Page 1 September 12, 2020

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A Regular Meeting of the County Board of Arlington County, Virginia, held virtually on September 12, 2020 at 8:30 AM.

PRESENT: Libby Garvey, Chair

Matt de Ferranti, Member Katie Cristol, Member Christian Dorsey, Member Takis Karantonis, Member

ALSO PRESENT: Mark Schwartz, County Manager

Stephen MacIsaac, County Attorney Kendra Jacobs, County Clerk

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RESOLUTION FINDING NEED TO CONDUCT BOARD MEETINGS ELECTRONICALLY

Prior to Public Comment, on a motion by LIBBY GARVEY, Chair, seconded by KATIE CRISTOL, Member, the County Board adopted the Resolution Finding Need to Conduct the July 18, 2020 County Board Meeting electronically.

The motion was adopted and carried by a vote of 5-0, the voting recorded as follows: LIBBY GARVEY, Chair – AYE; CHRISTIAN DORSEY, Member – Aye; KATIE CRISTOL, Member – Aye; MATT DE FERRANTI, Member – Aye; TAKIS KARANTONIS, Member – Aye.

The adopted resolution reads as follows:

RESOLUTION FINDING NEED TO CONDUCT

SEPTEMBER 12th_{, 2020 COUNTY BOARD MEETING ELECTRONICALLY}

September 12, 2020

WHEREAS, on March 12, 2020, the Governor of Virginia declared a state of emergency in Virginia in response to the spread of novel coronavirus, or COVID-19, a communicable disease of public health threat as so declared by the State Health Commissioner on February 7, 2020 (“COVID-19”); and

WHEREAS, on March 13, 2020, the County Manager of Arlington County declared a local emergency to enable the County to respond to the public health threat posed by COVID-19, which local emergency declaration was consented to by the County Board of Arlington County on March 14, 2020; and

WHEREAS, in subsequent Executive Orders, particularly Executive Order Nos. 53 and 55, as amended, the Governor of Virginia, among other measures designed to ensure safe physical distancing between individuals, prohibited public and private in person gatherings of 10 or more individuals and ordered all individuals in Virginia to remain at their place of residence, with limited exceptions, to mitigate the impacts of COVID-19 and prevent its spread; and

WHEREAS, the County Board finds that it has a responsibility to demonstrate to the public, through the Board’s conduct, the importance of maintaining proper physical distance from others and to avoid gathering in public where the risks of infection are highest, and to take measures that promote physical distancing in order to protect the public health and mitigate the impacts and spread of COVID-19, including, among others, conducting meetings electronically whenever possible; and

WHEREAS, on April 22, 2020, the Virginia General Assembly adopted, and the Governor signed, budget bill amendments to HB 29 that expressly authorize “any public body, including any state, local, [or] regional body” to “meet by electronic means without a quorum of the public body . . . physically assembled at one location when the Governor has declared a state of emergency . . ., provided that (i) the nature of the declared emergency makes it impracticable or unsafe for the public body . . . to assemble in a single location; (ii) the purpose of the meeting is to discuss or transact the business statutorily required or necessary to continue operations of the public body . . . and the discharge of its lawful purposes, duties, and responsibilities” among other provisions; and

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NOW, THEREFORE, BE IT RESOLVED, that the County Board of Arlington County, Virginia, hereby finds that the nature of the declared emergency makes it both impracticable and unsafe for the Board to assemble in a single location on September 12 and September 15, 2020, to discuss and transact the business of the County listed on the September 12, 2020 County Board Meeting Agenda; and

BE IT FURTHER RESOLVED, that the County Board hereby finds that the items on the September 12, 2020 County Board Meeting Agenda are statutorily required or necessary to continue operations of the County government and the discharge of the County Board’s lawful purposes, duties, and responsibilities; and BE IT FURTHER RESOLVED, that the County Board hereby finds that the items on the September 12, 2020 County Board Meeting Agenda are encompassed with the continuity of operations ordinance adopted on March 24, 2020, as matters necessary to address the disaster posed by the public health emergency resulting from COVID-19 and matters essential to the continued operation of County government. Adopted the 12th day of September 2020.

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I. PUBLIC COMMENT

Anne Bodine spoke sharing concerns with the County’s Missing Middle housing study and the impacts of increasing density within the County.

Julius Spain spoke on behalf of the Arlington Branch of the NAACP concerning the removal of the Lee House from the Arlington County Logo.

Matt Royer associated himself with Julius Spain. Stephen D’Alessio associated himself with Julius Spain. Emma Violand-Sanchez associated herself with Julius Spain. Michael Hemminger associated himself with Julius Spain. Maggie Davis associated herself with Julius Spain. Cassandra Good associated herself with Julius Spain.

Stephen Hammond spoke on the history of they Syphax family and the possibility of renaming the Lee House to the Arlington House.

Stephanie Burns spoke regarding concerns about the possibility of using Jennie Dean Park for bus parking. Joan FitzGerald shared concerns regarding cut-thru traffic and neighborhood impacts of the VDOT/Route 50 project.

Sarah Baryluk spoke sharing concerns regarding the impact of Temporary Outdoor Seating Areas on pedestrian and cyclist safety.

Shirin Wertime asked about the timeline for construction and renovations at Jennie Dean Park. Jim Hurysz spoke advocating for the use of law enforcement officers to ensure public safety along Arlington’s trails.

Bernard Berne spoke in opposition to renaming of the Arlington house and removing it from the County Logo.

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ANALYSIS OF CONTINGENT ACCOUNTS

The Board received a Summary of Fiscal Year 2020 Contingent Accounts showing balances of $250,000 in General, $7,771,228 in Economic and Revenue Budget Stabilization, and $14,058,158 in Affordable Housing Investment Fund as of September 10th_{, 2020.}

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II. CONSENT ITEMS (Items 1-42) Public testimony on removed items will occur at the Recessed

Meeting on Tuesday, September 15, 2020, at 6:30 p.m. (No testimony taken on Saturday).

On a motion by LIBBY GARVEY, Chair, seconded by CHRISTIAN DORSEY, Member, the County Board approved the Manager’s recommendation for items #1-20, #22-25, #27, and #29-42.

The motion was adopted and carried by a vote of 5-0, the voting recorded as follows: LIBBY GARVEY, Chair – AYE; CHRISTIAN DORSEY, Member – Aye; KATIE CRISTOL, Member – Aye; MATT DE FERRANTI, Member – Aye, and TAKIS KARANTONIS, Member – Aye

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Site Plans Requests, Amendments and Reviews

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1. SP #135 Site Plan Amendment for CESC Gateway Two Limited Partnership c/o JBG Smith to

permit a rooftop sign at the Crystal Gateway 2 office building; located at 1225 S. Clark St. (RPC# 34-024-266).

On the Consent Agenda vote, after a duly advertised public hearing, the County Board approved the below ordinance to approve a site plan amendment (SP #135) to permit installation of a rooftop sign at the Crystal Gateway 2 office building (1225 S. Clark St.), subject to all previously approved conditions and deleted condition #3.

The approved ordinance reads as follows:

SITE PLAN AMENDMENT ORDINANCE

WHEREAS, an application for a Site Plan Amendment dated July 6, 2020, for Site Plan #135, was filed with the Office of the Zoning Administrator; and

WHEREAS, as indicated in the Staff Report provided to the County Board for its June 15, 2019 meeting, and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendment subject to all conditions as set forth in the Staff Report; and

WHEREAS, the County Board held a duly-advertised public hearing on the Site Plan Amendment on June 15, 2019, and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning Administrator, that the improvements and/or development proposed by the Site Plan as amended:

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• 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 Modifications as necessary to achieve the proposed development plan

• 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 6, 2020 for an amendment to Site Plan #135, to eliminate condition #3 related to rooftop signs for the parcels of real property known as 1225 S. Clark Street (RPC# 34-024-266), approval is granted and the parcel so described shall be used according to the Site Plan Amendment Application, subject to all previously approved

conditions, with elimination of condition #3: 3. No roof-top signs shall be permitted. Board Report #1

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2. SP #140 Site Plan Amendment to revert to an earlier set of conditions that pre-date a 1996

approval for the expansion of the then existing hospital, which has since expired, and amend conditions related to the requirements for tenants of the medical office building; located at 601 and 611 S. Carlin Springs Road. (RPC# 21028097, 21028099, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, -136, -137, -138, -139, -140, -141, -142, -143, -144).

On the Consent Agenda vote, after a duly advertised public hearing, the County Board adopted the attached ordinance to approve a site plan amendment to revert to an earlier set of conditions that pre-date a 1996 approval for the expansion of the then existing hospital, which has since expired, and amend conditions related to the requirements for tenants of the medical office building, subject to all previously approved conditions and amended Conditions #8 and #22.

The adopted ordinance reads as follows:

WHEREAS, an application for a Site Plan Amendment dated August 4, 2020 for Site Plan #140, was filed with the Office of the Zoning Administrator; and

WHEREAS, as indicated in the Staff Report prepared for the September 12, 2020 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 conditions as set forth in the Staff Report; and

WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan

Amendment on September 12, 2020 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 Amendment:

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o Permits a Child Care Center use in the “S-D” district; and

NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated August 4, 2020 for Site Plan #140, and as such application has been modified, revised, or amended as set forth in the Zoning Administration records, for a Site Plan Amendment to amend Conditions #8, #30 and #31, for the parcel of real property known as 601 and 611 S. Carlin Springs Road (RPC# 21-028-097, 21-028-099, -100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, -137, -138, -139, -140, -141, -142, -143, -144), approval is granted and the parcel so described shall be used according to the Site Plan as originally approved on March 24, 1979 and amended from time to time as shown in the records of the Office of the Zoning Administrator, subject to all previously approved conditions for SP #140 and amended Conditions #8 and #22.

1. A final landscape plan which shall include screening and lighting plans primarily for the northern boundary and proposed medical office building area of the Northern Virginia Doctors Hospital complex shall be approved by the County Manager or his designee prior to the issuance of a building permit. The plans shall include provision for a 15- to 30-foot planting strip between proposed structures and the park entrance drive.

2. A site location plan showing all existing trees to be maintained in the construction area is required prior to the issuance of a building permit. Existing trees to be maintained shall be protected by a construction fence with a minimum diameter of 20 feet (smaller diameters can be allowed subject to the approval of the Zoning Administrator, where construction activity does not permit the 20 foot minimum), during periods of construction; and no building permit shall be issued until the Zoning Administrator is satisfied that this requirement has been met and that the tree protection fence has been installed.

3. The façade of the office building and the exposed exterior bulkhead face at each garage level shall be earth-tone brick. The exposed exterior faces of the concrete structural members of the garage shall be sprayed with fine-stone or similar finish.

4. The developer shall screen from public view the existing service entrance and loading area. 5. The developer shall provide space inside the office building for the collection, storage, or

compaction of trash. The service entrance shall also be screened from public view and the four parking spaces in that area shall be eliminated.

6. Parking shall be provided for all construction workers on site at a location agreed to by the applicant and the Zoning Administrator.

7. The storage of construction equipment and supplies shall be performed in a manner that will have the least impact on the neighborhood, stream, and park.

8. Space in the medical office building located at 611 S. Carlin Springs Road may be occupied only by persons medical or dental offices registered and/or licensed for such practice by the state (in

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accordance with the Code of Virginia). Pharmacies may also operate on site, but no other retail establishment. having a professional association with the hospital and their support personnel. 9. Screening plans for the existing and proposed mechanical equipment, including the oxygen storage

area, from both sight and hearing, shall be approved by the County Manager or his designee prior to the issuance of a building permit.

10. The applicant shall have the right to relocate the deleted 24 parking spaces taken from the northerly boundary of the hospital site in such location or locations on site as approved by the County Manager or his designee and the Glencarlyn Citizens Association. Such relocation will not require subsequent site plan amendments or hearings. Further, the applicant shall construct one (1) additional parking space beyond the existing requirement to meet the parking requirement created by the Magnetic Resonance Imaging (MRI) facility.

11. The developer shall reconstruct standard curb, gutter, sidewalk, and assume half the cost of required pavement in accordance with Arlington County design along South Carlin Springs Road from the southern boundary to approximately 100 feet south of 6th Road, South. This

reconstruction is between survey centerline stations 24 + 38 and 30 + 50: the sidewalk through this area shall be 6 feet wide and separated by a A-foot wide landscape/utility strip from the curb and gutter.

12. Applicant agrees to delete the existing 24 parking spaces on the northerly boundary of the existing hospital property facing 5th Road, South, and replace the existing paving with planting as shown on the landscape plan to be approved by the County Manager. The applicant shall agree to fund a proportionate share of curb and gutter at such time as the community desires.

13. The entrance to the proposed office complex shall be an Arlington County standard driveway entrance; the width of which shall not exceed 30 feet from the back of the sidewalk.

14. The developer shall pay for the cost for and relocate the existing sanitary sewer through this site as necessitated by the proposed office and parking structure and detention system.

15. The proposed water service and meter' shall be from South Carlin Springs Road. The developer shall provide the necessary water main extension so as to provide adequate fire protection for the total site.

16. The Department of Public Works shall approve a street tree plan and all final engineering plans prior to the issuance of any building permit.

17. All required easements shall be recorded prior to the issuance of any building permits. The County shall vacate any easements no longer needed after any utilities located therein have been properly relocated.

18. The developer shall execute with the Department of Public reworks a surety agreement, for the construction of all public improvements along and within this site, prior to the issuance of any building permit.

19. The developer shall, prior to the issuance of building permits, comply with all applicable ordinances and local regulations and obtain all State permits, which State agencies determine to be necessary. 20. The site plan approval expires one year after the date of County Board approval if the approved

building is not under construction. Extension of this approval shall be at the sole discretion of the County Board. The "approved building" referenced by this condition applies only to the site plan approval of March 24, 1979 and is not intended to place a time limit on subsequent additions once the site plan has been implemented unless otherwise stated.

21. After grading for and the construction of the retention basin are completed, the developer shall extend a scenic easement to include part of the property east of the parking garage known as the "traded area parcel" plus additional land. Such area being described as within a line 200 feet from

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and parallel to the east property line running from the line of the traded area to the existing park easement, and containing approximately 56,000 square feet.

22. Only one pharmacy and no OB, dentist or optical related professionals shall be permitted to lease space in the office building.

23. The developer shall construct a 4-foot wide bikeway/walkway between Carlin Springs Road and the relocated gate which will be placed immediately southwest of the parking structure.

24. The addition and its related improvements shall be so designed and constructed so as to conform to the requirements of Community Inspections and the Fire Department and other applicable local and state codes and ordinances.

25. A final landscape plan for the area adjacent to the addition and the reconfigured parking area shall be approved by the County Manager or his designee prior to the issuance of a building permit for the addition.

26. The applicant shall submit a five-year master plan, which shall consist of the new additions and associated improvements, including the Magnetic Resonance Imaging (MRI) facility, and future expansion and improvements to the hospital and medical office facilities. The master plan shall be submitted prior to the issuance of the first certificate of occupancy for the new additions, approved as part of the site plan amendment approved on July 13, 1991, or for the MRI facility, whichever is completed first.

27. The applicant shall share the plans for future exterior mechanical improvements, and future noise mitigation measures for the mechanical improvements, with the Glencaryln Citizens Association for their comments prior to the issuance of any building permits for the site.

28. The applicant shall submit plans which describe the measures that will be taken to mitigate noise level of exterior mechanical equipment, including responses to the comments of the Glencarlyn Citizens Association, which shall be approved by the County Manager or his designee prior to the issuance of any building permits.

29. A final site development and landscape plan for the new additions and associated improvements shall be reviewed and approved by the County Manager or his designee prior to the issuance of any building permits for the site.

Board Report #2

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3. International Place Building at 1735 N. Lynn St.

A. SP #335 Site Plan Amendment for the conversion of retail space to office, facade changes, streetscape

improvements, addition of rooftop amenities, and ADA improvements; located at the International Place Building at 1735 N. Lynn St. (RPC# 16-039-018).

B. Deed of easement and subordination from 1735 IP Holding, LLC, granting to the County Board of Arlington

County, Virginia a permanent easement for public sanitary sewer purposes on a portion of the property located at 1735 N. Lynn St., Arlington, Va. (RPC# 16-039-018).

C. Ordinances of encroachment to permit: (i) encroachment of a portion of an existing building onto a public

sanitary sewer easement; and (ii) encroachment of a building facade architectural feature within a public street and utilities easement, both at 1735 N. Lynn St.; RPC # 16-039-018, with Conditions.

On the Consent Agenda vote, after a duly advertised public hearing, the County Board:

Adopted the attached ordinance to approve the site plan amendment to allow for the conversion of ground floor retail space to office, and to permit facade changes, streetscape improvements,

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addition of rooftop amenities, and ADA enhancements for the building located at 1735 North Lynn St. (International Place Building), subject to all previously approved conditions, amended

Conditions #10 and #36; and new Conditions #37, #38 #39, #40 and #41, as set forth in the attached ordinance;

Accepted the Deed of Easement, attached as Attachment 1, from 1735 IP Holding, LLC (the “Owner”), granting to the County Board of Arlington County, Virginia a permanent easement for public sanitary sewer purposes on the property located at 1735 N. Lynn Street, Arlington, VA (RPC# 16-039-018);

Authorized the Real Estate Bureau Chief, Department of Environmental Services, or his designee, to accept the Deed of Easement, attached as Attachment 1, on behalf of the County Board, subject to approval as to form of the Deed of Easement by the County Attorney;

Enacted the attached Ordinance (“Ordinance A”) to permit the encroachment of a portion of an existing building, located at 1735 N. Lynn St., RPC # 16-039-018, onto an easement for public sanitary sewer purposes, with conditions; and

Enacted the attached Ordinance (“Ordinance B”) to permit the encroachment of a façade architectural feature on a building located at 1735 N. Lynn St., RPC # 16-039-018, within an easement for public street and utilities purposes, with conditions.

The adopted Ordinances read as follows:

WHEREAS, an application for a Site Plan Amendment dated March 6, 2020 for Site Plan #335, was filed with the Office of the Zoning Administrator; and

WHEREAS, as indicated in Staff Report provided to the County Board for its July 18, 2020 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; and

WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendment on July 18, 2020 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:

NOW THEREFORE, BE IT ORDAINED that, as originally requested by an application dated March 9, 2020 for Site Plan #335, and as such application has been modified, revised, or amended as set forth in the Zoning Administration records for a Site Plan Amendment to allow for the conversion ground floor retail

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space to office, facade changes, street scape improvements, addition of roof top amenities, and ADA improvements for the International Place Building, on the parcel of real property known as RPC# 16-039-018 and 1735 North Lynn Street approval is granted and the parcel so described shall be used according to the revised site plan application, subject to all previously approved conditions (numbers 1 through 36) with amended Conditions #10 and #36; and new Conditions #37, #38 #39 , #40 and #41 (as proposed below):

10. To the extent changed, sidewalks along all street frontages of this development shall be paved with brick or an interlocking concrete paver and shall be placed on a properly engineered base approved as such by the Department of Public Works. The final selection of materials and colors to be used shall be as determined by the County Manager or his designee on the final site

development and landscape plan in accordance with the Rosslyn-Ballston Streetscape Plan or other applicable urban design standards approved by the County Board and in effect at the time of the site plan approval. The sidewalks shall contain, at a minimum, street tree pit sizes of 60 square feet, as required in the Arlington County Landscape Standards in 4 foot x 6 foot tree grates. Street trees shall not be placed within the vision obstruction area. All public walkways shall be

constructed to County Standard. Street trees shall be guaranteed by the developer for two years after final acceptance of the right-of-way improvements by the Department of Public Works. Before acceptance of the right-of-way improvements a bond and an agreement for this guarantee period shall be submitted to the Department of Public Works by the developer and executed by the developer in favor of the County. The sidewalk sections and street tree species shall be as follows: North Lynn Street- 12-12’9” 11-foot-wide sidewalk with minimum 8’ clear widths at tree pits, street trees approximately 30 feet planted on center in expanded tree pitsgrates, Northern Red Oak (Quercus borealis rubra) 3-3 ½ inch caliper. Wilson Boulevard 10-foot-wide sidewalk with minimum 6’ clear widths at tree pits, three existing Willow Oaks to remainstreet trees planted 30 feet on center in gratesexpanded tree pits, Willow Oaks (Quercus phellos) 3-3 ½ inch caliper.

36. The developer agrees that 6,186 5,989 square feet of storage space as shown on the plans entitled 1735 North Lynn Street Support Documents, dated August 31, 2020 attached to the Sept 12, 2020 Board report shall not be converted to an office use. The space shall be used for storage purposes only and shall not count toward the project’s GFA (SP #335).

37. Final Landscape Plan (Land Disturbance Permits) The Developer agrees to submit revisions to the final landscape plan and façade plan for the building subject to this site plan (SP #335) prior to issuance of any land disturbance permits to allow for improvements to SP #335 as approved by the County Board at their September 12, 2020 meeting. The Developer further agrees to

coordinate the final design of the streetscape elements and rooftop amenity space via the Administrative Change process seeking revisions to the final landscape plan, which shall be designed in a manner consistent with the plans approved by the County Board at their September 12, 2020 meeting.

38. Vacations and Encroachments (Land Disturbance Permits)

A. Approval of Ordinance (Land Disturbance Permits) 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 site plan project, or any portion thereof, as shown on the plans referenced in County Board report, prior to the issuance of land disturbance permits, with the exception of land disturbance permits solely for buildings and structures not owned by the County and not located on property within which the County has an interest.

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B. Obtain Ordinance (Land Disturbance Permit) Further, 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 the Developer has first, before any land disturbance permit is issued: 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).

39. Façade Treatment of Buildings (Land Disturbance Permit)

1. The Developer agrees that the design of the facade treatment for the buildings and the

materials to be used on the facades shall be consistent, in terms of massing, materials, fenestration, rhythm and overall architectural vocabulary, with this Site Plan approval and the drawings as presented to and approved by the County Board on September 12, 2020 and made a part of the public record on the date of County Board approval of this Site Plan. 2. Submission of Facade Elevation Drawings and Material Samples (Land Disturbance

Permit)

The Developer agrees to submit to the Zoning Office, for review by the County Manager prior to the issuance of the Land Disturbance Permit, one(1) copy of colored elevations and one (1) copy of black and white architectural elevations, submitted electronically to the County Architect, which label the materials and colors for each elevation of the building, including interior façade elevations (e.g. elevations adjacent to interior courtyards, plazas and access drives), and which identify any proposed change from the drawings identified in the drawings approved on September 12, 2020, along with a written summary and explanation of the proposed changes, as well as one (1) sample material board, submitted electronically to the County Architect as a photo board with description of materials.

3. Approval of Facade Elevation Drawings and Material Samples (Land Disturbance

Permit)

The Developer agrees to obtain the approval of the County Manager of the façade elevation drawings and material samples submitted per this Condition 39, as being consistent with the intent of the County Board’s approval of the Site Plan, including any changes approved administratively or through site plan amendment, prior to the issuance of the Land Disturbance Permit.

4. Inspection and Approval of Built Façade (Certificate of Occupancy)

The Developer agrees to obtain approval of the County Manager of the built building façades as being consistent with the approved façade elevations and materials prior to the issuance of the Certificate of Occupancy.

40. Tree Replacement (Certificate of Occupancy)

The developer agrees to notify the Department of Parks and Recreation (DPR) Urban Forester

at least 72 hours in 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 DPR to inspect the plant material, the tree pit and the technique of planting prior to the issuance of the Certificate of Occupancy. Soil used in the tree pit must meet the specifications for street tree planting available from the DPR Urban Forester. The developer agrees to maintain all street trees for the life of this project.

41. Prior to the issuance of a Land Disturbance Permit the applicant agrees to grant to the County a permanent easement, thirty (30) feet wide, for sanitary sewer purposes in the location of the existing sanitary sewer lines.

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ORDINANCE A

ORDINANCE OF ENCROACHMENT TO PERMIT THE ENCROACHMENT OF A PORTION OF AN EXISTING BUILDING ONTO AN EASEMENT FOR PUBLIC SANITARY SEWER PURPOSES ON PART LOT 4, BLOCK 11, ROSSLYN, COMMONLY KNOWN AS 1735 N. LYNN STREET, RPC # 16-039-018, WITH CONDITIONS.

BE IT ORDAINED by the County Board of Arlington County, Virginia, that 1735 IP Holding, LLC (the “Applicant”), the owner of Part Lot 4, Block 11, Rosslyn, commonly known as 1735 N. Lynn Street, RPC # 16-039-018, is hereby permitted to encroach with portions of an existing building (“the “Encroachment”) into a perpetual easement for public sanitary sewer purposes (the “Easement”), to be recorded among the land records of Arlington County, Virginia as described below, and as further shown on the plat attached to the County Manager’s Report, dated September 2, 2020, entitled “Plat Showing Encroachment of Public Sanitary Sewer Easement on Part Original Property of Windridge and Handy, Inc., Deed Book 1186, Page 8, Arlington County, Virginia”, prepared by J. Thomas Harding, Land Surveyor, VIKA Virginia LLC, dated June 29, 2020, revised September 1, 2020, and attached hereto as Exhibit A (the “Plat”). The Encroachment described above, and all equipment and facilities contained therein, are only permitted to serve the building identified as 1735 N. Lynn Street (RPC # 16-039-018). No other structures are permitted to be installed or constructed by the Applicant, or to exist within the Easement shown on the Plat.

BE IT FURTHER ORDAINED that this permission for the Encroachment shall continue until such time as those portions of the Encroachment, encroaching within the Easement, are destroyed, removed, no longer in use, or not continuously and promptly maintained by the Applicant. Nothing in this Ordinance shall be construed either: to allow the installation by Applicant of any above ground structure or any structure other than those structures permitted within the areas as shown on the Plat; or to allow any greater encroachment beyond the dimensions shown on the Plat.

BE IT FURTHER ORDAINED that the Applicant, its successors and assigns, shall continuously and promptly maintain the Encroachment, and maintain, restore, repair, and replace all County owned facilities located within the Easement, which are damaged by the installation, maintenance, destruction, continued existence, repair or removal of the Encroachment, in accordance with Site Plan # 335 and all applicable County standards.

BE IT FURTHER ORDAINED that this Ordinance shall not be construed to release the Applicant, its successors and assigns, of negligence on their part on account of such Encroachment, and the Applicant, by constructing, or causing to be constructed and by continuing to have and maintain the Encroachment within the Easement, thereby agrees for itself, its successors and assigns, to indemnify and hold harmless the County Board of Arlington County, Virginia and County officials, officers, employees and agents from all claims, negligence, damages, costs and expenses arising out of the construction, maintenance, repair and removal of the Encroachment, and the permission for such structures to encroach within the Easement as permitted by this Ordinance.

BE IT FURTHER ORDAINED that:

1. The Applicant shall dedicate, grant and convey the Easement to the County by deed of easement, in a form approved by the County Attorney, in the location and in the dimensions shown on the Plat and as otherwise required by the Director of Director of Environmental Services, or his designee. This Ordinance shall only become effective upon the acceptance of such deed of easement by the County and the recording of such deed of easement by the Applicant in the land records of the Circuit Court of Arlington County, Virginia. The recording of this Ordinance required by paragraph 4 of the Ordinance shall occur after the acceptance and recording of the deed of easement conveying the Easement.

2. The Applicant shall prepare and submit to the County for review and approval all required plats, and all required deeds of easement, subject to approval thereof by the County Manager, or his designee, and approval of the deeds as to form by the County Attorney. The Real Estate Bureau Chief, Department of Environmental Services, or his designee, is authorized to accept the deeds on behalf of the County.

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3. The Applicant shall pay all fees, including the fees for review, approval, and recordation of the required documents associated with the Easement and the Ordinance of Encroachment.

4. The Applicant shall record a copy of this Ordinance, all plats, and all deeds of easement required by this Ordinance among the Land Records prior to the issuance of any Demolition and Land Disturbance permits.

5. All conditions of the Ordinance of Encroachment shall be met by noon on September 12, 2021, or the Ordinance of Encroachment shall become null and void, without the necessity of any further action by the County Board.

ORDINANCE B

ORDINANCE OF ENCROACHMENT TO PERMIT THE ENCROACHMENT OF A BUILDING FAÇADE ARCHITECTURAL FEATURE WITHIN AN EASEMENT FOR PUBLIC STREET AND UTILITIES PURPOSES ON PART LOT 4, BLOCK 11, ROSSLYN, COMMONLY KNOWN KNOWN AS 1735 N. LYNN STREET, RPC # 16-039-018, WITH CONDITIONS.

BE IT ORDAINED by the County Board of Arlington County, Virginia, that 1735 IP Holding, LLC (the “Applicant”), the owner of the property located at Part Lot 4, Block 11, Rosslyn, commonly known as 1735 N. Lynn Street, RPC # 16-039-018, is hereby permitted to encroach with portions of a building façade architectural feature (“the “Encroachment”) into a perpetual easement for public street and utilities purposes (the “Easement”), recorded in Deed Book 1791, Page 429 of the land records of Arlington County, Virginia (the “Land Records”), and as further shown on the plat attached to the County Manager’s Report, dated September 2, 2020, entitled “Plat Showing Encroachment Areas Over a Portion of an Existing Easement for Public Street Purposes, Deed Book 1791 Page 429, Through the Property of 1735 IP Holding, LLC, Inst. # 20190100015067, Arlington County, Virginia”, prepared by Franklin E. Jenkins, Land Surveyor, VIKA Virginia, LLC, dated June 26, 2020, revised August 27, 2020, and attached hereto as Exhibit A (the “Plat”). The Encroachment described above, and all equipment and facilities contained therein, are only permitted to serve the building identified as 1735 N. Lynn Street (RPC # 16-039-018). No other structures are permitted to be installed or constructed by the Applicant, or to exist within the Easement shown on the Plat, except as otherwise permitted by action of the County Board.

BE IT FURTHER ORDAINED that this permission for the Encroachment shall continue until such time as those portions of the Encroachment, encroaching within the Easement, are destroyed, removed, no longer in use, or not continuously and promptly maintained by the Applicant. Unless otherwise permitted by action of the County Board, nothing in this Ordinance shall be construed either: to allow the installation by Applicant of any above ground structure or any structure other than those structures permitted within the areas as shown on the Plat; or to allow any greater encroachment beyond the dimensions shown on the Plat.

BE IT FURTHER ORDAINED that the Applicant, its successors and assigns, shall continuously and promptly maintain the Encroachment, and maintain, restore, repair, and replace all County owned facilities located within and adjacent to the Easement, including any sidewalk, curb and gutter, and paved surface, which are damaged by the installation, maintenance, destruction, continued existence, repair or removal of the Encroachment, in accordance with Site Plan # 335 and all applicable County standards.

BE IT FURTHER ORDAINED that this Ordinance shall not be construed to release the Applicant, its successors and assigns, of negligence on their part on account of such Encroachment, and the Applicant, by constructing, or causing to be constructed and by continuing to have and maintain the Encroachment within the Easement, thereby agrees for itself, its successors and assigns, to indemnify and hold harmless the County Board of Arlington County, Virginia and County officials, officers, employees and agents from all claims, negligence, damages, costs and expenses arising out of the construction, maintenance, repair and removal of the Encroachment, and the permission for such structures to encroach within the Easement as permitted by this Ordinance.

BE IT FURTHER ORDAINED that:

1. No portion of the Encroachment permitted by this Ordinance to encroach within the Easement shall be constructed until the Applicant has paid to the County the total sum of Seven Thousand Eighty Dollars ($7,080.00) as compensation for said Encroachment.

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2. The Applicant shall prepare and submit to the County for review and approval all required plats, subject to approval thereof by the County Manager, or his designee.

3. The Applicant shall pay all fees, including the fees for review, approval, and recordation of the required documents associated with the Ordinance of Encroachment.

4. The Applicant shall record a copy of this Ordinance and all plats required by this Ordinance among the Land Records.

5. All conditions of the Ordinance of Encroachment shall be met by noon on September 12, 2021, or the Ordinance of Encroachment shall become null and void, without the necessity of any further action by the County Board.

Board Report #3A (Updated 09-10-2020 with Corrected Condition) Board Report #3 B. (Posted 09-10-2020)

Board Report #3 C.

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Use Permit Requests, Amendments and Reviews

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4. Ballston Quarter: Outdoor Cafe Use Permit Reviews

A. SP193-U-18-1 Use Permit associated with a site plan review for an outdoor cafe within a public easement at

Ballston Quarter (Compass Coffee); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047).

B. SP193-U-18-2 Use Permit associated with a site plan review for an outdoor cafe within a public easement at

Ballston Quarter (South Block); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047).

C. SP193-U-18-3 Use Permit associated with a site plan review for an outdoor cafe within a public easement at

Ballston Quarter (Ted's Bulletin); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047).

D. SP193-U-18-4 U Use Permit associated with a site plan review for an outdoor cafe within a public easement

at Ballston Quarter (Union Kitchen); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047).

E. SP193-U-18-5 Use Permit associated with a site plan review for an outdoor cafe within a public easement at

Ballston Quarter (Bartaco); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047).

F. SP193-U-18-6 Use Permit associated with a site plan review for an outdoor cafe within a public easement at

Ballston Quarter (True Food Kitchen); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047).

G. SP193-U-18-7 Use Permit associated with a site plan review for an outdoor cafe within a public easement at

Ballston Quarter (Copa); located at 4100 and 4238 Wilson Blvd. (RPC# 14-059-046, -047). On the Consent Agenda vote, after a duly advertised public hearing, the County Board renewed the subject use permits (A, B, D, and E), subject to all previously approved conditions, and with a County Board review in one (1) year (September 2021), and renewed the subject use permits (C, F, and G), subject to all previously approved conditions, and with an administrative review in six (6) months (March 2021) and in three (3) years (September 2023), and a County Board review in five (5) years (September 2025).

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The approved Use Permit conditions read as follows: A. Compass Coffee (SP193-U-18-1):

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant. The applicant further agrees that the outdoor café area for Compass Coffee shall be consistent with the location and extents shown on the plans attached to the staff report for the September 22, 2018 County Board meeting titled “L-1.15 – Proposed Outdoor Café for Compass Coffee (SP193-U-18-1)”, dated August 24, 2018.

2. The applicant agrees to comply with all requirements set forth in all applicable ordinances and regulations, including, by way of illustration and not limitation, those administered by the Zoning Division, the Inspection Services Division, the Community Code Enforcement Office, the Police Department, the Fire Marshal's Office, the Department of Environmental Services, and the Virginia Alcoholic Beverage Control Board.

3. The applicant agrees that no live entertainment or dancing is permitted in the outdoor café area. 4. The applicant agrees that the outdoor café shall have fewer seats than the indoor portion of the

restaurant.

5. The applicant agrees that no sound or audio or video entertainment, including but not limited to television or radio playing of music and/or sports events, may be piped into, or played so as to be visible or audible from the outdoor café area before 11 a.m. or after 11 p.m. on Fridays and Saturdays, and before 11 a.m. or after 10 p.m. on Sundays through Thursdays.

6. The applicant agrees that all fixtures and furnishings in the outdoor café, including but not limited to, tables, chairs, umbrellas, server stations, barriers or fences, and sources of heat, shall be portable and not affixed to the ground, building or other permanent structures. The applicant further agrees that the outdoor café shall not be enclosed.

7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area, along Wilson Blvd. and N. Randolph St. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

8. The applicant agrees to designate a neighborhood liaison to communicate with the nearby residents and neighbors to address concerns which may be related to the outdoor café and an on-site liaison (this may be the same person) that shall be available during the hours of the business operation to receive and respond to developer/landlord and community concerns. The name, telephone number and electronic mail address (if available) of the on-site liaison shall be submitted to the Zoning Administrator and a copy sent to the Ashton Heights, Ballston-Virginia Square, Bluemont, and Buckingham Civic Associations, prior to the issuance of a Certificate of Occupancy for the outdoor café.

9. The applicant agrees to comply with all conditions of Site Plan #193 (Residential Project), including, but not limited to, Condition #63 (Outdoor Cafes) and other applicable statutes, codes and ordinances.

B. South Block (SP193-U-18-2):

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant. The applicant further agrees that the outdoor café area for South Block shall be consistent with the location and extents shown on the plans attached to the staff report for the September 22, 2018 County Board meeting titled “L-1.16 – Proposed Outdoor Café for Southblock Juice (SP193-U-18-2)”, dated August 24, 2018.

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restaurant.

7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area within the mews. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

9. The applicant agrees to comply with all conditions of Site Plan #193 (Residential Project), including, but not limited to, Condition #63 (Outdoor Cafes) and other applicable statutes, codes and ordinances.

C. Ted’s Bulletin (SP193-U-18-3):

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant. The applicant further agrees that the outdoor café area for Ted’s Bulletin shall be consistent with the location and extents shown on the plans attached to the staff report for the September 22, 2018 County Board meeting titled “L-1.12 – Proposed Outdoor Café for Ted’s Bulletin (SP193-U-18-3)”, dated August 24, 2018.

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7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

9. The applicant agrees to comply with all conditions of Site Plan #193 (Mall Project), including, but not limited to, Condition #67 (Outdoor Cafes) and other applicable statutes, codes and ordinances. D. Union Kitchen (SP193-U-18-4):

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant. The applicant further agrees that the outdoor café area for Union Kitchen shall be consistent with the location and extents shown on the plans attached to the staff report for the September 22, 2018 County Board meeting titled “L-1.14 – Proposed Outdoor Café for Union Kitchen (SP193-U-18-4)”, dated August 24, 2018.

restaurant.

7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area. The applicant

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further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

9. The applicant agrees to comply with all relevant conditions of Site Plan #193 (Residential Project), including, but not limited to, Condition #63 (Outdoor Cafes) and other applicable statutes, codes and ordinances.

E. Bartaco (SP193-U-18-5):

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant. The applicant further agrees that the outdoor café area for Bartaco shall be consistent with the location and extents shown on the plans attached to the staff report for the September 22, 2018 County Board meeting titled “L-1.13 – Proposed Outdoor Café for Bartaco (SP193-U-18-5)”, dated August 24, 2018.

restaurant.

7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

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9. The applicant agrees to comply with all relevant conditions of Site Plan #193 (Mall Project), including, but not limited to, Condition #67 (Outdoor Cafes) and other applicable statutes, codes and ordinances.

F. True Food Kitchen (SP193-U-18-6):

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant. The applicant further agrees that the outdoor café area for True Food Kitchen shall be consistent with the location and extents shown on the plans attached to the staff report for the September 22, 2018 County Board meeting titled “L-1.11 – Proposed Outdoor Café for True Food Kitchen (SP193-U-18-6)”, dated August 24, 2018. Unless otherwise required by the Building Official or Fire Marshal, entrance and egress to/from the outdoor café is prohibited adjacent to the public plaza overlook area within Area D - Easement for Public Space.

restaurant.

7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone or into the public plaza overlook area.

9. The applicant agrees to comply with all relevant conditions of Site Plan #193 (Mall Project), including, but not limited to, Condition #67 (Outdoor Cafes) and other applicable statutes, codes and ordinances.

G. Copa (SP193-U-18-7)

1. The applicant agrees that the outdoor café is permitted to operate from 6 a.m. to 12 a.m., seven (7) days a week, but shall not operate beyond the operating hours for the indoor restaurant, the

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COPA. The applicant further agrees that the outdoor café area for COPA shall be consistent with the location and extents shown on the plans attached to the staff report for the February 23, 2019 County Board meeting titled “Site Plan & Floor Plan”, dated November 7, 2018.

restaurant.

7. The applicant agrees to maintain at least a 10-foot clear walkway zone (an unobstructed area serving as circulation space for pedestrians) adjacent to the café seating area, near the bottom of the steps and escalators in the public plaza. The applicant further agrees that outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone. 8. The applicant agrees to designate a neighborhood liaison to communicate with the nearby

residents and neighbors to address concerns which may be related to the outdoor café and an on-site liaison (this may be the same person) that shall be available during the hours of the business operation to receive and respond to developer/landlord and community concerns. Prior to the issuance of a Certificate of Occupancy for the outdoor café, the applicant agrees that the name, telephone number and electronic mail address (if available) of the on-site liaison shall be submitted to the Zoning Administrator and a copy sent to the Ashton Heights, Ballston-Virginia Square, Bluemont, and Buckingham Civic Associations.

9. The applicant agrees to comply with all conditions of Site Plan #193 (Mall Project), including, but not limited to, Condition #67 (Outdoor Cafes) and other applicable statutes, codes and ordinances. Board Report #4

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5. SP196-U-20-1 Use Permit associated with a site plan for an outdoor cafe (Thai Treasure);

located at 3811 Fairfax Drive (RPC# 14-030-055).

On the Consent Agenda vote, after a duly advertised public hearing, the County Board approvee the use permit associated with a site plan to permit an outdoor café in a public easement subject to the conditions of the staff report and with a County Board review in one (1) year (September 2021).

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1. The applicant agrees that the outdoor café is permitted only from 11 a.m. to 11 p.m., Sunday through Saturday. The applicant further agrees that the outdoor café area shall be generally consistent with the plans attached to the staff report for September 12, 2020 County Board meeting, dated August 5, 2020.

2. The applicant agrees that the maximum number of seats permitted in the outdoor café shall not exceed 10 seats.

3. The applicant agrees to comply with all requirements set forth in all applicable ordinances and regulations, including, by way of illustration and not limitation, those administered by the Zoning Office, the Inspection Services Division, the Community Code Enforcement Office, the Police Department, and the Fire Marshal's Office, the Department of Environmental Services, and the Virginia Alcoholic Beverage Control Board.

4. The applicant agrees that no live entertainment or dancing are permitted in the outdoor café area at any time.

5. No sound or audio or video entertainment, including but not limited to television or radio playing of music and/or sports events, may be piped into, or played so as to be visible or audible from the outdoor café area before 9 a.m. or after 11 p.m. on Fridays and Saturdays and before 9 a.m. or after 10 p.m. on Sundays through Thursdays.

6. The applicant agrees to designate a neighborhood liaison to communicate with the nearby residents and neighbors to address concerns which may be related to the outdoor café and an on-site liaison (this may be the same person) that shall be available during the hours of the business operation to receive and respond to developer/landlord and community concerns. The name, telephone number and electronic mail address (if available) of the on-site liaison shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square Association and Ashton Heights civic associations, prior to the issuance of a certificate of occupancy for the outdoor café. 7. The applicant agrees to maintain at least a six-foot clear walkway zone along Fairfax Drive. The

applicant further agrees that the outdoor café seating, fencing or barriers, and umbrellas shall not encroach into or hang over the clear walkway zone.

8. The applicant agrees that all fixtures and furnishings, including but not limited to, tables, chairs, umbrellas, server stations, barriers or fences, and sources of heat, located in a public easement or in the public right-of-way shall not be affixed to the ground, building, or other permanent

structure. The applicant further agrees that the outdoor café shall not be enclosed.

9. The applicant agrees to request, in writing to the County Manager with a copy provided to the

Zoning Administrator,that their Temporary Outdoor Seating Area (TOSA) application (TOSA039) be

terminated within five (5) business days of issuance of the Certificate of Occupancy for the outdoor seating in association with this use permit, and that such written request be provided to the County prior to issuance of this Certificate of Occupancy.

Board Report #5

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6. SP435-U-19-1 Use Permit associated with a site plan review for a temporary off-site

contractors’ storage and staging area (Former Courthouse Wendy’s site); located at 2026 and 2038 Wilson Blvd. (RPC# 17-011-011, 17-011-012).

On the Consent Agenda vote, after a duly advertised public hearing, the County Board renewed the use permit associated with a site plan for a temporary off-site contractor’s storage and staging area, subject to the previously approved conditions of the staff report and with a six (6) month (March 2021) administrative review and a one (1) year County Board review (September 2021).