of-way which will operate as a private street with


public use access easement and the service drive located adjacent to the Arlington Gateway/Ellipse property line. The internal access drive, which is located between the Continental Condominium and the Fairmont building, provides access to the proposed Fairmont building loading dock as well as the Continental Condominium’s parking garage and loading dock and some surface parking spaces. Access to the Fairmont’s parking garage is from the drive aisle located adjacent to the eastern end of the site. Residents heading eastbound on Fairfax Drive would turn left out of the garage and right on Fairfax Drive. Several options exist for traveling northbound on Glebe Road, southbound on Glebe Road and westbound on I-66. Residents can use the internal access drive to the vacated Vermont Street drive aisle and either turn right towards Fairfax Drive which is proposed to be signalized to facilitate left turns, or left on the drive to northbound Glebe Road. A second alternative for heading south and west of the site is available by heading east on Fairfax Drive from either driveway entrance and southbound on North Taylor Street to eastbound Wilson Boulevard or southbound on North Randolph or Quincy Street to southbound Glebe Road. Alternative garage entrance locations are discussed later in the DISCUSSION section. In updating the TIA, the consultant accounted for the planned development within the Arlington Gateway site, including the hotel, the office building and the condominium. Existing background traffic volumes which included construction traffic and existing Fairmont (INS) traffic were included, which results in a slightly conservative (over estimate) analysis for the background traffic volumes. In practice, the existing site traffic (Fairmont site) would be subtracted from the background traffic volumes and not double counted with the addition of the proposed development. Because of the construction activity at the site, the transportation consultant did not try to disaggregate the traffic volumes to specific uses on-site. For comparison purposes, a generic office building of approximately 61,000 square feet is estimated to generate approximately one peak hour vehicle trip per one thousand square feet of development, or 61 peak hour vehicle trips. In general terms, the proposed residential development is estimated to result in a slight decrease in the morning peak hour vehicle trip generation and a slight increase in the evening peak hour, relative to the existing development for a generic office building as shown below. However, there are distinct differences with a change from office to residential development. During the morning peak period, an office development generates inbound trips whereas a residential development generates outbound trips. During the evening peak period the opposite pattern occurs with the office building generating outbound traffic and a residential building generating inbound traffic patterns.

Peak Hour Vehicle Trips

Land Use AM Peak Hour PM Peak Hour Proposed development 49 87 Existing development 61 61 (12) 26


The internal street and alley network will function as a local street network. The cumulative addition of the Fairmont site traffic to the internal network will result in the addition of approximately one to two cars per minute. Due to the relatively short block lengths, vehicular speeds will be low. As previously described there are many options for residents to access to and from the site. Once all of the construction is completed, most drivers on the internal network will use it on a daily basis, meaning there will be minimal confusion and little need for wayfinding. If for some reason one portion of a street or alley is blocked, the interconnectivity of the site will allow for continuous access to the various facilities from other directions. Representatives of the neighboring properties have suggested a number of changes to the internal traffic distribution network to address perceived vehicle conflicts. Detailed responses to the specific questions are provided later in the report under the DISCUSSION section. Streets and Sidewalks: Fairfax Drive: Adjacent to the site, Fairfax Drive varies from 82 to 94 feet in width from face of curb to face of curb. The street cross section is proposed to be narrowed slightly by two feet from 94 to 92 feet. The existing travel lanes will be narrowed from 11 and 12 feet in width to 10 and 11 feet wide. The median will also be widened from four to seven feet in width. This variation in width is needed to align with existing curbs on neighboring properties. The proposed street section includes, in the westbound direction, a 5-foot wide bike lane, an 8-foot wide parking lane, two 11-foot wide travel lanes, and a 10-foot wide left turn lane. The eastbound lanes include an 8-foot wide parking lane, a 5-foot wide bike lane, and a 10 and an 11-foot wide travel lane. Near the intersection of North Vermont Street, the median narrows to 4 feet wide and widens to 13 feet wide towards the east. With the design and construction of the proposed traffic signal at this intersection, the intersection will be redesigned with such improvements as a wider median to create a better pedestrian refuge.

The Fairfax Drive frontage of the site consists of a minimum 24-foot wide streetscape section, including 5-foot wide by 12-foot long tree pits located adjacent to the back of curb and double-globe “Carlyle” street lights. North Vermont Street: North Vermont Street measures 26 feet wide from face of curb to face of curb. The proposed street section will be widened to 29.5 feet to accommodate on-street parking. The proposed street section includes two 10-foot wide travel lanes and an 8-foot wide parking lane adjacent to the property. The applicant is requesting that the County vacate most of the remaining area of public street. This is consistent with the southern portion of this block which has already been vacated. Staff recommends that, as is provided in Condition #70, the County retain easements for public use of and access to the street and sidewalk. The applicant has proposed to continue and extend the existing streetscape plan for the Arlington Gateway site with the incorporation of the Fairmont site into the site plan. North Vermont Street would be constructed with unit pavers to match the existing section to the south.

The Vermont Street frontage of the site consists of a minimum 16-foot wide streetscape section,


including 5-foot wide by 12-foot long tree pits located adjacent to the back of curb and single-globe “Carlyle” street lights. Vermont Alley: The Vermont Alley frontage of the site consists of an 11-foot wide sidewalk adjacent to the back of curb for the section located between Vermont Street and the loading dock and a 6-foot wide sidewalk adjacent to the back of curb east of the loading dock to the Fairfax Alley. Landscaping adjacent to the Vermont alley frontage is proposed to be located between the building and the back of sidewalk to maximize the landscaping area provided behind the sidewalk.

Fairfax Alley: The Fairfax Alley frontage of the site consists of a minimum 6-foot wide sidewalk that carries around the corner of the building from the Vermont Alley frontage and widens to a minimum 8-foot wide sidewalk to Fairfax Drive. Landscaping is proposed to be consolidated and provided adjacent to the east side of the travelway adjacent to the Ellipse property line.

Staff recommends, and the applicant has agreed, that the applicant will provide and maintain Carlyle light fixtures adjacent to the Fairfax and Vermont Alley frontages of the site, as well as adjacent to the interior driveway frontages of the site, for security and safety of the residents and public, as stated in Condition #27. Several traffic calming and streetscape design elements are proposed to further enhance pedestrian safety and circulation around and through the site. The sidewalk crossings of driveways and the parking garage entrance and loading areas are proposed to be continuous, uninterrupted and at the same grade as the sidewalk, eliminating the need for curb ramps. Speed humps and bumps are also proposed to significantly lower traffic speeds and discourage cut-through traffic. A raised crosswalk is proposed (subject to the Continental Condominium’s approval) to be provided across Vermont Alley linking the Continental’s pedestrian exit across the alley with the sidewalk located on the north side. Several traffic calming features are also proposed on Fairfax Alley adjacent to the east side of the Continental. A triple speed bump is proposed to be constructed at the northeast corner of the Continental to significantly lower travel speeds at the point where the Continental Alley meets traffic exiting the Continental’s garage. In addition, the applicant has also agreed to construct a traffic control/warning signal and gate arm which would stop Continental Alley traffic when the Continental’s garage exit door is opening or open (subject to the Continental’s approval). Internal Access Drives: Internal access drive/Vermont Alley: The existing internal access drive located between the proposed building and the Continental Condominium to its south, is proposed to be approximately 23 feet wide. A sidewalk is proposed along the length of this drive adjacent to the project, measuring 11.5 feet wide west of the proposed loading dock and six feet wide east of, and crossing, the loading dock. Staff has also discussed with the Continental a proposal to construct and extend a sidewalk on the south side of the alley adjacent to the Continental’s northern building wall. Continental representatives were concerned with the loss of


approximately 5 to 6 parking spaces that they do not want to lose, since the building has no visitor parking spaces in its garage. Residents of the Continental are also concerned about vehicular impacts further worsening their ability to access their parking garage. The narrow width of their garage door requires average sized vehicles to make a wide turn when approaching the entrance from the west. Vermont Alley intersects Fairfax Alley at a right angle. The residents have suggested that Vermont Alley be angled to the northeast at its intersection with Fairfax Alley which would provide additional offset from the garage door to improve their access. The applicant does not object to the realignment. In Condition #17.c, the applicant agrees to realignVermont Alley at Fairfax Alley to improve the turning movement to the Continental garage. Shared access service drive/ Continental Alley/Fairfax Alley: The internal shared access service drive, located along the eastern property line, currently exists between Fairfax Drive and the Continental Condominium (called Continental Alley adjacent to the Continental, and Fairfax Alley adjacent to the Fairmont Building). The existing parking on the paved area adjacent to Fairfax Alley is proposed to be removed and landscaped along the eastern edge of the Arlington Gateway site plan. This portion of the shared access service drive is proposed to be 23 feet wide and would have two-way operation. The Continental Condominium owners association disputes the right of other owners in the Arlington Ga e the portions of the shared access service drive that are owned by the condominium, while the applicant asserts that provisions were made for all owners to have a right to access all driveways within the site plan. This issue involves private easements and agreements, and therefore will need to be resolved by these private parties. Actual construction of the project, if it is approved, may be required to wait until after its resolution. If access is not allowed, the applicant would need approval of a site plan amendment for a building with relocated access in order to proceed with construction. This site plan amendment can be approved, but as any other site plan, will be subject to the applicant demonstrating or obtaining any necessary private property rights to allow it to build the project. Public Transit

teway site plan to us

: Metrorail service is available approximately 990 feet from the site at the Ballston-MU Metro Station. In the future, access to this station will be available directly adjacent to the site as part of the County’s “Ballston – MU Western Entrance Project.” The applicant, which previously constructed an escalator wellway for this project in the northeast corner of the Gateway office building at the corner of North Fairfax Drive and North Vermont Street, has agreed in concept to contribute to the design and construction of a portion of the passageway to the western part of the station, as described below. Ballston-MU est Entrance Project: Station W Arlington County, in conjunction with the Washington Metropolitan Area Transit Authority (WMATA), desires to advance the completion of design and construction of the Ballston-MU Station Western Entrance Project (referred to jointly as the "West Entrance Project"). The concept plan for the West Entrance Project consists of the design and construction of the following component features, which are illustrated in


Attachment A at the end of this report:

1. Entrance escalators and stairs on the southwest corner of the intersection of Fairfax Drive and Vermont Street (construction of the wellway has been completed)

2. Underground entrance mezzanine and payment area 3. Underground mezzanine passageways:

a. Mezzanine passageway from entrance escalators/stairs to demarcation line at beginning of curve

b. Mezzanine passageway from demarcation line to west service room exterior wall of the train tunnel

4. New ancillary rooms supporting station operations including communications room, fire equipment; electrical room, and cleaner's room

5. Two (2) elevators from the surface street level to the underground mezzanine passageway, and related mechanical room

6. A new common mezzanine in the train room at the west end of the train tunnel 7. New mechanical room outside of the west end of the station 8. Modifications to the existing mechanical area and ventilation chases 9. Two (2) new stairways, one from each side of the train platform, to the new

common mezzanine 10. Two (2) station elevators, one from each side of the train platform, to the new

common mezzanine The applicant has agreed to partially design the total project and to construct a portion of the project covering numbers 2, 3a, 4, and 5 above. The passageway described in #3a is the tunnel that would run adjacent to underground garage of the proposed building along Fairfax Drive. The County would then take over the project from the point at which the tunnel turns away from the subject site to cross northward under Fairfax Drive. The applicant’s commitment is detailed in Conditions #76 and #77. Significant savings are expected to be realized by the County from having this work done as part of the proposed site plan project, and because density in the project will pay part of the cost for the work, offsetting the County’s funding obligation. Since it is possible that construction delays related to the metro improvement project would occur and be beyond the developer’s control, the developer has requested that the County Manager be able to slightly modify the manner of compliance with site plan condition, such as by extending timelines and making minor adjustments to locations. Staff supports this concept, provided the applicant demonstrates that such modifications are required due to extraordinary considerations beyond the developer’s control and if the County Manager finds that such modifications are consistent with the purpose and intent of site plan approval. Condition #86 sets forth this permission. Curbside Traffic Management Plan for the West Entrance of Ballston-MU Metrorail Station

: The west entrance to Ballston-MU Metrorail Station will be primarily a pedestrian access point. This entrance will not serve as a major bus transfer location. The bus transfer location for


Ballston-MU Station will continue to remain at the eastern entrance located at North Stuart Street and North Fairfax Drive. The taxi stand will remain on North Randolph Street. Some Metro users of the west entrance will be dropped off and picked up by private autos so designated spaces are desired along the curbside of Fairfax Drive for kiss-and-ride. Curbside drop-off/pick-up spaces should be located on the right side of the road to discharge passengers at the curb, away from through traffic, and designed to proceed in an orderly manner. The spaces should have direct visual connection with the station entrance, where a driver waiting in an automobile can quickly locate their passenger exiting the station. These spaces should be clearly signed and enforced. Curbside space will also be needed near the west entrance for accessible crosswalks, handicapped parking, a stop for public buses and private shuttles, and some metered parking. A regular bus stop exists today on both sides of Fairfax Drive between North Utah Street and North Vermont Street to accommodate Metrobus and ART routes. The need for this bus stop will continue after the redevelopment of the Fairmont Building, but the stop on the south side of

e should be moved east along the block closer to the corner of the Ellipse driveway construct a bus nub at this stop location which will also

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Fairfax Driventrance. The applicant has agreed toinclude a bus shelter by the County. To address the anticipated needs for access to the west entrance, staff proposes to implement tfollowing curbside management plan when the west entrance is open for public use.

1. Five short-term metered parking spaces on the east side of North Vermont Street. Thiwould be implemented with the proposed building before the west entrance is open.

2. Three (3) curbside parking spaces for Metro drop-off / pick-up located on each side of Fairfax Drive; spaces will be signed as Metro drop-off/pick-up only and possibly metered for short-term waiting; two (2) of the three (3) spaces on the south side should remaindesignated Metro drop-off/pick-up all day weekdays and possibly on weekends; the othspaces can be used for loading/unloading deliveries or metered parking during the off-peak periods depending on need after the new Fairmont building is occupied;

3. One handicapped metered parking space on the south side of Fairfax Drive closest to the Metro elevators;

4. A public bus stop on the south side of Fairfax Drive located near the Ellipse driveway entrance and constructed with a bus nub;

5. A designated bus stop for private shuttles, specifically the Marymont University shuttle, on the south side of Fairfax Drive between Fairfax Alley and North Vermont Street;

6. Signs on North Vermont Street and Fairfax Alley that read “no standing, no kiss & ride”; and

7. Police enforcement during the evening rush period, approximately 4-7 PM. Bus Transportation: The Ballston - MU Metrorail Station is also a major bus node providing service throughout northern Virginia. Routes serving the station area include: Route #1 (WilsoBoulevard - Fairfax Line), Route #2 (Washington Boulevard Line), Route #10 (Alexandria -

n


2, 53, 62 and 75.

Arlington Line), Route #22 (Barcroft - South Fairlington Line), Route #23 (McLean - Crystal City Line), Route #24 (Ballston - Pentagon Line), Route #25 (Ballston -Bradlee-Pentagon Line, Landmark - Ballston Line), and Route #38 (Ballston - Farragut Square Line). In addition, several Arlington Transit lines provide service to the station, including ART lines #51, 5 Bicycle Transportation: An on-street bicycle lane is signed along North Fairfax Drive, whichprovides many connections to metro, schools, businesses, parks and recreation facilities, and provides a connection to the Custis Trail – an off-street bicycle trail.

Transportation Demand Management (TDM) Program: Consistent with site plan development and the County’s adopted TDM Policy, staff recommends that the developer implement a TDM Plan to encourage reduced single occupancy vehicle (SOV) trips to and from the site. Staff recommends, and the applicant agrees, that the applicant implement the TDM strategies that are briefly summarized below and referenced in Condition #48:

• Provide a Transportation Kiosk in the residential lobby. • Maintain an on-site business center for residents who wish to telecommute.

ncluding a schematic drawing depicting an area

• Distribute transit information, including a new resident package, to include site specific transit-related information.

• Provide a parking management plan iparking 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: Adequate water and sanitary sewer capacity is available to serve the proposed development. The developer will be required to comply with the new Chesapeake Bay Preservation Ordinance and the Plan of Development requirements, including a Resource Protection Area Delineation (the site is not located in an RPA), a Landscape Conservation Plan, a Stormwater Management Plan, and an Erosion and Sediment Control Plan. DISCUSSION: Zoning and General Land Use Plan: The proposed site plan amendment is consistent with the site’s “Coordinated Mixed-Use Development District” designation on the General Land Use

lan, as well as the existing “C-O-A” zoning district. The sites of the Arlington Gateway site Pplan and the adjacent Ellipse site plan were planned for mixed use development and for the highest densities in Arlington outside of Rosslyn. The Arlington Gateway site plan to date has developed consistent with this vision for this portion of Ballston, with a mix of office, residential, hotel, and retail uses, and the approximately 6 FAR density envisioned adjacent to the Ballston Metro station. A second, western, entrance to the Ballston metro station has long been planned for this location to service the development at this end of Ballston and the lower density neighborhood to the west. Since the expected location of the new tunnel connecting the


tro

e

.

ulls Eye” pattern, which locates the area’s tallest and densest buildings bove or adjacent to the metro station entrance itself, and then have surrounding sites taper

,

ard in

he subject site, and in the area in general, include the ision of Ballston as a new downtown in central Arlington, through redevelopment with the

l,

ce s

ing

posed

esign and Site Layout: The proposed new building would have a façade mostly of steel and

rlington. and gs,

ground level metro station entrance to the existing platform would be along or under the Fairmont Building site, staff encouraged the applicant to incorporate the portion of the meimprovements abutting the subject site into the proposed project. Staff supports the change in use from the existing office building to residential. The subject site can only yield a building with a relatively small, approximately 14,000 square foot, footprint, since significant portions of the site must be used for the wide sidewalks on North Fairfax Drivand Vermont Street. This, along with the fact that office buildings are more marketable on a corner site, would result in the subject site not being attractive for a Class A office buildingResidential use is more appropriate in this location. Arlington’s planning policies for the metro station areas along the Rosslyn-Ballston Corridor have included the “Babuilding heights to transition to the existing low density neighborhoods surrounding the station areas. Also, every metro station in the Rosslyn-Ballston Corridor has at least one building above, or adjacent to, the metro station that has been granted additional density, height, or bothfor providing significant improvements toward the metro station or entrance, consistent with County policies. This project will provide such improvements. Therefore, the requested additional density, as well as the requested additional height, is consistent with past County policy. The specific requests are discussed in the Modifications of Use Regulations section of this report. Adopted Plans and Policies: The Ballston Sector Plan was adopted by the County BoMay 1980. It was the first, and least detailed, of the sector plans in the Rosslyn-Ballston Corridor and this 25 year old plan has not yet been updated. Relevant goals and recommendations for redevelopment on tvhighest densities and heights near the Ballston Metro station, an active and attractive street leveground floor retail, and implementation of the North Fairfax Drive boulevard concept with wide sidewalks, outdoor seating, and a street median. Public transportation was a major goal, sinthe Metro system was new at that time, and the western entrance was not yet part of the County’plans. However, today, with additional development in Ballston, development of a second, western Metro entrance is a major County goal. Since the proposed pedestrian tunnel connectionruns adjacent to the proposed project, and the developer can build it more economically durconstruction of the proposed project than any other entity can, staff recommends the proimprovements as the exclusive significant community amenity to be provided as part of this project. Dglass. While these materials have been used in the office buildings that are part of the Arlington Gateway site plan, these materials are less commonly used in residential buildings in AThe materials, along with the hexagonal shape of the proposed tower, would create a striking unique design in Ballston. The developer has used similar materials for the two office buildin


al

ilding efferson

ady approved driveways surrounding three sides of e site, and Arlington County’s policy of a 24 foot wide sidewalk on North Fairfax Drive, there

g

s have been raised either in staff or public review of the proposed project. Density and Height

which are located on North Fairfax Drive, along with the proposed building. The residentinature of the building and the different shape, with a residential building’s more slender profile, will provide variation between the office and residential uses. In addition, the proposed buwill provide a significant variation from the brick residential buildings, including the Jand the Continental, that are more typical in Ballston and the rest of the County. The subject site is small, and between the alrethis not much flexibility in the proposed building’s footprint. However, the applicant is using this site plan amendment as an opportunity to make some improvements in the already approved siteplan surrounding the subject site. The proposed design reduces pavement substantially, movinnearly all surface parking underground, except for a small number of retail and visitor spaces. The driveways would be narrowed and landscaping increased, in order to reduce the sterileappearance of this portion of the Arlington Gateway site plan. Issues: A number of issue

: As discussed above, n, the area in the heart of Ballston designated as “Coordinated Mixed-Use Development District” and zoned “C-O-A” provides for the greatest heights and densities in the County, at 6.0 FAR with consolidation of large sites, which has been done at the Arlington Gateway site, as well as the Ellipse site to its immediate ast. In addition, County policy has resulted in additional height at or near each metro station ntrance from Rosslyn to Ballston. Due to the planned western entrance to the Ballston Metro

ject orridor.

rter

al uildings, and second, that office buildings are more marketable when they are located on a

s station.

outside of Rossly

eestation, which would have an elevator entrance at the corner of the proposed building, the subsite is appropriate as one of the handful of “bulls-eye” sites along the Rosslyn-Ballston CRepresentatives of properties on or adjacent to the Arlington Gateway site have suggested that anew building at the subject site be no taller than the Arlington Gateway office building immediately to the west of the subject site, citing the pattern within the Arlington Gateway andEllipse site plans of having the tallest building in the center of the site surrounded by shobuildings. However, this “pattern” is an artifact of two related circumstances, first, that the “C-O-A” zoning district permits greater heights for residential buildings than for commercibmajor street rather than in the interior of a site. These two elements have worked together to produce the “pattern” seen in the two site plans. In general, however, the “C-O-A” district hadeveloped with the tallest building heights on Fairfax Drive and closest to the metro Transportation Issues: Representatives of neighboring properties have suggested a number of

al and

changes to the approved Arlington Gateway site plan, as well as to access points to the proposed building. These include: 1. Move the Fairmont parking garage entrance to North Vermont Street, or

secondarily, to the internal access drive (Vermont Alley—between ContinentFairmont buildings). Staff Response: Moving the garage entrance to North Vermont


orth

t before

em to back up as well, potentially into the intersection. In addition, retail space would be lost along North

ant could locate the garage entrance to the rear of the building, facing the Continental. The applicant has prepared two options for a rear garage

ver to

ge

of these changes would be: 1) A slightly reduced parking ratio, but still above the one space per unit that the

ar th no loss of retail frontage; and 3) A slight increase in the

building envelope of no more than an inch or two in any direction to recapture the lost

osed

ion

Change

Street would result in increased traffic congestion along the northern portion of NVermont Street, particularly during the evening, when office users would queue along northbound North Vermont Street at the traffic light while Fairmont residents are returning and waiting to turn into the garage from North Vermont Street. These Fairmonresidents could be required to wait for queued cars to clear North Vermont Streetbeing able to make the turn, and could cause vehicles behind th

Vermont Street. Staff does not support this change of entrance location.

Alternatively, the applic

entrance. However, one option, for an entrance at the southwest corner of the building, which the applicant has called “Option B”, would require a difficult turning maneuexit the garage, to turn northbound on North Vermont Street, and would eliminate a significant amount of retail frontage on North Vermont Street. Staff does not support this location. The other option, which the applicant has called “Option A”, shows the garaentrance more centrally located on the rear (south site) of the building. Under Option A, for which a ground level plan is attached to this report, 12 parking spaces would be lost, as well as 1,552 square feet of retail space, due to the reduced efficiency of the ramp design in this location. The consequence

County Board can approve for residential site plans; 2) A reduction in retail space from 8,640 square feet to 7, 088 square feet, although the actual space lost would be in the reof the ground floor, wi

retail density as residential, with no increase in residential units. The following table summarizes the changes in project statistics between the developer’s proposal and Option A.

Prop Opt

A

Total

244,398

244,3

0

GFA

s.f.

98 s.f.

nt

235,7 237, 1,552 R

eside

58 s.f

.

310 s.f.

s.f.

ial GFA

Retail

8,640 s.f

.

7,088 s.f.

G

(1,552 s.f.)

FA

Tot

al P

289 sp.

277 sp

(1

a .

2 sp.)

rking

R

269 sp.

263 s

(6

e

l

p.s

p.)si

dentia

7 sp. 4 R s

(3 s.et

ail

p. p)

6 sp. 6 0Visitor

sp.

Contin

7 sp. (4 surfa

4 s

p. (s

(3)

ental

ce, 3

garage

)

urfac

e)11

11

Park

in

g Ratio

Residential

1.14 sp./u

nit

1.11 s

p./uni

t

(0.03 s

p./unit)


(1 s

f.

Retail

1 sp./520 s.f

.

1 s

p./522 s.f.

p./2 s.

)

A comparison of garage entrance locations on the three sides of the proposed buildingterms of traffic and circulation impacts, as well as on the above statistics, is provided in the following table. Staff’s conclusion is that the proposed entrance on the east side othe building (Fairfax Alley) has the fewest negative impacts. However, the applicantOption A location on the south side of the building (Vermont Alley) is acceptable, because the potential pedestrian and vehicle conflicts are not appreciably changed, the reduction in parking still falls within limits approved for other site plans and is particularly appropriate for a location over a metro station, the loss of retail is in the rear of the building and does not affect retail frontage, and the increase in building bulk to recapture the lost retail GFA as residential space would be negligible.

Traffic Circ

, in

f ’s

ulation

A Disa

Pedes

h

hi

eh

le Confli

Comments

dvantages

trian to Ve

icle & Ve

cle to V

ic

Relatively direct access both to and from the site from eastbound Fairfax Drive. Distributes traffic volumes to the alley away from the Metro elevators and

To and from westbound Fairfax Drive, less direct and requires either a u-turn at Vermont Street (inbound) and Utah Street (outbound) or a more circuitous route using the Vermont Street and alley.

Minimal vehi

escalator. cl

c

es

ian to ve

e to vehi

le or ped

tr

h

his is the most efficeconomrespect to maximizing contiguous retail square footage and garage dcapacity and cos

ient and ical location with

esign, t.

Relatively direct access both to and from the site from eastbound and westbound Fairfax Drive.

The loss of some ground floor retail space, including retail frontage. Increases traffic volumes near the Metro elevators and escalator.

Pedestrian t

e

nflicts ar

o vehicl

co

n the evening peak hour vehicle queue will exto and block access garage entrance, creatingridlock situation in southbound Vermont St. that will back Fairfax Drive.

the tend

into the g a

up into

imilar access characteristics to the Vermont Street access above with an additional turn to the alley.

oss of 12 parking spaces and 1,552 s.f. of retail.

creases traffic volumes near the Metro elevators and escalator.

edestrian to vehicle conflicts are highest at this location with pedestrians walking between the hotel and the Continental to and from the Metro elevators and escalator.

his location has inefficient

f

und

cost be al

residential.

ramp design and circulation, requiring apartial sixth level oparking or loss of 12spaces. Loss of grofloor retail space, with to applicant, which can recaptured with addition


cts

uld

number of access points would reduce circulation problems associated with unusual congestion or blockage at any

tal to rive.

ley

airfax Drive and North Vermont Street to improve vehicle traffic ingress and egress to and from the site, as well

ff

his velopment at a metro station does not generate a large

amount of peak hour traffic, with estimates for the new building of approximately one car perevenin at of the Con ld not result in any significant conflicts between the two buildings.

The the driveway were closed, more green space would be achiev ed for maneuvering of trucks uilding loading docks would take up a si , leaving a relatively small area th hat the benefits to be t recomm In an e he applicant has offered to construct a planec . However, the ram d permit the ram planted the Continental agrees to that structure.

2. Close the internal access drive (Vermont Alley) between the Continental condominium and the proposed building. Staff Response: This access drive conneNorth Vermont Street and the shared access service drive along the eastern edge of the Arlington Gateway site plan (continental/Fairfax Alleys). While the proposal wosegregate the Continental’s traffic and hotel truck traffic from all other traffic on the site (all other hotel vehicles, buses, office building traffic, and Fairmont Building traffic), staff does not support this action. First, the site plan provides four points of access for the project as a whole, one of which is designed to be used primarily for hotel truck and emergency vehicle ingress. Maintaining access to the largest

point. Closing Vermont Alley would reduce primary access points for the Continenonly one, with right in/right out only, onto a mid-block location on North Fairfax DSecondary access would also be available from the shared access service drive (Continental Alley) to Vermont Alley but would require a very tight u-turn from the alinto the garage entrance around a barrier that the Continental has requested to segregate Continental Alley traffic from Continental garage traffic. In addition, staff recommends that a traffic signal be installed at the intersection of North F

as pedestrian safety crossing Fairfax Drive to the new metro station entrance. Stasupports keeping the access drive open to permit Continental residents to access North Fairfax Drive at this signalized intersection if they wish to do so, and to permit direct access to the site from westbound North Fairfax Drive. In addition, closing Vermont Alley would force the vast majority of the traffic to use two access points, including tintersection. Since residential de

minute in the morning peak hour and approximately 1.5 cars per minute in the g peak hour, keeping the Fairmont building’s parking garage access near thtinental wou

related point made by the neighbors, that if able, would be tempered by the fact that pavement need both to the Continental and the Fairmont b

gnificant portion of the span between the two loading docksat could be used for plantings. Staff believes t

gained by closing the driveway would be outweighed by the detriments and does noend that the driveway be closed.

ffort to maximize the amount of green area, tnted cover on top of the garage ramp. This would provide some visual relief to the essary pavement for residents on the north side of the Continentalp is legally on land owned by the Continental, with an easement that woulp use but not the cover. Condition #83 provides for the applicant to construct the

ramp cover provided


3. Remaccess he eastern edge of the Arlington Gateway site can turn left into and out of the access drive. Staff Response: This access drive is located just

ould be available from the site at North Vermont Street.

would physically prevent vehicles from moving fast enough to be a potential hazard. Staff supports adding traffic calming features to effectively cause

fic

l). However, staff does not support putting such a device solely under the control of the Continental or

rth

ite and regarding the potential difficulty in preventing buses from idling in these spaces, creating noise and fumes that could negatively affect the Continental’s

er locations

to

lel surface spaces in the northeast corner of the site and increase landscaping and sidewalks along the driveway to North Fairfax Drive. The

ove a portion of the North Fairfax Drive median so that users of the shared service drive along t

west of North Utah Street and the entrance to the Ellipse site plan and east of the intersection with North Vermont Street, which will be signalized and will be the locationof the new metro station entrance. The major intersection of North Fairfax Drive and North Glebe Road is only one short block further to the west. Permitting left turns into and out of a driveway at the requested location would worsen an already congested trafficsituation along North Fairfax Drive and would reduce the safety of motorists attempting to make the turn, since the median is not wide enough to be a refuge for a car in mid-turn. Staff does not support this request, particularly since signalized left turns w

4. Block traffic moving northbound on the shared access service drive along the

eastern edge of the site at the northeast corner of the Continental with a device solely under the Continental’s control. Staff Response: Staff and the applicant have discussed potential conflicts at this point, where northbound traffic from the Continental’s garage would meet northbound truck traffic from the hotel at what isessentially a blind corner. The applicant has suggested a succession of speed bumps oranother device that

vehicles to slow nearly to a stop before entering the area where traffic is shared with other uses, including the Continental. The applicant has agreed to construct a median/channelization structure, three speed bumps in the alley, and to install a trafsignal/warning device with a gate arm that would be coordinated with the Continental’s exit garage door to stop alley traffic (subject to the Continental’s approva

installing a device that could be used to prevent traffic from this driveway to exit at NoFairfax Drive.

5. Eliminate the approved hotel bus parking spaces. Staff Response: The 1999 site plan

amendment included two hotel bus parking spaces adjacent to the east side of the Continental. Due to concerns regarding the width of the driveway along the eastern edge of the site plan s

residents, staff recommends that buses from the hotel be accommodated at othwithin Ballston. Staff recommends a revision in Condition #57 of the 1999 Arlington Gateway site plan amendment, and the applicant agrees, to remove the requirement for the bus parking on site.

6. Eliminate surface parking for the Fairmont Building. Staff Response: The neighbors

recommend eliminating all surface parking for the Fairmont. The applicant had agreed eliminate four proposed paral


of the Continental. In Condition #84, the developer has agreed to place these spaces under the

g, s

.

ntinental.

sidewalk and also along the eastern edge of Fairfax Alley, as were

ing spaces. 7. ite

from North Glebe Road adjacent to the hotel and the condominium. Egress from drive

through the Ellipse driveway and accessing Fairfax Drive, or through the parking garage

e safety concerns of the entrance location with either Wilson Boulevard or Glebe Road traffic. Unfortunately, the fixed locations of the Arlington Gateway hotel

ntly t possible north of the

Wilson Boulevard intersection.

remaining spaces that are currently under control of the Fairmont Building that are not proposed to be eliminated consist of three to four spaces along the north edge

Continental’s control. The Continental also has three parking spaces along the north edge of its building. The County Board’s guidance, at its November 29, 2005 meetinincluded making all sides of all buildings pedestrian friendly. Constructing a continuousidewalk along the north side of the Continental would result in the loss of these parking spaces, which the Continental does not want unless these spaces are replaced elsewhereA row of parallel surface parking spaces could be added along either the east or west side of Fairfax Alley (up to four spaces). It could be possible to relocate these spaces to parallel spaces along the edge of a new sidewalk along the north side of the CoThe applicant is producing drawings showing a new sidewalk with parallel parking spaces along this shown previously. Staff supports this concept, but the Continental would need to approve this relocation of the existing park

Permit two-way traffic east of the hotel. Staff Response: The Arlington Gateway splan was approved with one-way northbound traffic flow along the shared access service drivethe parking garage is available by either traveling northbound on the service

to the North Taylor Street garage entrance. The adjacent NRECA phase II office building property owners have requested that the shared access service drive allow for two-way travel adjacent to the hotel to improve access to Glebe Road. Allowing two-way traffic between NRECA and Glebe Road may have some benefit of reducing northbound traffic volumes to Fairfax Drive on the shared access service drive.

As requested, staff evaluated alternative driveway alignments that might eliminate or minimize th

(which is complete) and the second NRECA office building (under construction) limit any ability to realign the driveway. As shown below, the service drive, which is currelimited to entering traffic only, is located to the greatest exten

Shared Access Service Location


ave reserved rights to use

ployees are expected to arrive by mass

o he

e

The shared access service drive is a private driveway spanning the property line betweenthe Arlington Gateway and Ellipse site plans, with restricted easement rights for specific properties (or users) within specific segments of the service drive. For example, the NRECA and Arlington Gateway have easements to share the driveway on both sides of the property line. In fact, the two site plans were originally designed with two parallel driveways, and by site plan condition, they were permitted to share a single driveway upon obtaining reciprocal easements, as they have done. NRECA acquired easement rights from the Jefferson and the Ellipse to traverse their property in order to access Fairfax Drive at North Utah Street. Similarly, Arlington Gateway properties, including the hotel, and the Fairmont site (according to the applicant) hthe shared access service drive adjacent to the Continental (Continental Alley) to access Fairfax Drive at either North Vermont Street (via Vermont Alley) or straight ahead to Fairfax Drive (via Fairfax Alley). The service drive is still under construction and closed to traffic. The applicant’s transportation consultant estimates that the hotel would generate approximately five to nine delivery truck trips per day. Most hotel emtransit; however, some may be dropped off by shared-ride modes, such as car or vanpools. Tenants and visitors to the Arlington Gateway office building and visitors tthe hotel are not anticipated to use the service drive because of its indirect access to trespective parking garage entrances which are more readily accessed directly from NorthGlebe Road at Vermont Street. Residents of the Fairmont site might use the service drivwhen approaching the site from the south via Glebe Road or from the east or west via Wilson Boulevard. The applicant’s traffic consultant has estimated that a total of 20 vehicles generated by the hotel would use the driveway between the hotel and the NRECA II buildings during each of the am and pm peak hours.


originally opposed supporting two-way traffic flow on the shared access service drive because of conflicts with the hotel loading dock traffic operations and unsafe

s out raffic flow. To

ding

11 sidential units and placed the remaining three unit owners in parking spaces on the

surface. Staff does not support this arrangement and has recommended that the applicant

s f retail and

sidential storage, and hotel parking.

rn that,

three (3) stories, and/or dditional density, not to exceed .25 floor area ratio (F.A.R.) in an office structure, or ten (10)

on ed community facilities has been provided.” The applicant has proposed to increase the

verall density on the “C-O-A” portion of the site from its current 5.58 FAR to 6.05 FAR

Staff

turning movements at the Glebe Road driveway entrance. VDOT has informed staff that they would allow restricted two-way traffic flow limited to right turns in/right turnonly if the driveway was reconstructed to VDOT standards for two–way tmeet State standards the driveway would need to be widened from its existing 20-foot width to approximately 30 feet wide from the entrance at Glebe Road north to the loadock. The applicant has agreed (Condition #88) to cooperate with NRECA to widen the shared access service drive for two-way traffic flow and to grant the additional right of way to NRECA necessary to widen the driveway. NRECA would be required to amendits site plan and specifically Condition #54 to allow two-way traffic on the shared access service drive.

8. Place all Continental resident parking spaces underground. Staff Response: The Continental was approved with one direct access parking space per unit. The applicant built the Continental’s garage to accommodate 408 direct access parking spaces for 4re

find convenient below grade parking spaces for these three unit owners. The applicant isworking with the office and hotel owners and lenders to restore 411 parking spaces to the Continental’s control from within the shared garage under the three buildings. If that effort is not successful, the applicant will provide these parking spaces in the rear of the proposed building’s first underground level with access to the surface at a point closest to the Continental’s entrance. This commitment is described in Condition #79 for the proposed building.

Modification of Use Regulations: The applicant has requested modifications of use regulationfor additional density and height, landscaped open space requirement, exclusion ore Additional Density and Height: In the “C-O-A” zoning district, density is calculated over the entire site, rather than over “allocated site area”. The maximum office and retail density permitted by site plan is 3.0 FAR for sites of 80,000 square feet or more, and the total site plan density, including residential and hotel, is 6.0 FAR. The applicant has requested additional height and density for the provision of substantial improvements toward providing a new westeentrance for the Ballston Metro Station. Section 36.H.5.d of the zoning ordinance provides “the County Board may permit additional height, not to exceedapercent in a motel or apartment structure, providing the County Board judges that a contributito requirooverall, which represents 8.54% of additional density over each of the following: the approvedGFA of the Gateway office, Gateway hotel, the Regent office building, and 6.0 FAR on the


r

he has

re ont

t nt,

gainst the actual costs of the metro improvements being higher or lower than currently

ty the option of revising or canceling the applicant’s portion of the roject depending on the actual cost, and provide for a minimum financial commitment by the

In additiorevenubuildin Since t ment the appadditiowould design additio or

commended community facilities, such as the metro stations or public plazas, and result in the taperin t Arlingt not announapproxwhich e feet of plans rof the l l density and height.

Fairmont site area requested to be added to the Arlington Gateway site plan, including the proposed portions of North Vermont Street to be vacated. In order to design an attractive residential building with the characteristic additional height that has been approved over or neaall metro stations in the Rosslyn-Ballston Corridor, the applicant has requested an additional three stories and 30 feet of height for a total building height of 246 feet, which is the maximum permitted by site plan, with modification of use regulations for height, in the “C-O-A” zoning district. Other districts, in contrast, permit up to six stories/60 feet of additional height. The applicant has agreed to provide substantial improvements toward a much needed western entrance to the Ballston Metro Station entrance to justify the request for additional density. Tcost of the portion of the metro improvement project that the applicant has agreed to provide been estimated, with independent verification, to be $13,433,270. The County has determinedthat the value of the proposed bonus density, plus the total value of other contributions that acommonly included in site plan approvals, plus compensation for the vacation of North VermStreet, equal $10,866,253. The developer agrees to pay the County, at a minimum, this amountoward the metro improvement project. For protection, both to the County and to the applicaaestimated, staff has proposed, and the applicant has agreed, to site plan Condition #77, which sets out the process by which the total actual cost of the metro improvements would be determined, give the Counpapplicant of $10,866,253, regardless of the outcome of the metro improvement project.

n, Condition #77 includes a provision for the applicant to pay the County 1/3 of its e from residential unit sales in excess of $625 per square foot averaged over the entire g.

he Zoning Ordinance provides for additional density for the type of public improvelicant has agreed to construct, staff supports the additional density request. While this nal density could be accommodated within the base site plan height of 216 feet, the result be a boxier building with less architectural interest. The additional height permits the to include a more elegant, slender tower. It would also perpetuate the pattern of nal height at metro station entrances for projects that contribute to required

reg effect promoted around metro station entrances. Maintaining the height of the adjacenon Gateway office building would promote a less interesting street wall that wouldce the metro station below it. In addition, the scale of the proposed building, at imately 244,000 square feet, would be consistent with the scale of surrounding buildings, range from the 200,000 square feet of the Ellipse office building to the 411,000 squarthe Continental condominium. Other buildings in the Arlington Gateway and Ellipse site ange from approximately 250,000 to over 315,000 square feet. Staff supports the concept arger and taller building in this case and supports the request for additiona


Storagecalcula to the bulsite pla Landscstandaryield 7.below the 10% minimum, it is an increase over the current 5.71% landscaped area for the “C-O-A” portion of the Arlington Gateway site plan, because the site plan amendment would increase landscaping on portions of the site plan that ar ide the property lines of the Fairmont Building. Staff supports the modification of use regulations for landscaped area because the addition of the Fairmont building site to the Arlington Gateway site plan would increase the overall percentage of landscaped area of the Arlington Gateway site plan as a whole. Hotel Parking: The underg nd parking solutio r the Continental, a described above, would reduce the number of hotel rking spaces by up five, from 173 to a um of 168. This would reduce the hotel parking ratio slightly, from .51 spaces per room 0.50. Since the hotel is already approved to be all valet parking, and because the office build is providing overflow spaces as needed by the hotel, staff believes that the loss of up to five parking spaces would have a negligible impact and supports the change in parking ratio. COMMUNITY PROCESS: The applicants have attended four meetings of the Site Plan Review Committee, a meting of the Ballston-Virginia Square Civic Association, and a number of meetings at the Continental condominium and with the group of neighbors, called the Ballston Smart Growth Alliance, created to review and respond to this application. On November 2, 2005, the Transportation Commission voted to recommend that the County Board not act on the site plan request in November. The Planning Commission heard the proposal on November 9, 2005. The Planning Commission voted to approve a motion to advise the County Board that the Planning Commission supports the addition of property to SP #331 and supports the concept of additional height and density in exchange for portion of Met he motion included a recommendation that the site plan be referred back to the Transportation Commission for an examination of circulation, pedestrian and vehicular safety on the site, and to the Fiscal AffaiAdvisory Commission, with completed Conditions 76 and 77, for review, then back to the Planning Commission before being heard by the County Board. The Planning Commission also voted to recommend deferral of consideration of the accompanying request to vacate a portion of North Vermont Street. These actions amount to a recommendation to defer the site plan amendment request. On November 29, 2005, the County Board heard this site plan amend request. The Bovoted to defer the site plan amendment to its January 21, 2006 meeting and requested the following items:

1. A plan for Metro circulation, both pedestrian and vehicular, including buses, taxis, and

: The applicant has requested exclusion of storage in the garage from density tions. Staff supports the exclusion of storage below grade since it does not contribute k or height of a project and makes use of otherwise unusable space, consistent with other n approvals.

aped Area: The applicant has requested a modification of the 10% landscaped area d for by right development in the “C-O-A” zoning district. The proposed plans would 63% landscaped area for the portion of the site plan that is zoned “C-O-A”. While this is

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kiss & ride. Staff has included a proposed plan to address this item in the Public Transit section of this report.

2. The proposed curb lines superimposed on the existing curb lines, to show changes in

pavement/driveway widths. The applicant will provide this drawing in a separate document.

3. Analysis of the intersection improvement project at North Glebe Road and Fairfax Drive,

along with the driveway between the Arlington Gateway hotel and the NRECA phase 2 building to see if some configuration is compatible with two way traffic in this driveway. This discussion is included in item #7 of the Transportation Issues section of this report.

4. A projection of traffic volumes in Continental Alley. The applicant estimates that 20

northbound vehicle trips will occur, to serve the hotel, in the morning peak hour, and 20 trips in the evening peak hour. The applicant further estimates that five to nine trucks per day, out of the tota riveway. The remainder will be hotel employees.

5. Make all sides of all buildings pedestrian friendly. Since the North Vermont Street

streetscape is already designed for pedestrian friendliness, staff looked at ways to improve the pedestrian experience along the two sides of the Continental that do not already have continuous sidewalks and along the eastern and southern edges of the proposed Fairmont building, where sidewalks had previously been proposed. Sidewalk treatments can, or have been, revised as follows:

a. Continental Alley (adjacent to the Continental): a three ot wide walkway,

separated fr the driveway with bollards, is shown in the attached plans to be built along the building wall to provide safe access for any pedestrians who choose to use this alley. This would leave approximately 11 feet from the edge of the sidewal the retaining wall ng the Ellipse garage entrance for vehicles traveling along this alley.

b. Vermont Alley (adjacent to the Continental): As described above in item #6 of the Transportation Issues section of this report, a continuous sidewalk could be installed along the north side of the Continental. However, this would elimor significantly reduce the Continental’s convenience/visitor parking, which the Continental may not support. The applicant has agreed, however, to construct a raised crosswalk from the rear door of the Continental, across Vermont Alley to the sidewalk along the south edge of the Fairmont (see c. below). This would provide both a sidewalk level passage that would be continuous from the rear of the Continental to the proposed Metro elevators and a traffic calming measure in Vermont Alley.

c. Vermont Alley (adjacent to Fairm ): A continuous sidewalk is already planned for this location. The applicant has agreed to provide the sidewalk paving treatment across all driveway entrances, which includes the loading entrance to

l, will use this d

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k to alo

inate

ont

the building, as well as the garage entrance, if the County Board prefers this


location. T sidewalk has been designed to accommodate the shape of the property and location of the building footprint, in order to provide a straight path for pedestrians. Unless a jog is incorporated into this sidewalk, it cannot be widened to include trees.

d. Fairfax Alley: The alley could be ted to the east to accommodate a wider sidewalk than already planned, adjacent to the Fairmont for increased pedestrian friendliness. This sidewalk wouldbuilding’s garage entrance if the County Board chooses to approve the applicant’s proposed garage location. Alternatively, a sidewalk can be incorporated into the proposed landscaping along the east edge of the site. In dition, parallel park g can be added to either side of Fairfax Alley (but not both sides) to provide an additional buffer between pedestrians and traffic, as well as for short term

6.

a to

in concept, to construct a raised sidewalk across Fairfax Alley if a sidewalk is constructed along the east edge of the

7. Provide information on the western Ballston Metro entrance projec

project, and how, when, and at what cost the entrance is expected to be completed.

If the developer completes the Metro improve ent project as described in Conditions #76 and 77, the work remaining for the County/W ATA to complete the West Entrance will involve:

• Detailed design and engineering and construction on the rest of the passageway to the

train tunnel and the mezzanine in the train tunnel; and • Completion/fit out of the escalators, elevators, fare payment area, ancillary rooms,

mechanical rooms, passageway, tunnel mezzanine and stairs including communications, electrical, and security systems.

The cost to complete the remaining work, as described above, for the West Entrance is

roughly $40 million, in current dollars, subject to detailed design and engineering. The County currently has $7 million in federal secondary aid and $1,550,000 in Transit Infrastructure Improvement Funds (TIIF) and other federal and state grants. To cover the funding gap, the County can tap other funding sources including federal and state transit grants such as the Regional Surface Transportation Program (RSTP), future federal

he

shif

either be unbroken, or would cross the

ad in

convenience parking for the project.

Design traffic calming measures to slow down all traffic in the alleys.

a. Continental Alley: The applicant has agreed to provide a triple speed bump,gate arm, and a traffic signal to slow down all vehicles in Continental Alley andstop traffic while the Continental’s garage exit door is open.

b. Vermont Alley: The applicant has agreed to construct a raised crosswalk approximately in the center of this alley in order to slow down traffic.

c. Fairfax Alley: Staff is discussing, and the applicant has agreed

alley.

t, including scope of

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secondary aid allocations, bonds, and/or a service district in the Ballston area. Approval of this site plan amendment will allow the County to authorize construction by

JBG as early as this calendar year. Alternatively, if the County were to construct JBG’s portion of the project separately at a different time, an independent cost analysis by the County’s transit consultant estimates that the West Entrance project would cost the County as much as $10 million more than if JBG constructs it as pa of their project, due to:

• delay in start of construction of about 18 months if the project is not coordinated with

this site plan amendment; • increase in construction time of at least one year due to type of excavation and

underground utility relocation; • increased site preparation and excavation costs; and • additional cost of relocating underground utilities.

On January 5, 2005, the Transportation Commission heard this site plan amvoted unanimously to recommend approval of the site plan amendment, w ollowing items of guidance:

1. Support one traffic signal at Vermont Street and Fairfax Drive at this time, s dation;

2. quest; 3. c y, consistent with f

mendation4. between the Ga w

d in/right out turns on ; 5. pa lley, which staff does not object to; 6. oc ate, consistent with staff’s evaluation; 7. ble to angle the eastern portion of Vermont Alley to the northeast,

aff supports; 8. Add a condition for the applicant’s offer to the Ellipse o ice building for an

easement over its driveway remain open until issuance of the final certificate of occupancy for the new building; which is acceptable to staff and the applicant;

9. Add condition language to state that the applicant will cooperate in efforts to provide two way traffic in Fairfax Alley adjacent to the hotel; which staff supports;

10. Support staff’s recommended condition language regard g addition of speed bumps, signal, and gate arm at the north end of Continental Alley; and

11. Support the proposed building’s garage entrance location on Vermont Alley, as shown in the applicant’s “Option A”. This recommendation was supported by a vote of four in favor and three against.

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endment request and ith the f

consistent withSupport the VerDo not support recom

taff’s recommenmont St vacation relosing Vermont Alle;

ing subject to right ces along Fairfax Ak depth is adequ

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ay hotel and theSupport two way traffic in the drivewayNRECA II builAdd parking sThe loading dIt is acceptawhich st


On January 9, 2006, the Planning Commission heard the site plan amendm t and related Vermont Street vacation requests. The Planning Commission voted seven (7) in favor to four (4) against on a motion to support the staff recommendations for both items, and also to support the Transportation Commission guidance, with the sole exception of the gate arm at the northern end of Continental Alley, citing potential maintenance problems. The Commission’s recommendation included support of the southern garage entrance location, on Vermont Alley, by a vote of five (5) to four (4), with two (2) abstentions.

CONCLUSION: The applicant has requested to incorporate the site of an old, small office building into the Arlington Gateway site plan and construct a high-rise residential building. The Arlington Gateway site plan already surrounds the subject site on three sides, and the eventual redevelopment of the subject site as part of the Arlington Gateway site plan has long been contemplated. The proposal would fill one of the last remaining sites in B ston’s Coordinated Mixed-Use Development District between North Fairfax Drive and Wilson Boulevard. The major benefit proposed in conjunction with this site plan amendment would be substantial improvements toward a new western entrance for the Ballston Metro statio , a priority of the County. Staff has proposed, and the applicant has agreed, to site plan Condition #77 that sets out the process by which the total actual cost of the metro improvements woul be determined, give the County the option of revising or canceling the applicant’s portion of the project depending on the actual cost, and provide for a minimum financial commitment by the a t of $10,866,253, regardless of the outcome of the metro improvement project. The proposed building, with the requested additional density, provides a scale that is consistent with surrounding buildings and massing that provides visual interest, as well as announces the location of the planned new metro station entrance. The materials and design are in harmony with the adjacent Arlington Gateway office building while providing variation from the brick buildings typical of residential development in Arlington. For these reasons among others, the proposed site plan amendment would promote and protect the public health, safety, and welfare, and staff recomm e the site plan amenincorporate 4420 to Site Plan #331 an tresidential building with 237 units and 9,200 square et (revised to 8,640 .at that address, outdoor seating, with modifications of use regulations for landscaped open space requirement, dens clus d residential storage, and hosubject to the new conditions in the revised Condition # approved Arlington Gateway site p FISCAL IMPACT: The Metro entrance improvement project, as described in Conditions #76 and #77, for the Ballston-MU Metro Station West Entrance is estimated to cost the County approximately $2.7 million more than what will be offset by developer contribution of $10,866,253. In addition the County Board may need to appropriate the futhe Metro entrance improvement project prior to being repaid the amount of developer contribution. The source of the $13.6 million appropriation has not yet been identified. Finally in order to complete the West Entrance project, the total cost is estimated to be approximately $40 million after this portion of the western entrance is completed. All estimated costs of the project are subject to the WMATA approved final design and detailed engineering and the market

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ends that the CouNorth Fairfax Dr

ity, height, ex

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conditions at the time of construction. County staff is engaged in developing a multiple source funding plan to m e obligation of Condition #76 as well as complete the West Entrance. $7 million of federal secondary aid funds have already been identified and will be available to the County later this calendar year for the West Entrance project. A new entrance will improve access, egress, and safety for the growing number of users at the Ballston-MU Station. The County’s 1998 Ballston Metro Access Study projected a 62 % increase in patronage by 2010 due to planned development in the area. About one-third, or an estimated 14,500 weekday entries and exits, of the daily patronage will use the West Entrance. In addition the County can expect to accrue tax benefits of $1,181,936 annually from the new Fairmont building development in real estate taxes from 237 condo units and 8,640 sq. ft. of retail space. Absent the applicant’s development and public benefit contribution, the County may not have gotten the opportunity to build the entrance. To build this entrance on its own would cost the County an estimated $20 million more excluding financing costs. • Revised Condition #57, Existing Arlington Gateway Site Plan 57. The developer agrees to develop a hotel vehicle management plan which addresses tour

buses, guests and other hotel functions (meetings and special events), which shall include vehicle and tour bus ingress and egress, circulation within the site, location of tour bus parking for loading and unloading, and a parking management plan at all hours of hotel operations. Consistent with the architectural plans dated October 12, 1999 and updated

eet th

May 28, 2003, the developer agrees to provide an area adjacent to the rear of the residential building to accommodate two (2) tour bus parking spaces. With the exception of the aforementioned parking spaces, there shall be no other bus parking within the site plan. Additional extended t Tour bus parking shall be directed to approved Arlington County designated bus parking facilities. Taxis shall be brought to the hotel on a call system basis only. The parking management plan shall provide that at all times, an attendant-assisted parking management plan will be instituted that addresses tandem parking, permits aisle parking and incorporates parking attendants to move cars which are blocking other cars. The developer agrees that the office parking garage will be available for overflow hotel parking for the life of the project. The parking m nagement plan shall include procedures for implementation of the attendant-assisted parking to ensure convenient access to vehicles by users of the office garage. The hotel vehicle and tour bus management plan, which may also include off-site parking for tour buses, shall be reviewed by the Transportation Commission and approved by the County Manager and his designee prior to the issuance of the first building permit for the hotel.

The following conditions apply to 4420 North Fairfax Drive and replace all previous conditions for Site Plan #6.

a


Note: Where a particular County office is specified in these conditions, th ffice 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. 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 January 11, 2006 and reviewed and approved by the County Board and made a part of the public record on January 21, 2006, 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 developer agrees that

e specified o

Tthis site plan approval amendment expires three (3) years after the date of County Board approval if the Final a bBuilding pPermit has not been issued for the first building to be constructed ay 4420 Fairfax Drive pursuant to the approved plan. Extension of this approval shall be at the sole discretion of the County Board. The owner developer agrees that this discretion shall include a review of this site plan and its conditions for their compliance with then current County policies for land use, zoning and special exception uses. Extension of the site plan is subject to, among other things, inclusion of amended or additional site plan conditions necessary to bring the plan into compliance with then current County policies and standards together with any modifications proposed by the owner developer 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. 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, and representatives from the Washington Metropolitan Area Transit Authority (“WMATA”). 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 succ sor 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 meeti g is to discuss the requirements of the site plan conditions.

3. Intentionally Omitted.

es

n

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 adjacent sites onwhose 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 ca rotected. se, will be pThis 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 minimu , this plan shall minclude:

(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 requ rs ionired to be saved pu uant to this condit , which dies (any tree which i as Cs 30% or more dead determined by the ounty’s Urban Forester sha d to hav ll be considere e died) prior to, or within ten (10) yearsof, the issuance of the Master Cert cyificate of Occupan shall be removed and replaced by the developer at h e nis expense with th umber of major deciduous and evergreen trees con the Treesistent with Replacement Guidelines and which meet the minimum size and othe nts r requireme 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.

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. 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, d, as well

ng

of

east and west facades, as location permits, of buildings to be demolisheas 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: duriexcavation, 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 CertificateOccupancy)–North, south, east and west facades of completed building or


cent

d

n

Grade Structure Permit, or the first Building Permit, whichever comes first. The

5.

buildings, as well as at least one view of completed project in context of adjabuildings and streets.

The photographic records for which no time is specified above, including the completecompact disc with the entire photographic history, shall be delivered to the Zoning Administrator, before the issuance of a Master Certificate of Occupancy for placement ithe 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

Construction Phase photographs, showing any construction to grade, shall be submittedbefore 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 issuanceof the Master Certificate of Occupancy.

Intentionally Omitted. 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 $___________ ($50,000 x ___ 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.

The developer agrees to develop and implement (after approval) 6. a plans for temporary

pedestrian and vehicular circulation during demolition and construction. Thisese plans shall identify temporary sidewalks, interim lighting, fencing around the site, constructionvehicle routes, and any other feature

s necessary to ensure safe pedestrian and vehicular

travel around the site during demolition and construction. The developer agrees to provide a flagman during all hours of demolition and construction to maintain continuous access from the Continental garage and loading entrances to Fairfax Drive and North Glebe Road. The developer shall maintain a safe pedestrian passage during construction on the south side of Fairfax Drive at all times, except for specific phases of tunnel

etro

excavation and construction across Fairfax Drive, subject to approval by the CountyManager or his designee. Any closure of this walkway required for construction of mimprovements or for the project must be approved in advance by the Department of Environmental Services. The developer agrees to provide copies of each of these plans to the Ballston-Virginia Square Civic Association, The Unit Owners Association of The


) Continental, a Condominium, the Ellipse office building, and the Jefferson, (“neighbors”at least two weeks prior to submission to the County Manager. The neighbors may submit comments to the Development Services Group of the County’s Department of Environmental Services until two weeks after receipt of the plan. Comment received after that date may be considered at the discretion of the County Manager or his designee. The developer agrees to submit thise plan for demolition to, and obtain approval of the plan from, the County Manager as meeting these standards, before the issuance of the Clearing, Grading and Demolition Permit and to submit the plan for construction to, and obtain approval of the plan from, the County Manager as meeting these standards, before the issuance of the Excavation/Sheeting and Shoring Permit. The County Manager may approve subsequent amendments to these plans, if consistent with thisese approvals.

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.

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, stru and in a businesslike ctures and systems in good repairappearance 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.

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.

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 compli

9.

10.

esy 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

11.

issuance of the Clearing, Grading and Demolition Permit.

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 theMaster Certificate of Occupancy is issued.



on

o

ect.

. Before commencing any clearing or grading of the site, the developer shall hold a tion

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 the construction site throughout the hours of construction, including weekends. The name and telephone number of this individual shall be provided in writing tresidents, property managers and business owners whose property abuts the site, and to the Zoning Administrator, and shall be posted at the entrance of the proj

bmeeting with those whose property abuts the project to review the construchauling route, location of construction worker parking, plan for temporary pedestrian and vehicular circulation, and hours and overall schedule for construction. The developer shall provide notice to abutting property owners including The Unit Owners Association of The Continental, a Condominium, and to the Ellipse office building, the Jefferson, and the Arlington Gateway Hotel a minimum of two weeks prior to this meeting. 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. Copieof plans or maps showing the construction hauling route, construction worker parking and temporary pedestrian and vehicular circulation shall be posted construction trailer and given to each subcontractor and c

s

in the onstruction vehicle

operator before they commence work on the project.

ng c. Throughout construction of the project, the developer agrees to advise abuttiproperty owners including the The Unit Owners Association of The Continental, a Condominium, and to the Ellipse office building, the Jefferson, and the Arlington Gateway Hotel, 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

and driveways used for hauling construction materials and entrance to the construction site are free of mud, dirt, trash, allayingdust, and debris and that all streets and sidewalks adjacent to the construction site are free

of trash and debris.

o

ays.

e. The developer agrees that construction activity, except for construction workerarrival to the construction site and indoor construction activity, will commence nearlier 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 holid“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


one sign per street front around the construction site, indicating the permissible hours of construction, to place one additional sign within the

e such hours.

reasonable persons of normal sensitivities. The developer agrees to place a minimum of

construction trailer containing the same information, to provide a written copy of the permissible hours of construction to all subcontractors, and to require its subcontractors to observ

f. Storage of construction materials, equipment and vehicles shall occur on the

Fairmont site (4420 Fairfax Drive) or an off-site location, as may be approthe County Manager.

12. The developer agrees to provide a plan for diverting from landfill disposal the demolition,

construction, and land clearing debris generated by the project. The plan should outline recycling and/or reuse of waste generated during demolition and/or construction.plan should outline specific waste streams and identify the means by which waste will bmanaged (reused, reprocessed on site, removed by licensed haulers for reuse/recycling, 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 agreobtain the County Manager’s approval of

ved by

The e

es to this plan the demolition plan prior to the

issuance of the Clearing, Grading, and Demolition permit and of the construction plan prior to the issuance of the Excavation/Sheeting and Shoring Permit, and to implemthe

ent se plans throughout demolition and construction of the project. Compliance wit

condition may contribute to achieving LEED credits MR 2.1 and 2.2 (Construction WasteManagement.)

• 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

h this

Excavation/Sheeting and Shoring Permit.

n

e

approval 's

all conform to: the landscaping requirements in Condition #14 below; the Rosslyn-Ballston

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 plaand 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 the professional seal of, a landscape architect certified to practice in the Commonwealth of Virginia. The developer further agrees that the final site development plan, thelandscape plan, and the site engineering plan shall verify, by means of survey, that therare no conflicts between the street trees and utilities. The developer shall obtainby the County Manager for both plans as meeting all requirements of the County Boardsite plan approval and all applicable county laws and plans before the issuance of the Excavation/Sheeting and Shoring Permit. The plan shall be consistent with the conceptual landscape plan approved as a part of the site plan, and, at a minimum, sh


y's dscaping, planting, and sidewalk and driveway construction specifications; and/or

other applicable urban design standards approved by the County Board. The developer

Corridor Streetscape Standards if applicable; the Sector Plans if applicable; the Countlan

agrees to work with the The Unit Owners Association of The Continental, a Condominium, to design landscape improvements along the eastern edge of the site plan adjacent to Fairfax Alley, and in the southeast corner of the Fairmont site, should the parking garage entrance be relocated from this area. All such improvements shall be shown on the final site development and landscape plan. In order to facilitate comwith the final site engineering plan, the landscape plan shall be at a scale of 1 ifeet; the County may require more detailed plans appropriate to landscape installation at alarger scale to also be submitted. The County may permit minor changes in building, street and driveway locations and other details of design as necessitated by more detaileplanning and engineering studies if such changes are consistent with the provisioZoning Ordinance governing administrative approval and with the intent of the site plan approval. The landscape plan shall include a Street Tree Plan which shall be reviewed DPRCR and DCPHD, and shall be accompanied by the site engineering plan. The installation of all plant materials shown on the final landscape plan shall take place before the issuance of the first Certificate of Occupancy for the respective phase of constructio

parison nch = 25

d ns of the

by

n, or as otherwise approved in writing by the County Manager if the developer demonstrates that circumstances required by construction of the related Western Entrance Metro improvements have caused delay that is outside of the developer’s control. Thdevelopment and landscape plan shall include the following details:

a. The lo

e final site

cation and dimensions of traffic signal poles and control cabinets, utility meters, utility vaults and boxes, transformers, mechanical equipment, fire

ing

ilding which is used as a walkway. The developer agrees to provide drawings showing

hydrants, standpipes, storm water detention facilities, the location of all existand proposed utility lines and of all easements. The location of traffic control cabinets shall be shown on the final site engineering plan and placed so as not to obstruct pedestrian travel or be visually obtrusive. Traffic control cabinets shall not be located in the public sidewalk. Transformers shall not be placed above grade in the setback area between the building and the street.

b. Intake and exhaust garage ventilation grates may not be located within public

sidewalks or streets, or within areas between the street curb and any bu

how the garage will be ventilated prior to in the submission of the post-County Board Administrative Regulation 4.1 drawings required in Condition #10 above.Ventilation grates shall be located and/or screened so as not to be

visibley

obtrusive from public rights-of-way. The developer shall obtain approval from the County Manager of the location and screening of all ventilation grates as part of the review of the final site engineering plan and the final site development and landscape plan before issuance of the Footing to Grade Permit.


ice

d

c. The location, dimensions, materials, and pavement pattern, where applicable, fordriveways and access drives, automobile drop-off areas, driveway aprons, servdrives, parking areas, interior walkways and roadways, plaza areas and sidewalks,as well as for address indicator signs. Brick or a concrete unit paver shall be useon the access drives, automobile drop-off areas, plaza areas, and interior walkways and roadways, or as otherwise approved by the County Manager. Interior walkways shall have a minimum width of four (4) feet. All plaza areas shall contain special paver treatments that coordinate in design, color and materials with the treatment of the public sidewalk. The materials and colors useare subject to approval by the County Manager according to adopted Sector or other urban design standards approved by the County Board as a part of review and approval of the final site development and landscape plan.

d. The lo

d Plans

cation and types of light fixtures for streets, parking, walkway and plaza areas, and associated utilities, as contained in the lighting plan required in

pography at two (2) foot intervals,

Condition #50 below.

e. To and the finished first floor elevation of all structures, and top-of-slab elevation for any proposed underground structures.

s-sections of raised planters), surface parking areas, and service drives, including a listing of plant materials; details of planting, irrigation and

r(s) of ng, bollards, trash receptacles, bike racks, arbors, trellises, and water features,

and other landscape elements or structures.

14.

rd

es, except as indicated in Condition #18 below.

f. Landscaping for open space areas, plaza areas, courtyards, raised planters (including cros

drainage; and details of proposed furnishings for all areas, including but not limited to dimensions, size, style(s), materials(s), finish(s) and manufactureseati

g. The location and planting details for street trees in accordance with Division of

Transportation Standards and Specifications for planting in public rights-of-way and as shown on the approved final site engineering plan.

h. The limits of demolition and construction.

The developer agrees that all landscaping shall conform to Division of Transportation Standards and Specifications and to at least the following requirements:

a. Plant materials and landscaping shall meet the then-current American Standa

for Nursery Stock, and shall also meet the following standards:

(1) Major deciduous trees (shade or canopy trees such as Oaks, Maples, London Plane Trees, Japanese Zelkovas, etc.) other than street trees–a minimum caliper of 4 to 4 1/2 inch


,

inimum caliper of 3 to 3 1/2 inches. Multi-stem

b. nty

c. in

d.

This ly to those trees and tall shrubs in raised planters. Soil

e

t for

(2) Evergreen trees (such as Scotch Pines, White Pines, Hemlocks, etc.)–a minimum height of 7 to 8 feet.

(3) Ornamental deciduous trees (such as Cherries, Dogwoods, ServiceberriesHornbeams, etc.)–a mtrees shall not be less than 10 feet in height.

(4) Shrubs–a minimum spread of 18 to 24 inches.

(5) Groundcover–in 2 inch pots.

All new lawn areas shall be sodded; however, if judged appropriate by the CouManager or his designee, based on accepted landscaping standards and approved in writing, seeding may be substituted for sod. All sod and seed shall be state certified.

Exposed earth not to be sodded or seeded shall be well-mulched or planted ground cover. Areas to be mulched may not exceed the normal limits of a planting bed.

Soil depth shall be a minimum of four (4) feet plus 12 inches minimum of drainage material for trees and tall shrubs and three (3) feet for other shrubs. requirement shall also appdepth for raised planters shall be measured from the bottom of the planter to thtop of the planter wall. The walls of raised planters shall be no higher than seat-wall height (2 1/2 feet, maximum) above the adjacent finished grade, excepelements located on the rooftop terraces and pool deck level, as shown on the plans dated January 11, 2006.

Finished grades shall not exceed a slope of three to one or the grade that existebefore the site work began.

e. d

te a Finished grades inside raised planters may creaslope of two (2) to one (1), if groundcover is planted on such grades.

aintained condition

before the issuance of the Clearing, Grading and Demolition Permit and agrees to

on private property n and

rpose by .

f. The developer agrees to maintain the site in a clean and well-m

secure and maintain the site throughout the construction and phasing process. Further, the developer agrees to submit a maintenance agreement which shall ensure that all plaza areas and other landscaped areas located are kept in a clean and well-maintained condition for the life of the site plato follow the terms of that maintenance agreement approved for that puthe Zoning Administrator, as required in Section 32A of the Zoning Ordinance


g. The developer agrees to notify the DPRCR Urban Forester at least 72 hours in

spect the plant material, the tree pit and the technique of planting. Soil used in the tree

5. The developer agrees to contact all utility companies, including the electric, telephone

inst omply with this condition the

dev 6. The developer agrees to submit final site engineering plans to the Division of

es

e

a nitary,

storm sewer and water main construction to the Division of Transportation for recording.

17.

d

structed prior to issuance of the first Certificate of Occupancy for occupancy of the applicable phase of the project, or as otherwise approved by the County Manager if the

advance of the scheduled planting of any street trees in the public right-of-way and to be available at the time of planting to meet with staff of DPRCR to in

pit must meet the specifications for street tree planting available from the DPRCR Urban Forester.

1and cable television companies, and offer them access to the site at the time of utility

allation to install their underground cables. In order to cdeveloper agrees to submit to the Zoning Administrator copies of letters from the

eloper to the utility companies offering them access as stated above.

1Transportation. The plans shall be drawn at the scale of 1 inch = 25 feet and be 24 inchby 36 inches in size. Neither the Excavation/Sheeting and Shoring permit nor the first Building Permit shall be issued until final site engineering plans which agree with thapproved final site development and landscape plans, and the sequence of construction, has been approved by the Division of Transportation, as consistent with all site plan approval requirements and all County laws. Upon completion of the construction ofproject, the developer agrees to submit one (1) set of as-built mylar plans for sa

The developer agrees to show on the final engineering plans pavement, curb and gutter along all frontages of this site in accordance with the then-current Arlington County Standard for concrete curb and gutter and the then-current standards for pavement anaccording to the following dimensions. The pavement, curb and gutter shall be con

developer demonstrates that circumstances required by construction of the related We vements have caused delay in construction of the stern Entrance Metro impropavement, curb and gutter that is outside of the developer’s control, as described in Condition #76.

t the southeast corner of the a. The developer agrees to construct a double nub a

intersection of North Fairfax Drive and North Vermont Street, and a bus nub adjacent to North Fairfax Drive east of Fairfax Alley as shown on the final engineering plan approved by the County Manager, or his designee.

b. The developer agrees to contribute $150,000 for the design and installation of a

traffic signal at the intersection of North Fairfax Drive and North Vermont Street prior to issuance of the final building permit for the project.


c. The developer agrees to realign Vermont Alley at Fairfax Alley to improve the veh show such icular turning movement into the Continental garage and to realignment on the final engineering plan approved by the County Manager.

d. The developer agrees to design the proposed improvements to the Fairfax Drive

med as shown on the final engineering plan approved by ian adjacent to the sitethe County Manager. The median shall be reconstructed as an element of the Ballston – MU Metro West Entrance Improvements.

e. The developer agrees to revise the Plot and Location Plan to incorporate up to

four parallel surface parking spaces adjacent to the east side of the shared access serv by ice drive (Fairfax Alley) as shown on the final engineering plan approved the County Manager or his designee.

All improv lar access (ADA) andregulations vements to curb, gutter, sidewalks, crosswalks, and streets for pedestrian and/or vehicular access or circulation

pated for such

ncreased cost.

ds

led e

ements to curb, gutter, sidewalks and streets for pedestrian and/or vehicuor circulation shall be in full compliance with the Americans with Disabilities Act

any regulations adopted thereunder, as well as any other applicable laws and . The developer further agrees that all impro

shall be as determined by the County Manager on the final Site Development and Landscape Plan and on the final Site Engineering Plan, in accordance with the Rosslyn-Ballston Corridor Streetscape Standards or other applicable urban design standards in effect at the time of final Site Engineering Plan Approval; provided, however, that the provision of such improvements shall not increase the projected cost anticiimprovements as shown on the site plan drawings dated January 11, 2006 unless the County provides additional funding to offset such i

18. The developer agrees that the final sidewalk pattern/design and final selection of materials and colors to be used shall be as determined by the County Manager on the final site development and landscape plan and final engineering plan, in accordance withthe Rosslyn-Ballston Streetscape Standards or other applicable urban design standarapproved by the County Board and in effect at the time of the final landscape plan approval. The developer further agrees to construct the sidewalk improvements detaibelow prior to the issuance of the first Certificate of Occupancy for occupancy of thapplicable phase of the project, or as otherwise approved by the County Manager if thedeveloper demonstrates that circumstances required by construction of the related Western Entrance Metro improvements have caused delay in such construction that is outside of the developer’s control, as described in Condition #76. The sidewalks along the street frontages of this development shall be paved with brick or an interlocconcrete paver,

king or as otherwise approved by the County Manager, and shall be plac

a properly-engineered base approved as such by the Division of Transportation.sidewalk treatments shall continue across all driveway aprons for loading and garaentrances along all frontages of the site plan, and there shall be no barriers to impede thflow of pedestrian traffic. The sidewalks shall contain street trees placed in either tree

ed on The

ge e


nd hall not

shall

North Fairfax Drive–A minimum 24-foot wide sidewalk measured from the back of

pits, tree grates or planting strips, consistent with the Standards for Planting and Preservation of Trees in Site Plan Projects, and as specified below. Placement, planting and root enhancement options shall be consistent with the Standards for Planting aPreservation of Trees in Site Plan Projects, and as specified below. Street trees sbe placed within the vision obstruction area. All public walkways shall be constructed toCounty Standard. The developer agrees to maintain and replace the street trees and sidewalks for the life of the site plan. The sidewalk sections and street tree species be as follows:

curb, including 6-foot by 12-foot tree pits planted with 4 to 4 ½ inch caliper Willow Oak street trees and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), placed approximately 30 feet apart on center and a minimum of eight (8) inches back from the back of curb. North Vermont Street –A minimum 13-foot 8-inch wide sidewalk measured from the back of curb, including 5-foot by 12-foot tree pits planted with 4 to 4 ½ inch caliper Willow Oak street trees and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius conferta (Shore Juniper), placed approximately 30 feet apart on center and a minimum of eight (8) inches back from the back of curb. Shared Access Service Drive (Fairfax Alley)–Adjacent to the eastern edge of the building a minimum 6-foot wide sidewalk measured from the back of curb. Internal Access Drive (Vermont Alley)–Adjacent to the southern edge of the building a minimum 11.5-foot wide sidewalk west of the loading dock and 6-foot wide east of and crossing the loading dock measured from the back of curb. A raised crosswalk across Vermont alley adjacent to and in alignment with the Continental’s pedestrian exit as shown on the final engineering plan approved by the County Manager. The streetscape sidewalk improvements shall be continuous and uninterrupted across all driveways, including: 1)Fairfax Alley at Fairfax Drive, 2)Vermont Alley at Vermont Street, 3)Vermont Street at Fairfax Drive, and 4)access points to the parking garage and loading area as shown on the final engineering plan approved by the County Manager and subject to approval by the Virginia Department of Transportation. The driveway aprons shall not extend in depth greater than the width of the adjacent tree pit design.

The Continental, a Subject to the written approval of The Unit Owners Association ofCondominium, and any unit owner(s) with an individual ownership interest in any affected parking space(s), the developer agrees to construct a minimum six-foot wide clear and level sidewalk with street trees where appropriate along the south side of Vermont Alley as shown on the final engineering plan approved by the County Manager, provided that such approval is granted to the developer prior to issuance of the final building permit for the new construction.


19.

as

reet et

The developer agrees that in order to accommodate the subsurface requirements of utilities and streetscape elements (including street trees), the final design of the project shall provide a structure-free zone under the public sidewalk along all street frontages, required in the Standards for Planting and Preservation of Trees in Site Plan Projects. This zone shall be a minimum of five (5) feet deep clear in depth in the area of the sttrees (in order to provide adequate tree pits) and shall extend from the back of the strecurb a minimum of 10 feet from North Fairfax Drive and North Vermont Street. From this point to the far edge of the public sidewalk, this zone shall be a minimum of 2.5 feet deep. No subterranean structures (such as parking garages) shall intrude into this five foot deep zone. Within the zone, underground utilities and utility vaults shall not blocated in a manner that interferes with the appropriate spacing and replacement of streetrees, consistent with the approved final site and development and landscape plan. Utillines shall not be located beneath street trees,

e t

ity except those related to WMATA

improvements that must be located beneath street trees. The location of all existing and proposed utility lines shall be shown on both the final landscape plan and the final site

0. The developer agrees that the location of the water services will be determined at the time :

es and a minimum of 10 feet clear of structures; a clear space 15 feet wide by 20 feet long by 10 feet deep shall

ecessary to provide these clearances. The above-

engineering plan. 2

of the review of the final engineering plan in accordance with the following standardswater meter installations shall be located behind and adjacent to the curb line in an area clear of driveways, a minimum of five (5) feet clear of other utiliti

be provided for three (3) inch and four (4) inch meter installations, and 20 feet wide by 25 feet long by 10 feet deep for six (6) inch and larger meter installations; and the building walls shall be adjusted as nreferenced dimensions and/or distances may be modified, by written approval of the County Manager, if the developer demonstrates that such modifications are warranted due to the construction of the Western Entrance Metro improvements described in Condition #76.

The developer agrees that all sanitary sewers and water mains, including water sershall have a minimum of ten (10) feet horizontal clearance from each other and five (5)feet clearance from all other utilities, and shall have a minimum of 10 feet hor

21. vices,

izontal

clearance from buildings and other structures. Water mains 16 inches and larger, and

,

s

mains placed more than 10 feet deep shall have a minimum of 15 feet horizontal clearance from buildings and other structures; and sanitary sewers 15 inches and largeror sewers placed more than 10 feet deep shall have 15 feet minimum clearance frombuildings and other structures. All water mains and sanitary sewers shall meet County Standard design criteria.

The developer agrees that the minimum clear horizontal separation between each individual barrel of the storm sewer and proposed buildings or other permanent structureshall be as follows: 10 feet from the center line of storm sewer mains less than 27 inches


inches in diameter and greater than 10 feet in depth; 15 feet plus half the iameter from the center line of storm sewer mains greater than 27 inches in diameter, at

-referenced dimensions and/or distances may be modified, by written approval

in diameter and 10 feet or less in depth; 15 feet from the center line of storm sewer mains less than 27dany depth. The aboveof the County Manager, if the developer demonstrates that such modifications are warranted due to the construction of the Western Entrance Metro improvements described in Condition #76.

22. f

23.

ater main improvements shall be constructed prior to the issuance of the Final Building Permit for the respective phases of

ne

The developer agrees that no existing water main or fire hydrant shall be taken out oservice or made inaccessible without the prior approval of the Department of Transportation. This approval shall be obtained before the issuance of the Excavation/Sheeting and Shoring Permit.

The developer agrees to show, on the final engineering plans, water main improvements in accordance with the following. The w

construction.

No

24. The dev y sewer m lowing. The sanitary sewer main

rov None

eloper agrees to show, on the final engineering plans, and to construct sanitarain improvements in accordance with the fol

imp ements shall be constructed prior to the issuance of the Final Building Permit.

The Coany impdevelopservingidentifiCounty

5. The developer agrees to show, on the final engineering plan, horizontal standpipes or fire

hydran inteprotection. Th and locations at the time of the final site engineering plan approval based on applicable safety standards. The horizontal

unty will TV-Inspect the sanitary sewer lines serving the site and shall identify rovements that are necessary to adequately service the development. The er agrees to repair or replace any sections or appurtenances of the sanitary sewer the development that are found to be deficient or damaged by the developer, as ed by County staff and as shown on the final engineering plan approved by the Manager.

2ts at rvals of not more than 300 feet in order to provide adequate fire

e County shall specify kind of service

standpi r f l Building Permit, and horizontal standpipes shall be installed prior to the issuance of the first Certific f O

The developer ate the needed fire flow as

pes o ire hydrants shall be installed prior to the issuance of the Fina

ate o ccupancy.

agrees to provide calculations to demonstr


defined in the Arlington County Department of Environmental Services Construction Standar nd cover sheet of mitted.

26. The de er

Department ofManual, any exwhich is in poostandards and s

ds a Specifications Manual. This information shall be clearly shown on the each plan set sub

velop agrees to remove and replace, according to the Arlington County Environmental Services Construction Standards and Specifications isting curb, gutter and sidewalk along the street frontages of this site r condition or damaged by the developer according to Arlington County pecifications, prior to the issuance of the first Certificate of Occupancy, or

as otherwise approved by the County Manager if the developer demonstrates that circumstances required by construction of the related Western Entrance Metro improvements have caused delay that is outside of the developer’s control, as described in Condition #76.

7. The developer agrees to show on the final engineering plans street lighting along all

The plaagrees, along the fronOccupa

2frontages of the site prior to the issuance of the Excavation/Sheeting and Shoring Permit.

ns shall include the height and color of the street light poles. The developer at its cost, to purchase and install approved Arlington County street lightingtages of the site prior to the issuance of the Shell and Core Certificate of ncy, or as otherwise approved by the County Manager if the developer

demons ce trates that circumstances required by construction of the related Western EntranMetro improvements have caused delay that is outside of the developer’s control, as described in Condition #76.

veloper agrees to purchase and install Virginia Power "Carlyle" standard street long all frontages of the site

The delights a , including vacated North Vermont Street, Vermont Alley, and Fairfax Alley, in accordance with adopted County Street Lighting Policy. The lights shall be double-globe on North Fairfax Drive and single-globe on North Vermont Street, Vermont Alley, and Fairfax Alley. The height of the street lights shall be 16 feet, measured from the sidewalk to the base of the luminaire, on North Fairfax Drive and on North Vermont Street, and 12 feet, or as otherwise approved by the County Manager, on Vermont Alley and Fairfax Alley. The developer agrees to pay the cost of installing additional standard thoroughfare lights should the County decide that they are necessary to provide adequate lighting for street safety purposes.

28. n or

lity services to this development or utility work necessary to provide a terminus to the underground facilities shall be paid for

poles, or d prior to the issuance of the Shell

and Core Certificate of Occupancy, or as otherwise approved by the County Manager if

The developer agrees to remove or place underground all existing aerial utilities withialong the periphery of the entire site plan site as shown on the final site development and landscape plan and the final engineering plan approved by the County Manager. Any utility improvements necessary to provide adequate uti

by the developer and shall not result in the installation of any additional utilityaerial devices. All utility relocation shall be complete

the developer demonstrates that circumstances required by construction of the related


Western Entrance Metro improvements have caused delay that is outside of the developer’s control, as described in Condition #76.

eloper agrees to provide off-street parking for all construction workers withoto the workers. In lieu of providing parking, the developer may provideconstruction workers in order that they may use Metro, provide a van for van , or use another established method of transportation to provide for constr

29. The dev ut

charge a subsidy for the pooling uction workers to arrive at the site. Compliance with this condition shall be determined based on a plan which shall be submitted to the Zoning Administrator, and for which the

the Excava e parking many spaces will be provided, how many construction workers will be assigned to the work site, and

g, and oth ion site at wschedules and routes, and carpooling and vanpooling information. If the plan is found to be either not implemented or violated during the course of construction, a correction

) days, a has been co

0. The developer agrees to install address indicator signs on the site which comply with

31. at the design of the facade treatment for the buildings and the

materials to be used on the facades shall be as specified and shown on the submitted made a

. The

with

unty Board approval before the issuance of the Final Building Permit.

In

et

ons

developer has obtained the Zoning Administrator’s approval, before the issuance oftion/Sheeting, and Shoring Permit. This plan shall set forth the location of th to be provided at various stages of construction, how

mechanisms which will be used to encourage the use of Metro, carpooling, vanpooliner similar efforts. The plan shall also provide for a location on the constructhich information will be posted regarding Metro schedules and routes, bus

notice will be forwarded to the developer. If the violation is not corrected within ten (10 "stop work order" will be issued, and construction halted until the violationrrected.

3Section 27-12 of the Arlington County Code or successor provision in a location visible from the street and as shown on the final site development and landscape plan.

The developer agrees th

drawings identified in Condition #1 and as presented to the County Board andpart of the public record on the County Board date identified in Condition #1, including all renderings, drawings, and presentation boards presented during public hearingsdeveloper agrees to submit colored drawings and renderings which label the materials and colors, and material samples, for review by the County Manager for consistencythis site plan approval prior to the issuance of the Footing to Grade Permit. The developer further agrees to obtain the approval of the County Manager of the façade treatment as being consistent with the Co

The developer agrees that all retail storefronts along public rights-of-way are required tohave an overall minimum transparency of 50% as measured from floor to ceiling.addition, the portion of the retail storefronts that is located between three and eight fefrom grade is required to be at least 80% transparent. The purpose of this condition is toallow pedestrians to view the activity within the retail establishment and to allow patrand employees of the retail establishments to view the activity on the sidewalk and street.


ing,

site plan amendment to grant an exception to this condition for a specified duration.

32.

g

by the er

• g

33. 24

.

sportation, the developer agrees to submit to the Division of Transportation a performance bond, in the approved amount of

esti allation of all these facilities (to include street trees and all landscape materials) within the public rights-of-way or

emethe issu

Prior to the release of the public improvement bond, the developer agrees to submit as-

“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 shall not be satisfied by views into areas blocked by display cases, the rear of shelvinterior walls, blinds, hallways, or the like. Provided that the exterior material is glass or other transparent material, a tenant may apply to the County Board for a

All required public deeds of easement and deeds of dedication shall be submitted to theDivision of Transportation prior to the issuance of the Excavation/Sheeting and Shoring Permit, and be approved and recorded among the land records of the Clerk of the CircuitCourt of Arlington County, by the developer before the issuance of the Final BuildinPermit. The developer agrees that there shall be no building construction within the easement area without approval by the County Manager or the County Board. Dedications granted by the developer for street and public right of way purposes and improvements shall be dedicated in fee simple to the County. Dedications granted developer for improvements, including, but not limited to, sidewalks, street trees, othstreetscape plantings, and water, storm sewer, sanitary sewer, and other utilities, may be dedicated by easement to the County.

The developer agrees to dedicate public use access easements for all public walkways described in Condition #18. The following conditions of site plan approval (#33 through #41) are valid for the life of the site plan and must be met by the developer before issuance of the Footinto Grade Structure Permit.

The developer agrees to submit one (1) plat, drawn at the scale of 1 inch = 25 feet and inches x 36 inches in size, of the excavated area showing spot elevations which confirm that the construction drawings are consistent with the average site elevation, and with the building’s ground floor elevation(s) at the building’s lowest level(s), as approved by the County Board and as indicated in the plans referenced in Conditions #1 and #10 above

34. Upon approval of the final site engineering plan the developer agrees to submit a

performance bond estimate for the construction or installation of all facilities (to include street trees and all landscape materials) within the public rights-of-way or easements to the Division of Transportation for review and approval. Upon approval of the performance bond estimate by the Division of Tran

the mate, and an agreement for the construction or inst

eas nts, which bond shall be executed by the developer in favor of the County before ance of the Final Building Permit.


lt drsanitary

5. The developer agrees that all new electrical transformers shall be placed underground in

lan.

ains

site development and landscape plan before the issuance of the Footing to Grade

Structure Permit.

36.

recycling of reusable materials as defined by the County. The collection, storage, pac his

space m approvconditi

37. The de

shall al ements: minimum 12-foot clear width (including entrances), 30 foot-length and 14-foot height clearance. Any loading dock to

loadingtrash pi6:00 p.m., seven (7) days a week. The loading dock door shall also be closed when the

vehicle 38. The de esigned to allow access and use

by vans. At least 1% of the total new parking supply shall be accessible to vans, shall be e a

minimu clearanthe building plans by the Zoning Administrator before the issuance of the Footing to Grade Structure Permit, which review shall not relieve the developer from constructing in

bui awings showing the location and facilities for all underground utilities (water, sewer, and storm sewer) that will be maintained by Arlington County.

3vaults which meet Virginia Power standards. These vaults may be placed in the street right-of-way or in driveways if approved by the County on the final site engineering pVentilation grates may not be located within public sidewalks or streets, or within areas used as a walkway between the street curb and any building. The locations of the vaultsshall be coordinated with other utility locations so as to have a minimum clearance of five (5) feet to conduits and manholes and a minimum clearance of 10 feet to water mand sanitary sewers unless otherwise approved by the owner of that utility. The developer shall obtain approval from the County Manager on the location of all vault ventilation grates and utilities as part of the review of the final site engineering plan andthe final

The developer agrees that interior space shall be provided and used for the collection,storage, compaction, and removal of trash, as well as appropriate facilities for the

com tion, and removal of trash shall not occur outside the interior loading space. Tay not conflict with the use of a loading berth. The developer agrees to obtain

al from the Zoning Administrator of drawings showing compliance with this on before the issuance of the Footing to Grade Structure Permit.

veloper agrees that all loading spaces shall be in the interior of the building and so comply with the following requir

be used for trash removal shall have a minimum interior height clearance of 18 feet. All docks shall contain roll-down doors. Use of the loading dock for deliveries or ck-ups, excluding moving vans, shall be limited to the hours from 8:00 a.m. to

loading dock is in use, except when necessary for entry or exit of vehicles, venting of exhaust, or when required for similar operational or safety measures.

veloper agrees that new parking garages shall be d

conveniently located on the level of the garage closest to street level, and shall havm clearance of 98 inches. All other areas of the garage shall have a minimumce of 84 inches. Compliance with this condition shall be determined by review of

accordance with this condition.


9. The developer agrees to ensure that all parking spaces comply with the requirements of

Grade

40. icycle storage facilities

in locations convenient to residential and retail areas on the following basis at a

3Section 33 of the Zoning Ordinance. Unless otherwise approved by the County Board, the number of compact spaces may not exceed the Zoning Ordinance requirement. The developer shall submit drawings showing that these requirements are met, and shallobtain approval by the Zoning Administrator before the issuance of the Footing to Structure Permit.

The developer agrees to provide, at no charge to the user, secure b

minimum:

Residential Bicycle Storage Facilities: One (1) employee bicycle parking space for every 7,500 square feet, or portion thereof,of office floor area and one (1) additional such visitor space for every 20,000 square feet, or portion thereof, of office floor area.

One (1) resident bicycle parking space for every three (3) residential units, or portion thereof, of residential units and one (1) visitor space for every 50 residential units, or portion thereof, of residential units.

Resideprotect

nt bicycle parking facilities shall be highly visible to the intended users and ed from rain and snow within a structure shown on the site plan. The facilities,

including parked bicycles, shall not encroach on any area in the public right-of-way d for use by pedestrians or any required fire egress. The facilities for intende office users

and resas contained in the Arlington Bicycle Transportation Plan, dated April 1994 with

endfull-tim

ident bicycle parking must meet the acceptable standards for Class I storage space

Am ments through March 2003, and be highly visible from an elevator entrance, a e parking attendant, a full-time security guard or a visitor/customer entrance.

parking must be located within 50 feet of the primary building entrance. An parking racks used on the site must conform to the Arlington County Staoved by the Bicycle and Pedestrian Program Manager. Drawings showing thaquirements have been met shall be approved by the Zoning Administrator before ance of the Footing to Grade Structure Permit. Residential condominium nts shall not prohibit the storage of bicycles in individual condominium units.

Visitor y bicycle ndard or be appr t these rethe issucovena

In addition, the developer agrees that for every 50,000 square feet or fraction thereof of office Gross Floor Area (GFA), one (1) shower per gender shall be installed, up to a maximum of three (3) showers per gender. Also, a minimum of one (1) clothes storage locker e. per gender shall be installed for every required employee bicycle parking spacThe loc and secured area and both kers shall be installed adjacent to the showers in a safeshowers and lockers shall be accessible to all tenants of the building. The location, layout and security of the showers and lockers shall be reviewed by the Arlington County Police Department before issuance of the Footing to Grade Structure Permit. The developer agrees that an exercise/health facility containing a maximum of 1,000 square


feet shall not count as density (FAR) but shall count as GFA if this facility meets all of the foll building and owing criteria: 1). The facility shall be located in the interior of theshall not add to the bulk or height of the project; 2). Showers and clothes lockers shall be provided as required above; 3). The lockers shall be installed adjacent to the showers in a safe an e d secured area within the exercise facility and both showers and lockers shall baccessible to all tenants of the project; 4). The exercise facility shall be open only to tenants of the project and shall not accept or solicit memberships from outside of the project. The exercise facility, including the showers and lockers, shall be open during normal working hours.

Retail Two (2portionvisitor/floor arportion be installe d such location obtain cle spaces visitors to retai

41. The dev face parking re apparatus. Architecturally designed bollards or curbs shall be used on pedestrian plazas to separate the areas intended for

erge ure shall beincorpo ubmitted for the Footing to Grade Structure Permit.

l

42.

43. y. 44.

dition #56 below.

Bicycle Storage Facilities: ) retail visitor/customer bicycle parking spaces for every 10,000 square feet, or thereof, of the first 50,000 square feet of retail floor area; one (1) additional retail customer space for every 12,500 square feet, or portion thereof, of additional retail ea; and one (1) additional retail employee space for every 25,000 square feet, or thereof, of retail floor area. The retail visitor/customer bicycle spaces shall d at exterior locations that are convenient to the retail visitors/customers, ans shall be reviewed by the Division of Transportation. The developer agrees to

approval of the location, design and details of the retail visitor/customer bicyas part of the final site development and landscape plan. Facilities for retail /customers must meet the County standards for bicycle racks, and be located closel visitor/customer entrances or the closest retail vehicle parking spaces.

eloper agrees to construct all plaza areas used for vehicular access and all sur areas to support the live load of any fi

em ncy vehicle use from areas intended for pedestrian use. No above-grade struct allowed to encroach in fire lanes. The requirements of this condition shall be rated in the drawings s

• The following conditions of site plan approval (#42 through #46) are valid for the

life of the site plan and must be met by the developer before the issuance of the FinaBuilding Permit.

The developer agrees to submit one (1) original and three (3) copies of a wall check survey to confirm its consistency with the plans approved by the County Board, as referenced in Conditions #1 and #10 above.

Mechanical equipment shall be screened so as not to be visible from public rights-of-wa

The use of any penthouse shall be limited to mechanical equipment and equipment maintenance space or telecommunication transmitter and/or receiver equipment as required in Con


. n

ctitioner referred by the Police Department has reviewed and accepted the site plan for meeting CPTED design requirements.

46. re

•

First

47.

ction 34

g

45 The developer agrees to submit to the Zoning Administrator and the Operations Divisionof the Arlington County Police Department documentation that a Crime PreventioThrough Environmental Design (CPTED) pra

The developer agrees to obtain from the Federal Aviation Administration (FAA), befothe issuance of the final building permit, a written statement that the project is not a hazard to air navigation or that the project does not require notice to or approval by the FAA.

The following conditions of site plan approval (#47 through #53) are valid for the life of the site plan and must be met by the developer before the issuance of theCertificate of Occupancy.

The developer agrees to develop and submit a comprehensive sign plan and that all exterior signs (including identification and directional signage) shall be consistent withthe guidelines contained in "Sign Guidelines for Site Plan Buildings and with Seof the Zoning Ordinance. In addition to one construction sign as permitted in the ZoninOrdinance, a second sign including construction, marketing, and/or leasing information may be approved provided the total area of the two signs does not exceed 100 square feet. The Zoning Administrator shall determine whether the signs meet the standards of theguidelines and the Ordinance. No sign permits

, with the exception of permits for any

marketing or leasing sign, will be issued until a comprehensive sign plan is aThe developer agrees to obtain approval from the Zoning Administrator of the comprehensive sign plan before the issuance of the first Certificate of Occupancy. Allproposed rooftop signs, defined as all signs that are 35 feet or more above the ground,shall require a site plan approval or amendment.

The developer agrees to develop and implement a Transportation Management Plan (TMP) in order to achieve the desired results of the Arlington County Transportation Demand Management (TDM) program. The developer agrees to obtain the approval of the County Manager or his designee for such plan before the issuance of the first Certificate of Occupancy for the building. The Transportation Management Plan shall include a schedule and details of implementation and continued operation of the elements in the plan. The Transportation Management Plan shall include, but not be limited tofollowing strategies:

Participation and Funding:

a. Maintain membership in Arlington Transportation Partners (ATP), or successor entity, at no cost to the developer, on behalf of the property man

pproved.

48.

, the

agement company.

DC e

b. esignate a member(s) of building management as Property Transportation

oordinator to be a primary point of contact with the county and undertake th


reTtrtr

Faciliti

P e co lay wCa

d. D e. M

c residents of the building who choose to work from home.

Parkin

f. Spupa include asi(s

g. Provide effective directional signage subject to approval of a Comprehensive Sign

Pp Plan.

Promotions, Services, Policies:

h. P o the developer of $5.00 per card, per person, for free to condominium purchasers. P rd, per p

i. P

inregarding this development.

sponsibility for coordinating and completing all TMP obligations. The Property ransportation Coordinator shall be appropriately trained to provide rideshare, ansit, and other information provided by Arlington County intended to assist with ansportation to and from the site.

es and Improvements:

c. rovide in the residential lobby a Transportation Kiosk or information display, thntent/design/location of which shall be approved by the developer, (static dispith printed materials or dynamic display with direct electronic link to ommuterPage.comTM) to provide transportation-related information to residents nd visitors.

uring construction, maintain or coordinate relocation of any existing bus stops.

aintain at least one on-site business center (including at a minimum, access to opier, fax and internet services), which shall be made available to

g Management Plan:

ubject to the approval by the County Manager or his designee, the developer shall repare a parking management plan regarding: taxi passenger loading and nloading; accessible paratransit pick-up, drop-off, handicapped access, and assenger waiting area; loading zones for short-term deliveries; bus stops; and on-nd off-street parking for residents, employees, and visitors. Such plan shall schematic drawing depicting an area parking plan for all block faces abutting the te. Additionally, this plan will note restrictions as to times that various activities uch as deliveries and parking) are permitted in the respective spaces.

lan to direct residents and visitors to appropriate locations on the property, such lan to include provision for the items specified in the Parking Management

rovide SmarTrip cards, during the initial sales period only, at a maximum cost t

rovide SmarTrip cards, at a maximum cost to the developer of $5.00 per caerson, for free to new on-site employees of the property management company.

rovide website hotlinks to CommuterPage.comTM under a “transportation formation” heading from the developer and property manager’s websites


j. D to residents and visitors (and extend

requirement to on-site businesses) to include the following items:

(1 each person

purchasing a unit.

(2) Reference to the nearest Metro Station and bus routes in promotional materials

(3) Information provided by Arlington County in recruiting and employment

(4) Materials requested by Arlington County to assist the County in implementing a

nsi ear to all

k. Participate in Ozone Action Days and other regionally sponsored clean air, transit

and traffic mitigation promotions by posting notice of such promotions in locations within th

Performance and Monitoring:

l. Upon app elements by agencies of the County.

m. S t a g the TMP related activities of the preceding year.

n. Conduct a transportation performance monitoring study two years after issuance of

fiSa

9. The intent of this condition is to ensure that at least one parking space is available in

petudevelopcondom f at least one parking space for each dwelling unit.

trator at the tavailabspaces

istribute transit and ridesharing information

) A new-resident package (material provided by Arlington County) that includes sitespecific ridesharing and transit-related information to

and advertisements.

materials regarding commute options and assistance services available.

tra t-advertising program that will distribute information four times per y residents, tenants, employees, and visitors.

e building acceptable to the developer.

roval of the TMP by the County, the developer agrees to implement all of the plan with assistance when appropriate

ubmi n annual letter to the County Manager describin

rst Certificate of Occupancy of each building and report findings to the County. uch report shall include, at a minimum, an all-day count of site generated traffic nd a voluntary mode split survey.

4per ity for parking use by each residential unit in the project. Accordingly, the

er agrees to offer the use, for rental units, and the purchase or use for inium units, o

Further, for condominium units, the developer agrees to notify the Zoning Adminis

ime of the settlement of the last dwelling unit. If excess parking spaces are le at the time of settlement of the last dwelling unit, the number of excess parking equaling the number of dwelling units which were sold without a parking space,


shall fi e dwellinshall be

rst be offered exclusively for a period of twelve (12) months to the owners of thosg units which were sold without a parking space. Any other remaining spaces offered for sale at market rates to all dwelling unit owners or transferred sold at

market rates to the condominium, cooperative or homeowners association. By the end of twenty four (24) months following the settlement of the last dwelling unit, the developer agrees to relinquish in writing have sold at market rates to the condominium, cooperative

eowners association any and all remaining interest in the parking spaces or garagopy shall be filed with the Zoning Administrator. The future purchase

or hom e and a c of any parking spaces shall be limited to the dwelling unit owners or condominium, cooperative

hom The de es

or eowners association of the building.

veloper also agrees to provide at least the minimum number of handicapped spacrequire d by the International Building Code then in effect, as adopted and amended bythe Vir ginia Uniform Statewide Building Code, in the residential garage for the life of thesite plan. These designated spaces, designed to accommodate handicapped use, may be sold to -a qualified purchaser (owner of a vehicle with handicapped license plates) or nonqualified purchaser, but if a future qualified purchaser demands one of the designated spaces, the developer shall have in place a mechanism that allows said qualified purchaser to exchange a non-handicapped space that said qualified purchaser bought as part of s his/her condominium purchase for one of the remaining designated spaces that inot already owned by a qualified purchaser. This exchange must take place if and only if all designated spaces are not already owned by qualified purchasers, or upon sale of a designated space from a qualified owner to a non-qualified purchaser. Prior to the issuance of a certificate of occupancy for any occupancy of the building, the developer agrees to obtain from the Zoning Administrator approval of such a mechanism as meeting the standards of this approval. This approved mechanism shall be incorporated into the condominium or homeowners’ association documents to be implemented for the life of the project. The developer further agrees to inform all prospective purchasers of their right to obtain a handicapped parking space with the purchase of a condominium unit, provided all handicapped spaces are not owned by qualified persons. If all designated spaces are owned by qualified persons at the time of demand by a qualified purchaser, this exchange must take place upon any sale of a designated space from a qualified owner to a non-qualified purchaser. For both rental and condominium buildings, the use of the parking spaces shall be limited to parking use by the residents of the building, and their guests, and retail customers unless otherwise permitted in these conditions or by the Zoning Ordinance, and shall be converted to storage or other use without approval of a site plan amendment. The developer agrees to submit to the Zoning Administrator a parking management plan

not

which outlines how guest and visitor parking for the residential building, and parking for l

retail tenants' employees and customers for retail located in the residential buildings, wilbe provided, where the parking will be located and how guests and visitors, and retailemployees and customers, will be directed to the parking spaces. The developer further


agrees to make a minimum of six (6) residential visitor parking spaces, and seven (7) retail tenant parking spaces, available within the residential garage. The parking management plan shall be submitted to the Zoning Administrator, and reviewed and approved by the County Manager, prior to the issuance of the first Certificate of Occupancy for the first residential building.

The developer a 50. grees to include a lighting plan for all internal and external public areas,

including parking areas, as part of the final site development and landscape plan. This ng

as desc ent and lan of the Zon ering Society of North America Standards. The developer agrees to obtain the approval of all lighting

Certific

lighting plan shall be subject to review by the County Manager, including street lightiribed in Condition #27 above. The developer shall include in the site developmdscape plan certification that the lighting plan meets the minimum standardsing Ordinance, Section 2, Subsection H, and the Illumination Engine

by the County Manager, and to install approved lighting, before the issuance of the Firstate of Occupancy for occupancy of the applicable phase of the project, or as

otherw trates that ise approved by the County Manager if the developer demonscircumstances required by construction of the related Western Entrance Metro imp ements have caused delay that is outside of the developer’s control, as describedrov in Condition #76.

51. he developer agrees to be responsible for documenting any historical artifact or

shall in s, and mafound. ntation to Arlington County before issuance of the First Certificate of Occupancy.

In the edisturbthe Arl rogram, Neighborhood Services Division before removing or disturbing the artifact or natural feature. Arlington County shall be

ll be

, at a

52. roval shall be made

available to all prospective purchasers with the condominium's, cooperative's or

Thistorical natural feature uncovered during construction on the site. This documentation

clude written notation describing the artifact or natural feature, color photographpping of the location and/or depth of the site excavation at which the item was The developer agrees to submit a copy of this docume

vent an historical artifact or natural feature is found on the site, and is to be ed or removed from the site during construction, the developer agrees to contact ington County Historic Preservation P

given the opportunity to accept donation of the artifact or natural feature before the itemis offered to any other organization or individual. If historic buildings are located on the site, then photographic documentation shaconsistent with Historic American Building Survey (HABS) standards. Should the project be assessed as a possible archaeological site, the developer agrees to pursueminimum, a level one and two archaeological study. The developer agrees to submit to the Arlington County Historic Preservation Program all written results of the level oneand two archaeological study and all artifacts found on the site. If the project includes a residential condominium or cooperative component, then the developer agrees that a copy of the conditions of this site plan app


on has t

53.

homeowners association's bylaws or agreements. Documentation that this conditibeen satisfied shall be provided to the County Manager before the issuance of the FirsCertificate of Occupancy. If the project includes a residential rental component that is converted to a condominium or a cooperative, then the developer agrees that a copy of the conditions of this site plan approval shall be made available to all prospective purchasers with the condominium’s, cooperative’s, or homeowners’ association’s bylaws or agreements prior to the issuance of the first Certificate of Occupancy following the conversion.

Intentionally Omitted. The developer agrees to make a contribution to the County’s Green Building Fund of $_______ ($0.03 X _______ square feet). The payment shall be made to the Department of Environmental Services prior to the issuance of the Clearing, Grading, and Demolition Permit, and compliance with this condition shall be provided to the Zoning Administrator in the form of a letter at the time of payment. If the project achieves formal certification as a LEED Green Building from the U.S. Green Building Council within one year of issuance of the Master Certificate of Occupancy, the Green Building fund contribution shall be refunded upon receipt of written request, and documentation of LEED certification, by the applicant.

The following condition of site plan approval (#54) is valid for the life of the site plan and must be met by the developer before the issuance of the Master Certificate of Occupancy.

The developer agrees to submit, before the issuance of the Master Certificate of Occupancy, dra

•

54.

wings certifying the building height as measured from the average site elevation to both the building roof and to the top of the penthouse roof.

• The following condition of site plan approval (#55) is valid for the life of the site

plan and must be met by the developer within 90 days six months of receipt of thepartial Certificate of Occupancy for full occupancy of the building.

55. he developer agrees to obtain a Master Certificate of Occupancy within 90 daysT six (6)

months of receipt of the partial Certificate of Occupancy for that permits full occupancyof the

residential building. The developer may request in writing to extend the timeframe

for obtaining the Master Certificate of Occupancy. The request shall outline the reasons for the extension and shall be submitted to the County Manager or his designee for review and approval one (1) month prior to the end of the six-month time frame. The County Manager may approve such extension if he finds that the developer is diligently pursuing completion of the project, and that delay has been caused by unforeseen factors that were beyond the developer’s control.

•

Post Certificate of Occupancy: the following Conditions of site plan approval (#56 through #61) are valid for the life of the site plan.


56. ty er equipment and

onducting wire in or on the penthouse or top floor, and antennae and traffic monitoring

e installed

r used by others must not interfere with the emergency communication system of the

57.

the

n a site plan amendment shall be required.

and

59.

60.

ach

1. The density allocated for any new construction pursuant to the site plan on any

f

•

62.

In order to maintain the effectiveness of the County's public safety systems, the Counreserves the right to install telecommunications transmitter and/or receivcsystems on the roof of the proposed buildings at no charge to the County in a location anddesign that is acceptable to the County and the building owner based on a reasonable exercise of judgment by both upon request by the County. The developer agrees to provide, upon request by the County, access to electrical service separately metered, including auxiliary electrical power, and telephone radio control lines to the penthouse inthe defined area. Any radio transmitter or receiver equipment and antenna to boCounty.

The developer agrees that any structural addition shall be subject to the approval of theZoning Administrator consistent with Section 36.H.2.c of the Zoning Ordinance. IfZoning Administrator determines that any proposed improvements have a significant impact on the site plan, or otherwise meet Zoning Ordinance requirements for site plaamendments that go to the County Board,

58. The developer or owner agrees to remove snow from all interior streets and interior exterior sidewalks, including accessibility ramps and gutter areas within crosswalks, within a reasonable time after snow has stopped falling but in no case later than snow removal provided for vehicular access to the site.

If the project includes a residential component, then the developer agrees that the maintenance of the common area, walkways, private drives and parking areas which aretied to condominium units shall be provided for by the condominium's, cooperative's or homeowners association's bylaws or agreements consistent with Section 2.D.6 of the Zoning Ordinance.

The developer agrees to provide parking for each building according to the approved parking ratio; when this parking is not located within the parcel designation of ebuilding but located within the overall project, it shall continue to be committed to the entire project for purposes of administering the Zoning Ordinance.

6subdivided parcel of the site shall be the same as the approved density for the entire site. No additional density shall be allowed on any individual parcel formed by subdivision othe site.

The following unique site specific conditions (#62 through #90) are valid for the life of the site plan and must be met before the issuance of the permit specified in each Condition.

Retail Elements


The developer agrees to market a minimum of 8,600 square feet of retail space locathe first floor of

ted on the building to uses consistent with the approved Retail Action Plan for

the Rosslyn-Ballston Corridor, dated January 2001 and the following:

e retail space shall have direct access to the building’s service

corridor.

63. er agrees to make seven parking spaces on the first level of the garage

vailable for use exclusively by the retail tenants' customers; at a minimum, the number

ces for use of

ers between 6:00 p.m. and 12:00 midnight or until 30 minutes after the close of business of retail operations, whichever is later.

64. sements the Zoning

nd all other applicable requirements as set forth in the Zoning Ordinance and as determined by the Zoning Administrator. A

e policies.

afé shall be administratively reviewed one year following its approval to valuate it after a season of operation. At that time, the Zoning Administrator may

the approval, impose conditions on the operation of the outdoor café, or revoke e prior approval.

65.

. The developer agrees to coordinate with County staff on the design of exterior building security measures in order to limit or mitigate any adverse impacts that

1. The developer is encouraged to lease space designated for “personal or

business services” in the Retail Action Plan to “Entertainment and Main Street Retail” businesses.

2. The retail space shall be designed and used in a manner consistent with the Ballston Sector Plan, adopted in 1980.

3. Each separat

The developer agrees to submit an application for administrative change for any proposal for retail uses or parking not clearly consistent with the above. Any change in the use of the retail space from retail to office or other non-retail use shall require a site plan amendment.

The developaof spaces to be so reserved shall be consistent with the requirements of the Zoning Ordinance for the retail uses that occupy the space, but need to leave sufficient spaother uses. The developer agrees to implement a validation program to allow freesuch spaces for retail custom

Outdoor cafes shall be permitted in the public right-of-way or within public eaalong North Fairfax Drive in accordance with the applicable provisions of Ordinance, with a maximum seating area a

minimum of 10 feet of clear sidewalk width must be maintained along North Fairfax Drive. Plans for all outdoor cafes shall be subject to prior administrative approval by thZoning Administrator for consistency with County ordinances, regulations andAny outdoor cereviewth

Building Security Requirements

a


these measures may have on the project's urban design (including street and retail ,

the

Any change in the use and design of the base resulting from any proposal for exterior building measures shall require a site plan amendment.

aximum

eter

ution of any lease with a tenant.

66. or to

ted within it. This shall include, but not be

limited to, maintaining landscaping, keeping the grass mowed, and removing litter and aintain plan

67. ed site

d shall require a site plan amendment.

ding

69. sign and

g eloper points under the U.S. Green Building Council’s

ystem for LEED certification. Specifically, the developer agrees to include sustainable en

base) and streetscape. All exterior building security measures shall be shown onand approved as part of, the final site development and landscape plan and approved façade treatment plan. The base of the buildings, as shown in the drawings dated January 11, 2006, and consistent with Condition #62 above, havebeen designed to accommodate retail uses and provide interest and activate the streetscape.

b. The developer agrees that it is the policy of the County to maintain the m

number of on-street parking spaces around the perimeter of a site, and that it will not remove or reduce the number of on-street parking spaces around the perimof a site whether at the request of the developer or a tenant or otherwise. Accordingly, the developer agrees that it shall notify tenants of the aforesaidpolicy prior to exec

The developer agrees to obtain approval of the County Manager of a phasing plan prithe issuance of any building permits for the site plan, and to implement the approved plan. During the phasing of construction, the developer further agrees to appropriatelymaintain the site and any buildings loca

debris from the site. Until the buildings are demolished, the developer agrees to maccess on the site for fire emergency vehicles. Improvements required by these siteconditions shall be constructed in phases, consistent with the phasing plan for construction of the project. Any changes in the project phasing shall require a new phasing plan approved by the County Manager prior to the issuance of any permits.

The developer agrees that no balconies, other than those identified in the approvplan, shall be enclosed. Enclosure of any additional balconies shall constitute additional gross floor area an

68. The developer agrees to develop and implement a plan for the recycling of building

materials from the existing buildings to be demolished. The developer agrees to obtain the County Manager's approval of this plan prior to the issuance of the Clearing, Graand Demolition Permit for the existing buildings.

The developer agrees to hire a LEED certified consultant as a member of the deconstruction team. The consultant shall work with the team to incorporate sustainable design elements and innovative technologies into the project so that numerous buildincomponents may earn the devselements in design and construction that are sufficient to meet the requirements for sev(7) LEED Prerequisites and twenty-six (26) LEED credits. The developer agrees to use


the

shers, refrigerators, ceiling fans, ventilation fans (including kitchen and bathroom fans), programmable thermostats (in the

the r an

st r

ill

ore

commercially reasonable efforts to achieve additional LEED credits which would qualifythe building for certified levels.

For residential developments, the developer agrees that all of the following types of appliances, fixtures, and/or building components used in the project shall have earnedU.S. EPA’s to include Energy Star label: appliances and fixtures, to include but not limited to the following items: clothes washers, dishwa

residential units), light fixtures (residential halls and common areas), and exit signs. To further enhance energy efficiency, the developer shall choose two of the types of components listed and all of those two types of components installed or used in the project shall be Energy Star qualified: programmable thermostats (in residential units); residential light fixtures; windows and doors; and HVAC systems. The developer shall submit to the County Manager a statement listing all Energy Star qualified components prior to issuance of the Core and Shell Certificate of Occupancy. These items will work toward achieving Credit 1 under the Energy and Atmosphere standard on the LEED Scorecard (Optimize Energy Performance) in the Energy and Atmosphere standard on LEED Scorecard regardless of whether or not such action would fully qualify foadditional LEED point.

The developer further agrees to submit, to the County Manager, a preliminary plan, which outlines the LEED strategy, prior to the issuance of the Demolition Permit and to submit a final report prepared by the LEED consultant and documentation upon requeto substantiate the report (relative to 26 LEED credits) prior to the issuance of the MasteCertificate of Occupancy. Such report will be submitted prior to issuance of the following permits or certificates of occupancy for construction of the project and wsummarize the efforts to date of the inclusion of the sustainable elements within the project: • Demolition Permit • Excavation, Sheeting and Shoring Permit • Footing to Grade Permit • First Above Grade Building Permit • Final Building Permit • Shell and Core Certificate of Occupancy • Certificate of Occupancy for occupancy of the last floor of space • Master Certificate of Occupancy

In addition, prior to issuance of the first Certificate of Occupancy after the Shell and CPermit, the developer will have its LEED consultant submit a certification to the County Manager that the elements to earn the above specified numbers of points have been included in the buildings.


and

ranting of the easements. Granting of the public use and access easements shall be completed prior to the issuance of the first certificate of occupancy of

he

71.

72.

all include, but not be limited to:

s and

c. Evidence that the developer has a contract with the towing contractor that requires

73. he developer agrees to install speed bumps adjacent to the top of garage exit ramps at

ilding plans approved by the County Manager. The garage doors shall be set back from the sidewalk a minimum distance of six (6) inches.

70. The developer agrees to grant permanent public use and access easements, in a form acceptable to the County Attorney and County Manager, to the County Board of Arlington County providing for public use and access to the vacated portion of North Vermont Street between North Glebe Road and North Fairfax Drive, including, but not limited to, both street and sidewalk, and on-street parking. The final location of the easements may change with the preparation of the final building plans. The developer agrees to construct and landscape these areas, as shown on plans dated January 11, 2006 and made a part of the public record on January 21, 2006. Final landscape designinstallation shall be approved by the County Manager as part of the final site development and landscape plan. Construction and landscaping of these areas shall be completed prior to the g

the building. The easements shall be granted by deed, in form and substance acceptable to the County Manager, and shall be recorded among the land records of the Clerk of tCircuit Court of Arlington County. The developer shall be responsible for maintaining these areas.

The developer agrees to deliver all refuse, as defined by the Arlington County Code, to an operating refuse disposal facility designated by the County Manager. The developer further agrees to stipulate in any future lease or property sale agreements that all tenantsor property owners shall also comply with this requirement.

The developer agrees to have, as a part of its parking management plan, provisionsrelating to the towing of impermissibly parked vehicles. Such provisions sh

a. Requirements for signage at the developer’s parking lot(s) providing notice of all

applicable parking restrictions enforced by towing, the location of the towing contractor(s)’ impoundment yard, and the name and telephone number of the developer’s on-site representative responsible for towing-related complaints, awell as the telephone number of the Arlington County Office of Citizen Consumer Affairs;

b. Disclosure by the developer and its towing contractor(s), at the developer’s parking lot(s), of all fees and charges for towing; and

the towing contractor to clearly display all fees and charges for towing.

Tlocations where ramps abut the pedestrian sidewalk, in order to slow vehicular traffic prior to vehicles crossing the sidewalk. The locations of the speed bumps shall be shown on the site engineering and bu


74.

developer

76. f the

the construction of the developer’s project, as approved by this site plan amendment, to be constructed at 4420 N. Fairfax Drive

n on Attachment A to the County Manager’s report to the County Board.

n

g

Mezzanine passageway from entrance escalators/stairs to demarcation line at the beginning of the curve, as shown on

e

, net,

zzanine passageway to surface elevators and the escalators;

The developer agrees to develop procedures, subject to approval of the County Manager,whereby uniformed Arlington County Police will be authorized to enter the parking areas for purposes of enforcing compliance with County ordinances and state laws applicable to resident’s motor vehicles.

75. The developer agrees to install and maintain in operable condition, in a manner

acceptable to the County Manager, an internal antenna/amplifier system that permits public safety radio communications to transmit in the 806-825 MHz frequency and to receive in the 851-870 MHz frequency from all areas within the building. The agrees to provide documentation in the approved electrical engineering drawings that adequate accommodations have been made in the building to meet this requirement.

A. The developer agrees to design and, as provided herein, construct portions oBallston-MU Metrorail Station (“Station”) West Entrance Project (the “West Entrance Project”) concurrent with

(for the purposes of this Condition the "Fairmont Building") and in accordance with the concept plan for the West Entrance Project, as developed by the Washington Metropolitan Area Transit Authority (“WMATA”) and show

The West Entrance Project consists of the following component features as showon Attachment A: 1. Entrance escalators (heavy duty) and stairs on the southwest corner of the

intersection of Fairfax Drive and Vermont Street; 2. Underground entrance mezzanine and payment area at the bottom of the

entrance escalators/stairs, including, but not limited to, fare vendinmachines, fare gates, and kiosk;

3. Underground mezzanine passageways below the south side of Fairfax Drive: a.

Attachment A; and b. Mezzanine passageway from demarcation line to west servic

room exterior wall, as shown on Attachment A; 4. New ancillary rooms supporting station operations, including, but not

limited to, the following functions: communications and telephone roommen’s and women’s toilet rooms, cleaner’s room, fire equipment cabielectrical room, and machine room for the two nearby me


t zzanine

passageway where it enters the Station;

B. The portion of the work for the West Entrance Project that the developer agrees to

red

ibility of the proposed construction, as reasonably determined by and agreed to in writing as acceptable by WMATA, across all technical

integration (hereafter referred to jointly as the “Work Part 1”). 2. Detailed design, engineering and construction of the concrete shell (i.e., no

n of the West Entrance Project from the end of

, as shown on Attachment A. Such portion of the West Entrance Project (hereafter referred to jointly as the “Work Part 2”)

all ,

A above. The boundaries of Work Part 2 are shown in Attachment B. More specifically, such Work Part 2 shall include, but

f

e

5. Two (2) elevators from the underground mezzanine passageway to the surface street level adjacent to the developer’s building, and related mechanical room;

6. Modified train room inside the train tunnel, including a new common mezzanine at the west end of the train tunnel;

7. New mechanical room immediately outside the west end of the station athe intersection of the south wall of the Station and the new me

8. Any needed modifications, to be determined during the design phase and approved by WMATA, to the existing mechanical room and ventilation chases adjacent to the west end wall of the train tunnel;

9. One (1) stairway from each side of the train platform to the new common mezzanine for a total of two (2) new stairways in the train tunnel; and

10. One (1) elevator from each side of the train platform to the new common mezzanine for a total of two (2) station elevators in the train tunnel.

perform shall consist of the following two parts:

1. Planning, preliminary engineering, and design of component features 2 through 10, as listed in Paragraph A above, to a level of detail consideto be an average of 35%, and /or to a level of design which confirms the feas

disciplines, including, but not limited to, architectural, structural, site civil, electrical, mechanical, plumbing, communications, and systems

fixtures or finishes) portiothe previously constructed escalator wellway (as referenced in Paragraph A.1 above) to the beginning of the demarcation line at the beginning of the curve of the passageway

shall consist of the concrete shell (i.e., no fixtures or finishes), which shbe used by others to house component features A.2, A.3.a, A.4, and A.5as listed in Paragraph

shall not be limited to, the following: a. Structure below grade: concrete slab on grade – mat foundation,

concrete foundation wall, concrete interior walls, concrete rooslab with stray current protection, and elevator shaft structure;

b. Roofing and waterproofing: foundation perimeter drain tile, under slab drainage, horizontal waterproofing, and vertical drainagboard;


)

communications, electrical, and mechanical structures/systems, as

n

y

ce with WMATA’s design criteria, standards, and requirements, or as otherwise approved by WMATA in writing, and all other applicable

ral requirements. Work Part 1 shall be subject to the

rtation (“VDOT”).

ons

t

c. Vertical transportation: elevator jack holes; d. Mechanical system: mechanical, electrical, and plumbing (MEP

concrete rough in; and e. Electrical system: concrete rough in.

The developer shall construct the concrete shell (i.e., no fixtures orfinishes) with waterproofing and all imbedded conduits for

required by WMATA. The developer agrees to design and construct Work Part 2 in a manner to facilitate continuing future construction byothers of component feature A.3.b as listed in Paragraph A above, and thedeveloper shall reasonably cooperate with such constructing party. WheWork Part 2 is completed, the developer shall temporarily seal all openings to the surface and subsurface in a manner as approved byWMATA.

C. The developer agrees to cause Work Part 1 and Work Part 2 to be performed by Clark Design/Build, LLC and STV Group, Inc. or, as determined by the developer, other contractors reasonably approved by WMATA.

1. The developer agrees to design Work Part 1 to a level of detail, reasonablacceptable to, and approved by, WMATA, which level of detail shall support detailed engineering design and shall provide for successful completion of Work Part 2. Work Part 1 shall be designed in strict accordan

local, state, and federeview and written final approval of WMATA.

2. The developer agrees to design and construct Work Part 2 in strict accordance with WMATA’s construction standards, specifications, and requirements, or as otherwise approved by WMATA in writing, and all other applicable local, state, and federal requirements. The developer shall obtain appropriate design and construction review by, and permits from, Arlington County as necessary for Work Part 2.

3. The developer shall be responsible for preparing and implementing an approved construction staging plan as required by the County.

4. The developer agrees to prepare and implement a traffic maintenance plan as required and approved by the Virginia Department of Transpo

5. The developer agrees, at its sole cost and expense, to restore, repair, and replace as needed and determined by VDOT, to VDOT standards, sectiof the Fairfax Drive roadway, sidewalk, relocated facilities, and the median that are removed or damaged due to the developer’s work pursuan


6. The developer agrees to prepare and implement an environmental plan as

developer agrees to obtain all necessary permits, licenses, and approvals from local, state and federal agencies, and agrees to pay any

ction

the County) by the County, upon presentation of documented vouchers.

final approval by WMATA. The developer shall provide to WMATA the

n documentation and any related test results; b. Construction record drawings and specifications;

f. Other records as reasonably and typically requested by WMATA

Work Part 2 shall be complete when the following approvals have been provided or issued by an authorized person of WMATA to the developer:

ptance from WMATA of final design drawings and construction documents for Work Part 2;

of

e A

record, for such documents that are

to this Condition #76 and in construction of the Fairmont Building, as shown on the final engineering plan.

required and approved by the Virginia Department of Environmental Quality (“VDEQ”).

7. The

necessary permit, license, and /or application fees or charges in connetherewith, which will be reimbursable or waived (where legally permissible and authorized by

8. The completion of Work Part 2 shall require the inspection and written

following documents, including but not limited to:

a. Constructio

c. Survey field notes; d. Applicable releases and vouchers; e. All fully executed “close out” submittals required by WMATA and

consistent with this Condition; and

and/or the County Manager for construction projects of this scope.

D. The developer agrees that, for the purposes of this Condition, Work Part 1 and

1. Letter of acceptance from WMATA of design drawings for Work Part 1; 2. Letter of acce

3. Inspection and written final approval and acceptance from WMATA Work Part 2;

4. Certification by WMATA of the receipt of all fully executed “close out” submittals required by WMATA and consistent with this Condition; and

5. Certification by WMATA that the “close out” procedures have been completed.

At the beginning of Work Part 2, the developer agrees to identify, to WMATA and to the County, the developer’s engineer of record who shall certify and sealthe permit drawings of Work Part 2, to be submitted to WMATA. Uponcompletion of Work Part 2, and/or upon WMATA’s or the County’s request, thdeveloper shall provide promptly to WMATA, in formats designated by WMATand sealed by the developer’s engineer of


customarily so sealed, all construction documents, drawings, and specifications

ated as ly

t, concurrent with this site plan amendment as described in Condition #78. The remaining portions of Work Part 1 and Work Part 2 are

n portions of real estate owned by VDOT. The developer’s obligations under this Condition # 76 will require the approval of VDOT to allow

OT

shall diligently pursue such approval promptly following approval of this site plan hin 180

o

acceptance by VDOT of a completed application from the developer requesting such approval, then upon receipt and

from the developer of:

ications,

ator Easement, the Elevator Access Easement, and the Tunnel Easement described in Section F of this Condition #76;

The developer shall be relieved of its obligations to design and construct Work

F. he improvements constructed pursuant to

the Work Part 2 until all the requirements of Paragraph D of this Condition are such easements and conveyances as described in, and

consistent with, Paragraphs F and H of this condition are accepted. In no event,

ents

concerning Work Part 2.

E. Portions of Work Part 1 and Work Part 2 shall be designed and constructed, respectively, to exist within portions of real estate more specifically designthe parcel known as Parcel “C” Property of Dominion Investments, Inc. (currentowned by JBG/Fairfax Drive, LLC) and the portions of North Vermont Street proposed to be vacated as described in the Ordinance of Vacation for North Vermont Stree

proposed to exist withi

construction of the Work Part 2, and all activities incidental thereto, within VDproperty. The developer agrees to use best efforts to obtain such approval and

amendment. Despite such best efforts, if such approval is not obtained witdays after the submission by the developer to VDOT, and the acceptance by VDOT, of a completed application for such approval, then the developer agrees tdemonstrate such best efforts to the County and to work with the County to diligently pursue such approval. Despite such efforts, if such approval is not obtained within 365 days after the

acceptance by the County

1. $10,866,253, minus any amounts approved by the County Manager as necessarily paid by the developer for Work Part 1 and Work Part 2;

2. all documents including, but not limited to, plans, drawings, speciftest results, and construction documents for Work Part 1 and Work Part 2; and

3. the Elev

Part 1 and Work Part 2.

The developer shall retain ownership of t

fully satisfied and until

however, shall the developer bear any obligation to inspect, maintain, repair, replace, or improve such improvements after completion of all the requiremof Paragraph D of this Condition and the issuance of the final Certificate ofOccupancy (“CO”) for the Fairmont Building.


e WMATA

Board of Directors, the developer shall grant and convey to WMATA for

upon, under, over and across portions of the property of JBG/Fairfax h property is further described as RPC# 14051019 (the

“JBG Property”), to construct, operate, maintain, repair, replace, relocate

t

e and clear of all liens and encumbrances; specifically to WMATA or

itted to the County, indicating that such Elevator Easement is acceptable to, and approved by, WMATA. The final location,

by the developer among the Land Records of the Clerk of the Circuit Court of

2. e developer shall grant and convey to WMATA for use by

the public at-large, for the sum of One Dollar ($1.00), a permanent

ich shall be a perpetual, assignable and non-exclusive easement and right-of-way in, upon, and across portions of the JBG

ted by

deed, in substance acceptable to WMATA and in a form acceptable to

nance of Vacation for North Vermont Street; and acceptable, in all respects, to WMATA as evidenced

A. The final location, width, and dimensions of such easement shall be acceptable to, and approved by,

asement shall be recorded by the developer among the Land Records of the Clerk of the Circuit Court of Arlington County.

to Paragraph D of this Condition, and subject to approval of the WMATA

1. At such time as WMATA approves completion of Work Part 2, pursuantto Paragraph D of this Condition, and subject to approval of th

use by the public at-large, for the sum of One Dollar ($1.00), a permanent easement for passenger elevators (the "Elevator Easement"), which shallbe a perpetual, assignable and exclusive easement and right-of-way in,

Drive, L.L.C. whic

and remove passenger elevators and appurtenant facilities (including electrical and mechanical equipment) serving the Station. Such easemenshall be granted by deed, in substance acceptable to WMATA and in a form acceptable to WMATA. The Elevator Easement shall be granted fre

WMATA's designee; and acceptable, in all respects, to WMATA asevidenced by a certification to be obtained by the developer from WMATA, and subm

width, and dimensions of such easement shall be acceptable to, and approved by, WMATA. Such easement shall be recorded

Arlington County.

In addition, th

easement for access to such passenger elevators (the “Elevator Access Easement”), wh

Property to access, maintain, repair, replace, relocate and remove thepassenger elevators. The Elevator Access Easement shall be gran

WMATA. The Elevator Access Easement shall be subordinate to the easement rights of the County conveyed by the developer to the County for public utilities as a condition of the Ordi

by a certification to be obtained by the developer from WMATA, and submitted to the County, indicating that such Elevator Access Easement is acceptable to, and approved by, WMAT

WMATA. Such e

3. At such time as WMATA approves completion of Work Part 2, pursuant


A for e, for the sum of One Dollar ($1.00), a permanent

underground easement for the pedestrian tunnel (“Tunnel Easement”),

ilities serving the Station, and all related facilities, which tunnel and facilities, will be located underground. The

ent, and

ignee; and acceptable, in all respects, to WMATA as evidenced by a certification to

by,

not have been discovered by diligent investigation of the site; or delays caused by strikes, lockouts, war, acts of public

,

76,

the h

Board of Directors, the developer shall grant and convey to WMATuse by the public at-larg

which shall be a perpetual, assignable and exclusive subsurface easement and right-of-way in, through and under a portion of the JBG Property, to construct, operate, maintain, repair, replace and remove a pedestrian tunnel and appurtenant fac

Tunnel Easement shall be granted by deed, in substance acceptable to WMATA and in a form acceptable to WMATA. The Tunnel Easemamong other things, shall be: granted free and clear of all liens encumbrances; specifically to WMATA or WMATA’s des

be obtained by the developer from WMATA, and submitted to the County,indicating that such Tunnel Easement is acceptable to, and approvedWMATA. The final location, width, and dimensions of the Tunnel Easement shall be acceptable to, and approved by, WMATA and the County. The Tunnel Easement shall be recorded by the developer among the land records of the Clerk of the Circuit Court of Arlington County.

G. The developer agrees to complete the Work Part 1 and Work Part 2 as provided herein prior to the issuance of the First Certificate of Occupancy (“CO”) for any unit above the 13th floor of the Fairmont Building; however, the County Manager may approve the issuance of COs for floors above the 13th floor if he finds that: the delays are due to unreasonable delays by WMATA in issuing approvals, beyond the time WMATA usually takes for such approvals; or, the discovery of unforeseen site conditions that would

enemy, civil unrest, rioting, or fire not caused by the contractor, any subcontractor or the developer, or acts of God; or other unforeseen circumstances beyond the contractor’s, any subcontractor’s or the developer’s reasonable control; and the developer has not caused any such delays, in whole or in part. Upon such findingthe Manager may issue such COs for no more than half the occupiable space above the 13th floor, if he also finds that the developer is diligently pursuing completion of the work in accord with all requirements of this Condition #including constructing the West Entrance Project as designed and approved by WMATA.

H. 1. The developer agrees that if the WMATA General Manager, or his

designee, within one hundred and twenty (120) days after receipt bydeveloper of the last of the letters and certifications described in ParagrapD of this Condition, notifies the developer that WMATA will not accept ownership of the Work Part 2 and title to the real estate interests described in Paragraph F of this Condition, then thereafter the County Manager, on


al,

om the developer to the County Board, on an interim basis, until the WMATA Board accepts ownership of the Improvements and title

2. The County Manager may enter into such an agreement or agreements,

ens, eatened

or affecting the Improvements, the design, construction, operation or maintenance thereof, or the Real Estate

ntly and

construction, operation, performance and maintenance of the Improvements and the work related to the completion thereof;

yed or

s, encumbrances, rights of third parties, pending or threatened

behalf of the County Board and conditioned upon County Board approvmay enter into such agreement or agreements between the developer andthe County Board, and between the County Board and WMATA, by which title to the Work Part 2 (“Improvements”) and real estate interestsdescribed in Paragraph F of this Condition (“Real Estate Interests”) is to be conveyed fr

to the Real Estate Interests. Such agreement or agreements shall be conditioned upon County Board action(s) accepting ownership of suchImprovements and title to the Real Estate Interests.

provided that he finds that:

a) The contractor constructing the Improvements has satisfied all contractual obligations to the developer and others;

b) The developer has met its contractual and other obligations to WMATA, the WMATA “closeout” requirements have been met, and the “closeout” process completed;

c) There are no outstanding, unsatisfied, unresolved or inchoate liclaims encumbrances, rights of third parties, pending or thrlawsuits in, regarding,

Interests; d) The County accepting and holding ownership and title to the

Improvements and Real Estate Interests is acceptable to the CountyBoard, and the deed(s) and agreements are approved as to form by the County Attorney;

e) The duration of the ownership of the Improvements by the County is acceptable to the County Board;

f) There exist appropriate enforceable bonds, warranties, guarantees, security, indemnities, certificates, affidavits, releases, contractual rights, contractual benefits, and “closeout” submittals (joi“Protections”) from the developer and others, running to benefiting the County Board, relating to the engineering, design,

g) The Protections have or will be assigned, transferred, conveavailable to the benefit of the County Board, the County, its electedand appointed officers, officials, employees, agents and contractors, as appropriate;

h) The developer has submitted to the County, acceptable monetary security or surety to protect the County Board against liens, claim


y

r

lfare, and the expenditure of public funds are protected.

on,

The County Manager is authorized to make changes or revisions to the scope of

ed is

oper’s

t ct

y, rmined by WMATA and the County, for WMATA and the County to

complete the West Entrance Project in the future.

77.

b

e

bly withheld. The developer further agrees that prior to approval of the Excavation, Sheeting and Shoring

contracted, and such bid shall include bids from at least three (3) subcontractors each for the major components of the Work Part 2. The developer

n 5 days

c. The developer agrees that the “Preliminary Total Cost” of the Work Part 1 and the

lawsuits, liability, losses, damage, costs, expenses and attornefees, arising out of the matters described this Condition;

i) There are no liens, claims, encumbrances, rights of third parties, olawsuits which may arise in the future which have not been addressed by the Protections; and,

j) The public health, safety, we

3. Such agreement or agreements shall be subject to, and conditioned up

approval thereof as to substance by the County Manager and County RiskManager, and approval thereof in substance and form by the County Attorney.

I.the Work Part 2 as may be necessary to reduce the cost of such work as providin Condition # 77.d. The developer agrees that, if the scope of the Work Part 2changed or revised pursuant to Condition #77 or otherwise, then the develobligations to dedicate and convey the property interests, described in this Condition, to WMATA and others shall remain in full force and effect, except tothe extent specifically modified by the change in scope of work. If the scope of the Work Part 2 is so changed or revised, or if the developer is relieved, pursuanto Section E of this Condition #76, of the developer’s obligation to construWork Part 2, then the developer, at such time, promptly shall grant to WMATA and others all temporary construction and temporary access easements necessaras dete

a. The preliminary budget for the Work Part 1 and the Work Part 2 (as defined in

Site Plan Condition # 76 above) is $13,593,520 (the “Preliminary Budget”).

. The developer agrees that prior to approval of the Excavation, Sheeting and Shoring Permit, the Developer shall obtain the County Manager’s approval of thform of a construction contract for the Work Part 2 to ensure that such contract will reasonably protect the County’s interests as set forth in this site plan condition, which approval shall not be unreasona

Permit, the developer shall obtain a construction bid for the Work Part 2. Suchconstruction bid shall contain a breakdown for all components of the Work Part 2 to be sub

further agrees to submit the construction bid to the County Manager withiof receipt.


d. If, within 60 days of delivery of the construction bid to the County Manager as

st of

n 60 days of delivery of a new construction

bid as provided in Par 77.d. above, the County Board appropriates funds in an

ount, and if such appropriation expressly provides that such appropriated funds shall be used to reimburse the

se deems appropriate. In such event, and upon receipt by the County of such

funds, Site Plan Conditions # 76 and # 77 shall be automatically void and of no

ate

ty e

Part 2 and the contracted cost of such work. Invoices should be sent to the attention of:

2100 Clarendon Boulevard, Suite 900

Work Part 2 shall be determined by adding $5,451,520 to the amount of the bidprice for the construction of the Work Part 2.

provided in Par. 77.b. above, the County Manager approves a material adjustmentto the scope of the Work Part 2 to reduce construction costs, then the developer agrees to re-bid the Work Part 2 pursuant to Par. 77.b. above, and then submit the new bid to the County Manager. The County Manager is authorized to make changes to the scope of the Work Part 2 as may be necessary to reduce the cosuch work.

e. If, within 90 days of delivery of the initial construction bid as provided in Par.

77.b. above, or, as applicable, withi

amount that is at least equal to the Preliminary Total Cost plus a construction contingency equal to at least 10% of the bid am

developer for the actual cost of the Work Part 1 and the Work Part 2, then the developer agrees to proceed with the Work Part 1 and Work Part 2 and seek reimbursement from the County as provided in Par. f. below. If the County Boarddoes not act to appropriate funds as provided herein, or has otherwise acted to cancel the project, then the developer agrees to contribute $10,866,253 to the County, minus any amounts approved by the County Manager as necessarily spent in preparing to do the Work Part 1 and the Work Part 2. The developer agrees that such contribution will be made prior to issuance of the first certificate of occupancy for the first residential unit in the new building (4420 N. Fairfax Drive). The developer agrees that the County may use such funds for any purpoit

further force or effect. In addition, the developer agrees that in such event the developer will convey to the County and/or WMATA, as applicable, the “Real Estate Interests” as defined in Condition # 76.H.1. prior to issuance of a certificof occupancy for any space above the 12th Floor of the “Fairmont Building” as defined in Condition # 76.F.

f. If, as provided herein, the developer proceeds with the Work Part 1 and the WorkPart 2, then the developer agrees to deliver written invoices to Arlington Counon a monthly basis describing the work performed during such period toward thcompletion of the Work Part 1 and the Work

Paul Culver Management & Budget Analyst Department of Environmental Services


er shall invoice the County as provided herein until such time as (1) the Work Part 1 and the Work Part 2 is complete (as defined in Site Plan

the Cost

l Cost, plus the cost of any change orders to the approved construction contract; provided, however,

by Arlington County or a scope of work change from Arlington County; (B) an unforeseen construction condition that could not

weather condition the risk of which the contractor/subcontractor does not bear under the construction contract; or (D) under-cutting below designed sub-grade and replacement of undercut material that was not caused by the failure to perform the work properly;

ical finds; and (2) Such change order must have been approved by the County

l by

Where the developer and the County are in dispute concerning a portion of the

County to resolve such dispute and the County’s failure to pay such invoice in full because of such dispute shall not result in the avoidance of the developer’s

developer’s understanding and expectation that the County shall pay such invoices within 30 days of their receipt except when a dispute exists. Except in

er of unty’s failure to make timely payment, which notice and 30 day period

provide an opportunity for the County to cure, the outstanding amount of the d.

d to

the developer’s total contribution obligation as set forth in Par. g. below shall be

Arlington, Virginia 22201 The develop

Condition #76.D.); (2) ownership of the improvements constructed pursuant toWork Part 2 has been transferred from the developer; and (3) the Total Final of the Work Part 1 and the Work Part 2 has been paid. For purposes of this condition, the Total Final Cost shall be the Preliminary Tota

that such change orders must meet both of the following criteria: (1) Such change order must result from either, (A) a scope of

work/programming change from WMATA that has been approved

have been reasonably foreseen through the due diligence of the developer, the contractor or subcontractor; or (C) an extreme

(E) environmentally hazardous and contaminated materials not brought to the site by and not made worse by the contractor, any subcontractor or the developer; or (F) archaeolog

Manager prior to its approval by the developer, which approvathe County Manager may not be unreasonably withheld.

developer’s invoice, the developer agrees to reasonably cooperate with the

obligation to proceed with the Work Part 1 and the Work Part 2. It is the

the event of a good faith dispute as provided above, if the County fails to make timely payment of any such invoice to the developer as described herein, then, after receipt by the County of 30 days prior written notice from the developthe Co

unpaid invoice shall accrue interest at a rate of 12% per annum until it is paiNotwithstanding the aforesaid, should an invoice by the developer exceed the original appropriation by the County Board, the County shall not be obligatepay that invoice within thirty (30) days, but shall pay such invoice within 60 days of receipt. If an invoice remains unpaid for a period of 180 days after notice, then


ction . below shall

apply for each such invoice the County fails to pay, up to a total of three invoices.

ty

y

shall be paid to the County prior to the issuance of the Footing to Grade Permit;

to the County prior to the issuance of the Certificate of Occupancy for the first residential unit;

e

h. The developer further agrees that within thirty (30) days following the sale of the

ect by

ents approximately 32.6% of the total residential area in the project. To the extent, if any, that such average

within sixty (60) days following the sale of the last residential unit.

reduced by one-third. Such process of interest payments followed by a reduin the developer’s total contribution obligation as set forth in Par. g

In the event the County fails to make timely payment of a fourth such invoice then the developer shall bear no further responsibility or obligation to the Counto proceed with the Work Park 1 and the Work Part 2.

g. If Work Part 2 proceeds, the developer agrees to pay $10,866,253 to the Count

as follows: (1) $38,852 shall be paid to the County prior to issuance of the Clearing, Gradingand Demolition Permit;

(2) $75,000 shall be paid to the County prior to issuance of the Excavation, Sheeting and Shoring Permit;

(3) $455,315

(4) $455,315 shall be paid

(5) $3,583,710 shall be paid to the County prior to the issuance of the Certificatof Occupancy for the first residential unit above the 12th Floor; and (6) $3,583,710 shall be paid to the County prior to the issuance of the Certificate of Occupancy for the first residential unit on the 23rd Floor. (7) $2,674,351 shall be paid to the County in accordance with the requirements identified in the Vacation report dated January 5, 2006. The developer agrees that if the actual total cost of the Work Part 1 and the Work Part 2 is less than $10,866,253 then the developer shall nevertheless contribute atotal of $10,866,253 pursuant to the schedule above.

last residential unit in the new project (4420 N. Fairfax Drive), the developer will submit to the County a certified accounting of the average initial sales price of all residential units in the project on a per net square foot basis, determined by dividing the total revenue attributable to the residential portion of the projthe total residential net floor area sold in project. The 79,638 square feet of additional density provided in the new project repres

sales price exceeds $625 per net square foot, then the developer shall pay to the County one-third (1/3) of that portion of the residential sales revenue attributable to the additional density that is realized by the amount that such average sales price exceeds $625 per net square foot. [For example, if such average sales price is determined to be $655 per net square foot, then the developer would contribute $3.23 per net square foot used by the developer in calculating its total residential sales revenue to the County (i.e. $655 - $625 = 30; 30 x 32.6% x 33% = $3.23)]. Such payment shall be paid to the County


78. nt Street and certain public street and utilities easements. The developer agrees to obtain

his site plan amendment approval shall be null and void and of no force or effect.

79.

elevators, subject to written approval of the ownerships of the Arlington Gateway hotel, office building, and Continental

to

80.

truct a raised median/channelization structure to separate Fairfax Alley vehicles from exiting Continental traffic as shown on the final site

,

al, a loper

, Unit Owners Association of The Continental, a Condominium,

vehicles are traveling in Continental Alley, the developer

he

This site plan approval is conditioned upon the vacation of a portion of North Vermo

approval of an ordinance of vacation and meet all conditions for vacation before issuance of the first Certificate of Occupancy for the building. Unless all conditions of such approved ordinance have been met by January 21, 2009, t

The developer agrees to provide three (3) parking spaces for residents of the Continentalin the existing Arlington Gateway garage immediately adjacent to the Continental’s garage and with direct access to the Continental’s

condominium and subsequent execution of all required documents. If such approval cannot be obtained, then the developer agrees to obtain administrative change approval construct and provide these spaces in the residential building’s garage on the Fairmont property, in the location shown on the plans dated January 11, 2006.

The developer agrees to install a sign limiting access to authorized vehicles only, three (3) speed bumps, a gate arm, and a stop signal in Continental Alley in order to slow vehicular traffic in proximity to the egress point of the Continental’s garage. The developer further agrees to cons

engineering plan approved by the County Manager. The speed bumps, with gate armstop signal, and sign shall be located as shown on the plans dated January 11, 2006 and as shown on the site engineering and building plans and approved by the County Manager. The developer agrees to install the sign, median/channelization structure, speed bumps, gate arm, and stop signal within 90 days of written approval by the condominium homeowners association (called “The Unit Owners Association of The Continental, a Condominium). If The Unit Owners Association of The ContinentCondominium does not furnish written approval by January 21, 2009, then the deveshall have no obligation to install the sign, speed bumps, gate arm, or stop signal. The developer agrees to perform a study of traffic counts and traffic assignments in Continental Alley between six and twelve months after the later of 1) installation of the above described speed bumps, gate arm, and signal and 2) issuance of a certificate of occupancy for any part of the top floor of the Gateway hotel. The developer shall furnish the results of this study to the County Manager and to the The Unit Owners Association of The Continental, a Condominium. If the County Manager determineswith input from the Thethat significant unauthorized agrees to work with the above parties to develop additional measures to reduce or eliminate such unauthorized traffic.

Alternatively, if the egress easement agreement described in Condition #87 is granted, the developer and The Unit Owners Association of The Continental will review t


es) the

tal’s building wall. If the two parties agree, the parties will work together to easures that would prevent traffic and improve this area for pedestrians by

eans of bollards and landscaping. The developer shall submit this design to, and obtain inistrator as part of the final site

lan, or, if such plan has already been approved, submit this s lopment and landscape plan within six months ent. Installation of landscape revisions approved to close the

months of approval, or as otherwise sting access rights rtion of the Alley to

ed, by means of an administrative change request.

81. , a

00 for the purchase and installation of additional bicycle racks e uest n

e

82.

t e

3. r agrees to construct a covered ramp over the garage, to include plantings,

s

spaces) located adjacent to the north side of the Continental

advisability of closing to traffic (other than any necessary access by emergency vehiclthe portion of Continental Alley between the Ellipse garage ramp retaining wall and Continendesign mmapproval of the design from, the Zoning Admdevelopment and landscape pde ign as a revision to the final site deveof the grant of such easemalley to traffic shall be completed within six approved by the County Manager. The developer shall retain any exi

nd may request to reopen this poto this portion of Continental Alley atraffic, based on demonstration of neThe developer agrees to comply with the first paragraph in this condition if the Alley is open to traffic, other than for necessary emergency vehicles.

The developer agrees to reimburse The Unit Owners Association of The ContinentalCondominium up to $10,0for the Continental, within 30 days of receipt of invoices or other documentation of thcost and actual performance of such work. If the developer does not receive such reqand documentation prior to the issuance of the Certificate of Occupancy for any unit othe top floor of the building, the developer have no further responsibility to reimburse thContinental for the purchase or installation of additional bicycle racks.

The developer agrees to perform a traffic study that compares the projected calculations and traffic assignments and the actual traffic counts and traffic assignments of the projecas a whole and of each individual building within the portion of the Arlington Gatewaysite plan that is located east of North Glebe Road. This study shall be performed, and thresults and recommendations addressing traffic safety and congestion issues, including safety improvements and trip reduction strategies, submitted to the Zoning Administrator, within six months after the date of issuance of the Certificate of Occupancy for any occupancy of the top floor of the last building east of North Glebe Road in the Arlington Gateway site plan.

The develope8as shown on the landscape plan dated January 11, 2006, provided that written approval iobtained from The Unit Owners Association of The Continental, a Condominium with a copy delivered to the Zoning Administrator by March 1, 2006, or as otherwise extended by the developer. If written approval is not obtained by May 1, 2006, then this condition shall be null and void.

84. The developer agrees to transfer to The Unit Owners Association of The Continental, a

Condominium control over the four easternmost parking spaces (revised to one standardand two handicapped


AssociaAdmin floor ofobtaine r of the Fai North Fairfax Drive), than this condition shall be null and void.

85. The de sible as per the ANSI

code). The locations and sizes of these units shall be generally representative of all the

be prov the initial purchaser of these units, to construct any or all of these five units to the Type A design

se ept

ial purchasers do not request the Type A design, the developer shall construct the units to the

t purchasers for these units who require Type A accommodations, prior to the acceptance of any reservations or contracts to sell any units

ndition

86.

nd intent of this approval, and that adjust the manner of compliance, such as extending

linManagextraorfinds th

87. The de ffice

BuildinGlobal e of a Certificate of Occupancy for any part of the top floor of the NRECA 2 building, or JanuaryBuildin ithin this period, an egress easement over the Ellipse Office Building’s internal access road to North Fairfax Drive in order to permit use by the

condominium provided that written approval is obtained from The Unit Owners tion of The Continental, a Condominium, with a copy to the Zoning

istrator, prior to issuance of the certificate of occupancy for any unit on the top the Fairmont building (4420 North Fairfax Drive). If written approval is not d prior to issuance of the certificate of occupancy for any unit on the top floormont building (4420

veloper agrees to design five (5) units as Type A (acces

units in the building in terms of size and location, and shall be shown on the drawings to ided pursuant to Condition #10. The developer will offer, in writing, to

and, if the owner requests, to so construct the units. The developer agrees to market theunits to purchasers who require Type A accommodations and further agrees not to accany reservations or contracts for these units by purchasers who do not require Type A accommodations before demonstrating to the Zoning Administrator that reservations or contracts for all other units in the building are accepted. In the event that the init

Fair Housing Act standard (Type B) required of all of the other units in the building. The developer agrees to work with to develop, and obtain the approval of, the Disability Advisory Commission, the Housing Commission, and the County Manager, a marketing strategy and materials to attrac

in the building. The developer shall include the information contained in this coin its marketing materials as part of the sales process of the condominium project.

With respect to the design and construction of the Western Entrance Metro improvements, as such improvements are described in Condition #76, administrative modifications to the conditions of this approval that are consistent with the purpose a

time es and making minor adjustments to locations, may be approved by the County er if the developer demonstrates that said modifications are required due to dinary considerations beyond the developer’s control and if the County Manager at such modifications are consistent with the purpose and intent of this approval.

veloper agrees to hold open its monetary offer to the owner of the Ellipse Og, as stated in the November 9, 2005 letter from The JBG Companies to Miller

Properties, for a period not to exceed one year from the date of issuanc

21, 2009, whichever is earlier. In the event that the owner of the Ellipse Office g does not grant, w


Arlington Gatcondition shall

88. In the event th

Building refere specified time period, the developer agrees to coop ric Cooperative Association/NRECA) to widen the shared access service drive between the Arlington Gate y Ho ic between North Glebe e. The developer shall pe ations to the curb, sidewalk, and associated improvements ated shared service drive b unty Manager. The dev per sidewalk and aeasement agreeshared service easements refe ecified, within the time pe spcondition shall

89. The dev per nit

Owners Assoc the Fairmont Board of Directo d by the County e issuance of the .

90. In the event tha

Fairmont’s gar n these conditi , incto reflect the foreducti thparking spaces s to 263 spaces, and a reduction in the number of retail parking spaces to 4 spaces.

eway Hotel truck traffic, then the developer’s obligation under this become null and void.

at the developer has obtained the easement from the Ellipse Office nced in Condition #87 within the

erate with the adjacent property owner to the east (National Rural Elect

wa tel and NRECA II Office Building to permit two-way traffRoad and the NRECA II loading dock/parking garage entrancrmit surface modific

loc on the hotel property in order to facilitate two way traffic in theetween the two properties, as approved by the Co

elo shall not be responsible for the costs of such modifications to the curb,ssociated improvements. The developer agrees to amend the private ment between the developer and NRECA concerning shared use of the drive to reflect modifications to the driveway. In the event that therenced in Condition #87 have not been obtained as sp

riod ecified in Condition #87, then the developer’s obligation under this be null and void.

elo agrees to fund a Traffic Calming Account to be administered by The Uiation of The Continental, a Condominium and

rs to address future traffic calming initiatives within the site plan area as approveManager. The contribution shall total $10,000 and be funded prior to th Shell and Core Certificate of Occupancy

t the County Board adopts Option A relative to the relocation of the age entrance to Vermont Alley, all references contained i

ons luding, but not limited to Conditions #49, #62, and #63, shall be modified llowing: an increase in the residential GFA to 237,310 square feet, a

on in e retail GFA to 7,088 square feet, a reduction in the total number of to 277 spaces, a reduction in the number of residential parking space


PREVI S C Site Plan #331

OU OUNTY BOARD ACTIONS:

April 6, 1963

May 9, 1970

July 29, 1978

November 25, 1980

t District” , and a

eptember 10, 1983 -83-2) for an automobile

ar

April 1, 1996 an

July 20, 1996

a

July

Novem

d, and

November 16,

Approved a use permit (U-1541-63-1) for a public garage at 905 North Glebe Road and 928 North Vermont Street, subject to conditions.

Approved a use permit (U-1838-70-1) for a public garage at 901 North Glebe Road, subject to conditions.

Approved a rezoning from “C-2” to “C-O-2.5” for 901-941North Glebe Road, and from “C-3” to “C-O-2.5” for 801 North Glebe Road.

Approved a General Land Use Plan Amendment to “Coordinated Mixed Use Developmenrezoning from “C-O-2.5” to “C-O-A”, for 801 and 901-941 North Glebe Road.

S Approved a use permit (U-2395service station, subject to conditions and with a one yereview, at 901 North Glebe Road.

Took no action on a site plan request (SP #311), a site plamendment (SP #6), and a request to vacate a portion of North Vermont Street, to construct an office development.

Approved a site plan (SP #321) for a 123-car motor vehicle storage lot on a temporary basis, subject to conditions andone year review, at 801-941 North Glebe Road.

July 19, 1997 Continued a site plan (SP #321) for a 123-car motor vehiclestorage lot, subject to conditions and amended condition #3which continues the temporary use for two years to1999, at 801-941 North Glebe Road.

ber 14, 1998 Approved a new site plan (SP #331) for a mixed-use office,

retail, residential and hotel development consisting of two office buildings containing first floor retail, and one residential/hotel building, at 801-941 North Glebe Roathe intersection of North Glebe Road, North Fairfax Drive and North Vermont Street.

1999 Deferred a major site plan amendment (SP #331) request


fice building containing el

d

December 15, (SP #331) request

taining

intersection of North Glebe Road, North Fairfax Drive and

May 18, 2002

July 24, 2002 lan amendment to convert the

September 14, red a major site plan amendment to convert the

October 19, 20

December 7, 2 n amendment to convert the

April 26, 2003 Plan #133 into Site Plan #331, modify the approved hotel to reduce parking

June 17, 2003 orate Site Plan #133 into Site

ity calculations, and to

September 17, 2005 Deferred a request to incorporate Site Plan #6 into Site Plan

Octobe #6 into Site Plan

for a mixed-use office, retail, residential and hotel development consisting of one offirst floor retail, one residential building and one hotbuilding, at 801-941 North Glebe Road, and the intersection of North Glebe Road, North Fairfax Drive anNorth Vermont Street.

1999 Approved a major site plan amendment for a mixed-use office, retail, residential and hotel development consisting of one office building confirst floor retail, one residential building and one hotel building, at 801-941 North Glebe Road, and the

North Vermont Street.

Deferred a major site plan amendment to convert the approved hotel to residential use.

Deferred a major site papproved hotel to residential use.

2002 Deferapproved hotel to residential use.

02 Deferred a major site plan amendment to convert the approved hotel to residential use.

002 Deferred a major site plaapproved hotel to residential use.

Deferred a request to incorporate Site

and exclude GFA from density calculations, and toconstruct a new office building.

Approved a request to incorpPlan #331, modify the approved hotel to reduce parking and exclude GFA from densconstruct a new office building.

#331 and to construct a new residential building.

r 15, 2005 Deferred a request to incorporate Site Plan


#331 and to construct a new residential building. Site Plan #6 August 196 ”

to “C-O”. January 5, 196

August 5, 1970 Approved site plan amendment (Z-1620-62-2) to use two

July 29 C-O-

Novem O-A”.

Novem ll

Septem

Octobe n

Novem Plan

27, 2 Approved a rezoning (Z-1620-62-2) from “C-2” and “C-3

3 Approved a site plan (Z-1620-62-2) for a five-story office building with a gross floor area of 44,748 square feet.

floors for National Clinical Service Laboratories

, 1978 Approved rezoning (Z-1620-62-2) from “C-O” to “A”.

ber 25, 1980 Approved rezoning (Z-1620-62-2) from “C-O-2.5” to “C-

April 7, 1984 Approved site plan amendment (Z-1620-62-2) to add a

15,000 square foot addition to the front of the building and to upgrade the exterior.

ber 17, 1984 Approved site plan amendment (Z-1620-62-2) to instatwo-(2) 2 ½ foot by 25 foot rooftop signs.

ber 17, 2005 Deferred a request to incorporate Site Plan #6 into Site Plan #331 and to construct a new residential building.

r 15, 2005 Deferred a request to incorporate Site Plan #6 into Site Pla#331 and to construct a new residential building.

ber 29, 2005 Deferred a request to incorporate Site Plan #6 into Site#331 and to construct a new residential building.

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