ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of November 16, 2013 DATE: October 28, 2013 SUBJECTS: A. SP #105 PHASED DEVELOPMENT SITE PLAN AMENDMENT for the purpose of revising Condition #2 of the Pentagon City Phased Development Site Plan to allow a conversion of unused hotel density to commercial space within the Fashion Center at Pentagon City development located at 1250, 1100, 1400, 1200, 1000 South Hayes Street and 850 Army Navy Drive (RPC# , -025, -026, -027, -028, -029, -030). B. SP #105; SP-5 SITE PLAN AMENDMENT for the construction of an approximately 51,000 square foot addition to the Fashion Centre at Pentagon City with modifications of zoning ordinance regulations for parking and other modifications as necessary to achieve the proposed development plan; located at 1250, 1100, 1400, 1200, 1000 South Hayes Street and 850 Army Navy Drive (RPC# , -025, -026, -027, - 028, -029, -030). Applicant: Fashion Center Mall LLC and Washington Office Tower, LLC 225 W. Washington Street Indianapolis, Indiana By: Martin D. Walsh, Attorney/Agent Walsh, Colucci, Lubeley, Emrich & Walsh PC 2200 Clarendon Boulevard, Suite 1300 Arlington, Virginia County Manager: ##### County Attorney: ***** Staff: Aaron Shriber, DCPHD, Planning Division Melanie Jesick, DES, Transportation Division 1.

2 C.M. RECOMMENDATIONS: 1. Adopt the attached ordinance to approve an amendment to Phased Development Site Plan #105 for the purpose of revising Condition #2 of the Pentagon City Phased Development Site Plan to allow a conversion of unused hotel density to commercial space within the, subject to all previous conditions with condition 2 amended as provided in the ordinance. 2. Adopt the attached ordinance to approve an amendment to Site Plan #105; SP-5 to permit the construction of an approximately 51,000 square foot addition to the with modifications of zoning ordinance regulations for parking, and other modifications as necessary to achieve the proposed development plan, subject to all previous conditions with condition 56 amended and new conditions added as provided in the ordinance. ISSUES: These requests consist of an amendment to the Pentagon City PDSP (SP #105) for the purpose of reallocating unused hotel density to commercial space and an amendment to the Fashion Center at Pentagon City site plan (SP #105; SP-5) to permit an approximately 51,000 square foot retail addition to the mall structure. No issues with these requests have been identified. SUMMARY: The applicant proposes the construction of a retail addition to the Fashion Centre at Pentagon City (aka Pentagon City Mall ). In order to permit this addition, the applicant requests approval of amendments to the Pentagon City PDSP (SP #105) and Pentagon City Mall Site Plan (SP #105; SP-5). The PDSP Amendment requests the reallocation of unused hotel room density to commercial space, which is made possible by the fact that the Ritz-Carlton Hotel that occupies a portion of the site was constructed with 366 hotel rooms where 450 were permitted by the PDSP. A conversion factor of 725 square feet per hotel room, as has been used with recent conversion applications such as the PenPlace PDSP Amendment (SP #105), will permit an additional 60,900 square feet of commercial space within the Pentagon City Mall portion of the Pentagon City PDSP. Additionally, the applicant requests an amendment to the Pentagon City Mall Site Plan (SP #105; SP-5) for the purpose of permitting a approximately 51,000 square foot addition to the mall as well as landscape, streetscape, and access improvements in association with this addition. The proposed conversion of hotel rooms to commercial space will not increase the density of the Pentagon City Mall portion of the Pentagon City PDSP; rather it reallocates unused density between uses within the same block. As proposed, the approximately 51,000 square foot addition to the will provide new retail spaces oriented towards South Hayes Street, which essentially is a design effort to turn this portion of the mall outwards with a better pedestrian orientation to South Hayes Street. Staff supports the applicant s requests as they will provide an improvement to the and the adjacent streetscape along South Hayes Street. Therefore, staff recommends that the County Board adopt the attached ordinances to approve amendments to the Pentagon City PDSP (SP #105) and Pentagon City Mall Site Plan (SP #105; SP-5), subject to the conditions of these ordinances. SP #105/SP #105; SP-5-2 -

3 BACKGROUND: The Pentagon City Phased Development Site Plan (PDSP) (SP #105, originally known as Z ) was approved by the County Board on February 25, 1976, and was most recently amended to reflect the development associated with the PenPlace project approved by the County Board on September 21, A final site plan (SP #105; SP-5, originally known as Z , SP-5) was approved on July 11, 1984 for a mixed-use development of 1,019,300 square feet of commercial gross floor area (GFA), which included 860,000 square feet of retail and cinema use, and 159,300 square feet of public mall use on the subject property located on Parcels 1B and 2B of the PDSP. As part of this final site plan, an office building, a hotel building, and a parking garage containing 4,173 parking spaces were approved with the aforementioned commercial uses that are commonly known as the Fashion Centre at Pentagon City. On August 18, 1984, the County Board approved a PDSP amendment to allow for the reduction of approved hotel units from 600 to 450 on the property. This reduction was proposed to permit additional retail density in conjunction with pedestrian mall area associated with the property in the original July 1984 final site plan approval. On September 7, 1985, the County Board approved a site plan amendment to SP #105; SP-5 to: 1. Increase the site area of the by approximately 18,853 square feet. 2. Relocate and/or reconfigure the approved hotel, office tower, department stores, mall, and parking garage structures with no change in GFA (density) or height as originally proposed. The parking garages would contain a total of 4,576 spaces: 315 hotel spaces, 3,948 retail spaces, and 313 office spaces. As amended, the Pentagon City PDSP presently allocates the following development uses to the subject site: 172,000 square feet of office 1,019,300 square feet of commercial 450 hotel rooms The following provides additional information about the site and location: Site: The 4.58-acre (199,571 square feet) site is bounded on the north by Army Navy Drive, on the east by South Hayes Street, and on the south by 15 th Street South, and west by South Joyce Street. The site is surrounded by the following land uses: To the north: To the east: To the south: Army Navy Drive and the Pentagon Reservation surface parking lots. South Hayes Street and 12-story office buildings (MCI Buildings and Lincoln Place) and Pentagon Centre. The Metropolitan at Pentagon City and Parc Vista Apartments (Archstone at Pentagon City) and 15 th Street South. SP #105/SP #105; SP-5-3 -

4 To the west: Pentagon Row Shopping and Residential developments and The Metropolitan at Pentagon Row. Zoning: C-O-2.5 Commercial Office Building, Hotel and Apartment Districts. General Land Use Plan Designation: Three-fourths High-Medium Residential (maximum 3.24 FAR Residential) and one-fourth Medium Office-Apartment-Hotel (maximum 2.5 FAR Office, 115 units/acre Apartment, and 180 units/acre Hotel) development and Coordinated Redevelopment District (Note 4). Neighborhood: The site (Pentagon City Parcel 1B/2B) is located within the Pentagon City Metro Station area, the Aurora Highlands neighborhood and is adjacent to the Arlington Ridge neighborhood. The site is also adjacent to Crystal City and a number of condominium buildings are located nearby. This project was presented at a Planning Commission Site Plan Review Committee (SPRC) meeting on October 16, The Aurora Highlands and Arlington Ridge Civic Associations were informed of this meeting, and members of the respective Civic Associations attended the meeting. At the conclusion of this meeting, no outstanding issues were identified for further review and no comments of objection have been received by staff. DISCUSSION: The applicant s proposal consists of the following requested changes to the governing PDSP and final site plan: 1. Amend Condition #2 of the Pentagon City PDSP to modify the density allocation table for the Pentagon City PDSP as approved by the County Board through September 21, The table as provided in Condition #2 would be modified to reflect the increase in retail density and a reduction in hotel units for Parcels 1B/2B. The increase in mall density would be from 1,019,300 square feet to 1,080,200 square feet (which includes SP #105/SP #105; SP-5-4 -

5 retail and pedestrian mall area) and the reduction of hotel units would be from 450 hotel units to 366 hotel units. 2. Amend the final site plan to permit an increase from 860,000 to 910,965 square feet of retail density (for an approximately 51,000 square foot retail addition to Pentagon City Mall). Density: The following is a summary of the approved uses and densities by Parcel for the Pentagon City Phased Development Site Plan (as shown in Condition #2 of the Pentagon City PDSP) as approved by the County Board through September 21, 2013 and showing the proposed changes for the PDSP amendment to Parcel 1B/2B (the block): Parcel Office GFA Comm. GFA Hotel Units Res. Units Park 1A/2A - 300, B/2B 172,000 1,019, ,080,200 1C 1,078, D 1,809,000 50, C ,000-3, Park 5-2, Totals 3,059,000 1,471,800 1,532,700 1, ,786 Park Building permits for the Ritz-Carlton Hotel at Pentagon City were approved to allow construction of a building consisting of 366 hotel units. As constructed, this hotel contains 84 fewer hotel units than allocated to the site by PDSP Condition #2. It is these 84 unbuilt hotel units that the applicant proposes to be converted to commercial use to allow the retail improvement to the as is proposed with the amendment to the site plan. A hotel unit conversion factor (725 square feet/hotel unit) will be utilized, which is a factor that was recently utilized with the PenPlace amendment to the Pentagon City PDSP. As proposed by the applicant, the conversion of these 84 unbuilt hotel units will generate 60,900 square feet of commercial space, which can accommodate the 50,965 square foot retail expansion proposed by the subject site plan amendment. As proposed, this addition will increase the commercial gross floor area (GFA) of the by five percent (5%). Building Placement/Use/Design: The approximately 51,000 square foot addition will consist of a two (2) story appendage to the east façade of the adjacent to the Pentagon City Metro Station entrance at 12 th Street South. The addition will accommodate new leasable retail space for an additional five (5) to seven (7) retail tenants. The tenant mix is yet to be determined but will consist of mainly casual dining and restaurants, as well as fashion retail. Furthermore, outdoor seating will generally be provided within private property; however a portion of this outdoor seating is proposed to encroach within a public access easement along South Hayes Street, which will be subject to a separate application if outdoor seating is desired SP #105/SP #105; SP-5-5 -

6 in this area. Among the building materials being used for the retail addition, the applicant is proposing a mix of concrete, porcelain, and stone tiles, as well as metal and glass on prominent storefront areas of the building addition. Tenant storefronts will be coordinated to allow for distinctiveness amongst other retailers, while achieving an overall, coordinated building design. The applicant also proposes a number of landscape and hardscape improvements to the site. The main street and sidewalk improvements proposed for South Hayes Street, in addition to the proposed, outward facing retail will create a more pedestrian-oriented experience to the site. Proposed Expansion Area Proposed Elevations for the Retail Addition SP #105/SP #105; SP-5-6 -

7 Proposed Changes to the South Hayes Street Storefront Parking: The original PDSP defines parking ratios for retail within Condition #37.d.: 37. The developer shall provide parking by the following formulas unless otherwise approved in the final site plan: (d) Commercial in major retail center, apartments and hotels one (1) space / 200 sq. ft. of floor area (excluding common area not designated as commercial use). The final site plan for SP #105; SP-5 contains 3,948 parking spaces for retail use. The original parking ratio based only on existing retail square footage is one (1) space per 218 square feet of retail. With the proposed addition increasing the total retail area from 860,000 square feet to 910,965 square feet, this ratio would change to one (1) space per 231 square feet of retail. CONCLUSION: The applicant proposes to improve the with a pedestrian oriented retail expansion adjacent to South Hayes Street. This addition will allow for new retail space in a manner that better engages the streetscape and allows for access improvements to the site from South Hayes Street. In order to permit this expansion to occur, amendments to the Pentagon City PDSP and Pentagon City Site Plan are requested, which will result in no additional density for the site as the PDSP Amendment component proposes to reallocate unused hotel room density to commercial space. Therefore, staff recommends that the County Board adopt the attached ordinances to approve amendments to the Pentagon City PDSP (SP #105) and Pentagon City Mall Site Plan (SP #105; SP-5), subject to the conditions of these ordinances. SP #105/SP #105; SP-5-7 -

8 PHASED DEVELOPMENT SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Phased Development Site Plan Amendment dated September 10, 2012 for Phased Development Site Plan #105, was filed with the Office of the Zoning Administrator: and WHEREAS, as indicated in Staff Report[s] prepared for the November 16, 2013 County Board meeting and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Phased Development Site Plan Amendment subject to numerous conditions as set forth in the Staff Report[s]; and WHEREAS, the County Board held a duly-advertised public hearing on that Phased Development Site Plan Amendment on November 16, 2013 and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Phased Development Site Plan as amended: Substantially complies with the character of master plans, officially approved neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance; and Functionally relates to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and Is so designed and located that the public health, safety and welfare will be promoted and protected. NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated February 25, 1976 for Phased Development Site Plan Amendment (SP #105) to the Pentagon City Phased Development Site Plan to revise Condition #2 regarding density allocations within the development located at 1250, 1100, 1400, 1200, 1000 South Hayes Street and 850 Army Navy Drive, for the parcels of real property known as RPC# , -025, -026, -027, -028, -029, -030, approval is granted and the parcels so described shall be used according to the Phased Development Site Plan Amendment Application, subject to all previous conditions with condition # 2 amended as follows: SP #105/SP #105; SP-5-8 -

9 2. The following is a summary of the approved uses and densities by Parcel for the Pentagon City Phased Development Site Plan as approved by the County Board on September 21, 2013 November 16, 2013: Parcel Office GFA Comm. GFA Hotel Units Res. Units Park 1A/2A - 300, B/2B 172,000 1,019, ,080,200 1C 1,078, D 1,809, , C ,000 3, Park 5-2, Totals 3,059,000 1,471,800 1,530,200 1, ,786 Park 1) In the event of the development of 300 residential units on Land Bay C-East of Parcel 1D, the available office GFA shall be decreased by the GFA approved for the residential building. 2) In the event of the development of an office building on Land Bay C-East of Parcel 1D, the residential units allocated in the density table shall not be available for development on Parcel 1D, or elsewhere. SP #105/SP #105; SP-5-9 -

10 SITE PLAN AMENDMENT ORDINANCE WHEREAS, an application for a Site Plan Amendment dated September 10, 2012 for Site Plan #105; SP-5, was filed with the Office of the Zoning Administrator: and WHEREAS, as indicated in Staff Report[s] prepared for the November 16, 2013 County Board meeting and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendment subject to numerous conditions as set forth in the Staff Report[s]; and WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on November 16, 2013 and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Site Plan as amended: Substantially complies with the character of master plans, officially approved neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance and modified as follows: o Reduce the commercial parking space ratio; (Zoning Ordinance Section ); Functionally relates to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and Is so designed and located that the public health, safety and welfare will be promoted and protected. NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated July 11, 1984 for Site Plan #105; SP-5, and as such application has been modified, revised, or amended to include the drawings, documents, conditions and other elements designated in Condition 1 below (which drawings, etc are hereafter collectively referred to as Revised Site Plan Application ), for a Site Plan Amendment for the consisting of an approximately 51,000 square foot addition, located at 1250, 1100, 1400, 1200, 1000 South Hayes Street and 850 Army Navy Drive, for the parcels of real property known as RPC# , -025, -026, -027, -028, -029, -030, approval is granted and the parcels so described shall be used according to the Site Plan Amendment Application,, subject to all previous conditions with condition #56 amended and new conditions added as follows: SP #105/SP #105; SP

11 56. The plan shall be revised to a maximum of 860, ,965 square feet of retail gross floor area including fire and service corridors, excluding the mall area; however, nothing in this condition shall be construed to disturb condition number 50. The following Conditions (#58-69) are related only to the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, Where these additional Conditions (#58-69) conflict with any portion of previously approved conditions (#1-57), the requirements of these Conditions (#58-69) shall supersede those previously approved. Site Plan Conditions Review Meeting 58. The Developer agrees to request and attend, along with its construction team, a Site Plan Conditions Review Meeting coordinated by the Zoning Office prior to the issuance of any permits for the Site Plan for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, The meeting is intended to inform the Developer of the following: 1) requirements of each of the Site Plan conditions that apply to the approved Site Plan; 2) the general process and contacts for obtaining permits, including plan review and approval and overview of associated Site Plan compliance requirements; and 3) the potential need to attend additional pre-permit and pre-construction meetings coordinated by the Inspection Services Division (ISD) and the Department of Environmental Services (DES). 59. Location of Construction Trailers The Developer agrees to submit a construction trailer plan, which shall show the location of construction trailers, prior to the issuance of the Demolition and Land Disturbance Permits for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013, and prior to locating any trailers on the site. The plan may show construction trailers located within the setback area as long as they are not located in the vision obstruction area or tree protection area. The plan shall show the location of construction staging and include a map of the construction travel routes. The Developer may submit the construction trailer plan for review by both Zoning and DES prior to approval of the plan by Administrative Change by the Zoning Administrator. If all construction trailers for the project are shown on the Tree Protection Plan, then that Plan can be used to satisfy this condition s submittal requirements, provided it has been reviewed and approved as set forth herein. If construction trailers are proposed to be located in the public right-of-way or public right-of-way easement, then they shall be shown on a Maintenance of Traffic (MOT) plan approved by DES, and shall not be installed until their location is approved by DES and a right-of-way permit is approved and issued. The Developer shall submit a copy of the approved map of the construction travel route to the Site Plan project to the Arlington County Police. SP #105/SP #105; SP

12 60. Plan for Temporary Circulation During Construction A. The Developer agrees to do the following prior to the issuance of the Final Building Permit for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013: 1) Develop, submit and obtain the County Manager s approval of a Plan for Temporary Circulation During Construction as meeting the standards set forth below, which shall show temporary pedestrian and vehicular circulation during construction and the construction hauling route. The County Manager may approve subsequent amendments to the Plan, if consistent with this approval. 2) Submit two (2) sets of the Plan for Temporary Circulation During Construction (or maps) to the Zoning Administrator, one set of which will be forwarded to the Police Department. Copies of plans or maps shall be posted in the construction trailer and given to each subcontractor and construction vehicle operator before they commence work on the project. 3) Implement the approved Plan for Temporary Circulation During Construction. 4) Provide a copy of the approved Plan for Temporary Circulation During Construction to the appropriate civic associations and provide documentation of this to the Zoning Administrator. Construction activity within the public right-of-way shall not occur between 6:30 a.m. and 9:00 a.m. or between 3:30 p.m. and 6:30 p.m. Monday through Friday. Construction activity within the public right-or-way may occur between 9:00 a.m. and 3:30 p.m. Monday through Friday and/or between 10:00 a.m. and 6:30 p.m. on weekends and holidays. The Developer may submit to the Zoning Administrator, through the 4.1 administrative change process, a request to permit construction activity during hours other than those identified above. Such request will be submitted in conjunction with a MOT plan. The Zoning Administrator may approve such request only if the Developer can show that: 1) for right-of-way improvements required by the site plan, construction activity must be conducted outside the hours stated above in order to avoid disruption of traffic or other transportation systems; or 2) the construction activity requires certain utility work and/or street closures outside the hours stated above. 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. The Developer agrees to place a minimum of one sign per street front around the construction site, indicating the permissible hours of construction, to place one additional sign within the 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 observe such hours. The developer agrees to obtain necessary Right-of-Way Permits. B. Standards. The Developer agrees that the Plan for Temporary Circulation During Construction shall meet, at a minimum, the following standards. The plan shall SP #105/SP #105; SP

13 identify temporary sidewalks, interim lighting, fencing around the site, construction vehicle routes, means for maintaining access to existing fire hydrants and fire department connections, and any other feature or mechanism such as cones, signage, or flaggers, necessary to ensure safe pedestrian and vehicular travel around the site during construction. In addition, the plan shall address the operational conditions outlined below. Exceptions may be made only during an emergency as defined below, during actual demolition when Inspection Services Division has determined that pedestrian access adjacent to the site should be limited for safety reasons, and for such limited periods as are unavoidable for utility upgrades. 1) Temporary Closures of Any Traffic Lanes. The Developer agrees to notify the appropriate civic associations and all abutting property owners in writing (or, by mutual agreement, by ) at least seven calendar days in advance of any street closure, except in the case of an emergency, of more than one hour duration on any street. Emergency street closures may include, but not be limited to, those relating to rupture or potential rupture of a water or gas main, insecure building façade, or similar unforeseeable public danger. Emergency street closures shall not include closures for setting up or dismantling of a crane, exterior building construction, materials deliveries, utilities work, or similar situations. 2) Temporary Lighting Plan. During construction the Developer agrees to provide adequate temporary lighting for roadway users, including pedestrian and vehicular traffic, along all frontages of the site, including the interiors of covered pedestrian walkways. Lighting levels will conform to minimum luminance levels approved by the County, based on the Arlington County Traffic Signal and Streetlight Specifications. A temporary lighting plan shall be submitted and approved prior to issuance of the Final Building Permit for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, Lighting shall be turned on between dusk and dawn 7 days a week. Any high-intensity overhead lighting, such as lighting placed on construction cranes, shall be used only during construction hours (except lower levels after hours for safety and security reasons), and shall be placed so as not to directly illuminate residential dwellings or be a nuisance to neighboring property owners. The approved temporary lighting plan shall be implemented prior to the shut-down or removal of any existing lighting and operated from implementation until lighting fixtures are in place and operational around the perimeter of the site. 3) Maintenance of Street Surfaces During Construction. The Developer agrees to maintain street surfaces adjacent to the site in a clean, smooth condition devoid of potholes at all times during the construction period. Whenever a significant portion of an adjacent road surface is disturbed for reasons relating to the construction, including utility work, the Developer agrees to repair promptly the disturbed portion(s) of pavement with hot patching to return the road surface to a clean, smooth condition. The Developer agrees to ensure that the road surface is promptly repaired regardless of whether the excavation work or other damage to the road surface was done by the Developer, the Developer s contractors, or SP #105/SP #105; SP

14 private utility companies for work associated with this Site Plan. The Developer agrees to make reasonable efforts to schedule construction work so that digging in the street surfaces will not occur during the winter months. The term significant portion of a road is understood to include, but not be limited to, a cut in the road surface that exceeds 10 feet in length or 100 square feet in size. This condition is in addition to any other conditions in this Site Plan and any County requirements relating to reconstruction and repaving of streets at the completion of construction. All temporary street patching shall be performed per Arlington County Construction Standards and Specifications. D. Off-Street Parking for Construction Workers The Developer agrees to develop and submit to the Zoning Administrator a plan for off-street parking for construction workers prior to the issuance of the Final Building Permit for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, The Developer agrees to obtain the review and approval by the Zoning Administrator of such plan prior to the issuance of the Final Building Permit for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, The Developer agrees that the plan shall provide for off-street parking shall be provided for all construction workers, including sub-contractors, without charge to the workers. In lieu of providing parking, the Developer may provide a subsidy for the construction workers in order that they may use Metro, provide a van for van pooling, or use another established method of transportation to provide for construction workers to arrive at the site. The Developer agrees to implement the approved plan throughout all phases of construction on the project. If the plan is found to be either not implemented or violated during the course of construction, a correction notice will be issued to the Developer. If the violation is not corrected within ten (10) days, a "stop work order" will be issued, and construction halted until the violation has been corrected. The Developer agrees that the plan shall include the following: 1) The location of the parking to be provided at various stages of construction. 2) The number of parking spaces that will be provided at various stages of construction. 3) The number of construction workers that will be assigned to the work site at various stages of construction. 4) Mechanisms which will be used to encourage the use of Metro, carpooling, vanpooling, and other similar efforts. 5) The location on the construction site at which information will be posted regarding Metro schedules and routes, bus schedules and routes, and carpooling and vanpooling information. SP #105/SP #105; SP

15 6) The contact person responsible for communicating parking and transportation options to workers. 61. Construction Site Maintenance Agreement A. Approve Agreement. The Developer agrees to submit to and obtain the Zoning Administrator s approval of a Construction Site Maintenance Agreement prior to the issuance of Demolition and Land Disturbance Permits for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013, which will provide information regarding how the Developer will meet the following requirements: 1) That the site and any buildings located within it are secured and kept in a wellmaintained condition throughout construction, consistent with the requirements outlined below in this condition. This shall include, but not be limited to, maintaining landscaping, keeping the grass mowed, removing litter and debris from the site, and properly disposing of recyclable materials. 2) Maintain access on the site for fire emergency vehicles including access to existing fire hydrants and fire department connections. 3) Maintain sites that have been cleared, but construction has either ceased for a period of time or not yet begun. The Plan shall include an interim site maintenance plan that provides details on interim landscaping, site screening and site maintenance. 4) At the end of each work day during construction of the project, any streets used for hauling construction materials and entrance to the construction site shall be free of mud, dirt, trash, allaying dust, and debris, and all streets and sidewalks adjacent to the construction site shall be free of trash and debris. 5) On-site construction activity, including, by way of illustration and not limitation, delivery of materials and equipment, except for construction worker arrival to the construction site and indoor construction activity, shall commence no earlier than 7:00 a.m. and end by 6:30 p.m. on weekdays, and shall commence no earlier than 10:00 a.m. and end by 6:30 p.m. on Saturdays, Sundays, and holidays. 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. The Developer may submit to the Zoning Administrator, through the 4.1 administrative change process, a request to permit construction activity during hours other than those identified above. The Zoning Administrator may approve such request only if the Developer can show that the construction activity requires certain utility work and/or street closures outside the hours stated above. 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. The Developer agrees to place a minimum of one sign per street front around the construction site, indicating the SP #105/SP #105; SP

16 permissible hours of construction, to place one additional sign within the 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 observe such hours. B. Implement Agreement. The Developer agrees that storage of construction materials, equipment and vehicles shall occur only on the site. The Developer may submit a request for the County Manager s review and approval of an off-site location, which the County Manager may approve provided that he or she finds that the storage of construction materials equipment and vehicles do not adversely impact the public health or safety of the off-site location. The Developer agrees to implement the approved Construction Site Maintenance Agreement throughout construction of the site plan. 62. Vacations and Encroachments A. Approval of Ordinance. The Developer agrees to obtain approval of, and fulfill all required conditions of, all ordinances of vacation and/or ordinances of encroachment associated with and/or required to build the approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013, or any portion thereof, and in accordance with civil engineering plans for the project approved by the County, prior to the issuance by the County of the first permit for development of the Site Plan Amendment, except for demolition permits solely for buildings and structures not owned by the County or located on property within which the County has an interest. The satisfaction of the requirements of this condition may be Phased (i.e., all ordinances of vacation or ordinances of encroachment associated with each approved Phase of development must be enacted or obtained before issuance, by the County, of any permit for any work relating to, or necessary for, such Phase, except for demolition permits for buildings or structures, not owned by the County and not located on property within which the County has a legal interest) provided that such Phasing is approved by the County Manager. B. Obtain Ordinance. The Developer agrees that no building, structure or utility of any type shall encroach upon, or interfere with, the use of any County property or the exercise by the County of any property right or interest, unless and until the Developer, before any Final Building Permit for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013, first has: a) obtained an ordinance of vacation or an ordinance of encroachment, enacted by the County Board, permitting such use, encroachment or interference; and, b) met all of the conditions of such ordinance(s). 63. Civil Engineering Plan A. Submission and Approval 1) Submission The developer agrees to submit a complete set, as determined by the Department of Environmental Services, of civil engineering plans for each applicable phase of the project. SP #105/SP #105; SP

17 2) Approval of Plan. The developer agrees to obtain approval of civil engineering plans by the County Manager prior to the issuance of the Final Building Permit for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, The Developer further agrees that the approved civil engineering plans shall conform to this Site Plan approval, the approved final landscape plan, and the sequence of construction, and shall be consistent with all site plan approval requirements and all County codes, standards and specifications, and policies. 3) The developer agrees to include the following information on the civil engineering plans, in addition to other information required to be provided on civil engineering plans: a. A minimum of two coordinate grid marks per plan sheet, labeled with state plane coordinates. b. The location of ventilation grates for utility vaults, and for underground garage intake and exhaust. c. A tieback plan, or alternatively, submission of a statement from the developer confirming that tiebacks will not be placed in the public right of way as part of any sheeting and shoring during construction of the project. d. The final streetscape design including sidewalks, street trees, tree pits/grates, bicycle racks, and sidewalk pattern/design along with the final selection of materials and colors to be used. e. The limits of the clear pedestrian zone of all public sidewalks and pedestrian access. f. A curbside management plan showing, if applicable: on-street parking spaces, taxi stands, accessible para-transit pick-up/drop-off locations, bus stops, on-street loading zones for delivery vehicles, bicycle rack locations, car sharing spaces, bike share stations, and other facilities as identified during the review of the plans. The Developer understands that Arlington County will be responsible for use, management, and restrictions of the curb space. The Developer further agrees to submit any other information required by the Department of Environmental Services during the review of the civil engineering plans that will help ensure compliance with all aspects of the Site Plan, development policies or standards and specifications. 4) The Developer agrees that, upon approval of the civil engineering plan, said plan shall govern construction and/or installations of all elements and features shown thereon. The Developer further agrees to submit revisions, minor SP #105/SP #105; SP

18 changes or amendments to the approved civil engineering plans for review by, and approval from, the County Manager. Such revisions, changes and amendments to the approved civil engineering plans shall be limited to building, street, sidewalk, driveway locations and other design features as necessitated by more detailed planning and engineering studies, provided such changes are consistent with the intent of the Site Plan approved by the County Board. The developer agrees and understands that any revisions, changes or amendments to the civil engineering plans shall be in conformance with the approved final landscape plan, or any approved revisions thereto. B. Standards. The developer agrees that the Civil Engineering plans shall meet, at a minimum, the following standards: 1) The location and planting details for street trees shall be in compliance with The Rosslyn-Ballston Corridor Streetscape Standards; Sector Plans; the Arlington County Landscape Standards; the Standards for Planting and Preservation of Trees on Site Plan Projects; and other applicable streetscape guidelines or standards, or urban design standards approved by the County Board. 2) To accommodate the subsurface requirements of existing or future 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. This zone shall be a minimum of five (5) feet in depth, as measured from the approved finished sidewalk elevation, and shall extend from the back of the final location of the street curb, through the full width of the public sidewalk. No subterranean structures (such as parking garages or storm water detention facilities) shall intrude into this five foot deep zone. Within the structure-free zone, underground utilities and/or utility vaults shall not be located in a manner that interferes with the appropriate spacing of street trees shown on the approved final landscape plan. Utility lines shall not be located beneath street trees. 3) Ventilation grates for utility vaults, or for garage air intake and exhaust vents, shall not be located within public sidewalks, streets, or within areas that are to be used as walkways to which the general public has access. 4) All public walkways shall be constructed in conformance with the Department of Environmental Services Construction Standards and Specifications Manual or subsequent standards as amended. a. The materials and colors of the sidewalk pattern and design to be used shall be in compliance with the Rosslyn-Ballston Corridor Streetscape Standards or other applicable streetscape guidelines, plans, or standards approved by the County Board and in effect at the time of the final landscape plan approval, and shall be installed on a properly engineered base. SP #105/SP #105; SP

19 b. Non-standard materials or surface treatments may be used subject to approval by the County Manager, and under the provisions of the Rosslyn- Ballston Corridor Streetscape Standards or other applicable streetscape guidelines or standards. 5) The clear sidewalk along all street frontages of the site shall be in compliance with the Rosslyn-Ballston Corridor Streetscape Standards or other applicable streetscape guidelines or standards, and shall be not less than six (6) feet wide at any point, including across all driveways, with no obstructions to impede the passage or flow of pedestrian traffic (clear sidewalk). However, pinch points may be permitted in conformance with the Master Transportation Plan and/or other applicable plans. 6) Pavement, curb, and gutter, including all improvements for pedestrian and/or vehicular access or circulation along all frontages shall be designed and constructed in compliance with the Department of Environmental Services Construction Standards and Specifications Manual or subsequent standards as amended. 7) Permanent street lighting shall be in compliance with the latest Arlington County Traffic Signal and Streetlight Specifications and VDOT Traffic Engineering design manuals, as applicable. 8) Fire Apparatus Access Roads (fire lanes) shall be designed and constructed in compliance with the Arlington County Fire Prevention Code. C. Infrastructure Improvements. The developer agrees to incorporate, at a minimum, the following elements in the civil engineering plans: 1) Undergrounding of Aerial Utilities. a. Omitted. b. All utility improvements necessary to provide adequate utility services to the development, or utility work necessary to provide terminus facilities associated with the undergrounding of utility lines. Such improvements shall not result in the installation of any new or additional permanent utility poles, braces, or aerial utility lines or devices. c. The developer agrees to pay all costs associated with the undergrounding of aerial utilities. 2) Water Mains and Services a. The developer agrees to design and construct water services and public water main improvements, as listed below, in locations determined at the time of the review of the civil engineering plan. SP #105/SP #105; SP

20 The relocation of the existing main in the ring road into South Hayes Street as depicted on the plans dated October 21, ) Sanitary Sewer a. The Developer agrees to design and construct public sanitary sewer main improvements, as listed below, in locations as determined at the time of the review of the civil engineering plan. The developer agrees the proposed sanitary sewer line shall have a minimum 10 foot horizontal clearance from the existing or proposed buildings. Only private sanitary sewer mains shall be placed under existing or proposed buildings. Nothing in this condition shall be deemed to preclude the placement of the sanitary sewer under the existing Metro connection tunnel, as depicted in the plans dated October 21, In the event the developer cannot locate the ground floor of the approximately 51,000 square foot addition as depicted on the plans dated October 21, 2013 as a result of utility conflicts, the developer may apply for an Administrative Change to reconfigure the second floor of the approximately 51,000 square foot addition without causing any impact to the addition that would increase the height or gross floor area of the addition, decrease the setback of the addition, or disrupt adequate utility service of the sanitary sewer on the site. b. The County may TV-Inspect the sanitary sewer lines serving, or along the frontages of the site and shall identify any improvements that are necessary to adequately provide sanitary sewer service to the development. Upon such inspection, the Developer agrees to repair or replace any sections or appurtenances of the sanitary sewer serving, or along the frontages of the development that are found to be deficient or as shown on the civil engineering plan. 4) Storm Sewer a. The Developer agrees to design and construct public storm sewer improvements and stormwater management facilities, in locations as determined at the time of the review of the final civil engineering plan. D. Implementation Timing. The Developer agrees to implement the approved civil engineering plans as follows. 1) The Developer agrees that the following improvements shall be constructed and/or installed, for each respective phase of construction as applicable, prior to the issuance of the First Certificate of Occupancy for tenant space for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013 for each respective phase of construction: a. Public water main and appurtenances, including fire hydrants and fire department connections. SP #105/SP #105; SP

21 b. Public sanitary sewer main and appurtenances. c. Public storm sewer improvements and stormwater management facilities. d. Omitted. e. Fire Apparatus Access Roads (Fire Lanes) 2) The Developer agrees that the following public improvements shall be constructed or installed as shown and approved on the civil engineering plans prior to the issuance of the First Partial Certificate of Occupancy for any tenant occupancy for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, 2013 for the respective phases of construction: a. Public street pavement, sidewalk, curb and gutter improvements. b. Street lighting elements including but not limited to: poles, meters, service cabinets and power connection appurtenances, and all conduit and junction boxes necessary for the lighting system. c. Traffic signal improvements and the relocation of existing traffic signal equipment. d. All other elements shown in the approved civil engineering plan. The Zoning Administrator may, through the 4.1 administrative change process, allow reasonable modifications to the timing of the above stated public improvements, requiring construction or installation of public improvements, if the Zoning Administrator determines that: 1) the Developer is diligently pursuing the work; 2) timing of conditions as originally approved will unnecessarily impede progress of the project; 3) the installation of the public improvements during extreme weather conditions will not meet County Standards and Specifications; and 4) the Developer has provided reasonable assurances that the work will be completed in accordance with the Site Plan s approved design. e. The developer agrees to repair or replace existing or new infrastructure, at the direction of the County Manager, which may become damaged by the developer during construction and prior to release of the public improvement bond. E. As-Built Civil Engineering Plans. The Developer agrees to submit to, and obtain approval from, the County Manager as-built civil engineering plans for each phase of the site plan amendment for the portion of the site to be improved with an approximately 51,000 square foot addition as depicted in the plans dated October 21, SP #105/SP #105; SP