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					                             ARLINGTON COUNTY, VIRGINIA


                                      County Board Agenda Item
                                      Meeting of March 17, 2007



                                 FINAL REVISED REPORT

DATE: March 19, 2007

SUBJECTS:         On the County Board’s Own Motion:

                      A. ADOPTION OF LOCAL ORDINANCE: expand Buckingham Historic
                         District by designating buildings, open space, trees, landscaping and
                         other structures and features within property of Buckingham Village 3
                         as historic landmarks and establishing all of Village 3 as part of
                         Historic District.

                      B. ADOPTION OF AMENDMENT TO COMPREHENSIVE PLAN-
                         MASTER TRANSPORTATION PLAN-PART I – add new sections of
                         3rd Street North between North Pershing Drive and North Henderson
                         Road and 4th Street North between George Mason Drive and the
                         proposed new section of 3rd Street North.

                      C. Z-2533-07-1 REZONING from “R-6” One Family Dwelling Districts
                         to “RA8-18” Apartment Dwelling Districts; premises known as 4319
                         N. Pershing Dr. (Buckingham Villages 1 and 3) (RPC #20-024-004).

                      D. SP # 405 SITE PLAN for construction of approximately 766 apartment
                         and townhouse units, including approximately 300 affordable dwelling
                         units; premises known as 4319 N. Pershing Dr (Buckingham Villages 1
                         and 3) (RPC #20-023-002, 20-024-004)

County Manager: _____________

County Attorney: _____________

Staff:   Freida Wray, Planning Division, DCPHD
         David Cristeal, Housing Division, DCPHD
         Robert Gibson, Planning Division, DES
         Michael Leventhal, Neighborhood Services, DCPHD

PLA-4637
Applicant:
North Pershing Drive Apartments Investors LLC
242 Trumbull Street, 4th Floor
Hartford, Connecticut 06103

By:
Paradigm Development Company
1415 North Taft Street, Suite 100
Arlington, Virginia 22201

REVISION EXPLANATION: The report has been revised to clarify language and incorporate
information previously shown blank in the C.M. Recommendation section. This final revised
report also includes a response to the issues raised at the Planning Commission meeting on
March 15, 2007, discussion of the tenant relocation plan and issues raised at the Tenant-Landlord
Commission, and further clarification of various conditions.

C.M. RECOMMENDATION:

   1. Authorize the County Manager to execute a contract for the purchase of Buckingham
      Village 3 for $xx,xxx,xxx $32,130,000 and other terms and conditions as outlined in
      XXXXXX the “Village 3 Purchase Contract” (referenced in Condition #78) and further
      authorize the County Manager to develop an affordable housing plan to commit all 140
      housing units in Buckingham Village 3 as permanent affordable units (including
      consideration of homeownership).

   2. Adopt the attached ordinance (Exhibit A) to expand the Buckingham Historic District by
      designating buildings, open space, trees, landscaping and other structures and features
      within the property of Buckingham Village 3 as part of the Historic District.

   3. Adopt the attached resolution (Exhibit B) to amend the Comprehensive Plan-Master
      Transportation Plan-Part I to add new sections of 3rd Street North between North
      Pershing Drive and North Henderson Road and 4th Street North between George Mason
      Drive and the proposed new section of 3rd Street North, as shown on the attached map.

   4. Authorize the County Manager to execute a contract for the purchase of new sections of
      3rd Street North between North Pershing Drive and North Henderson Road and 4th Street
      North between George Mason Drive and the proposed new section of 3rd Street North and
      the purchase of open space / park land within the new 4th Street in the amount of
      $xx,xxx,xxx $11,780,000 and other terms and conditions as outlined in XXXXXXXX the
      “Park and Streets Contract” (referenced in Condition #76).

   5. Adopt the attached resolution (Exhibit C) to approve a rezoning from “R-6” One Family

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PLA - 4637
       Dwelling Districts to “RA8-18” Apartment Dwelling Districts; premises known as 4319
       N. Pershing Dr. (Buckingham Villages 1 and 3) (RPC #20-024-004).

   6. Approve the site plan for construction of approximately 766, revised to 714 apartment
      and townhouse units, including approximately 300 committed affordable dwelling units;
      premises known as 4319 N. Pershing Dr (Buckingham Villages 1 and 3) (RPC #20-023-
      002, 20-024-004).

   7. Authorize the County Manager to negotiate the provision of 60 affordable rental units in
      Buckingham Village 1 and/or Ballston Park at Historic Buckingham (HBP).

ISSUES: Should the County enter into a voluntary agreement with the property owners to
provide for affordable housing, community preservation, historical preservation, new public
streets and open space, and a form of development that would otherwise not be supported by
marketplace economics?

SUMMARY: This proposal represents a significant effort on the part of the County and the
applicant, Paradigm Companies, to preserve an existing community, including its historical
characteristics and affordable housing. It is the result of an intensive community process that
was implemented as required by the Memorandum of Understanding (MOU) approved between
the County Board and the developer last July 2006. Absent the MOU, Buckingham Villages 1
and 3 could have been redeveloped by-right as townhouses with no public involvement.
Through the MOU process, citizens, staff and the developer worked together to explore several
redevelopment options for Village 1, in consideration of the overall goals of providing a
minimum of 300 committed affordable housing units on both Villages 1 and 3 and preserving
Village 3.

The redevelopment options for Village 1 were analyzed for their historical compatibility with
adjacent historic structures, for massing and form in context with surrounding development,
pedestrian and vehicular connectivity, and open space. The proposal that is the subject of this
request has successfully balanced these goals. It preserves an existing community of affordable
housing and historical buildings, and creates a new development that relates well to the
preserved development and will provide a diversity of housing opportunities, new public streets
and a new public park. It will benefit not only the immediate Buckingham community but the
entire County.

Also, as a result of this proposal, Village 3 will be included in the local Buckingham Historic
District; two new public streets will be constructed (as extensions of the existing 3rd and 4th
Streets) which will break up the super block and reduce traffic volumes on primary streets; a new
public park, including a tot lot, will be constructed; and 300 committed affordable dwelling units
will be provided in Villages 1 and 3 and within the Buckingham community. The proposal is
consistent with the Historic Preservation Master Plan, the Master Transportation Plan and the

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General Land Use Plan, as well as the goals set forth in the MOU.

The benefits to the County are extraordinary. The benefits of this project would not be provided
in a by-right development and are not supported by the economics of the project as presented.
Consequently, investments are required by the County to achieve the tenant and community
preservation, affordable housing, historic preservation, new roads, and park. To support these
public amenities and public policy goals, County staff and the applicant have reached the general
terms of an agreement in principle concerning the following:
    • County acquisition of 1.9 acres in Village 1 for street and park purposes at an appraised
        price of $11,780,000.
    • County funding for the cost of street and infrastructure improvements associated with the
        construction of the extension of 3rd and 4th Streets and the park (actual amount
        determined through a competitive bidding process during construction).
    • County acquisition of Village 3 for approximately $32,130,000, which is a discount of
        10% from the appraised price. The County would be permitted to assign the agreement
        of sale to others. Closing on the property would occur within two years.
    • County funding of $7 million for 100 units of affordable housing in Village 1.
    • County funding for rehabilitation of 140 units of affordable housing in Village 3.
    • County funding for 60 units of affordable housing in Village 1 and/or Ballston Park at
        Historic Buckingham.
    • Specific Buckingham Village tenant assistance efforts, including a Tenant Relocation
        Plan and customized Priority Ranking System, creation of an advisory group, a Tenant
        Assistance Fund (TAF), a tenant hardship fund, and a fund for tenant-assistance and
        support services (e.g. to a community-based non-profit, such as BU-GATA or BRAVO).

County staff and the applicant are finalizing the exact terms for the above items and conducting
normal due diligence necessary for land acquisition. The land acquisition is typical of what the
County and other local governments do for the creation of streets and parks. The acquisition of
Village 3 will ultimately become a partnership with an affordable housing provider similar to
what we have done at the Gates of Ballston and Historic Ballston Park at Buckingham Village.
County support of new affordable units, rehab of historical units, and acquisition of units in
existing nearby properties will also be achieved consistent with the County’s other affordable
housing partnerships. In summary, the public investment in this project is all tied directly to the
value of the public purposes for which the funds will be allocated.

BACKGROUND: The Buckingham Villages 1, 2 and 3 were acquired in the early 1990’s by a
partnership including the Paradigm Companies and UBS. The existing development in Villages
1 and 3 contains a total of 372 garden-style apartment residential units (232 units in Village 1
and 140 units in Village 3), located in a series of 2-story brick buildings. Villages 1 and 3 were
constructed in phases between 1939 and 1953. Early in 2006, the current owners determined
that renovation of the property was not economically feasible and proposed the redevelopment of
the entire site that would have resulted in the removal of all the existing buildings.

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On July 11, 2006, the County Board entered into a Memorandum of Understanding (MOU) with
Paradigm Development Corporation to participate in a process that would result in a
redevelopment plan for Villages 1, 2 and 3 in the Buckingham community. Also on that date,
the County Board deferred action on the local Historic Landmarks designation on Buckingham
Villages 1, 2 and 3, and deferred authorizing advertisement of a public hearing to incorporate
Buckingham Villages 1, 2 and 3 into the Buckingham Historic District, until such time as the
County Board directs the County Manager to schedule these items for action. The public hearing
for the Historic Landmarks designation was closed on July 11, 2006. On January 27, 2007, the
County Board authorized advertisement of a public hearing by the Planning Commission on
March 5, 2007 and the County Board on March 17, 2007 to consider incorporation of
Buckingham Village 3 into the Buckingham Historic District. The other elements of this
proposal (items B, C and D above) were also authorized for advertisement. Finally, on February
24, 2007, the County Board, with agreement from Paradigm, extended the term of the MOU to
April 30, 2007.

The MOU identified the following four (4) objectives for redevelopment of Buckingham
Villages 1, 2 and 3:
       Preservation of as much affordable housing as possible within Buckingham Village or in
       the immediate neighborhood, including Historic Ballston Park; with a goal of no less than
       300 committed affordable units;
       Enabling people who currently live in Buckingham Village to continue to live in
       Buckingham Villages or in the immediate neighborhood, including Historic Ballston
       Park;
       Historic preservation of Buckingham Village 3 and historically sensitive redevelopment
       of the other Villages 1 and 2; and,
       Incorporation of land values that approximate what could be achieved under by-right
       development.

Paradigm, the County and the community agreed to work for the period of the MOU in a good
faith effort to craft a redevelopment plan that would meet the above objectives and would be
practical for the property owners, for consideration by the County Board by the extended term of
the MOU of April 30, 2007. The redevelopment plan would include the following elements:
        Village 1 as part of a site plan of townhouses and affordable and market-rate rental units;
        Village 2 as an historically sensitive by-right development;
        Village 3 as part of a site plan that preserves the buildings and the units as historic and
        affordable.
    • 300 affordable dwelling units, which number could increase if other creative solutions
        are developed, such as seeking additional affordable units off-site at locations nearby in
        the Buckingham community.




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The resulting redevelopment proposal for Villages 1 and 3 includes the following:

   •       Expansion of the Buckingham Historic District by designating the buildings, open space,
           trees, landscaping and other structures and features within the property of Buckingham
           Village 3 as part of the Historic District.
   •       Master Transportation Plan Amendments to extend 3rd Street North between North
           Pershing Drive and North Henderson Road and to extend 4th Street North between
           George Mason Drive and the new extended 3rd Street North.
   •       Rezoning from “R-6” One-Family Dwelling Districts to “RA8-18” Apartment Dwelling
           District for a portion (27,189 square feet) of the Village 1 site located adjacent to
           Henderson Road.
   •       Site Plan for redevelopment of Village 1 to include two multi-family residential buildings
           containing a total of 506 dwelling units and a townhouse development containing 68
           units; preservation of Village 3 (140 units); and bonus density for the provision of on-
           and off-site affordable dwelling units and historic and community preservation of Village
           3.

The following provides additional information about the site and location:

       •    Site: The site plan includes Villages 1 and 3 of the Buckingham Village community.
            Village 1 is bounded by North Henderson Road, North George Mason Drive, North
            Pershing Drive and the Culpepper Garden development to the southwest. Village 3 is
            bounded by North George Mason Drive, North Pershing Drive, 4th Street North and
            North Thomas Street.

            To the         To the northwest across N. Henderson Road, Barrett Elementary
            north:         School. To the northeast, across George Mason Drive, Village 2
                           to be redeveloped by-right with a townhouse development, and the
                           existing George Mason Apartments.

            To the west:   Contiguous to the southwest, Culpepper Garden elderly residential
                           facility. Further southwest across N. Henderson Road, a single
                           family neighborhood within the Arlington Forest civic association
                           boundaries.

            To the east:   Across N. Thomas Street, to the northeast, the Gates of Ballston
                           (AHC – Villages 4, 5, 6 & 7)

            To the         Across Pershing Drive, to the southeast, the Arlington Oaks
            south:         Condominiums.

       •    Zoning: Most of the Villages 1 and 3 sites (16.416 acres) are zoned “RA8-18”
            Apartment Dwelling Districts. A small portion of the Village 1 site (27,189 square
            feet) is zoned “R-6” and the applicant has requested to rezone it to “RA8-18”.



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     •   Land Use: The Village 1 and 3 sites are designated on the GLUP as “Low-Medium”
         Residential (16-36 units/acre).

     •   Neighborhood: This site is located within the Buckingham Community Civic
         Association.

Proposed Rezoning: The subject site comprises the Buckingham Villages 1 and 3.
Buckingham Village 1 is currently zoned “RA8-18” Apartment Dwelling Districts (465,262
square feet), with a small piece of “R-6” One Family Dwelling Districts (27,189 square feet).
The entire Buckingham Village 3 is zoned “RA8-18” Apartment Dwelling Districts (249,835
square feet).

In 1942 and 1946, when the Village 1 site was rezoned to “RA8-18”, the 110 feet of property
fronting North Henderson Road (27,189 square feet) was not included and retained its “R-6”
zoning. The “R-6” district permits single-family dwellings at a maximum density of 7.26 units
per acre with a minimum lot size of 6,000 square feet. Based on the current zoning, a maximum
of four (4) single family dwellings would be permitted on the parcel by-right. This proposal
would rezone the parcel to “RA8-18” Apartment Dwelling Districts, which would permit a
maximum density of 36 units per acre, or a maximum of 22 units. The proposed zoning district
would be consistent with the balance of the Buckingham Village 1 and 3 sites, and with the site’s
“Low-Medium” Residential (16-36 units/acre) GLUP designation.

The following table summarizes the maximum development permitted under the proposed
“RA8-18” zoning classification.

By-Right under the “RA8-18” District and Applicant’s By-Right Alternative
Existing Zoning            Density Allowed             Potential and Alternative
                                                       Development
        Village 1
“RA8-18” (492,451 sq. ft.) 36 apartment or townhouse   407 units
                           units per acre (minimum lot (Applicant’s by-right alternative
                           area of 1,200 sq. ft.)      includes 230 townhouse units)
        Village 3
“RA8-18” (249,835 sq. ft.) 36 apartment or townhouse   206 units
                           units per acre (minimum lot (Applicant’s by-right alternative
                           area of 1,200 sq. ft.)      includes 125 townhouse units)


By Site Plan under the “RA8-18” District and Applicant’s Site Plan Proposal
Existing Zoning            Density Allowed               Potential and Proposed Development
        Village 1
“RA8-18” (492,451 sq. ft.) 36 apartment or townhouse     407 units
                           units per acre (minimum lot   (Applicant’s site plan proposal includes
                           area of 1,200 sq. ft.)        506 apartment units and 68 townhouse
                                                         units)

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PLA - 4637
       Village 3
“RA8-18” (249,835 sq. ft.) 36 apartment or townhouse                           206 units
                           units per acre (minimum lot                         (Applicant’s site plan proposal includes
                           area of 1,200 sq. ft.)                              140 preserved apartment units)


Proposed Development: The following table sets forth the statistical summary for the project.

                                              Village 1                       Village 3                         Total
TOTAL SITE AREA                  492,451 sf (11.305 ac)           249,835 sf (5.735 ac)          742,286 sf (17.04 ac)

  Streets and Park                  82,884 sf (1.903 ac)                                   -                               -
  Net Site Area                    409,567 sf (9.402 ac)
Density (over total
site area) 1
  Village 1:
    Building A                                    234 units                                                     234 units
    Building B                                    272 units                                                     272 units
    Townhouses                                     68 units                                                      68 units
  Village 3: as-built                                                            140 units                      140 units
  density
  Total # Units                                  574 units                       140 units                      714 units
“RA8-18” Max.                                    407 units                       206 units                      613 units
Permitted Units
Units per Acre                            50.77 units/acre               24.41 units/acre                41.9 units/acre
“RA8-18” Max.                               36 units/acre                  36 units/acre                  36 units/acre
Permitted Units/Acre
Bonus Density Units                      41% (167 units)
    Affordable                           25% (102 units)
housing
    Historic &                             16% (65 units)
    Community
    Preservation
Affordable Dwelling
Units
    On-Site                                       100 units                      140 units                      240 units
    On/Off site                                                                                                  60 units
    Total ADU’s                                                                                                 300 units

1
    Density is calculated over total site area. Any future site plans or major amendments for the site shall utilize the
    net site area.

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Building Height
Average Site               263.42 feet   265.57 feet
Elevation
  Village 1: Building
    A
     Elev. to mid-roof     319.15 feet
     Height to mid-         55.73 feet
    roof
     Elev. to top of        326.4 feet
roof
     Height to top of       62.98 feet
roof
     Elev. to top of       343.96 feet
cupola
     Ht. to top of          80.54 feet
cupola
     Number stories          4 stories
  Village 1: Building
    B
     Elev. to mid-roof     321.99 feet
     Height to mid-         58.57 feet
    roof
     Elev. to top of       330.53 feet
roof
     Height to top of       67.11 feet
roof
     Elev. to top of       347.81 feet
cupola
     Ht. to top of          84.39 feet
cupola
     Number stories          4 stories
  Village 1:
    Townhouses
    (heights at tallest
    point – units 20 &
    22)
     Elev. to mid-roof     307.47 feet
    Height to mid-roof      44.05 feet
    Elev. to top of roof   312.80 feet
    Height to top of        49.38 feet
    roof

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    Number stories                            4 stories
Village 3: as-built                                        ~30 feet; 2 stories
bldgs.
“RA8-18” Max.                      8 stories or 75 feet   8 stories or 75 feet
Permitted Height by
site plan
Parking
  Village 1:
    Building A                             284 spaces
      Parking Ratio                   1.21 spaces/unit
    Building B                             316 spaces
       Parking ratio                  1.17 spaces/unit
    Standard Pkg.                   1.125 spaces/unit
Ratio
    Townhouses                             152 spaces
      Parking ratio                   2.23 spaces/unit
      Parking                              150 spaces
Standard
      Standard Ratio                   2.2 spaces/unit
  Village 3:                                                      164 spaces
      Parking ratio                                          1.17 spaces/unit
      Standard Ratio                                       1.125 spaces/unit
LEED Score                                   20 points                      -
                                                                            2
Percent Coverage                              56.44%                29.35%                47.32%2

Village 1: The proposed site plan consists of two (2) four-story apartment buildings containing a
total of 506 apartment units. Building A would be located adjacent to the site’s Pershing Drive
frontage and would contain 234 units, including 100 committed affordable, tax credit units.
Building B would be located adjacent to the site’s Henderson Road frontage and would contain
272 market-rate units. Each building would contain an underground parking garage. A 68-unit
townhouse development would be located along the site’s George Mason Drive frontage.

Third Street would extend generally north-south through the site at the location of the existing
alley adjacent to the property line shared with Culpepper Garden. Fourth Street would extend
generally east-west through the site, from the existing intersection at George Mason Drive to 3rd
Street extended. It would consist of a circular travel way that would surround an approximately
one-half acre park (29,100 square feet). The proposed new sections of 3rd and 4th Street would
be the subject of a Master Transportation Plan Amendment. Project amenities include two on-
site swimming pools, several pocket parks, and the central park, totaling 122,742 square feet of

2
    Includes proposed bump-outs.

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PLA - 4637
open space.

The proposed density for Village 1 is 50.77 units per acre, including 25 percent bonus for
affordable housing and 16 percent bonus for historic, open space and community preservation of
Village 3. In addition, a one-time density credit for the provision of new public streets and a
public park is being granted. This increased the number of units by 68 units. Density for any
future site plan or major amendment for this site would be calculated based on the new net site
area (existing site area minus areas dedicated for right-of-way and park).

Village 3: The existing, as-built 140-unit apartment complex would be retained as affordable
units and its historic character would remain generally intact, as it would be designated as a local
historic district, and changes would have to be approved through a Certificate of
Appropriateness. Under the applicant’s proposal, no changes would be made immediately. The
County or its designee(s) would purchase Village 3. The County, advisory commissions and the
community will continue to explore ownership options for Village 3 through a cooperative or
condominium structure.

60 non-tax credit units (on and off site): The applicant agrees to offer 60 non-tax credit
affordable rental units, as indicated in Condition #65. These units would be located in Village
1/Building A or at Ballston Park at Historic Buckingham Village. Staff is working with the
applicant, the Housing Commission and the community to work out the details of this program.

Tenant Assistance Efforts: Ensuring that current tenants remain in the Buckingham community
is a key component of the County’s goals for community preservation. Specific efforts to
address tenant needs include implementing the proposed Tenant Relocation Plan, creating a
priority ranking system for vested tenants, creating a Tenant Assistance Fund (TAF), a tenant
services and hardship fund, and creating an advisory group to work out the details of these
assistance funds and programs. The County will continue to work with the applicant, advisory
commissions and the community to address tenant needs and concerns.

LEED Scorecard: The developer agrees to a commitment of 20 LEED points for Village 1.
This includes 20 points for each of the multi-family buildings, and 20 points for the townhouses.
Staff is recommending that the commitment include the provision of Energy Star appliances,
fixtures and building components as recommended in Condition #68.

Transportation: The site consists of two parcels, the 11-acre Village 1 and the 5.7-acre Village
3 parcels. The two parcels are separated by North George Mason Drive. The street frontage
surrounding Buckingham Village 1 consists of: North George Mason Drive, North Pershing
Drive, North Henderson Road and a private alley going through the site adjacent to the existing
Culpepper Garden property line. The street frontage surrounding Buckingham Village 3
includes: North George Mason Drive, North Pershing Drive, 4th Street North and North Thomas
Street.

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The Master Transportation Plan – Part I classifies North George Mason Drive as a principle
arterial. North George Mason Drive has two travel lanes in each direction with the north and
southbound traffic being separated by a wide tree-lined median; carved out of the median are left
turns at the signalized intersection. North Pershing Drive and North Henderson Road are both
classified as minor arterials east of North George Mason Drive; west of North George Mason
Drive both streets are classified as neighborhood streets. These streets have a single travel lane
in each direction with on-street parking on both sides of the street.

North Thomas Street and 4th Street North are classified as neighborhood streets with a single
travel lane in each direction. The intersections of North George Mason Drive and North
Henderson Road, and North George Mason Drive and North Pershing Drive, are both signalized
intersections. All other intersections adjacent to the site currently operate under stop control.

Traffic volume data is collected for several locations near the site as part of the Department of
Environmental Services’ traffic count program. The traffic along the streets adjacent to the site
has fluctuated and does not show a clear trend.

Year                                  1997     2000    2001 2002              2003      2004
N. George Mason Dr. north of 4th St.
                                     21,893 23,941 24,521 N/A                24,739 23,463
N.
N. Henderson Rd. north of 4th Rd.
                                      6,440 9,477 10,142 N/A                 10,246    9,639
N.
N. Pershing Dr. east of N. Thomas
                                      9,280 7,800 9,936         N/A           8,786    8,841
St.
Data source: Arlington County Department of Environmental Services
N/A - Data Not Available

Trip Generation: A Traffic Impact Analysis (TIA) submitted by the applicant and prepared by
Kimley-Horn and Associates, Inc., dated February 2007, assessed the impacts of the proposed
development on the adjacent street system. The proposed development, with 506 apartments and
68 town houses, was projected to generate 301 new a.m. and 366 new p.m. peak hour trips.
These projections could be as much as 30 to 40 percent higher than the potential because tThe
TIA did not account for any trip reductions associated with transit use and walking trips, which
could have decreased these projections by as much as 30 to 40 percent. Assuming a higher and
more conservative estimate, the TIA demonstrated that all of the surrounding intersections would
maintain an acceptable level of service (LOS) of D or better within the study area during the a.m.
and p.m. peak hours. The studied intersections included:
    • George Mason Drive and Pershing Drive (signalized)
    • George Mason Drive and 4th Street (assumes new signal)
    • George Mason Drive and Henderson Road (signalized)


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   •   North Thomas and Pershing Drive (unsignalized)
   •   North Thomas and 4th Street (unsignalized)
   •   North Thomas and Henderson Road (unsignalized)
   •   North Glebe Road and Pershing Drive (signalized)
   •   North Glebe Road and Henderson Road (signalized)
   •   North Glebe Road and 4th Street (unsignalized)

One of the major reasons the proposed development is projected to produce only minor impacts
on the surrounding streets is because the site plan would add extensions of 3rd Street and 4th
Street through the site adding to Arlington’s existing grid street network. The addition of these
new street segments would allow the site-generated traffic to effectively disperse prior to mixing
with the existing traffic on George Mason Drive, Henderson Road and Pershing Drive.

Streets and Sidewalks: North George Mason Drive currently measures 60 feet from face of curb
to face of curb, with two (2) 10-foot wide travel lanes including curb and gutter in both the
north- and south-bound directions. The north- and south-bound travel lanes are separated by a
20-foot wide tree-lined median. The developer has not proposed any modifications to the width
of North George Mason Drive. The developer has agreed to close the existing median breaks that
will no longer be needed and to create a new 10-foot wide left-turn lane from northbound George
Mason Drive into the site at the 4th Street extension. The left-turn lane will be created by
reconstructing the existing median to provide the left-turn lane. Along the Village 1 frontage of
North George Mason drive a 4-foot wide sidewalk and a planting strip varying in width between
2 feet and 4 feet are currently provided. The developer has proposed to widen the sidewalk
section providing an 8-foot wide sidewalk along George Mason Drive plus a 5-foot planting strip
with Red Oak street trees and Carlyle lights. In addition three (3) existing curb cuts along the
site’s frontage will be closed.

Adjacent to Village 3, along the east side of North George Mason Drive, there is an existing 8-
foot wide parking lane that has been carved out to provide parking for the development, and a 4-
foot wide sidewalk. All of Village 3’s parking is provided through existing on-street parking
either parallel or angled adjacent to the site. With the preservation of Village 3, no sidewalk
improvements are anticipated currently proposed.

Adjacent to Village 1, North Pershing Drive currently measures 36 feet from face of curb to face
of curb, with one (1) 10-foot wide travel lane in each direction and on-street parking on each side
of the street. On the west side of the street, there is a 4-foot wide sidewalk and 3-foot wide
planting strip; on the east side of the street there is a 6-foot wide median which separates
Pershing Drive from a surface parking lot for the Arlington Oaks Community. The site plan
proposes to widen the sidewalk adjacent to the site to 6 feet plus a 5-foot planting strip and to
maintain Pershing Drive’s current 36-foot street section. The planting strip would include Red
Oak street trees and Carlyle lights.



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Adjacent to Village 1, North Henderson Road currently varies in width between 36 and 42 feet
from face of curb to face curb. The typical street section includes one (1) 10-foot wide travel
lane in each direction with on-street parking on both sides of the street. On the east side of
Henderson Road, there is a 4-foot sidewalk and 3-foot planting strip. Adjacent to Barrett
Elementary School, on the west side of Henderson Road, there is a 7-foot wide sidewalk. The
site plan proposes to widen the sidewalk adjacent to the site to 6 feet plus a 5-foot planting strip
and to maintain the Henderson Road face of curb to face of curb street section. The planting strip
would include Red Oak street trees and Carlyle lights.

Third Street North is proposed to be extended between Henderson Road and Pershing Drive
along the rear of Village 1. The County would purchase right-of-way from the developer such
that the extension of 3rd Street would become a public street, adding to Arlington’s existing street
network. The street is proposed with a 29.5-foot face of curb to face of curb width. On the east
side of the street adjacent to the multi-family buildings, a 5-foot wide sidewalk plus a 4-foot
planting strip are proposed; on the west side of the street adjacent to the property line, a 4-foot
wide sidewalk plus a 2-foot planting strip are proposed. The 2-foot planting strip would be
located at the back of sidewalk buffering a retaining wall that is proposed to transition the grade
between the Culpepper Garden site and the street. The planting strip on the east side of the street
would include Zelcova street trees and Carlyle lights.

Fourth Street North is also proposed to be extended through the site between North George
Mason Drive and 3rd Street. The County would purchase right-of-way from the developer such
that the extension of 4th Street would become a public street adding to Arlington’s existing street
network. The typical face of curb to face of curb section would be 23-feet including a 1.5-foot
gutter on each side and a 10-foot travel lane in each direction. For the section of 4th Street
between North George Mason Drive and the private access drive for the townhouses, a 6-foot
wide sidewalk plus a 4-foot planting strip are proposed for each side of the street.

West of the private access drive for the townhouses, 4th Street bifurcates around the park into
two one-way streets containing an 8-foot parking lane adjacent to the multi-family buildings and
a 15-foot wide travel lane. The 15-foot wide travel lane, along with a mountable curb and a 6-
foot wide sidewalk located around the perimeter of the park, would be used to provide
emergency vehicle access. Adjacent to the multi-family buildings a 6-foot sidewalk plus a 2-foot
planting strip are proposed along 4th Street.

The two one-way sections of 4th Street would merge back together prior to the intersection with
3rd Street, maintaining a 23-foot face of curb to face of curb dimension with a 6-foot wide
sidewalk plus 2-foot planting strip on each side of the street. No on-street parking is proposed in
this section. Zelcova street trees and Carlyle lights are proposed along the full length of 4th
Street North within the site plan.

The private access drive for the townhouses would be located between the multi-family

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buildings and the townhouse development. The private drive would parallel George Mason
Drive and extend generally east-west through the site. The private drive is not proposed to
provide vehicular access to either Henderson Road or Pershing Drive. It is proposed to be 29.5-
feet wide from face of curb to face of curb, with an 8-foot parking lane adjacent to the multi-
family buildings and one (1) 10-foot travel lane in each direction. The drive would access the
alleys that are located between the two rows of town houses. Along the west side of the drive,
adjacent to the multi-family buildings, a 6-foot wide sidewalk plus a 4-foot planting strip with
Zelcova street trees are proposed. Along the east side of the drive, adjacent to the townhouses, a
6-foot wide sidewalk is proposed.

In addition to the street and sidewalk improvements, a number of crosswalks would be provided
at various points and intersections within the site and adjacent to the street frontages, as
referenced in Condition #19.

Public Transportation: the site is well served by Metrobus service and is located a little over half
a mile from the Ballston-Marymount University Metro station located on the Orange Line. The
bus routes serving the site include:
   • Metrobus Route 22A – Along George Mason Drive
   • Metrobus Route 4B and 4E – Along Henderson Road/ George Mason Drive
   • Metrobus Route 10B – Along Glebe Road
   • Metrobus Route 23A and 23C – Along Glebe Road
   • ART Route 53 – Along Glebe Road

Metrobus Route 22A service operates between Ballston and Fairlington with stops along George
Mason Drive adjacent to the site. The 4B and 4E with operates along North Henderson Drive
and George Mason Drive adjacent to the site provided service between Arlington Forrest and
Rosslyn. The 10B, 23A and 23C are both north, south route that operate along Glebe Road. The
ART 41 provides service along R-B corridor, Glebe Road and Columbia Pike. The combination
of ART and Metrobus service in this area provide excellent local and regional connectivity
providing accessibility to many of Arlington’s neighborhoods and services.

Bicycle Transportation: George Mason Drive is designated as an on-street bike route going
north/south through the County connecting to many of the County’s off-street trails, including
the W&OD Trail, the Custis Trail and the Bluemont Junction Trail. Henderson Road is identified
as an “other recommended route” and can be used to connect to the on-street bike lanes along
Quincy Road Street and through the Rosslyn-Ballston Corridor. In response to
recommendations of the Site Plan Review Committee, the developer has agreed to place 30
visitor bicycle parking spaces at-grade throughout the project adjacent to the various entrances to
the multi-family buildings.

Transportation Demand Management (TDM) Program: Consistent with site plan development
and the County’s adopted Policy, staff recommends that the developer implement a

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Transportation Management Plan (TMP) to reduce single occupancy vehicle (SOV) trips to and
from the site. The applicant has proposed to implement the TDM strategies referenced in
condition #51 and summarized below.
   • Provide easements for construction of bus shelters on-site.
   • Provide funding for or the construction of 3 new bus shelters.
   • Provide an annual contribution of $3,000 per year for 10 years to Arlington County
       Commuter Services for each of the multi-family buildings.
   • Designate a member of the projects’ management team as the Property Transportation
       Coordinator with responsibilities for completing and coordinating the TDM Plan
       obligations.
   • Provide transportation kiosks in the lobbies of each multi-family building.
   • Distribute transit information, included with a new-resident package, to include site-
       specific transit related information
   • Provide convenient phone access for contacting local taxi companies to the property.

In addition to the TDM requirements identified in Condition #51, the applicant has agreed to
unbundle the parking from the rent of the market-rate units in each of the multi-family buildings.
This would allow residents that choose not to have a vehicle to not pay for parking. The details
of the unbundled parking are outlined in Condition #52 and described subsequently in this
report.

Utilities: With the redevelopment of Buckingham Village 1, extensive water main and sanitary
improvements will need to be constructed to support the increased density proposed on the site
and to replace aging infrastructure. The developer has agreed to include the addition of
approximately 700 feet of new 12-inch water main in 3rd Street North, between North Henderson
Road and North Pershing Drive, connecting to the existing 8-inch water main in North
Henderson Road and the existing 12-inch water main in North Pershing Drive.

The developer has also agreed to include the addition of approximately 650 feet of new 12-inch
water main in 4th Street North, between North George Mason Drive and 3rd Street North,
connecting to the existing 8-inch water main in North George Mason Drive and to the new 12-
inch water main in 3rd Street North. The developer has agreed to construct in North George
Mason Drive approximately 470 feet of new 12-inch water main between 4th Street North and
North Pershing Drive, connecting to the new 12-inch water main in 4th Street North and the
existing 8-inch water main in North Pershing Drive.

The existing 6-inch water main being replaced in North George Mason Drive shall be abandoned
between North Henderson Road and North Pershing Drive with any existing services
reconnected to the new main. Should the County determine that it is required to provide fire
service or to connect water meters, the developer has agreed to provide approximately 900 feet
of new 8-inch water main located in the townhouse access road extending between North
Henderson Road and North Pershing Drive connecting to the new 8-inch water main in North

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Henderson Road and the existing 12-inch water main in North Pershing Drive.

Pursuant to Condition #26, the developer has agreed to construct approximately 220 feet of 8-
inch water main in North Henderson Road extending from the new 8-inch water main (to be
constructed with the townhouse project on Village 2) in North George Mason Drive.

Due to the location of the site, the proposed development could connect to sanitary sewer mains
that outflow into two different sanitary sewer sheds, the Upper Doctors Run sanitary sewer shed
and the Lower Lubber Run sanitary sewer shed. Considering that the Lower Lubber Run sanitary
sewer shed has more capacity and has been reconstructed more recently than the sanitary lines in
the Upper Doctors Run sanitary sewer shed, staff recommends and the applicant agrees to
Condition #27 which requires that all of the outfall from the site be directed away from Upper
Doctors Run and into the Lower Lubber Run sanitary sewer shed.

In discussions with the applicant, staff has indicated that the project would require approximately
920 feet of new storm sewer to be constructed in North George Mason Drive between North
Henderson Road and North Pershing Drive, with new storm culverts at 4th Street North and on
the northwest corner of North Pershing Drive. The new storm sewer would be connected to
Arlington’s storm sewer system that discharges runoff into Four Mile Run. The applicant would
show this on the final site engineering plan.

Affordable Housing Plan: The applicant’s affordable housing program consists of three
components that total 300 committed affordable units, as follows:

   •   Village 1 would include 100 committed affordable units in the mixed-income Building A
       that would be affordable to households with incomes up to 60% of the Area Median
       Income (AMI).
   •   Additional affordable units (60) would be provided in either Village 1 and/or at Ballston
       Park at Historic Buckingham. It is currently contemplated that these units would also be
       affordable to households with incomes between 60% and 80% of the AMI.
   •   Village 3 would provide 140 committed affordable units that would be targeted as
       affordable to households with incomes between up to 60% and 80% of the AMI.

The Community Preservation Committee (CPC) has led the way on creating an affordable
housing program that meets two of the objectives of the MOU, to preserve the existing
community and provide 300 units of affordable housing. Between September 2006 and March
2007, the CPC held 15 meetings with Buckingham tenants, housing advocates, advisory
commission and civic association representatives, the applicant, and staff. The affordable
housing program described below is a result of these meetings and discussions, as described in
the three (3) components.:

   •   Village 1 would provide 100 new affordable tax credit units under the Low Income

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       Housing Tax Credit (LIHTC/tax credit units). The affordable units would be provided
       within Building A, the proposed 234-unit, 4-story apartment building. The 100 tax credit
       units would serve households earning up to 60% of the AMI. The remaining units would
       have market-rate rents. The remainder of Village 1 would contain Building B, a 4-story,
       272-unit apartment building, and a 68-unit townhouse development (both rented and sold
       at market rates).

       The proposed County AHIF loan of up to $7 million would provide the subsidy needed
       for the 100 tax credit units - $7 million. The affordable apartment complex would be
       owned by a limited partnership with a Paradigm affiliate serving as the managing general
       partner. A separate report on the applicant’s request for the AHIF loan describes the 100
       affordable tax credit units proposed for Village 1 in more detail. This request is also
       under consideration by the County Board at is meeting on March 17, 2007.

   •   The applicant’s original proposal called for 60 non-tax credit affordable rental units to be
       provided within either Building A of Village 1, or at several other Buckingham Village
       locations. Since that time, considering the input from the community, the applicant has
       agreed to offer the 60 units within Building A of Village 1 and/or at Ballston Park at
       Historic Buckingham Village. These units would be affordable to households earning
       between 60% and 80% of the AMI. The applicant, as directed by the County Manager
       and County Board, would work with the Housing Commission, and staff to work out the
       specific details of the 60 non-tax credit units.

   •   Village 3 would provide 140 affordable units. Under the proposed plan, the owner would
       sell Village 3 to the County or its designee(s) and the existing units would be renovated
       under historic guidelines. The County, with the community, is exploring ownership
       options for Village 3, including the possibility of a housing cooperative. The options
       could range from all 140 units falling under some ownership form (either cooperative or
       condominium), to a portion of the units as ownership and a portion of the units as
       affordable rentals. The ownership units would be affordable to households earning
       between 60% and 80% of the AMI. The financial feasibility and level of County subsidy
       needed to make ownership work will be a major factor in determining the extent of
       ownership units in Village 3. The alternative option would be to provide all 140 units as
       tax credit apartments, affordable to households earning up to 60% of the AMI.

   •   The County is working with the applicant and community to address the following tenant
       related issues. Staff expects to work out many of the details of these issues within the
       next several weeks. The entire package addressing tenant issues as described below
       would come back in a recommendation for consideration at the April 20, 2007 County
       Board meeting.




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       o Advisory group for tenant issues. The County will establish and seek input from an
         advisory group to monitor implementation of the relocation plan, tenant phasing, and
         services for tenants with special needs, including hardship cases that may arise during
         the redevelopment. This group will also provide input on the implementation of the
         Tenant Assistance Fund (TAF) and hardship fund. This advisory group would consist
         of County staff as designated by the County Manager, and representatives of the
         Housing and Tenant Landlord Commissions, BU-GATA, and BRAVO.

       o Tenant Relocation Plan: The applicant’s proposed Relocation Plan meets the
         expectations of the County’s Tenant Relocation Guidelines. Currents tenants will
         become vested on the approval of the site plan and entitled to receive relocation
         services, a relocation payment and the right to return to Buckingham Village on the
         completion of suitable units. All tenants would receive a 120 Day Notice to Vacate
         with relocation occurring in phases as the overall redevelopment transpires.
         Paradigm staff will assist residents with finding replacement housing in the
         Buckingham community or elsewhere if that is the wish of the resident. The
         relocation payment schedule below shows the standard payments for households over
         50% of the Area Median Income (AMI) and payment for households with income at
         or below 50% of Ami. There is one payment per household.

             Relocation             Household Income over         Housing Income below
             payments               50% 0f AMI                    50% 0f AMI
             1 bedroom              $ 900                         $1,350
             2bedroom               $1,050                        $1,575
             3bedroom               $1,200                        $1800


       o Priority Ranking Plan. Vested residents will be helped in completing a Tenant
         Questionnaire, which will be used to rank them for both the 100 tax credit units and
         the 60 Committed Affordable Non-Tax credit Units (CANTU). The Priority Ranking
         Plan has been customized for Buckingham to reflect the following guidance from
         Commissions: the Tenant-Landlord Commission recommended the following
         changes to Priority Ranking Plan: 1 point for each child under 18 years of age and 1
         point for tenants currently receiving housing assistance such as Housing Grants or
         Section 8 Rent Assistance. The Community Preservation Committee (CPC)
         recommended that 2 points be given for a member of the household who is 62 years
         of age or older or with a disability, 1 point for being previously displaced by
         redevelopment in Arlington County and include up to 3 years credit for tenancy in the
         neighboring Buckingham community (e.g. Gates of Ballston, Ballston Park at
         Historic Buckingham Village and others). The tenancy points would be evidenced
         from rental history records at Buckingham Village.


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       o Tenant Assistance Fund. Staff will work with the applicant and the community to
         develop a tenant assistance fund (TAF) for existing residents of Buckingham
         Villages. This program would be designed for vested residents that were in place
         when and Paradigm and the County signed the MOU (July 2006). Overall, the
         program would reduce the rent burden for low-income tenants that would otherwise
         result from the increases between current rents and post-rehabilitation rents (e.g.
         those households with incomes less than 50% of the AMI). The specific details of
         this program would be worked out by the advisory group described above.

       o Tenant Services and Hardship Fund. Staff, the community and the applicant have
         discussed the creation of a tenant services and hardship assistance fund. The fund
         would provide financial assistance to vested residents of Buckingham Village to
         ensure their eligibility for a relocation payment or facilitate their relocation to another
         housing unit. The funds could be used for application fees, security deposit, first
         month’s rent, back rent, moving expenses, utility expenses and other justifiable
         expenses as determined by the relocation service provider. Finally, this fund would
         pay for tenant services provided by a non-profit such as BU-GATA or BRAVO. The
         County created a similar fund for Arna Valley that was administered by AMEN, Inc.
         The applicant would consider providing up to $25,000 in matching funds for this
         purpose. The specific details for this fund, as with the TAF, would be worked out by
         the tenant advisory group.

Historic Preservation: Buckingham Villages 1 and 3 are part of the larger apartment complex
known historically as the Buckingham Garden Apartments. The entire complex was built in
eight stages, dating from 1936 to 1953, with Village 3 being built in 1939 and 1940, and Village
1 built in 1941 and 1953. The Buckingham Garden Apartments were developed by Paramount
Communities, Inc., a company owned by Allie Freed.

At the time it was built, the Buckingham Garden Apartments were the largest and most
ambitious FHA financed project in the country. It is an excellent example of the planned
garden-style residential communities that became popular during the suburbanization of many
metropolitan areas during the 1930’s – 1940’s. This particular project, with its Colonial Revival
architectural style, low-density buildings, curved streets, separation of automobiles from
pedestrians, landscaped courtyards and streetscapes, became a model for other planned
residential communities for white-collar, middle class families throughout the county and
country.

The buildings and the development were designed by Henry Wright, one of the leading
proponents in the country of the Garden City Movement, with assistance from Albert Lueders
and Allan Kamstra. Based on super-block development, the project was devised to bring the
maximum amount of light, ventilation and open recreation space to the residents. Given their
high architectural and planning integrity, both Villages 1 and 3 are eligible for listing in the

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National Register of Historic Places under criterion A: community planning and development as
an example of a planned garden apartment complex that became a model for other planned
residential developments marketed to members of the middle class; and criterion C: architecture
as a unique garden apartment complex design by noted architects Henry Wright, Albert Lueders
and Allan Kamstra. The Ballston Park at Historic Buckingham Village, the Gates of Ballston,
and the Arlington Oaks sections of the original Buckingham Garden Apartments are already
listed in the National Register.

In addition, the Ballston Park at Historic Buckingham Village and the Gates of Ballston sections
of the original Buckingham Garden Apartments are also locally designated as Arlington County
Historic Districts, in conformance with Section 31A of the Arlington County Zoning Ordinance.
 As well as being eligible for the National Register, both Village 1 and 3 can take advantage of
the Federal and State (VA) tax credits for the renovation and rehabilitation of historic buildings.

The Historical Affairs and Landmark Review Board (HALRB) recommended that the County
Board expand the existing local Buckingham Historic District designation to include Villages 1,
2 and 3. On July 11, 2006, the County Board deferred action on the proposed historic district
designation, and as a compromise approved the Memorandum of Agreement (MOU) between
Paradigm and the County Board. The MOU outlined the HALRB’s role in the review of the by-
right townhouse development on Village 2 for its compatibility with surrounding historic
buildings and landscape; the renovation and rehabilitation of the historic buildings in Village 3;
and the review of the proposal for redevelopment of Village 1.

The HALRB reviewed the design and material compatibility of the townhouse development on
Village 2, and made suggestions on architectural details, building placement, landscaping, and
material choices. The HALRB reviewed all exterior building changes and restoration work on
Village 3, including overall site work, landscaping, street furniture, bump-outs, internal floor
plans, material choices, and the proposed community pool (with accompanying site work,
fencing, pavers, etc.) and community building. Paradigm agreed to most of the design changes
recommended by the HALRB. Condition #79 requires administrative and HALRB approval for
building and landscape improvements prior to the issuance of any permits for the Village 3 site.

The HALRB participated in the Site Plan Review Committee’s review of the redevelopment
proposal for Village 1. While several redevelopment scenarios were discussed, it was the overall
consensus of the SPRC that the development proposed in this site plan request was preferred.
The HALRB expressed preference for an alternative redevelopment scenario that included an
above grade parking garage, larger setbacks and courtyards adjacent to George Mason Drive, a
more distributed open space design with no central green, and preservation of the super block
with no interior streets.

DISCUSSION:



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Adopted Plans and Policies: The Historic Preservation Master Plan, Master Transportation
Plan, and General Land Use Plan guide development on this site.

Historic Preservation Master Plan: The Historic Preservation Master Plan indicates the need
to designate more of the County’s historic resources as local historic districts, of which
Buckingham Village 3 is one such identified resource. Ballston Park at Historic Buckingham
Village and the Gates of Ballston were previously designated local historic districts and are
included in the Buckingham Historic District. In June 2006, the HALRB recommended that
Buckingham Villages 1, 2 and 3 be included in the Buckingham Historic District. The public
hearing for the local Historic Landmarks designation on Villages 1, 2 and 3 was held and closed
on July 11, 2006, and County Board action was deferred. Also, on January 27, 2007, the County
Board authorized advertising expansion of the Buckingham Historic District to include Village
3. Consistent with the MOU, redevelopment of Village 1 is being considered as part of this site
plan proposal, Village 2 was reviewed and is being developed as an historically sensitive by-
right development, and Village 3 would be preserved as historic and affordable as part of this
site plan. Designation of Village 3 for inclusion in the expanded Buckingham Historic District
would be consistent with the goals of the Historic Preservation Master Plan.

Master Transportation Plan: The development of Buckingham Village 1, with the extension
of 3rd Street North and 4th Street North through the site, is consistent with the draft Master
Transportation Plan (MTP) and Arlington County’s goal to break up blocks that are greater than
600-feet in length. By breaking up long blocks into smaller blocks, pedestrian and vehicular
connectivity are improved. The new streets that are created when long blocks are broken up
provide motorists with more efficient circulation, by enabling more direct connection and
providing alterative routes around incidents or blockages, while making a more walkable
environment for pedestrians.

The new streets also benefit overall traffic movement by reducing traffic volumes on primary
streets and allowing the location of building services on secondary, rather than arterial, streets.
George Mason Drive is approximately 900 feet in length between North Henderson Road and
North Pershing Drive. With the east-west extension of 4th Street through the block, two 450-foot
blocks would be created consistent with the goals of the MTP.

The east-west extension of 3rd Street North, between North Henderson Road and North Pershing
Drive along the site’s southwestern property line, breaks the block in half between North George
Mason Drive and 2nd Street North. The extension of 3rd Street North allows additional
connectivity between Pershing Drive and North Henderson Road and allows vehicles entering
and exiting the multi-family buildings’ parking garages the greatest flexibility in determining
how to access and egress the site, thereby reducing the traffic impacts generated by the site on
any one street.




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With the extension of 3rd Street and 4th Street through the site, the site could have the include a
new intersection of two numbered streets, a confusing condition which also contradicts the
overall Arlington street grid network at the least would be a bit confusing. This occurs because
Arlington’s street grid network is not oriented north/south and east/west uniformly throughout
the county. In this section of the county two sets of street grids come together at skewed angles.
The street network in the Arlington Forest neighborhood is oriented relative to Lubber Run Park
which runs from northeast to southwest and intersects in Buckingham with the more typical
north/south and east/west county street network of the Ashton Heights neighborhood. Should the
County determine it is appropriate not to have 3rd Street intersect with 4th Street, the county
could have one of the new segments as a named street rather then a numbered street. Based on
the county’s street naming convention, the name of the street should be a two syllable name
starting with a “U”, such as Utah Street or Upton Street. Considering that 3rd Street is slightly
offset with the new street segment along the southern property line it would cause less confusion
to designate this new street segment with a name rather than a number.

General Land Use Plan: The General Land Use Plan (GLUP) designation for this site is “Low
Medium” Residential (16-36 units pr acre). The proposal is consistent with the existing land use
designation.

Proposed Rezoning: This proposal includes a rezoning of a small portion of the Village 1 site
(27,189 square feet out of a total site area of 492,451 square feet) from “R-6” One Family
Dwelling Districts to “RA8-18” Apartment Dwelling Districts, consistent with the balance of the
site and with Village 3, which is zoned “RA8-18”. The proposed rezoning, as well as the
proposed site plan, complies with the General Land Use Plan designation and with the existing
land use pattern in the area.

Affordable Housing: Staff continues to explore how to best achieve the affordable non-tax
credit rental and ownership units, given the limited AHIF funding that is available. This would
include work with the community on feasible affordable ownership options on Village 3,
including a housing cooperative or condominiums. The applicant will work with the Housing
Commission or County Manager appointed group, and staff, to finalize the details of both
programs subject to approval by the County Board and County Manager.

Tax Credits: The applicant submitted its application for competitive 9% Low Income Housing
Tax Credits (LIHTC or tax credits) on March 9, 2007. The applicant will know the result of its
request for tax credits by July 2007.

Financing of Public Improvements: A part of the negotiations to date have included the
County assisting with additional costs associated with new public streets and a public park. The
funding for these public improvements will come from sources other than AHIF.

Building, Facade and Site Design: An important element of the public review has been the

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compatibility of the building, façade and site design of the new construction on Village 1 with
the preservation on Village 3 and adjacent historic communities. The HALRB’s review
emphasized the incorporation of certain elements in the building and site design to relate to the
historic character of adjacent developments. In the 4.1 drawings recently filed by the applicant,
a number of issues were identified. The applicant has addressed many of these issues.

Building Design: The applicant has redesigned the main lobby entrances to the multi-family
buildings to reflect the historic character and design of adjacent developments; relocated the rear
pedestrian entrance on Building B to avoid conflicts with the garage and loading entries; and
increased the LEED score from 19 to 20 points. The applicant has agreed, in Condition #34, to
include design enhancements to the townhouse garage doors. The garage and loading dock
doors for the apartment buildings would be designed for garage intake venting and Condition
#34 requires that their design be administratively reviewed.

Façade Design: The applicant has agreed to provide masonry facades on all elevations of the
apartment buildings, including the courtyard elevations, and to include masonry facades on the
elevations of the townhouse units that would be visible from public streets. In addition, the
HVAC units will be relocated from grade to the roofs of the buildings. These design elements
would be included in the required façade review, pursuant to Condition #34. The applicant was
requested to consider design enhancements to the side elevations of the end townhouse units;
however, the design of the side elevations as currently proposed reflect the recommendations of
the HALRB as being consistent with the character of historic townhouse structures.

Site Design: The applicant has agreed to incorporate landscaping around the garage exhaust and
intake vents in order to mitigate impacts on the courtyards and open space areas, as well as to
work with County staff on elements of the central park to improve its function and accessibility,
including provision of a large paved area around the flagpoles and sculpture elements; relocating
the gazebo/pavilion closer to the tot lot; placing furniture on stable, level surfaces; enlarging the
area of the play zone and replacing the proposed structures with larger tot and elementary play
structures similar to those used in County parks; and provision of trash receptacles. In addition,
the Site Plan Review Committee (SPRC) recommended that the art feature be child-friendly,
multi-functional and interactive. Pursuant to Condition #15.f., the applicant has agreed to work
with staff to incorporate these elements into the design of the art feature. The applicant has also
proposed an historical marker in the park.

At the SPRC meeting, the applicant was requested to provide pedestrian connectivity between
Village 1 and Culpepper Garden. The site is sloped along this elevation, and retaining walls are
proposed to stabilize the slope. The County would explore this connectivity as part of
construction of 3rd Street extended.

Emergency Vehicle Access: The applicant has worked with the Fire Marshal to ensure
appropriate emergency vehicle access to the site; however, one issue remains regarding egress

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from the townhouse development. The applicant will continue to work with staff and the Fire
Marshal to address this issue. Pursuant to Conditions #15.l. and 18, if changes to the site design
are required to facilitate emergency vehicle egress from the townhouse development, then staff
recommends that these changes be administratively reviewed and approved as part of the final
site development and landscape plan and the final engineering plan.

Tree Preservation: One of the goals of the MOU was to be sensitive to the preservation of trees
with the redevelopment of Village 1. The applicant’s proposal included the preservation of 14
existing mature trees on Village 1, including 11 trees located adjacent to the site’s street
frontages, as well as the provision of 278 replacement trees. The County’s Urban Forester has
evaluated the potential for the 11 trees located adjacent to the streets to survive during and after
demolition and new construction, and has determined that due to their close proximity to existing
buildings and adjacent sidewalks, it is highly unlikely that the trees would remain healthy and
survive. Therefore, staff recommends, and the Transportation and Planning Commissions
concurred, that the trees be removed and streetscape constructed consistent with County policy,
including 6-foot wide sidewalks plus a 5-foot planting strip that would be planted with 4 – 4 ½
inch Red Oak street trees. This would ensure a healthy tree canopy along the site’s street
frontages in the future. The applicant has agreed to replace the trees that are removed in
accordance with the County’s Tree Replacement Guidelines. The Planning Commission further
recommended that the trees be replaced on the Village 1 and/or Village 3 sites. Condition #3 has
been revised accordingly.

The three (3) remaining trees to be preserved are located interior to the site. They include two
(2) Red Oaks, measuring 24 and 30 inches in caliper, that are located within the central park, and
one (1) Red Oak measuring 40 inches in caliper that is located adjacent to the townhouses close
to Pershing Drive.

Unbundled Parking
What is Unbundled Parking? Unbundled Parking is the practice of separating the cost of parking
from the cost of housing. For example, rather than renting an apartment with two “free” parking
spaces for $1,000 per month, the apartment could rent for $800 per month and each parking
space rent for $100 per month. This practice keeps residents aware of parking costs and allows
them to make informed, economic choices about vehicle ownership and other transportation
options. In Arlington, two properties, Residences at the Market Common in Clarendon and Post
Pentagon Row near Pentagon City unbundle their parking.

Residents can be offered the choice of assigned or unassigned spaces, tandem or side-by-side
spaces, or even valet parking, with all prices based on cost. Compact spaces can be priced less
than full-size spaces since they are cheaper to construct, which could encourage residents to buy
smaller cars.




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What is the County’s obligation to the neighborhood? The unbundling of parking at Buckingham
Villages could have the side effect of residents foregoing paying for parking on-site and
choosing to park for free on the street. It is the County’s intention that this development and the
vehicles associated with it not disrupt the neighbors who live close by. The parking spaces in the
vicinity fall into three general categories: unrestricted parking, zoned parking and private spaces
managed by such associations as the Gates of Ballston, Arlington Oaks and the Villages of
Buckingham.

The private spaces and the zoned parking areas are not available to the Buckingham Villages
residents who forego getting parking spaces; however the unrestricted spaces initially would be
available to them. The County will monitor the unrestricted spaces and determine if there is a
need to restrict the parking so that the residents currently parking in the area are not negatively
affected by additional vehicles.

Modification of Use Regulations: The applicant has requested modifications of use regulations
to allow 25% bonus density for the provision of affordable housing and 16% bonus density for
the historic, open space and community preservation of Village 3; for site area calculations; and
for 56.4% site coverage on Village 1 which exceeds the “RA8-18” standard of 56.0%. Staff
supports the proposed modifications of use regulations, including new Condition #82 which puts
a cap of 56% on the combined total site coverage for both Villages 1 and 3 .

Under the “RA8-18” provisions (Section 13.B.3) of the Zoning Ordinance the County Board
may modify the regulations on height, setbacks, yard, coverage and parking requirements and
approve up to a 25% increase above the maximum 36 units per acre in residential density for a
project that provides low or moderate income housing. Also, Section 36.H.7.a. of the Zoning
Ordinance permits additional density of up to 25 percent in return for affordable housing.

Section 36.H.5.a. permits additional density for the provision of open space and environmental
amenities. Staff considers this proposal to preserve the historic character, open space and
affordable community in Village 3 as meeting the intent of this provision.

An additional 167 units are proposed on Village 1, representing 41% of additional density over
the Village 1 site’s total base density. 25% additional density for the provision of affordable
housing and 16% additional density for the historic and community preservation of Village 3 are
proposed. This would enable the provision of 100 committed affordable units on Village 1, 60
affordable non-tax credit units on- and off-site within the Buckingham community, and the
preservation of 140 affordable units on Village 3, for a total of 300 committed affordable
dwelling units consistent with the MOU. Also, it would help to preserve the community by
giving people who currently live in Buckingham Villages 1, 2 and 3 the opportunity to continue
to live in Buckingham Villages or in the immediate neighborhood, as well as enable the
preservation of open space, buildings and units in Village 3 as historic and affordable. This type
of density bonus has been used in other site plans; e.g., Abingdon Heights and the Arlington Ice

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Rink.

The applicant proposes to dedicate in fee a total of 82,884 square feet of site area to the County
for public street and public park purposes, which otherwise would yield 68 residential units at 36
units per acre. This is the maximum density permitted by site plan, without bonus, under the
“RA8-18” zoning district. The resulting site area reduction, based on these dedications, results
in a project that is 68 units greater than what would typically be permitted in this zoning district.
 Therefore, staff recommends that the density associated with the 82,884 square feet of the public
street and public park dedications be approved as bonus for the project. This type of density
credit has been used in other site plans in which the County desired land for street and other
public purposes; e.g., Crystal Houses Lofts, The Amelia, Penrose Square, 2000 Wilson
Boulevard.

Community Process: Since approval of the MOU, a Buckingham Villages review process was
developed and implemented consistent with the objectives of the MOU.

   •    Site Plan Review Committee: The Site Plan Review Committee (SPRC) met five (5)
        times and discussed a number of alternative redevelopment scenarios for Village 1. The
        proposal that is the subject of this site plan request stood out as best meeting the
        redevelopment goals. Representatives of the Community Preservation Committee, the
        Historic Affairs and Landmark Review Board, the Housing Commission and the
        Transportation Commission participated in the SPRC process.

   •    Community Preservation Committee: Since its inception in September 2006, To date, the
        Community Preservation Committee (CPC) met 1415 times to review preliminary
        affordable housing plans, including two scenarios for how they propose to provide the
        300 affordable units, as well as details on the proposed unit mix and type, affordability
        levels, rental and ownership scenarios, financing options, tenant relocation, and phasing
        applicant, staff and community-generated materials and proposals on the current tenant
        population and needs, affordable housing number, location, unit mix and type, level of
        affordability, rental and ownership scenarios, financing options, and tenant relocation and
        phasing. Issues were identified and discussed in the context of the MOU, relevant
        County policies and past practices on other sites. CPC resolved several major issues
        through consensus, which are reflected in the current proposal. Representatives of the
        CPC also participated in the SPRC and HALRB meetings.

   •    Historic Affairs and Landmark Review Board: The Historic Affairs and Landmark
        Review Board (HALRB) and/or the Design Review Committee, met to review the
        proposed site plan four (4) times on Village 1 and eight (8) times on Village 3. The
        HALRB/DRC reviewed all exterior aspects of the Village 3 renovation proposal,
        including roofs, windows, additions, landscaping, street furniture, and the exterior
        swimming pool and new meeting building. For Village 1, the HALRB/DRC reviewed

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       the alternative redevelopment proposals. Representatives of the HALRB and DRC also
       participated in the SPRC and CPC meetings, in which they expressed preference for an
       alternative redevelopment scenario. In June 2006, the HALRB recommended that the
       County Board designate Buckingham Villages 1, 2 and 3 as an Historic Landmark and
       that the local Buckingham Historic District be expanded to include the Villages.

   •   Tenant Landlord Commission: At its meeting on February 21, 2007, the Tenant-
       Landlord Commission reviewed the applicant’s proposed relocation plan and voted to
       recommend its adoption by the County Board. The Buckingham Village Apartments
       Relocation Plan agrees with all measurable goals of the County’s Tenant Relocation
       Guidelines. The Commission also recommends the following changes to the Priority
       Ranking System: one (1) point be awarded for each school-aged child in a households
       and one (1) point be awarded to tenants currently receiving Housing Grants or Section 8
       Rent Assistance. The Tenant-Landlord Commission agreed with the applicant’s clearly
       stated opposition to the creation of a “working group” with authority regarding the
       handling of relocation and construction issues, however the Commission is willing to
       have a representative serve on a group formed to monitor and advise the principals of the
       relocation effort.

       The Tenant-Landlord Commission strongly urged the applicant to take seriously its
       commitment to maintain the property during the redevelopment of the property. Other
       issues the Commission felt had merit were: adequate staffing for the Relocation Office;
       and establishment of an Emergency Need Fund for vested tenants.

   •   Housing Commission: At its meeting on March 8, 2007, the Housing Commission
       expressed general support for the proposed housing plan in the Buckingham Villages 1 &
       3 site plan and recommended that the County Board approve up to $7 million in
       Affordable Housing Investment Funds (AHIF) to support financing of the 100 tax-credit
       units in Village 1, with one amendment: That between 5-10 units are provided to
       Department of Human Services’ clients (as otherwise described in Condition #7 in the
       draft AHIF report dated March 7, 2007). The Commission also recognized the critical
       importance of retaining current Buckingham Villages residents with incomes between
       60-80% AMI to the stated MOU goals of community preservation and affordable housing
       (these residents do not qualify for tax-credit affordable units). The Commission
       recommended that the County Board direct the County Manager to find viable ways to
       achieve a committed affordable housing program for 60 additional non-tax credit units
       within the Buckingham community. Furthermore, the Commission strongly supports the
       continued pursuit of an affordable home ownership program on Village 3.

   •   Transportation Commission: At its meeting on March 8, 2007, the Transportation
       Commission voted unanimously to support the project subject to the conditions of the
       staff report and with several amendments to the conditions:

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       o The median on 4th Street between North George Mason Drive and the townhouse
         access road should be removed.
         Staff Response: The addition of the median was proposed by staff to make the
         bifurcation of 4th Street around the park safer and easier to navigate. Staff
         recommends that it be retained.
       o Along 4th Street North, just prior to the intersection with 3rd Street North where the
         two one-way sections of 4th Street merge back together, the proposed 2-foot wide
         planting strip should be removed and the sidewalk should be widened by 2-feet.
         Staff Response: Staff recommends that the planting remain in order to soften the edge
         between the sidewalk and the street. The planting strip also provides separation
         between pedestrians and vehicles.
       o Along North George Mason Drive the development should include an 8-foot wide
         clear sidewalk.
         Staff Response: Staff concurs and the developer has agreed to modify the plans to
         incorporate an 8-foot wide clear sidewalk along North George Mason Drive.
       o A condition should be added to ensure continuous pedestrian access along Pershing
         Drive, Henderson Road, and George Mason Drive during construction.
         Staff Response: As identified in Condition #6, the applicant has agreed to submit a
         plan for administrative review and approval of pedestrian circulation during each
         phase of construction. Staff will evaluate pedestrian circulation for each phase of
         construction.
       o A condition should be added confirming that ownership of the bus shelters will rest
         with Arlington County.
         Staff Response: Condition #51.i. has been amended to require the developer to either
         construct and dedicate three (3) bus shelters to Arlington County or make a financial
         contribution towards the construction of the three (3) bus shelters.
       o The 4-foot wide planting strip adjacent to Culpepper Garden should become a 4-foot
         wide sidewalk. The proposed sidewalk along Buildings A and B should remain.
         Staff Response: Staff concurs and Condition #21 now requires a 4-foot wide sidewalk
         along the west side of 3rd Street. Adjacent to Buildings A and B, 3rd Street will
         include a 5-foot wide sidewalk plus a 4-foot planting strip.
       o All sidewalks, loading dock entries, curb returns, curb cuts, and crossings should be
         in accordance with County policy.
         Staff Response: Staff concurs and has directed the applicant to properly show these
         elements on their plans, including the final site development and landscape plan
         and/or final engineering plans (Condition #15.c).
       o Crosswalks should be added at the following intersections: Henderson Road and 3rd
         Street; Pershing Drive and 3rd Street; and, 4th Street and the unnamed "internal
         street" between Buildings A and B.
         Staff Response: Staff concurs and Condition #19 has been amended to require the
         addition of these crosswalks.



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       o With respect to proposed Condition #19.f., the Transportation Commission would not
         object to forfeiture of the applicant's contribution towards the installation of a traffic
         signal along George Mason Drive, provided the results of a County study conclude
         that the traffic signal is unnecessary, to be determined one year after issuance of the
         final certificate of occupancy associated with this site plan.
         Staff Response: Staff will continue to monitor and study pedestrian and vehicular
         traffic through redevelopment of Village 1 and will evaluate the need for
         signalization of the intersection. Condition #19.f. has been amended and the applicant
         has agreed to allow the County to evaluate and identify the need for a contribution
         toward the signalization of the intersection of North George Mason Drive and 4th
         Street North one (1) year following the issuance of the last Certificate of Occupancy
         on Village 1.

   •   Planning Commission: The Planning Commission will review this proposal aAt its
       carryover meeting on March 15, 2007, the Planning Commission voted to recommend
       that the County Board:. A supplemental report will address any issues raised at that
       meeting.
       o Adopt a local ordinance to expand the Buckingham Historic District to include
           Village 3, with an additional recommendation that the boundaries of the expanded
           local historic district should extend to the Village 3 property line or to the edge of the
           curb of all street frontages, whichever is a greater distance.
           Staff response: At this point, staff does not have information on the metes and
           bounds of the Village 3 property. The local ordinance has been amended to state that
           the boundaries are based on the legal description of the property. A metes and
           bounds description will be provided at a later date.
       o Adopt the amendment to the Master Transportation Plan as discussed in the staff
           report.
       o Adopt the resolution to rezone the parcel from “R-6” to “RA8-18”.
       o Approve the site plan for approximately 714 apartment and townhouse units,
           including approximately 300 affordable dwelling units, with the following conditions
           on which the recommendation is contingent:
               Update Conditions #65A and 65B with regard to the number of accessible units
               and supportive housing units.
               Staff response: The Condition has been updated.
               Completion of a sales agreement for the park and streets.
               Staff response: Staff is still in negotiations with the applicant regarding the sales
               agreements, which will take approximately 30 days to complete. It is anticipated
               that the negotiations will be completed by the April County Board meeting.
               Completion of a sales agreement for Village 3.
               Staff response: Staff is still in negotiations with the applicant regarding the sales
               agreements, which will take approximately 30 days to complete. It is anticipated
               that the negotiations will be completed by the April County Board meeting.

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              Clarification of Conditions #76, 77 and 78.
              Staff response: When the negotiations are finalized, there will be additional
              language in the conditions that address the sales agreements for County
              acquisition of the park and new segments of 3rd and 4th Streets, and Village 3
              (Conditions #76 and 78, respectively). The sales agreements will also contain
              language on the various contract requirements. Conditions #77 and #81 address
              improvements to the park and streets, in which the applicant would design and
              construct through a competitive bidding process, subject to approval and funding
              by the County. The applicant would work with the County to design and improve
              the park with elements agreed to between it and the County, and maintain the park
              and its elements in perpetuity for the life of the site plan.
              Clarification that a maximum coverage of 56 percent applies to the total area of
              the site plan.
              Staff response: Staff concurs and Condition #82 has been added to the site plan
              to require that the site coverage for the entire site plan, including both Villages 1
              and 3, not exceed 56 percent. Furthermore, the total proposed site coverage has
              been included in the table on page 9 of this report.
              Add a condition to require that the park include barrier-free access to the gazebo
              and hard-surface access to the tot lot.
              Staff response: Staff concurs and recommends that this language be added to
              Condition #77 which addresses the park improvements. This requirement may
              also be a part of the sales agreement.
              Add a condition regarding maintenance of the site and residential units during
              phasing of construction while tenants are still in residence.
              Staff response: Staff concurs and recommends that Condition #66 be revised to
              require maintenance of the site and maintenance of units on Villages 1 and 3 that
              continue to be occupied by tenants during the phasing of construction on Village
              1.
              Add a condition that the applicant maintain the park in perpetuity.
              Staff response: Staff concurs and recommends that new language be added to
              Condition #77. This requirement may also be a part of the sales agreement.
              The applicant should present to the County Board elevations of the multi-family
              buildings showing venting for washers and dryers and rooftop venting.
              Staff response: Staff concurs and has requested that the applicant prepare
              elevations for staff and for County Board review at its recessed meeting on March
              20, 2007. Furthermore, Condition #34 has been revised to clarify the
              requirements for administrative façade review, including the provision of design
              details of the vents.
              That the County’s Urban Forester identify trees unlikely to survive construction
              and that the applicant be required to plant canopy trees according to the County’s
              tree replacement formula, with the emphasis that trees be planted in Village 1 or
              3.

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               Staff response: Staff concurs and has added language to Condition #3.d.(5) to
               require that if any of the existing 14 trees, that were identified to be saved, are
               removed from the site, then the trees would be required to be replaced consistent
               with the County’s Tree Replacement Guidelines and the replacement trees shall
               consist of major deciduous canopy trees and located on either Village 1 or Village
               3, or both.

CONCLUSION: This proposal is the result of a significant community effort to plan for the
sensitive redevelopment of Buckingham Villages 1 and 3. The proposal balances
redevelopment, historic preservation and the preservation of affordable housing. It is consistent
with the Historic Preservation Master Plan, the Master Transportation Plan and the General Land
Use Plan, as well as the goals set forth in the MOU. Modifications of use regulations are
recommended in the site plan for a one-time density credit for the dedication of site area for
public streets and a public park, for bonus density for affordable housing and the historic and
community preservation of Village 3, and for site coverage on Village 1 that slightly exceeds the
district requirement. The proposed site plan would comply with Section 36.H.3. of the Zoning
Ordinance, including compliance with County standards, policies and plans; functionally relating
to other structures permitted in the district and not being injurious or detrimental to the property
or improvements in the neighborhood; and, promoting and protecting the public health, safety
and welfare.

 For these reasons, staff recommends that the County Board designate Buckingham Village 3 as
part of local Buckingham Historic District; amend the Master Transportation Plan to add new
sections of 3rd Street North and 4th Street North and 3rd Street North; approve a rezoning from
“R-6” to “RA8-18”; and, approve the site plan for 574 apartment and townhouse units on Village
1, and historic and community preservation of 140 units on Village 3, including 300 committed
affordable dwelling units, subject to the following conditions:

Note: Where a particular County office is specified in these conditions, the specified office
includes any functional successor to that office. Where the County Manager is specified in these
conditions, “County Manager” includes the County Manager’s designee. Whenever, under these
conditions, anything is required to be done or approved by the County Manager, the language is
understood to include the County Manager or his or her designee.

•      The following Conditions of site plan approval (#1 through #14) are valid for the life
       of the site plan and must be met by the developer before issuance of the Clearing,
       Grading and Demolition Permit.

1.     Site Plan Term
       The developer (as used in these conditions, the term “developer” shall mean the owner,
       the applicant and all successors and assigns) agrees to comply with the standard
       conditions set forth below and as referenced in Administrative Regulation 4.1 and the

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       revised plans dated February 13 and 14, 2007 and reviewed and approved by the County
       Board and made a part of the public record on March 17, 2007, including all renderings,
       drawings, and presentation boards presented during public hearings, together with any
       modifications proposed by the developer and accepted by the County Board or vice
       versa.

       This site plan approval expires three (3) years after the date of County Board approval if
       a building permit has not been issued for the first building to be constructed pursuant to
       the approved plan. Extension of this approval shall be at the sole discretion of the
       County Board. The owner agrees that this discretion shall include a review of this site
       plan and its conditions for their compliance with then current County policies for land
       use, zoning and special exception uses. Extension of the site plan is subject to, among
       other things, inclusion of amended or additional site plan conditions necessary to bring
       the plan into compliance with then current County policies and standards together with
       any modifications proposed by the owner and accepted by the County Board or vice
       versa.

2.     Pre-Construction Meeting
       The developer agrees to coordinate and conduct a pre-construction meeting in a County
       office building prior to the issuance of any permits for the site plan. The meeting
       participants shall include the developer and its construction team, and relevant County
       staff. Relevant County staff will include the following personnel and division
       representatives: DCPHD Site Planner, Arlington County Police, Code Enforcement,
       Department of Environmental Services (DES) Transportation Planner, Department of
       Parks, Recreation and Community Resources (DPRCR) site plan liaison, Landscape Plan
       team, Arlington Economic Development (AED), green building staff contact,
       WalkArlington staff, Housing Division, and other departments as determined by the
       County Manager. The developer agrees to notify the above meeting participants of the
       meeting time and location at least two weeks in advance. The purpose of the pre-
       construction meeting is to discuss the requirements of the site plan conditions.

3.     Tree Protection and Replacement

       a.     The developer agrees to complete a tree survey, which shows existing conditions
              of the site and locates and identifies all trees which are four (4) inches in diameter
              or greater. The survey shall include any tree on adjacent sites whose dripline
              extends onto the subject site.

       b.     The developer agrees to file and implement a tree protection plan which will
              designate any trees proposed to be saved by the developer. Trees designated to be
              saved on the tree protection plan, or those specified to be saved by the approved
              site plan and shown on any filing in connection with this case, will be protected.

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               This plan shall include any tree on adjacent sites whose dripline extends onto the
              subject site. The tree protection plan shall be developed by a certified arborist or
              other horticultural professional with a demonstrated expertise in tree protection
              techniques on urban sites and shall be submitted and approved, and found by the
              County Manager to meet the requirements of this site plan, before the issuance of
              the Clearing, Grading and Demolition Permit.

       c.     Upon approval of the tree protection plan the developer agrees to submit to the
              Department of Parks, Recreation, and Cultural Resources (DPRCR) a
              performance bond estimate for the trees to be saved. Upon approval of the
              performance bond estimate by the DPRCR, the developer agrees to submit to the
              DPRCR a performance bond, in the approved amount of the estimate, and the
              approved tree protection plan, which bond shall be executed by the developer in
              favor of the County before the issuance of the Final Building Permit. Prior to the
              release of the public improvement bond, the developer agrees to submit to the
              DPRCR as-built drawings showing the location of all saved trees.

       d.     The Developer agrees that any tree proposed to be saved on the tree protection
              plan or other filing shall be saved. At a minimum, this plan shall include:

              (1)       A site grading plan at two (2) foot intervals, including the location of all
                        proposed improvements and utilities.

              (2)       Detailed specifications for any tree walls or wells proposed.

              (3)       A description of how and where building materials and equipment will be
                        stored during construction to ensure that no compaction occurs within the
                        critical root zone of the trees to be saved.

              (4)       Identification of tree protection measures and delineation of placement of
                        tree protection.

              (5)       Any tree required to be saved, pursuant to this condition, which dies (any
                        tree which is 30% or more dead as determined by the County’s Urban
                        Forester shall be considered to have died) prior to, or within ten (10) years
                        of, the issuance of the Master Certificate of Occupancy shall be removed
                        and replaced by the developer at his expense with the number of major
                        deciduous and evergreen trees consistent with the Tree Replacement
                        Guidelines and which meet the minimum size and other requirements of
                        Condition #16 below, provided, however, that replacement as specified in
                        this subparagraph (3.b.5) does not relieve the developer of any violation
                        resulting from the failure to save identified trees. The developer agrees

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                        that it will make best efforts to save the three (3) existing trees located in
                        the interior site, which are identified on the plans as being preserved.
                        However, if any of The developer further agrees that the 1114 trees shown
                        on the drawings to be preserved, which are located along the street
                        frontages of Village 1,will be are removed, then they shall be and replaced
                        consistent with the County’s Tree Replacement Guidelines, and the
                        replacement trees shall consist of major deciduous canopy trees and shall
                        be located on either Village 1 or Village 3, or both. If the number of
                        replacement trees for any of the aforementioned 14 trees can not fit on
                        Village 1 or 3, or both, then the developer shall follow the County’s Tree
                        Replacement Guidelines for locating the trees.

       e.     In addition to saving identified trees, the developer also agrees to replace all trees
              shown on the Tree Survey that are removed as a result of the new construction in
              accordance with the Arlington County Tree Replacement Guidelines.
              Replacement trees may include any new street trees and these street trees may be
              included in, and may county towards, the overall tree replacement calculation.
              The developer agrees to submit tree replacement calculations and a tree
              replacement plan in accordance with the Arlington County Tree Replacement
              Guidelines. The tree replacement calculations shall be developed by a certified
              arborist or other horticultural professional with a demonstrated expertise in
              assessing the condition of trees. Any replacement trees shall conform to the
              standards and specifications set forth in Condition #16a below and shall be
              installed on the project site or on County-owned land, determined by the County
              Manager. The developer agrees to submit and obtain approval of this plan by the
              County Manager as part of the final site development and landscape plan.

4.     Photographic Record of Development
       The developer agrees to produce and submit to the Zoning Administrator a photographic
       record of development, starting with a record of the site as it appears before demolition is
       begun, including photographic records during construction, and ending with a
       photographic record of the development as it appears after completion of construction.
       These photographs shall comply with the following specifications:

       All photographic records shall be taken using black and white film. Submission of a
       photo contact sheet and 8" x 10" prints on photographic paper shall be the minimum
       acceptable standard. Color photographs on compact disc must be submitted in addition
       to black and white photographs and the photo contact sheet at the end of the project prior
       to the issuance of the Master Certificate of Occupancy.

       The photographic record shall include photos taken at the following points in
       construction, and photos shall be submitted as taken:

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       a.     Before Clearing, Grading and Demolition of the site (shall be submitted before
              issuance of the Clearing, Grading and Demolition Permit)–Views of north, south,
              east and west facades, as location permits, of buildings to be demolished, as well
              as at least one photo of the site before any clearing or grading including the
              existing physical relationship with adjacent buildings and streets. The
              photographic record shall also include all historic aspects of the facades of the
              building to be demolished, consistent with the requirements described in
              Condition #54 below.

       b.     Site Clearance (shall be submitted before issuance of the Footing to Grade
              Permit)–Views of cleared site facing north, south, east and west, as location
              permits, with adjacent buildings and streets included.

       c.     Construction Phase (shall be submitted before issuance of the Shell and Core
              Certificate of Occupancy Permit)–At a minimum, views of the site: during
              excavation, upon completion of the first floor above grade, at topping out, and
              during the exterior cladding phase.

       d.     Site Completion (shall be submitted before issuance of the Master Certificate of
              Occupancy)–North, south, east and west facades of completed building or
              buildings, as well as at least one view of completed project in context of adjacent
              buildings and streets.

       The photographic records for which no time is specified above, including the completed
       compact disc with the entire photographic history, shall be delivered to the Zoning
       Administrator, before the issuance of a Master Certificate of Occupancy for placement in
       the County archives.

       If the developer uses the "Fast Track" Permit Process, the Site Clearance and
       Construction Phase photographs shall be submitted before the issuance of the Footing to
       Grade Structure Permit, or the first Building Permit, whichever comes first. The
       Construction Phase photographs, showing any construction to grade, shall be submitted
       before the Final Building Permit. The Construction Phase photographs showing all
       construction above grade and the Site Completion Photographs and completed compact
       disc showing the entire photographic history of the site shall be submitted before
       issuance of the Master Certificate of Occupancy.

       Utility Fund Contribution
5.     In addition to funding and constructing the utility undergrounding work, the developer
       agrees to contribute in the amount specified in Site Plan conditions to the County utility
       fund before the issuance of the Building Permit or prorated consistent with an approved

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       phasing plan for the development. The total utility fund contribution for this site is
       $347,888 ($50,000 x 9.402 acres (total site minus site area for streets and park) x 74%
       market rate units). These funds may, but need not, be used by the County for the purpose
       of providing the undergrounding of utilities along the properties which are not
       redeveloping in this undergrounding district. If the area of the site plan is subdivided, the
       contribution to be made by each owner shall be based proportionally on the amount of
       site area allocated to each subdivided parcel. The contribution, if not obligated by the
       County to pay for utility undergrounding projects within 10 years from the date of
       payment, will be refunded without any accrued interest to the development owners of
       record at the time of any refund.

       Plan for Temporary Circulation During Construction
6.     The developer agrees to develop and implement (after approval) a plan for temporary
       pedestrian and vehicular circulation during construction. This plan shall identify
       temporary sidewalks, interim lighting, fencing around the site, construction vehicle
       routes, and any other feature necessary to ensure safe pedestrian and vehicular travel
       around the site during construction. Exceptions may be made only during an emergency
       as defined below, during actual demolition, and for such limited periods as are
       unavoidable for utility upgrades. The developer agrees to submit this plan to, and obtain
       approval of the plan from, the County Manager as meeting these standards, before the
       issuance of the Clearing, Grading and Demolition Permit. The developer agrees to
       provide a copy of the approved plan to the appropriate civic associations. The County
       Manager may approve subsequent amendments to the plan, if consistent with this
       approval.

       The developer agrees, during the hours of construction, to provide “flagmen” to assist in
       the direction of traffic along or around a street any time that any driving lane of such a
       street is partially or fully blocked due to temporary construction activities. In addition,
       the developer agrees to notify the appropriate civic associations and all abutting property
       owners in writing (or, by mutual agreement, by e-mail) at least seven calendar days in
       advance of any street closure, except in the case of an emergency, of more that 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, or utilities work, or similar situations.

       Where county street lighting has been removed or disconnected due to construction and
       not yet replaced or reconnected, the developer agrees to maintain lighting around the
       perimeter of the site between the start of construction and completion of the project. The
       lighting shall be designed to illuminate the temporary pedestrian walkways and roads
       around the perimeter of the site. The developer may do this by means of overhead lights

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       (e.g. “cobra head” lights) that meet the lighting standards for Arlington County streets, or
       by stringing lamps of the kind used in “used car” lots or similar along sidewalks and
       streets along the perimeter of the site. If lighting is accomplished by the latter, such
       lighting shall be with 75 watt bulbs (or approximate equivalent) placed no more than 25
       feet apart and 6 to 10 feet high. 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. For
       purposes of this condition, “completion of the project” shall mean the time when the
       County standard lighting fixtures are in place and operational around the perimeter of the
       site.
       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 insure 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 private utility companies. 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. However, if the road surface is
       disturbed during the winter months, the developer may temporarily restore the road
       surface using cold patching and then hot patch the disturbed surface at the earliest
       opportunity when weather conditions permit. If cold patching is used, it shall be properly
       maintained and resurfaced as necessary to maintain a clean, smooth road condition. 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.

       Residential Relocation
7.     The developer agrees to coordinate with the Arlington County Relocation Program
       Coordinator Specialist in order to provide each rental household living in a Buckingham
       Village 1 or Buckingham Village 3 either an apartment unit or a single-family dwelling
       which who is displaced by the construction that takes place as a result of this site plan,
       except those who sign initial leases for a unit in the project after the date of this site plan
       approval, with at least the following:

       a.      A minimum of 120 days written notice to vacate.



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       b.     Relocation payments, in accordance with the Arlington County Tenant Relocation
              Guidelines Relocation Plan approved by the Tenant-Landlord Commission and to
              be adopted by the County Board and in effect on March 17, 2007, and the tenant
              relocation plan for this property, a copy of which is attached to the report of the
              County Manager for this site plan approval the County Board date identified in
              Condition #1.

       c.     Relocation services in accordance with the Arlington County Tenant Relocation
              Guidelines Relocation Plan approved by the Tenant-Landlord Commission and to
              be adopted by the County Board and in effect on March 17, 2007, a copy of
              which is attached the County Board date identified in Condition #1,.

       If the developer decides to limit relocation benefits to persons who executed initial leases
       before adoption of the site plan, tThe developer agrees to notify, in writing, any tenant
       moving in after the date that the site plan is approved of his/her ineligibility for relocation
       payments and services. Any tenant who has not signed a waiver of rights to relocation
       assistance must receive the assistance. In cases where State law requires 120-day notice
       to vacate (displacement from multi-family buildings containing four or more units),
       notice cannot be waived, but the lead time for such notice may be reduced by mutual
       agreement in writing. Evidence of compliance with this condition shall be provided to
       the Zoning Administrator before the issuance of the Clearing, Grading and Demolition
       Permit.

       Retail Relocation
8.     Intentionally Omitted The developer agrees to coordinate with the Department of
       Economic Development in order to provide the following relocation assistance to all
       retail tenants under lease as of the date of the approval of the proposed site plan:

       a.     The developer agrees to keep all retail tenants informed of the redevelopment
              schedule by providing periodic updates with regard to material changes in the
              development program for the site, including the phasing of the project, anticipated
              schedules for eviction, construction and occupancy, and any anticipated material
              impacts on the tenants while they remain on the site, such as test borings,
              construction signs and fencing, asbestos removal, disruptions to customer parking
              and pedestrian paths, and the like.

       b.     The developer will assist the County to make available to all retail tenants, either
              directly or through the developer, information on available commercial space in
              the County, business counseling services and appropriate business courses.

       c.     The developer agrees to cooperate with the retail tenants by referring tenants who
              so request to private sources of professional assistance in regard to lease

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              negotiation (i.e., understanding lease terms, trends and negotiation strategy),
              space planning and other related sources of help.

       d.     Except for provisions in any lease to the contrary, the developer agrees to
              maintain the site, structures and systems in good repair and in a businesslike
              appearance until the last retail tenant vacates or until the notice to vacate expires,
              whichever comes first.

       e.     The developer agrees to show compliance with the terms of this condition to the
              Zoning Administrator before the issuance of the Clearing, Grading and
              Demolition Permit.

       Compliance with Federal, State and Local Laws
9.     The developer agrees to comply with all federal, state and local laws and regulations not
       modified by the County Board's action on this plan and to obtain all necessary permits.
       In addition, the developer agrees to comply with all of the agreed-upon conditions
       approved by the County Board as a part of this site plan approval. The developer
       specifically agrees that the County has the authority to take such actions as may be
       necessary, to include the issuance of a stop work order for the entire affected phase of the
       project, when the developer is not in compliance with the agreed-upon conditions.
       Further, temporary Certificates of Occupancy will not be issued without approval by the
       Zoning Administrator.

       Post-County Board 4.1 Filing
10.    The developer agrees to file three copies of a site plan and the tabular information form,
       and digital copies on compact disc in JPEG, PDF, and DXF formats, which complies
       with the final approval of the County Board and with Administrative Regulation 4.1, with
       the Zoning Administrator within 90 days of the County Board approval and before the
       issuance of the Clearing, Grading and Demolition Permit. The developer also agrees that
       no changes to the approved post-4.1 plans can take place in the field without prior
       approval by the Zoning Administrator or the County Board.

       The developer agrees to include on the post-4.1 plans details regarding existing traffic
       signal system infrastructure, e.g., poles, meters, controller cabinets, and to indicate on the
       plans if any part of the system will be moved and to where it is proposed to be moved.

       The developer agrees to convene and participate in a meeting with pertinent County staff
       to address requirements of the site plan approval.

       The developer also agrees that no changes to the approved post-4.1 plans can take place
       in the field. All post-4.1 plan changes must be approved by the lead DCPHD contact for
       the site plan.

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       Community Liaison and Activities During Construction
11.    The developer agrees to comply with the following before issuance of the Clearing,
       Grading and Demolition Permit and to remain in compliance with this condition until the
       Master Certificate of Occupancy is issued.

       a.     The developer agrees to identify a persons who will serve as liaisons to the
              community throughout the duration of construction. Theseis individuals shall be
              on the construction site throughout the hours of construction, including weekends.
               The names and telephone numbers of theseis individuals shall be provided in
              writing to residents, property managers and business owners whose property
              abuts the site, and to the Zoning Administrator, and shall be posted at the entrance
              of the project.

       b.     Before commencing any clearing or grading of the site, the developer shall hold a
              community meeting with those whose property abuts the project to review the
              construction hauling route, location of construction worker parking, plan for
              temporary pedestrian and vehicular circulation, and hours and overall schedule
              for construction. The Zoning Administrator and the Arlington County Police
              representative must be notified once the community meeting dates/times are
              established. The developer agrees to provide documentation to the Zoning
              Administrator of the date, location and attendance of the meeting before a
              Clearing, Grading and Demolition Permit is issued. The developer agrees to
              submit to the Zoning Administrator two (2) sets of plans or maps showing the
              construction hauling route, construction worker parking and temporary pedestrian
              and vehicular circulation (one set of which will be forwarded to the Police).
              Copies of plans or maps showing the construction hauling route, construction
              worker parking and temporary pedestrian and vehicular circulation shall be posted
              in the construction trailer and given to each subcontractor and construction
              vehicle operator before they commence work on the project. The location of all
              construction trailers shall be approved either by Administrative Change approval
              or to be shown on the Tree Protection Plan, with the construction staging’s
              location and travel routes shown on a map approved as part of that plan. All
              trailers shall require approval by DES staff, and the site plan’s Arlington County
              Police representative shall receive a copy of the aforementioned map.

       c.     Throughout construction of the project, the developer agrees to advise abutting
              property owners in writing of the general timing of utility work in abutting streets
              or on-site that may affect their services or access to their property.

       d.     At the end of each work day during construction of the project, the developer
              agrees to ensure that any streets used for hauling construction materials and

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              entrance to the construction site are free of mud, dirt, trash, allaying dust, and
              debris and that all streets and sidewalks adjacent to the construction site are free
              of trash and debris.

       e.     The developer agrees that construction activity, except for construction worker
              arrival to the construction site and indoor construction activity, will commence no
              earlier than 7:00 a.m. and end by 6:30 p.m. on weekdays and will commence no
              earlier than 10:00 a.m. and end by 6:30 p.m. on Saturdays, Sundays, and holidays.
              “Holidays” are defined as New Year’s Day, Martin Luther King Day, Presidents’
              Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’
              Day, Thanksgiving, and Christmas. Indoor construction activity defined as
              activity occurring entirely within a structure fully enclosed on all sides by
              installed exterior walls, windows, and/or doors shall end at midnight each day,
              and any such activity that occurs after 6:30 p.m. shall not annoy or disturb
              reasonable persons of normal sensitivities. 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.

       f.     Storage of construction materials, equipment and vehicles shall occur on the site
              or an approved off-site location, or as approved by the County Manager.

       C & D Waste
12.    The developer agrees to provide a plan for diverting from landfill disposal the
       demolition, construction, and land clearing debris generated by the project. The plan
       should outline recycling and/or reuse of waste generated during demolition and/or
       construction. The plan should outline specific waste streams and identify the means by
       which waste will be managed (reused, reprocessed on site, removed by licensed haulers
       for reuse/recycling, etc.). The plan must include letters from contracted haulers,
       reprocessors, and recyclers indicating that they are able to manage waste from the
       project. The developer agrees to obtain the County Manager’s approval of theis plan
       prior to the issuance of the Clearing, Grading, and Demolition permit, and to implement
       the plan throughout demolition and construction of the project. Compliance with this
       condition may contribute to achieving LEED credits MR 2.1 and 2.2 (Construction Waste
       Management.)

       Green Building Fund Contribution
13.    The developer agrees to make a contribution to the County’s Green Building Fund of
       $13,304.00 ($0.03 X 599,263 square feet x 74% market rate). One half of Tthe payment
       ($6.652.00) shall be made to the Department of Environmental Services prior to the

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       issuance of the Clearing, Grading, and Demolition Permit, and the balance of the
       payment ($6,652.00) shall be made prior to the issuance of the first Certificate of
       Occupancy for the second apartment building to be constructed. Evidence of compliance
       with this condition shall be provided to the Zoning Administrator in the form of a letter at
       the time of the payments. If the project achieves formal certification as a LEED Green
       Building from the U.S. Green Building Council within one year of issuance of the Master
       Certificate of Occupancy, the Green Building fund contribution shall be refunded upon
       receipt of written request, and documentation of LEED certification, by the applicant.

14.    Vacations and Encroachments
       The developer agrees to submit Vacation and Encroachment application(s) or waiver
       form(s) prior to the issuance of any permits for the site plan. Vacations and
       encroachments shall be recorded before the Final Building Permit is issued.

•      The following Conditions of site plan approval (#15 through #35) are valid for the
       life of the site plan and must be met by the developer before issuance of the
       Excavation/Sheeting and Shoring Permit.

       Coordination of these plans: final site development and landscape plan and final site
       engineering plan
15.    The developer agrees to attach the County Board meeting minutes outlining the approved
       conditions and the conditions themselves to each set of Building Permit drawings that it
       submits to the County. The developer agrees to submit to the Zoning Administrator and
       obtain approval from the County Manager of a detailed final site development and
       landscape plan prior to issuance of the Excavation/Sheeting and Shoring Permit. The
       final site development and landscape plan shall be submitted at a scale of 1 inch = 25
       feet, in conjunction with the final site engineering plan as required in Condition #21
       below, as well as a vicinity map with major streets labeled. The final site development
       and landscape plan shall be developed by, and display the professional seal of, a
       landscape architect certified to practice in the Commonwealth of Virginia. The
       developer further agrees that the final site development and landscape plan and the final
       site engineering plan shall verify, by means of survey, that there are no conflicts between
       the street trees and utilities. The developer shall obtain approval by the County Manager
       for both plans as meeting all requirements of the County Board's site plan approval and
       all applicable county laws and plans before the issuance of the Excavation/Sheeting and
       Shoring Permit. The plan shall be consistent with the conceptual landscape plan
       approved as a part of the site plan, and, at a minimum, shall conform to: the landscaping
       requirements in Condition #21 below; the Rosslyn-Ballston Corridor Streetscape
       Standards if applicable; the Sector Plans if applicable; the County's landscaping,
       planting, and sidewalk and driveway construction specifications; and/or other applicable
       urban design standards approved by the County Board. In order to facilitate comparison
       with the final site engineering plan, the final site development and landscape plan shall

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       be at a scale of 1 inch = 25 feet; the County may require more detailed plans appropriate
       to landscape installation at a larger scale to also be submitted. The County may permit
       minor changes in building, street and driveway locations and other details of design as
       necessitated by more detailed planning and engineering studies if such changes are
       consistent with the provisions of the Zoning Ordinance governing administrative
       approval and with the intent of the site plan approval. The final site development and
       landscape plan shall include a Street Tree Plan which shall be reviewed by DPRCR and
       DCPHD, and shall be accompanied by the site engineering plan. The installation of all
       plant materials shown on the final site development and landscape plan shall take place
       before the issuance of the first Certificate of Occupancy for the respective phase of
       construction. The final site development and landscape plan shall include the following
       details:

       a.     The location and dimensions of traffic signal poles and control cabinets, utility
              meters, utility vaults and boxes, transformers, heating, ventilation and air
              conditioning (HVAC) units, mechanical equipment, fire hydrants, standpipes,
              storm water detention facilities, the location of all existing and proposed utility
              lines and of all easements. The location of traffic control cabinets shall be shown
              on the final site engineering plan and placed so as not to obstruct pedestrian travel
              or be visually obtrusive. Traffic control cabinets shall not be located in the public
              a sidewalk clear zone. Transformers shall not be placed above grade in the
              setback area between the building and the street, except that transformers may be
              placed adjacent to 3rd Street extended near the loading dock entrances for the
              apartment buildings. Details of the above grade transformers for the apartment
              and townhouse developments, including the locations and dimensions of the
              transformers, the dimensions and materials of the transformer pads, and screening
              for the above-grade transformers, shall be provided and shall be subject to County
              Manager approval.

       b.     Intake and exhaust garage ventilation grates may not be located within public
              sidewalks or streets, or within areas between the street curb and any building
              which is used as a walkway, except that intake garage ventilation grates may be
              placed adjacent to 3rd Street North and the multi-family buildings. The developer
              agrees to provide drawings showing how the garage will be ventilated prior to
              submission of the post-County Board Administrative Regulation 4.1 drawings
              required in Condition #10 above. Ventilation grates shall be located and/or
              screened so as not to be visible from public rights-of-way. The developer agrees
              to work with the County Manager, and shall obtain approval from the County
              Manager, of the appropriate location and screening of all ventilation grates,
              including vents located adjacent to 3rd Street North, as part of the review of the
              final site engineering plan and the final site development and landscape plan
              before issuance of the Footing to Grade Permit.

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

       d.     The location and types of light fixtures for streets, parking, walkway and plaza
              areas, and associated utilities, as contained in the lighting plan required in
              Condition #53 below.

       e.     Topography at two (2) foot intervals, and the finished first floor elevation of all
              structures, and top-of-slab elevation for any proposed underground structures.

       f.     Landscaping for open space areas, plaza areas, courtyards, raised planters
              (including cross-sections of raised planters), surface parking areas, and service
              drives, including a listing of plant materials; details of planting, irrigation and
              drainage; and details of proposed furnishings for all areas, including but not
              limited to dimensions, size, style(s), materials(s), finish(s) and manufacturer(s) of
              seating, bollards, trash receptacles, bike racks, arbors, trellises, and water
              features, and other landscape elements or structures, including public art, an
              historical marker, and other art features, and screening fencing and fencing
              around outdoor swimming pools. The developer agrees to work with staff to
              incorporate into the design of the art feature that would be located in the central
              park, interactive and child-friendly elements.

       g.     The location and planting details for street trees in accordance with Division of
              Transportation Standards and Specifications for planting in public rights-of-way
              and as shown on the approved final site engineering plan.

       h.     The limits of demolition and construction.

       i.     Once approved, the final site development and landscape plan shall govern
              construction and/or installations of elements and features shown thereon, except
              as amendments may be specifically approved by the County Manager.

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       j.     The location, dimensions and details of the retaining walls located adjacent to the
              southwest property line shared with Culpepper Garden.

       k.     Location, dimensions and screening for any at-grade heating, ventilation and air
              conditioning (HVAC) units, including units for apartment and townhouse
              developments.

       l.     Should the County Manager determine that measures to allow emergency vehicle
              egress from the townhouse development include changes to the site and landscape
              design, then the developer shall show these changes on the final site development
              and landscape plan, which shall be reviewed and approved by the County
              Manager.

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

       a.     Plant materials and landscaping shall meet the then-current American Standard
              for Nursery Stock, and shall also meet the following standards:

              (1)       Major deciduous trees (shade or canopy trees such as Oaks, Maples,
                        London Plane Trees, Japanese Zelkovas, etc.) other than street trees–a
                        minimum caliper of 4 to 4 1/2 inches, except as indicated in Condition #21
                        below.

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

              (3)       Ornamental deciduous trees (such as Cherries, Dogwoods, Serviceberries,
                        Hornbeams, etc.)–a minimum caliper of 3 to 3 1/2 inches. Multi-stem
                        trees shall not be less than 10 feet in height.

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

              (5)       Groundcover–in 2 inch pots.

       b.     The developer agrees to coordinate with the DPRCR urban Forester to determine
              an appropriate and acceptable season in which to conduct planting. Planting is to
              occur during a season so as to best ensure the viability of the plantings. In
              addition, the developer agrees to plant trees prior to issuance of the first
              Certificate of Occupancy Permit.

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

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

       e.     Soil depth shall be a minimum of four (4) feet plus 12 inches of drainage material
              for trees and tall shrubs and three (3) feet for other shrubs, except that the soil
              depth may be four (4) feet plus a drainage board for the southeastern portion of
              Building B where the garage extends beyond the building to the central park.
              This requirement shall also apply to those trees and tall shrubs in raised planters.
              Soil depth for raised planters shall be measured from the bottom of the planter to
              the top of the planter wall. The walls of raised planters shall be no higher than
              seat-wall height (2 1/2 feet, maximum) above the adjacent finished grade.

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

       g.     The developer agrees to maintain the site in a clean and well-maintained
              condition before the issuance of the Clearing, Grading and Demolition Permit and
              agrees to secure and maintain the site throughout the construction and phasing
              process. Further, the developer agrees to submit a maintenance agreement which
              shall ensure that all plaza areas and other landscaped areas located on private
              property are kept in a clean and well-maintained condition for the life of the site
              plan and to follow the terms of that maintenance agreement approved for that
              purpose by the Zoning Administrator, as required in Section 32A of the Zoning
              Ordinance.

       h.     The developer agrees to notify the DPRCR 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 DPRCR to inspect
              the plant material, the tree pit and the technique of planting. Soil used in the tree
              pit must meet the specifications for street tree planting available from the DPRCR
              Urban Forester.

       Utility Company Contacts
17.    The developer agrees to contact all utility companies, including the electric, telephone
       and cable television companies, and offer them access to the site at the time of utility
       installation to install their underground cables. In order to comply with this condition the

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       developer agrees to submit to the Zoning Administrator copies of letters from the
       developer to the utility companies offering them access as stated above.

       Final site engineering plan approval by DOT
18.    The developer agrees to submit final site engineering plans to the Division of
       Transportation. The plans will only be accepted by the Division of Transportation when
       they include a receipt from the Zoning Office that the final site development and
       landscape plan has been submitted. The plans shall be drawn at the scale of 1 inch = 25
       feet and be 24 inches by 36 inches in size. Neither the Excavation/Sheeting and Shoring
       permit nor the first Building Permit shall be issued until final site engineering plans
       which agree with the approved final site development and landscape plan, and the
       sequence of construction, has been approved by the Division of Transportation and the
       CPHD Site Planner, as consistent with all site plan approval requirements and all County
       laws. Upon completion of the construction of a project, the developer agrees to submit
       one (1) set of as-built mylar plans for sanitary, storm sewer and water main construction
       to the Division of Transportation for recording. Should the County Manager determine
       that measures to allow emergency vehicle egress from the townhouse development
       include changes to the site and landscape design, then the developer shall show these
       changes on the final site engineering plans, which shall be reviewed and approved by the
       County Manager.

       Pavement, Curb and Gutter Along All Frontages
19.    The developer agrees to show on the final engineering plans pavement, curb and gutter
       along all frontages of this site in accordance with the then-current Arlington County
       Standard for concrete curb and gutter and the then-current standards for pavement and
       according to the following dimensions. The pavement, curb and gutter shall be
       constructed prior to issuance of the first Certificate of Occupancy for occupancy of the
       applicable phase of the project.

       a.     North George Mason Drive, 60 feet. To include four crosswalks and
              accompanying handicap ramps at the intersection of North Henderson Road
              (south side), 4th Street North (north and south side) and North Pershing Drive
              (north side).

       b.     North Henderson Road varies in width, at North George Mason Drive it is 36 feet
              and at 3rd Street North it is 43 feet. To include four crosswalks and accompanying
              handicap ramps at the intersection of 3rd Street North (east side and west side of
              the existing intersection), North George Mason Drive (west side) and mid-block
              approximately 100 feet south of the intersection of North George Mason Drive.




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       c.     North Pershing Drive, 36 feet. To include two crosswalks and accompanying
              handicap ramps at the intersection of North George Mason Drive (west side) and
              3rd Street North (east side)

       d.     3rd Street North 29.5 feet. To include three crosswalks and accompanying
              handicap ramps at the intersection of North Henderson Road (south side), North
              Pershing Drive (north side) and 4th Street North.

       e.     4th Street North 23 feet. In order to provide appropriate circulation around the
              park, at the time of submission of final engineering plans, the Department of
              Environmental Services may require the addition of a 4-foot median between
              traffic entering and exiting the site along the section of 4th Street North between
              North George Mason Drive and the townhouse access road. To include seven
              crosswalks and accompanying handicap ramps at 3rd Street North (east side),
              North George Mason Drive (west side), townhouse access road (east side and
              west side, the west side shall include a crosswalk crossing each direction of traffic
              flow as the road bifurcates around the park) and at each building entrance to cross
              to the park.

       f.     Should the County identify the need for signalization (pedestrian or vehicular) of
              the intersection of 4th Street North and North George Mason Drive within one
              year of issuance of the Certificate of Occupancy for the final building on the site
              the developer agrees to contribute up to $150,000 for the design, signalization and
              other such costs of the signal.

       g.     The developer agrees to construct new curb and gutter closing median breaks
              along George Mason Drive and adding planting materials were needed to create a
              continuous planted median along George Mason Drive between North Henderson
              Road and 4th Street North and between 4th Street North and North Pershing Drive.

       All improvements to curb, gutter, sidewalks and streets for pedestrian and/or vehicular
       access or circulation shall be in full compliance with the Americans with Disabilities Act
       (ADA) and any regulations adopted thereunder, as well as any other applicable laws and
       regulations. The developer further agrees that all improvements to curb, gutter,
       sidewalks, crosswalks, and streets for pedestrian and/or vehicular access or circulation
       shall be as determined by the County Manager on the final Site Development and
       Landscape Plan and on the final Site Engineering Plan, in accordance with the Rosslyn-
       Ballston Corridor Streetscape Standards or other applicable urban design standards in
       effect at the time of final Site Engineering Plan Approval; provided, however, that the
       provision of such improvements shall not increase the projected cost anticipated for such
       improvements as shown on the site plan drawings dated February 13, 14 and 15, 2007
       unless the County provides additional funding to offset such increased cost.

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       Survey Monuments
20.    The developer shall submit a boundary survey of the site, with an error of closure within
       the limit of one (1) in twenty thousand (20,000), related to the Virginia Coordinate
       System of 1983 (VCS 83). Two (2) adjacent corners or two points on every plan sheet
       shall be referenced to the VCS 83 with coordinate values shown in feet. If a conversion
       from meters to feet is necessary, the foot definition used for conversion is the U.S.
       Survey Foot of 1 ft = 1200/3937 E+00 meters. If the development is located more than
       one-half mile from an Arlington County Survey Control Network (ACSCN) monument,
       the developer shall utilize a Virginia Licensed Land Surveyor to establish a permanent
       second order accuracy (or higher) survey control monument. The surveyor shall comply
       with standards and specifications contained in the current VDOT Survey Manual. The
       surveyor will be required to submit his or her computations to the Office of the County
       Surveyor for inclusion into the ACSCN. Plans referenced to the VCS 83 shall be
       annotated as follows: “The site shown hereon is referenced to the Virginia Coordinate
       System of 1983 as computed from a field survey which ties this boundary to the
       Arlington County Survey Control Network.”

       Sidewalk Design and Improvements
21.    The developer agrees that the final sidewalk pattern/design and final selection of
       materials and colors to be used shall be as determined by the County Manager on the
       final site development and landscape plan and final engineering plan, in accordance with
       the Rosslyn-Ballston Streetscape Standards or other applicable urban design standards
       approved by the County Board and in effect at the time of the final landscape plan
       approval. The developer further agrees to construct the sidewalk improvements detailed
       below prior to the issuance of the first Certificate of Occupancy for occupancy of the
       applicable phase of the project. The sidewalks along the street frontages of this
       development shall be consistent with the County’s R-B Corridor Streetscape Standards,
       or other applicable standards, and shall be placed on a properly-engineered base
       approved as such by the Division of Transportation. The sidewalk treatments shall
       continue across all driveway aprons for loading and garage entrances along all frontages
       of the site plan, and there shall be no barriers to impede the flow of pedestrian traffic.
       The sidewalks shall contain street trees placed in either tree pits, tree grates or planting
       strips, consistent with the Standards for Planting and Preservation of Trees in Site Plan
       Projects, and as specified below. Placement, planting and root enhancement options
       shall be consistent with the Standards for Planting and Preservation of Trees in Site Plan
       Projects, and as specified below. Street trees shall not be placed within the vision
       obstruction area. All public walkways shall be constructed to County Standard. The
       developer agrees to maintain and replace the street trees and sidewalks for the life of the
       site plan. The sidewalk sections and street tree species shall be as follows:

       Pershing Drive–A minimum 6-foot wide sidewalk, plus a 5-foot planting strip measured

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       from the back of curb, planted with 4 to 4 ½ inch caliper Red Maple street trees and such
       ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or juniperius
       conferta (Shore Juniper), placed approximately 30 feet apart on center and a minimum of
       eight (8) inches back from the back of curb.

       North Henderson Road–A minimum 6-foot wide sidewalk, plus a 5-foot planting strip
       measured from the back of curb, planted with 4 to 4 ½ inch caliper Red Maple street trees
       and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or
       juniperius conferta (Shore Juniper), placed approximately 30 feet apart on center and a
       minimum of eight (8) inches back from the back of curb.

       George Mason Drive–A minimum 8-foot wide sidewalk, plus a 5-foot planting strip
       measured from the back of curb, planted with 4 to 4 ½ inch caliper Red Maple street trees
       and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or
       juniperius conferta (Shore Juniper), placed approximately 30 feet apart on center and a
       minimum of eight (8) inches back from the back of curb.

       3rd Street North Extended–On the east side, a minimum 5-foot wide sidewalk, plus a 4-
       foot planting strip measured from the back of curb, planted with 4 to 4 ½ inch caliper
       Zelcova street trees and such ground cover as liriope muscarii, hypericum, calycinum
       (Aarons Beard), or juniperius conferta (Shore Juniper), placed approximately 30 feet
       apart on center and a minimum of eight (8) inches back from the back of curb. On the
       west side, a minimum 4-foot wide sidewalk, plus a 2-foot wide planting strip measured
       from the back of sidewalk.

       4th Street North Extended–A minimum 6-foot wide sidewalk, plus a 4-foot planting
       strip measured from the back of curb, for the section between North George Mason Drive
       and the townhouse access road, planted with 4 to 4 ½ inch caliper Zelcova street trees
       and such ground cover as liriope muscarii, hypericum, calycinum (Aarons Beard), or
       juniperius conferta (Shore Juniper), placed approximately 30 feet apart on center and a
       minimum of eight (8) inches back from the back of curb, for the portion of the street that
       extends from George Mason Drive to the central park. A minimum 6-foot wide sidewalk,
       plus a 2-foot grass strip measured from the back of curb, for the section between the
       townhouse access road and 3rd Street North, planted with 4 to 4 ½ inch caliper Zelcova
       street trees placed approximately 30 feet apart on center at the back of sidewalk.

       Subsurface Structure-free Zone for Utilities and Streetscape
22.    The developer agrees that in order to accommodate the subsurface requirements of
       utilities and streetscape elements (including street trees), the final design of the project
       shall provide a structure-free zone under the public sidewalk along all street frontages, as
       required in the Standards for Planting and Preservation of Trees in Site Plan Projects,
       with the exception of the southeastern portion of Building B where the garage extends

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       beyond the building to the central park. At that location the structure-free zone may be
       four (4) feet deep and if it is four (4) deep it shall include four (4) feet of soil plus a
       drainage board. This zone shall be a minimum of five (5) feet deep and shall extend from
       the back of the street curb to the far edge of the public sidewalk. No subterranean
       structures (such as parking garages) shall intrude into this five foot deep zone. Within
       the zone, underground utilities and utility vaults shall not be located in a manner that
       interferes with the appropriate spacing and replacement of street trees, consistent with the
       approved final site and development and landscape plan. Utility lines shall not be located
       beneath street trees. The location of all existing and proposed utility lines shall be shown
       on both the final landscape plan and the final site engineering plan.

       Water Service Requirements
23.    The developer agrees that the location of the water services will be determined at the
       time of the review of the final engineering plan in accordance with the following
       standards: water meter installations shall be located behind and adjacent to the curb line
       in an area clear of driveways, a minimum of five (5) feet clear of other utilities and a
       minimum of 10 feet clear of structures; a clear space 15 feet wide by 20 feet long by 10
       feet deep shall be provided for three (3) inch and four (4) inch meter installations, and 20
       feet wide by 25 feet long by 10 feet deep for six (6) inch and larger meter installations;
       and the building walls shall be adjusted as necessary to provide these clearances.

       Sanitary Sewer and Water Main Requirements
24.    The developer agrees that all sanitary sewers and water mains, including water services,
       shall have a minimum of ten (10) feet horizontal clearance from each other and five (5)
       feet clearance from all other utilities, and shall have a minimum of 10 feet horizontal
       clearance from buildings and other structures. Water mains 16 inch and larger, and
       mains placed more than 10 feet deep shall have a minimum of 15 feet horizontal
       clearance from buildings and other structures; and sanitary sewers 15 inches and larger,
       or sewers placed more than 10 feet deep shall have 15 feet minimum clearance from
       buildings and other structures. All water mains and sanitary sewers shall meet County
       Standard design criteria.

       The developer agrees that the minimum clear horizontal separation between each
       individual barrel of the storm sewer and proposed buildings or other permanent structures
       shall be as follows: 10 feet from the center line of storm sewer mains less than 27 inches
       in diameter and 10 feet or less in depth; 15 feet from the center line of storm sewer mains
       less than 27 inches in diameter and greater than 10 feet in depth; 15 feet plus half the
       diameter from the center line of storm sewer mains greater than 27 inches in diameter, at
       any depth.

       Existing Water Main or Fire Hydrant Service



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

       Water Main Improvements
26.    The developer agrees to show, on the final engineering plans, water main improvements
       in accordance with the following. The water main improvements shall be constructed
       prior to the issuance of the Final Building Permit for the respective phases of
       construction.

       The developer agrees to construct approximately 700 feet of 12-inch water main in 3rd
       Street North between North Henderson Road and North Pershing Drive, connecting to
       the existing 8-inch water main in North Henderson Road and the existing 12-inch water
       main in North Pershing Drive.

       The developer agrees to construct approximately 650 feet of 12-inch water main in 4th
       Street North between North George Mason Drive and 3rd Street North, connecting to the
       proposed 12-inch water main in 3rd Street North and the new 8-inch water main in North
       George Mason Drive proposed with the townhouse development on Buckingham Village
       2.

       The developer agrees to construct approximately 470 feet of 12-inch water main in North
       George Mason Drive between 4th Street North and North Pershing Drive, connecting to
       the proposed 12-inch water main in 4th Street North and the existing 12-inch water main
       in North Pershing Drive. The existing 6-inch water main in North George Mason Drive
       shall be abandoned between North Henderson Road and North Pershing Drive with any
       existing services reconnected to the proposed main.

       The developer agrees to construct additional 8-inch water main to provide water services
       for the townhouse lots and/or fire hydrant coverage as determined necessary by Arlington
       County at the time of final site plan submission for the following:
       1) North George Mason Drive between North Henderson Road and 4th Street North, and;
       2) the private street located between the multi-family buildings and the townhouses,
       between North Henderson Road and North Pershing Drive.

       The developer agrees to construct approximately 220 feet of 12-inch water main in North
       Henderson Road, connecting to the new 8-inch water main in North George Mason Drive
       proposed with the townhouse development on Buckingham Village 2, and continuing to
       the private street located between the multi-family buildings and the townhouses.
       Additionally, the developer agrees to abandon approximately 220 feet of existing 8-inch



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       water main being replaced by the new 12-inch water main and to reconnect any existing
       water services from the abandoned line.

       Sanitary Sewer Main Improvements
27.    The developer agrees to show, on the final engineering plans, and to construct sanitary
       sewer main improvements in accordance with the following. The sanitary sewer main
       improvements shall be constructed prior to the issuance of the Final Building Permit.

       The developer agrees to construct appropriate sanitary improvements such that none of
       the sanitary sewer outfall flows to the Upper Doctors Branch sanitary sewer shed but
       rather to the Lower Lubber Run sanitary sewer shed..

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

       Horizontal Standpipe or Fire Hydrant Requirements
28.    The developer agrees to show, on the final engineering plan, horizontal standpipes or fire
       hydrants at intervals of not more than 300 feet in order to provide adequate fire
       protection. The County shall specify kind of service and locations at the time of the final
       site engineering plan approval based on applicable safety standards. The fire hydrants
       shall be installed prior to the issuance of the Final Building Permit, and horizontal
       standpipes shall be installed prior to the issuance of the first Certificate of Occupancy.

       The developer agrees to provide calculations to demonstrate the needed fire flow as
       defined in the Arlington County Department of Environmental Services Construction
       Standards and Specifications Manual. This information shall be clearly shown on the
       cover sheet of each plan set submitted.

       Replacement of Damaged Existing Curb, Gutter and Sidewalk
29.    The developer agrees to remove and replace, according to the Arlington County
       Department of Environmental Services Construction Standards and Specifications
       Manual, any existing curb, gutter and sidewalk along the street frontages of this site
       which is in poor condition or damaged by the developer, prior to the issuance of the first
       Certificate of Occupancy.

       Street Lighting Requirements
30.    The developer agrees to show on the final engineering plans street lighting along all
       frontages of the site prior to the issuance of the Excavation/Sheeting and Shoring Permit.

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        The plans shall include the height and color of the street light poles. The developer
       agrees, at its cost, to purchase and install approved Arlington County street lighting along
       the frontages of the site prior to the issuance of the Shell and Core Certificate of
       Occupancy. In addition, the developer agrees to furnish and install all conduit and
       junction boxes necessary for the lighting system. All construction shall meet Arlington
       County standards.

       The developer agrees to purchase and install Virginia Power "Carlyle" standard street
       lights along all frontages of the site, including the frontages along North Henderson
       Road, Pershing Drive, George Mason Drive, and 3rd and 4th Streets, in accordance with
       adopted County Street Lighting Policy. The height of the street lights shall be 12 feet,
       measured from the sidewalk to the base of the luminaire. The developer agrees to
       remove all standard thoroughfare lights from the site, unless the County decides that one
       or more are required to provide adequate lighting for street safety purposes at
       intersections. . The developer agrees to pay the cost of moving existing or installing
       additional standard thoroughfare lights if required above.

       Underground Existing Aerial Utilities
31.    The developer agrees to remove or place underground all existing aerial utilities within or
       along the periphery of the entire site plan site as shown on the final site development and
       landscape plan and the final engineering plan approved by the County Manager. Any
       utility improvements necessary to provide adequate utility services to this development
       or utility work necessary to provide a terminus to the underground facilities shall be paid
       for by the developer and shall not result in the installation of any additional utility poles,
       or aerial devices. All utility relocation shall be completed prior to the issuance of the
       Shell and Core Certificate of Occupancy.

       Off-street Parking for Construction Workers
32.    The developer agrees to provide off-street parking for all construction workers 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. Compliance with this condition shall be determined based
       on a plan which shall be submitted to the Zoning Administrator, and for which the
       developer has obtained the Zoning Administrator’s approval, before the issuance of the
       Excavation/Sheeting, and Shoring Permit. This plan shall set forth the location of the
       parking to be provided at various stages of construction, how many spaces will be
       provided, how many construction workers will be assigned to the work site, and
       mechanisms which will be used to encourage the use of Metro, carpooling, vanpooling,
       and other similar efforts. The plan shall also provide for a 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. If the plan is found to

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       be either not implemented or violated during the course of construction, a correction
       notice will be forwarded 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.

       Address Indicator Signs
33.    The developer agrees to install address indicator signs on the site which comply with
       Section 27-12 of the Arlington County Code or successor provision in a location visible
       from the street and as shown on the final site development and landscape plan.

       Façade Treatment of Buildings
34.    The developer agrees that the design of the facade treatment for the buildings and the
       materials to be used on the facades shall be as specified and shown on the submitted
       drawings identified in Condition #1 and as presented to the County Board and made a
       part of the public record on the County Board date identified in Condition #1, including
       all renderings, drawings, and presentation boards presented during public hearings,
       except that all elevations of the apartment buildings, including courtyard elevations, shall
       have masonry facades, and all elevations of the townhouse units which are visible from
       public streets shall have masonry facades. The developer agrees that the garage intake
       vents proposed to be located on the rear facades of the apartment buildings shall be
       integrated into the design of the buildings, and the details of the design of the vents shall
       be provided. Furthermore, the developer agrees to provide details of the design of garage
       intake through the garage entrance and loading dock doors through which garage intake
       will be provided. In addition, the design and details of the garage doors on the
       townhouse units, the washer and dryer vents on the facades of the multi-family buildings,
       and the rooftop venting for the multi-family buildings, shall also be provided. The
       treatment of these doors, as well as the garage doors on townhouse units, shall be
       provided. The developer agrees to submit colored drawings and renderings which label
       the materials and colors for each elevation of the building, including interior elevations
       (e.g. elevations adjacent to interior courtyards, plazas and access drives) and roof
       treatments (e.g. location and screening of roof-top heating, ventilation and air
       conditioning units), and material samples, for review by the County Manager for
       consistency with this site plan approval prior to the issuance of the Footing to Grade
       Permit. The developer further agrees to obtain the approval of the County Manager of
       the façade treatment as being consistent with the County Board approval, and meeting the
       additional design standards identified above, before the issuance of the Final Building
       Permit.

       The developer agrees that all retail storefronts along public rights-of-way are required to
       have an overall minimum transparency of 50% as measured from floor to ceiling. In
       addition, the portion of the retail storefronts that is located between three and eight feet
       from grade is required to be at least 80% transparent. The purpose of this condition is to

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       allow pedestrians to view the activity within the retail establishment and to allow patrons
       and employees of the retail establishments to view the activity on the sidewalk and street.
        “Transparency” shall mean using glass or other transparent exterior material offering a
       view into an area of the retail establishment where human activity normally occurs and
       shall not be satisfied by views into areas blocked by display cases, the rear of shelving,
       interior walls, blinds, hallways, or the like. Provided that the exterior material is glass or
       other transparent material, a tenant may apply to the County Board for a site plan
       amendment to grant an exception to this condition for a specified duration.

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

•      The following conditions of site plan approval (#36 through #44) are valid for the
       life of the site plan and must be met by the developer before issuance of the Footing
       to Grade Structure Permit.

       Plat of Excavated Area
36.    The developer agrees to submit one (1) plat, drawn at the scale of 1 inch = 25 feet and 24
       inches x 36 inches in size, of the excavated area showing spot elevations which confirm
       that the construction drawings are consistent with the average site elevation, and with the
       building’s ground floor elevation(s) at the building’s lowest level(s), as approved by the
       County Board and as indicated in the plans referenced in Conditions #1 and #10 above.

       Public Improvements Bond
37.    Upon approval of the final site engineering plan the developer agrees to submit a
       performance bond estimate for the construction or installation of all facilities (to include
       street trees and all landscape materials) within the public rights-of-way or easements to
       the Division of Transportation for review and approval. Upon approval of the
       performance bond estimate by the Division of Transportation, the developer agrees to
       submit to the Division of Transportation a performance bond, in the approved amount of
       the estimate, and an agreement for the construction or installation of all these facilities (to
       include street trees and all landscape materials) within the public rights-of-way or

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       easements, which shall be executed by the developer in favor of the County before the
       issuance of the Final Building Permit.

       Prior to the release of the public improvement bond, the developer agrees to submit as-
       built drawings showing the location and facilities for all underground utilities (water,
       sanitary sewer, and storm sewer) that will be maintained by Arlington County.

       Underground Electrical Transformers
38.    Intentionally Omitted The developer agrees that all new electrical transformers shall be
       placed underground in vaults which meet Virginia Power standards. These vaults may be
       placed in the street right-of-way or in driveways if approved by the County on the final
       site engineering plan. Ventilation grates may not be located within public sidewalks or
       streets, or within areas used as a walkway between the street curb and any building. The
       locations of the vaults shall be coordinated with other utility locations so as to have a
       minimum clearance of five (5) feet to conduits and manholes and a minimum clearance
       of 10 feet to water mains and sanitary sewers unless otherwise approved by the owner of
       that utility. The developer shall obtain approval from the County Manager on the
       location of all vault ventilation grates and utilities as part of the review of the final site
       engineering plan and the final site development and landscape plan before the issuance of
       the Footing to Grade Structure Permit.

       Interior Trash Collection and Recycling Areas
39.    The developer agrees that interior space shall be provided and used for the collection,
       storage, compaction, and removal of trash, as well as appropriate facilities for the
       recycling of reusable materials as defined by the County. The collection, storage,
       compaction, and removal of trash shall not occur outside the interior loading space. This
       space may not conflict with the use of a loading berth. The developer agrees to obtain
       approval from the Zoning Administrator of drawings showing compliance with this
       condition before the issuance of the Footing to Grade Structure Permit.

       Interior Loading Spaces
40.    The developer agrees that all loading spaces shall be in the interior of the building and
       shall also comply with the following requirements: minimum 12-foot clear width
       ([including entrances), 30 foot-length and 14-foot height clearance. Any loading dock to
       be used for trash removal shall have a minimum interior height clearance of 1814 feet.
       All loading docks shall contain roll-down doors. Use of the loading dock for deliveries
       or trash pick-ups, excluding moving vans, shall be limited to the hours from 8:00 a.m. to
       6:00 p.m., seven (7) days a week. The loading dock door shall also be closed when the
       loading dock is in use, except when necessary for entry or exit of vehicles, venting of
       vehicle exhaust, or when required for similar operational or safety measures.

       Parking Garage Van Access

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41.    The developer agrees that new parking garages shall be designed to allow access and use
       by vans consistent with the Virginia Building Code, and . At least 1% of the total new
       parking supply shall be accessible to vans, shall be conveniently located on the level of
       the garage closest to street level, and shall have a minimum clearance of 98 inches. All
       other areas of the garage shall have a minimum clearance of 84 inches. Compliance with
       this condition shall be determined by review of the building plans by the Zoning
       Administrator before the issuance of the Footing to Grade Structure Permit, which review
       shall not relieve the developer from constructing in accordance with this condition.

       Parking Space Compliance with Zoning Ordinance
42.    The developer agrees to ensure that all parking spaces comply with the requirements of
       Section 33 of the Zoning Ordinance. Unless otherwise approved by the County Board,
       the number of compact spaces may not exceed the Zoning Ordinance requirement. The
       developer shall submit drawings showing that these requirements are met, and shall
       obtain approval by the Zoning Administrator before the issuance of the Footing to Grade
       Structure Permit.

       Bicycle Storage Facilities
43.    The developer agrees to provide, at no charge to the user, secure bicycle storage facilities
       in locations convenient to office, residential and retail areas on the following basis at a
       minimum:

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

       One (1) resident bicycle parking space for every three (3) residential units, or portion
       thereof, of residential units and one (1) visitor space for every 5020 residential units, or
       portion thereof, of residential units.

       Employee and resident bicycle parking facilities shall be highly visible to the intended
       users and protected from rain and snow within a structure shown on the site plan. The
       facilities shall not encroach on any area in the public right-of-way intended for use by
       pedestrians or any required fire egress. The facilities for office users and resident bicycle
       parking must meet the acceptable standards for Class I storage space as contained in the
       Arlington Bicycle Transportation Plan, dated April 1994 with Amendments through
       March 2003, and be highly visible from an elevator entrance, a full-time parking
       attendant, a full-time security guard or a visitor/customer entrance. Visitor parking must
       be located at grade and within 50 feet of the primary and other building entrances. Any
       bicycle parking racks used on the site must conform to the Arlington County Standard or
       be approved by the Bicycle and Pedestrian Program Manager. Drawings showing that

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       these requirements have been met shall be approved by the Zoning Administrator before
       the issuance of the Footing to Grade Structure Permit. Residential condominium
       covenants shall not prohibit the storage of bicycles in individual condominium units.

       In addition, the developer agrees that for every 50,000 square feet or fraction thereof of
       office Gross Floor Area (GFA), one (1) shower per gender shall be installed, up to a
       maximum of three (3) showers per gender. Also, a minimum of one (1) clothes storage
       locker per gender shall be installed for every required employee bicycle parking space.
       The lockers shall be installed adjacent to the showers in a safe and secured area and both
       showers and lockers shall be accessible to all tenants of the building. The location,
       layout and security of the showers and lockers shall be reviewed by the Arlington County
       Police Department before issuance of the Footing to Grade Structure Permit. The
       developer agrees that an exercise/health facility containing a maximum of 1,000 square
       feet shall not count as density (FAR) but shall count as GFA if this facility meets all of
       the following criteria: 1). The facility shall be located in the interior of the building and
       shall not add to the bulk or height of the project; 2). Showers and clothes lockers shall be
       provided as required above; 3). The lockers shall be installed adjacent to the showers in
       a safe and secured area within the exercise facility and both showers and lockers shall be
       accessible to all tenants of the project; 4). The exercise facility shall be open only to
       tenants of the project and shall not accept or solicit memberships from outside of the
       project. The exercise facility, including the showers and lockers, shall be open during
       normal working hours.

       Retail Bicycle Storage Facilities:
       Two (2) retail visitor/customer bicycle parking spaces for every 10,000 square feet, or
       portion thereof, of the first 50,000 square feet of retail floor area; one (1) additional retail
       visitor/customer space for every 12,500 square feet, or portion thereof, of additional retail
       floor area; and one (1) additional retail employee space for every 25,000 square feet, or
       portion thereof, of retail floor area. The retail visitor/customer bicycle spaces shall be
       installed at exterior locations that are convenient to the retail visitors/customers, and such
       locations shall be reviewed by the Division of Transportation. The developer agrees to
       obtain approval of the location, design and details of the retail visitor/customer bicycle
       spaces as part of the final site development and landscape plan. Facilities for retail
       visitors/customers must meet the County standards for bicycle racks, and be located close
       to retail visitor/customer entrances or the closest retail vehicle parking spaces.

       Emergency Vehicle Access/support on Parking and Plaza Areas
44.    The developer agrees to construct all plaza areas used for vehicular access and all surface
       parking areas to support the live load of any fire apparatus. Architecturally designed
       bollards or curbs shall be used on pedestrian plazas to separate the areas intended for
       emergency vehicle use from areas intended for pedestrian use. No above-grade structure



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       shall be allowed to obstruct fire lanes. The requirements of this condition shall be
       incorporated in the drawings submitted for the Footing to Grade Structure Permit.

•      The following conditions of site plan approval (#45 through #49) are valid for the
       life of the site plan and must be met by the developer before the issuance of the
       Final Building Permit.

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

       Screening of Mechanical Equipment
46.    Mechanical equipment shall be screened so as not to be visible from public rights-of-
       way.

       Use of Penthouse
47.    The use of any penthouse shall be limited to mechanical equipment and equipment
       maintenance space or telecommunication transmitter and/or receiver equipment as
       required in Condition #58 below.

       Review by Crime Prevention Through Environmental Design (CPTED) Practitioner
48.    The developer agrees to submit to the Zoning Administrator and the Operations Division
       of the Arlington County Police Department documentation that a Crime Prevention
       Through Environmental Design (CPTED) practitioner referred by the Police Department
       has reviewed the site plan for meeting CPTED design requirements.

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

•      The following conditions of site plan approval (#50 through #55) are valid for the
       life of the site plan and must be met by the developer before the issuance of the First
       Certificate of Occupancy.

       Comprehensive Sign Plan
50.    The developer agrees to develop and submit a comprehensive sign plan and that all
       exterior signs (including identification and directional signage) shall be consistent with
       the guidelines contained in "Sign Guidelines for Site Plan Buildings” and with Section 34
       of the Zoning Ordinance. The Zoning Administrator shall determine whether the signs

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       meet the standards of the guidelines and the Ordinance. No sign permits will be issued
       until a comprehensive sign plan is approved. The developer agrees to obtain approval
       from the Zoning Administrator of the comprehensive sign plan before the issuance of the
       first Certificate of Occupancy. All proposed rooftop signs, defined as all signs that are
       35 feet or more above the ground, shall require a site plan approval or amendment.

       Transportation Management Plan
51.    The developer agrees to develop and implement a Transportation Management Plan
       (TMP) in order to achieve the desired results of the Arlington County Transportation
       Demand Management (TDM) program. The developer agrees to obtain the approval of
       the County Manager or his designee for such plan before the issuance of the first
       Certificate of Occupancy for each respective building.

       Annual assessments rates will be adjusted for inflation by the U.S. Department of Labor,
       Bureau of Labor Statistics Consumer Price Index (CPI) Inflation Calculator from the date
       of site plan approval.

       The Transportation Management Plan shall include a schedule and details of
       implementation and continued operation of the elements in the plan. The Transportation
       Management Plan shall include, but not be limited to, the following strategies:

       Participation and Funding
       a.     Maintain an active, on going relationship with Arlington Transportation Partners
              (ATP), or successor entity, at no cost to the developer, on behalf of the property
              management company.

       b.     Designate a member of building management for each of the multi-family
              buildings on Buckingham Village 1 as Property Transportation Coordinator
              (PTC) to be a primary point of contact with the county and undertake the
              responsibility for coordinating and completing all TMP obligations. The applicant
              will provide, and keep current, the name and contact information of the PTC to
              the Commuter Assistance Program. The Property Transportation Coordinator
              shall be appropriately trained to provide rideshare, transit, and other information
              provided by Arlington County intended to assist with transportation to and from
              the site.

       c.     In addition to supporting the ongoing activities of the Property Transportation
              Coordinator and other commitments of this TMP, contribute $3,000 per year for a
              period of ten (10) years to the Arlington County Commuter Services (ACCS) for
              each of the two (2) multi-family residential buildings on Buckingham Village 1,
              to sustain direct and indirect on-site and off-site services in support of TMP
              activities. Payment on this commitment will begin as a condition of issuance of

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              the first Certificate of Occupancy for the first finished dwelling unit in each of the
              completed buildings. Subsequent payments will be made each year on the
              anniversary of the issuance of the first certificate of occupancy.

       Facilities and Improvements
       d.      Provide at the developer’s expense, a Transportation Information Center Display
               (kiosk) in the residential building lobby of each of the multi-family buildings on
               Buckingham Village 1 the content/design/location of which shall be reasonably
               accessible in the main lobby/leasing area of the first floor of the building, which
               shall be approved by ACCS / ATP, to provide transportation-related information
               to residents and visitors.

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

       f.    The developer agrees to provide Arlington County with four (4) easements for
             placement of bus stops or bus shelters. The developer agrees to provide two (2) on
             Buckingham Village 1. The remaining two (2) easements shall be provided at
             locations identified by Arlington County, Department of Environmental Services,
             Transportation Division on Buckingham Village 3.

       g.    Maintain at least two (2) on-site business centers, one in each of the multi-family
             buildings (each business center will include, at a minimum, access to copier, fax,
             pc, and internet services in a minimum 56 sq. ft. of space), which shall be made
             available to residents of the buildings and townhouses.

       h.    Comply with requirements of Site Plan conditions to provide bicycle
             parking/storage facilities, and construction worker parking.

       i.    Provide a one time contribution of $30,000 for bus shelter improvements on
             Buckingham Village 1, 2 or 3; in its place the developer may construct at the
             developer’s expense, three (3) bus shelters at locations and with designs approved
             by Arlington County, Department of Environmental Services, Transportation
             Division. For each shelter constructed by the developer, and dedicated to the
             County, $10,000 will be credited toward the one time contribution of $30,000. The
             developer will be required to construct the three (3) bus shelters, or make the
             $30,000 contribution or its equivalent, prior to the issuance of the first Certificate
             of Occupancy of the second and final multi-family building constructed on
             Buckingham Village 1.

       Parking Management Plan
       j.    Subject to the approval by the County Manager or his designee, the developer
             shall prepare and implement a parking management plan regarding: taxi
             passenger loading and unloading; accessible paratransit pick-up, drop-off,

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              handicapped access, and passenger waiting area; loading zones for short-term
              deliveries; bus stops; and on-and off-street parking for residents, employees, and
              visitors. Such plan shall include a schematic drawing depicting an area parking
              plan for all block faces abutting the site. Additionally, this plan will note
              restrictions as to times that various activities (such as deliveries and parking) are
              permitted in the respective spaces.

       k.     Four car sharing vehicles will be located on the adjacent streets, location to be
              determined by Arlington County.

       l.     Provide effective directional signage subject to approval of a Comprehensive Sign
              Plan to direct residents and visitors to appropriate locations on the property, such
              plan to include provision for the items specified in the Parking Management Plan.

       m.     No commercial on-street loading will be permitted between the hours of 7 and 9
              a.m. or between 4 and 6 p.m.

       Promotions, Services, Policies
       n.   Provide website hotlinks to CommuterPage.comTM under a “transportation
            information” heading from the developer and property manager’s websites
            regarding this development.

       o.     Distribute a new-resident package, material provided by Arlington County, which
              includes site-specific ridesharing and transit-related information to each lessee
              and/or condominium purchasers. Packages will be distributed to tenants no later
              than the day of move-in at the building.

       p.     Reference to the Ballston Metro Station and bus routes in promotional materials
              and advertisements.

       q.     Cooperate with Arlington County to assist the County in implementing a transit-
              advertising program that will distribute information four times per year to all
              residents, tenants, employees, and visitors.

       r.     Participate in Ozone Action Days and other regionally sponsored clean air, transit,
              and traffic mitigation promotions by posting notice of such promotions in
              locations within the building(s).

       Performance and Monitoring
       s.    Upon approval of the TMP by the County, the developer agrees to implement all
             elements of the plan with assistance when appropriate by agencies of the County.



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       t.     During the first year of start up of the TMP and on an annual basis thereafter, the
              Applicant will submit an annual letter to the County Manager, describing
              completely and correctly, the TDM related activities of the site.

       Residential Parking and Parking Management Plan
52.    The intent of this condition is to ensure that at least one parking space is available in
       perpetuity for parking use by each residential unit in the project, unless the shared
       parking program outlined below is implemented. Accordingly, the developer agrees to
       offer the use, for rental units, and the purchase or use for condominium units, of at least
       one parking space for each dwelling unit, unless the shared parking program outlined
       below is implemented.

       Further, for condominium units, the developer agrees to notify the Zoning Administrator
       at the time of the settlement of the last dwelling unit. If excess parking spaces are
       available at the time of settlement of the last dwelling unit, the number of excess parking
       spaces equaling the number of dwelling units which were sold without a parking space,
       shall first be offered exclusively for a period of twelve (12) months to the owners of
       those dwelling units which were sold without a parking space. Any other remaining
       spaces shall be offered to all dwelling unit owners or transferred to the condominium,
       cooperative or homeowners association. By the end of twenty four (24) months
       following the settlement of the last dwelling unit, the developer agrees to relinquish in
       writing to the condominium, cooperative or homeowners association any and all
       remaining interest in the parking spaces or garage and a copy shall be filed with the
       Zoning Administrator. The future purchase of any parking spaces shall be limited to the
       dwelling unit owners or condominium, cooperative or homeowners association of the
       building.

       For both rental and condominium buildings, the use of the parking spaces shall be limited
       to parking use by the residents of the building and their guests, unless otherwise
       permitted by the Zoning Ordinance, and shall not be converted to storage or other use
       without approval of a site plan amendment.

       The developer agrees to submit to the Zoning Administrator a parking management plan
       which outlines how guest and visitor parking for the residential building, and parking for
       retail tenants’ employees and customers for retail located in the residential buildings, will
       be provided, where the parking will be located and how guests and visitors, and retail
       employees and customers, will be directed to the parking spaces. The developer further
       agrees to make a minimum of ______ residential visitor parking spaces, and __ retail
       tenant parking spaces, available within the residential garage. The parking management
       plan shall be submitted to the Zoning Administrator, and reviewed and approved by the
       County Manager, prior to the issuance of the first Certificate of Occupancy for the first
       residential building.


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      In Building B (the market rate building), the developer agrees to construct the approved
      number of parking spaces consistent with the site plan in its underground parking garage.
      The developer will offer one (1) parking space to each household/apartment. If a parking
      space is requested, the landlord will require that the household enter into a parking lease
      and pay market rent for the use of the space. If a household does not request a parking
      space and therefore does not enter into a parking lease, that household will not be charged
      any parking rent.

      In Building A (the mixed income building), the developer agrees to construct the
      approved number of parking spaces consistent with the site plan in its underground
      parking garage. Subject to the specific requirements and rules of VHDA, residential
      households governed by the Section 42 Program (Building A the mixed income building)
      will be entitled to one (1) parking space at no charge if they have a vehicle; each of the
      other remaining households in Building A will be able to lease one (1) parking space at
      market rents upon entering a parking lease.

       Lighting Plan for Public Areas
53.    The developer agrees to include a lighting plan for all internal and external public areas,
       including parking areas, as part of the final site development and landscape plan. This
       lighting plan shall be subject to review by the County Manager, including street lighting
       as described in Condition #30 above. The developer shall include in the site
       development and landscape plan certification that the lighting plan meets the minimum
       standards of the Zoning Ordinance, Section 2, Subsection H, and the Illumination
       Engineering Society of North America Standards. The developer agrees to obtain the
       approval of all lighting from the County Manager, and to install approved lighting, before
       the issuance of the First Certificate of Occupancy for occupancy of the applicable phase
       of the project.

       Documentation of Historical Artifacts, Features and Buildings
54.    The developer agrees to be responsible for documenting any historical artifact or
       historical natural feature uncovered during construction on the site in conjunction with
       Historic Preservation Program staff. This documentation shall include written notation
       describing the artifact or natural feature, color photographs, and mapping of the location
       and/or depth of the site excavation at which the item was found. The developer agrees to
       submit a copy of this documentation to Arlington County Historic Preservation Program
       staff before issuance of the First Certificate of Occupancy.

       In the event that Historic Preservation Program staff in conjunction with the developer
       determine that an historical artifact or natural feature is found on the site, and is to be
       disturbed or removed from the site during construction, the developer agrees to contact
       the Arlington County Historic Preservation Program, Neighborhood Services Division

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       before removing or disturbing to determine whether removal or disturbance of the artifact
       or natural feature is warranted, and if so, what mitigation measures should be undertaken.
       Arlington County shall be given the opportunity to accept donation of the artifact or
       natural feature before the item is offered to any other organization or individual.

       If in conjunction with Historic Preservation Program staff it is determined that historic
       buildings are located on the site, then photographic documentation shall be consistent
       with Historic American Building Survey (HABS) standards. Should the project be
       assessed as a possible archaeological site by Historic Preservation Program staff, then the
       developer agrees to pursue, at a minimum, a level one and two Phase I and Phase II
       archaeological studiesy. The developer agrees to submit to the Arlington County
       Historic Preservation Program all written results of the level one and two Phase I and
       Phase II archaeological studiesy and all artifacts found on the site.

       Availability of Site Plan Conditions to Residential Condos, Cooperatives and
       Homeowners Associations
55.    If the project includes a residential condominium or cooperative component, then the
       developer agrees that a copy of the conditions of this site plan approval shall be made
       available to all prospective purchasers with the condominium's, cooperative's or
       homeowners association's bylaws or agreements. Documentation that this condition has
       been satisfied shall be provided to the County Manager before the issuance of the First
       Certificate of Occupancy. If the project includes a residential rental component that is
       converted to a condominium or a cooperative, then the developer agrees that a copy of
       the conditions of this site plan approval shall be made available to all prospective
       purchasers with the condominium’s, cooperative’s, or homeowners’ association’s bylaws
       or agreements prior to the issuance of the first Certificate of Occupancy following the
       conversion.

•      The following condition of site plan approval (#56) is valid for the life of the site
       plan and must be met by the developer before the issuance of the Master Certificate
       of Occupancy.

       Building Height Certification
56.    The developer agrees to submit, before the issuance of the Master Certificate of
       Occupancy, drawings certifying the building height as measured from the average site
       elevation to both the building roof and to the top of the penthouse roof.

•      The following condition of site plan approval (#57) is valid for the life of the site
       plan and must be met by the developer within 90 days of receipt of the partial
       Certificate of Occupancy for full occupancy of the building.

       Obtain Master Certificate of Occupancy

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57.    The developer agrees to obtain a Master Certificate of Occupancy within six (6) months
       90 days of receipt of the last Certificate of Occupancy for that permits full occupancy of
       the residential building or townhouse units, whichever is later. The developer may
       request in writing to extend the timeframe for obtaining the Master Certificate of
       Occupancy. The request shall outline the reasons for the extension and shall be
       submitted to the County Manager or his designee for review and approval one (1) month
       prior to the end of the six-month time frame. The County Manager may approve such
       extension if he finds that the developer is diligently continuing completion of the project.

•      Post Certificate of Occupancy: the following Conditions of site plan approval (#58
       through #63) are valid for the life of the site plan.

       County Installation of Telecommunications Transmitter and/or Receiver
       Equipment
58.    In order to maintain the effectiveness of the County's public safety systems, the
       developer/applicant hereby agrees to grant to the County in perpetuity the right to install
       telecommunications transmitter and/or receiver equipment and conducting wire in or on
       the penthouse or top floor, and antennae and traffic monitoring systems on the roof of the
       proposed buildings in a location and design that is acceptable to the County and the
       building owner based on a reasonable exercise of judgment by both upon request by the
       County. The developer agrees to provide, upon request by the County, access to
       electrical service separately metered, including auxiliary electrical power, and telephone
       radio control lines to the penthouse in the defined area. Any radio transmitter or receiver
       equipment and antenna to be installed or used by others must not interfere with the
       emergency communication system of the County.

       Structural Additions
59.    The developer agrees that any structural addition or changes to the facades or materials
       shall be subject to the approval of the County Manager. If the County Manager, in
       consultation with the Zoning Administrator determines that any proposed improvements
       or changes to the facades or materials have a significant impact on the site plan, or
       otherwise meet Zoning Ordinance requirements for site plan amendments that go to the
       County Board, a site plan amendment shall be required.

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

       Maintenance of Residential Common Areas



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

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

       Retention of Approved Density over Subdivided Site
63.    The density allocated for any new construction pursuant to the site plan on any
       subdivided parcel of the site shall be the same as the approved density for the entire site.
       No additional density shall be allowed on any individual parcel formed by subdivision of
       the site.

•      The following unique site specific conditions (#64 through #78) are valid for the life
       of the site plan and must be met before the issuance of the permit specified in each
       Condition.

       Public art site plan condition – standard language for Public Art Fund Contribution
64.    The developer agrees to make a contribution to the Public Art Fund in the amount of
       $75,000 to support County public art initiatives described in the Public Art Master Plan
       (adopted December 2004) and the goals of the Public Art Policy (adopted September
       2000). Such contribution shall be made to the Public Art Fund prior to issuance of the
       first above grade building permit. If the contribution is made more than 12 months after
       site plan approval, the contribution amount will be adjusted by the percentage change in
       the Consumer Price Index (CPI-U) between the date of site plan approval and the first
       day of the month on which the contribution is made.

       Affordable Housing Program
65.    A.      Village 1 Affordable Housing Program – 100 tax credit units: The applicant
       agrees to provide 100 tax credit units affordable to households at or less than 60% of the
       Area Median Income (AMI), conditioned upon County and other funding necessary to
       provide the units at affordable rents. Prior to the issuance of the above grade building
       permit for any activity on the Village 1 site, the applicant agrees to execute documents
       requested by the County to evidence agreement to an approved final Affordable Housing
       Plan, including, but not necessarily limited to the following conditions:




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             1. Affordable Rents: The applicant agrees to provide one-hundred (100) units that
                shall have rent levels affordable to households at or below 60% of area median
                income (AMI). The applicant agrees to lease the affordable units to households
                whose incomes do not exceed these affordability levels. The applicant agrees that
                the affordable rents shall be set based on VHDA/Low Income Housing Tax Credit
                rent limits for Arlington County (including a deduction for utilities).

             2. Rent Increases: The applicant agrees that rent increases for the 100 tax credit
                units shall not exceed the 60% rents as permitted under the VHDA/Low Income
                Housing Tax Credit program. The applicant agrees that rents shall be adjusted no
                more frequently than annually, per the lease agreement, and that rent increases for
                tenants continuing in occupancy shall be based on area median income increases
                as published annually by HUD.

             3. Compliance Period: The applicant agrees that the affordable housing plan shall
                require units to remain affordable for a term of 50 years from the placed in service
                date as indicated in VHDA Form 8609.

             4. Accessible Units: The applicant agrees to provide, subject to the priority list
                favoring vested Buckingham residents with physical disabilities, 5 affordable
                units as accessible to persons with physical disabilities as described in American
                National Standards Institute (ANSI) A117.1 Standards and Type A units in
                Chapter 11 of the building code in compliance with the International Construction
                Code (ICC) 1107.5.4. The applicant agrees to market these units to households in
                need of such units as part of the applicant’s Affirmative Marketing Plan.

             5. Supportive Housing Units: The applicant agrees to provide, subject to the
                priority list favoring vested Buckingham residents, a minimum of 8 units at 60%
                of the AMI to the County’s Department of Human Services (DHS)’s clients. The
                provision of these units shall occur through one of two mechanisms: the applicant
                or its affiliate shall utilize federal Housing Choice Project-based Vouchers or
                utilize DHS’ Project-based Supportive Housing Rental Assistance Program to
                subsidize the rents of DHS clients for a term of 30 years. This condition is
                subject to the availability of such vouchers or sufficient appropriated rental
                assistance funds.

             6. County/Developer Agreement/Affirmative Marketing Plan/Marketing
                Period: The applicant agrees to execute an Affordable Housing Agreement with
                the County. The agreement shall include an Affirmative Marketing Plan in
                substantially that form as required by the U.S. Department of Housing and Urban
                Development (HUD) and including, at a minimum, the elements specified in the
                Developer’s final Affordable Housing Plan and Affirmative Marketing Plan. The

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              Affirmative Marketing Plan shall be in a form and substance acceptable to the
              County Manager, with the concurrence of the County Attorney, according to the
              County’s criteria for such marketing plans. The developer agrees that the
              proposed marketing plan shall call for the initial advertising and marketing of the
              affordable units for a period of at least 45 days before projected occupancy.

       B.      60 Non-tax credit units: The applicant agrees to offer 60 non-tax credit units
       affordable to households between 60% and 80% of the AMI. This program shall be
       subject to future appropriations from the County to provide the necessary rent assistance
       or capital subsidy required to reduce the rents from the prevailing market rent levels to
       the low or moderate-income targeted rents. The applicant will work with the Housing
       Commission or County Manager appointed group, and staff, to finalize the details of this
       program subject to approval by the County Board and County Manager.

          1. Affordable Units and Rents: The applicant agrees to offer 60 units targeted to
             households between 60% and 80% of the AMI. The applicant agrees to offer the
             units at one of two locations in the Buckingham community:

                        Buckingham Villages 1; Building A (234 unit/mixed income building);
                        Ballston Park at Historic Buckingham Village.

             The applicant will agree to charge such rents and limit occupancy to such
             households as directed by the County, provided a source for funding the difference
             between the rent levels paid by the resident and market rents is established by the
             County.

          2. Rent Increases: The applicant agrees that rent increases to the occupants will be
             set and escalated only as directed by the County in the final definition of the
             affordable housing program. Market rents will be escalated no more often than
             once annually and will be set at levels consistent with other similar market units at
             that property.

          3. Compliance Period: The applicant agrees to offer the 60 non-tax credit units for
             a term of 30 years from the date of initial occupancy if the units are located within
             Building A of Village 1 and provided they are continuously funded during that
             time period. Efforts will be made to establish a contract period on units offered at
             Ballston Park at Historic Buckingham. The applicant and the County agree that
             since individual residents will have leases of up to 12 months, that if at any point
             the funding of the 60 non-tax credit units does not extend through the term of all
             leases secured under the affordable housing program agreement, then the applicant
             will begin to adjust the unit rents to market upon their lease expirations and the
             program will end.

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       Phasing Plan
66.    The developer agrees to obtain approval of the County Manager of a phasing plan prior
       to the issuance of any building permits for the site plan, and to implement the approved
       plan. During the phasing of construction on Village 1, the developer further agrees to
       appropriately maintain the site and any buildings located within it in a well-maintained
       condition. This shall include, but not be limited to, maintaining the residential units on
       Villages 1 and 3 that continue to be occupied by tenants during phasing of construction
       on Village 1, maintaining landscaping, keeping the grass mowed, and removing litter and
       debris from the site. Until the buildings are demolished, the developer agrees to maintain
       access on the site for fire emergency vehicles. Improvements required by these site plan
       conditions shall be constructed in phases, consistent with the phasing plan for
       construction of the project. Any changes in the project phasing shall require a new
       phasing plan approved by the County Manager prior to the issuance of any permits.

       Enclosure of Balconies
67.    The developer agrees that no balconies, other than those identified in the approved site
       plan, shall be enclosed. Enclosure of any additional balconies shall constitute additional
       gross floor area and shall require a site plan amendment.

       LEED Credits and Sustainable Design Elements
68.    The developer agrees to hire a LEED certified consultant as a member of the design and
       construction team. The consultant shall work with the team to incorporate sustainable
       design elements and innovative technologies into the project so that numerous building
       components may earn the developer points under the U.S. Green Building Council’s
       system for LEED certification. Specifically, the developer agrees to include sustainable
       elements in design and construction that are sufficient to meet the requirements for seven
       (7) LEED Prerequisites and include at least 20 LEED credits. The developer agrees to
       use commercially reasonable efforts to achieve additional LEED credits which would
       qualify the building for certified levels points.

       For residential development, the developer agrees that all of the following types of
       appliances, fixtures, and/or building components used in the project shall have earned the
       U.S. EPA’s Energy Star label: clothes washers, dishwashers, refrigerators, ceiling fans,
       ventilation fans (including kitchen and bathroom fans), light fixtures (halls and common
       areas), and exit signs. To further enhance energy efficiency, the developer shall choose
       two of the types of components listed and all of those two types of components installed
       or used in the project shall be Energy Star qualified: programmable thermostats (in
       residential units); residential light fixtures; windows and doors; and HVAC systems. The
       developer shall submit to the County Manager a statement listing all Energy Star
       qualified components prior to issuance of the Core and Shell Certificate of Occupancy.



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       The developer further agrees to submit, to the Department of Environmental Services
       (DES) and to the Zoning Office, a report prepared by the LEED consultant and
       documentation upon request to substantiate the report. Such reports will be submitted
       prior to issuance of the following permits or certificates of occupancy for construction of
       the project and will summarize the efforts to date of the inclusion of the sustainable
       elements within the project:

       •     Demolition Permit
       •     Excavation, Sheeting and Shoring Permit
       •     Footing to Grade Permit
       •     First Above Grade Building Permit
       •     Final Building Permit
       •     Shell and Core Certificate of Occupancy
       •     Certificate of Occupancy for occupancy of the last floor of space
       •     Master Certificate of Occupancy

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

       Refuse Delivery to County Disposal Facility
69.    The developer agrees to deliver all refuse, as defined by the Arlington County Code, to
       an operating refuse disposal facility designated by the County Manager. The developer
       further agrees to stipulate in any future lease or property sale agreements and deeds that
       all tenants or property owners shall also comply with this requirement for the life of the
       site plan.

       Towing of Impermissibly Parked Vehicles
70.    The developer agrees to have, as a part of its parking management plan, provisions
       relating to the towing of impermissibly parked vehicles. Such provisions shall include,
       but not be limited to:

       a.       Requirements for signage at the developer’s parking lot(s) providing notice of all
                applicable parking restrictions enforced by towing, the location of the towing
                contractor(s)’ impoundment yard, and the name and telephone number of the
                developer’s on-site representative responsible for towing-related complaints, as
                well as the telephone number of the Arlington County Office of Citizen and
                Consumer Affairs;

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

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       c.     Evidence that the developer has a contract with the towing contractor that requires
              the towing contractor to clearly display all fees and charges for towing.

       Speed Bumps at Garage Exit Ramps
71.    The developer agrees to install speed bumps adjacent to the top of garage exit ramps at
       locations where ramps abut the pedestrian sidewalk, in order to slow vehicular traffic
       prior to vehicles crossing the sidewalk. The locations of the speed bumps shall be shown
       on the site engineering and building plans approved by the County Manager. The garage
       doors shall be setback from the sidewalk a minimum distance of six (6) inches.

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

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

       ADA Power Door Openers
74.    In addition to the regulations and requirements established with ADA Federal law, the
       developer agrees to install an electric eye or a power door opener for the main pedestrian
       residential entrances (located adjacent to 4th Street) to the apartment buildings. In
       addition, at the secure interior doors, the developer agrees that call boxes, if used, shall
       be mounted and measured at the lowest given height under the ADA with hands-free
       remote capability. The entrances to the lobbies of the residential elevators from the
       parking garages (if there are lobbies) will have automatic door openers.

       Salvage and Recycling of Building Materials
75.    The developer agrees to develop and implement a plan for the salvage and recycling of
       building elements and materials from the existing building(s) proposed to be demolished.
       The developer agrees to contact and permit the staff of the Historic Preservation Program
       to inspect the property and the existing building(s) to identify those historic building
       elements and materials to be salvaged. Provisions for such salvage shall be incorporated
       into the plan. The developer agrees to pay for such salvage using a recycling firm or
       other licensed contractor. The developer agrees to obtain the County Manager’s

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       approval of the plan prior to the issuance of a Clearing, Grading and Demolition Permit
       for the existing building.

       Purchase Agreement for Streets and Park Land in Village 1
76.    The County Board and Developer have entered into that certain Purchase Agreement,
       approved and executed contemporaneously herewith by the County Board (the “Park and
       Streets Contract”) for the sale of certain areas of land to the County. The County Board
       and Developer agree to be bound by the Park and Streets Contract and to pay all sums of
       money and close pursuant to the terms set forth therein.

       Public Park Improvements
77.    Pursuant to the Park and Streets Contract referenced above in Condition #76, the
       developer agrees to work with the County to design and improve the park with elements
       agreed to between the developer and County, and to maintain the park and its elements in
       perpetuity for the life of the site plan. The work will be competitively bid by the
       developer and subject to approval and funding by the County. The County reserves the
       right to construct said improvements if the price provided by the developer for such work
       is not deemed acceptable by the County. The park design shall include, among other
       things, elements that improve its accessibility, including, but not limited to, barrier-free
       access to the gazebo and hard-surface access to the tot lot.

       Purchase Agreement for Village 3
78.    The County Board and Developer have entered into that certain Purchase Agreement,
       approved and executed contemporaneously herewith by the County Board (the “Village 3
       Purchase Contract”) for the sale of the area of land set forth therein (the “Village 3
       Property”) to the County. The County Board and Developer agree to be bound by the
       Village 3 Purchase Contract and to pay all sums of money and close pursuant to the terms
       set forth therein.

       140 Tax Credit Rental Units on Village 3
79.    The applicant will propose, to be considered among a number of proposals, a plan which
       utilizes historic and housing tax credits and AHIF funding to undertake 140 tax credit
       rental units on Village 3. The County’s decision to accept or reject this proposal has no
       bearing on the County’s obligation to purchase Village 3.

       Village 3 Rehabilitation and Landscape Improvements
80.    The developer agrees that it shall submit for review and approval by the County Manager
       and the HALRB, where appropriate, all required plans and drawings for the rehabilitation
       and landscape improvements on Village 3 prior to the issuance of any permits for the
       Village 3 site.

       Improvements to Extended 3rd and 4th Streets

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81.    The developer agrees to design and construct street improvements for the extension of 3rd
       and 4th Streets. The work will be competitively bid by the developer and subject to
       approval and funding by the County. The County reserves the right to construct said
       improvements if the price provided by the developer for such work is not deemed
       acceptable by the County.

       Site Coverage
82.    The developer agrees that with redevelopment of Village 1 the approved site coverage is
       approximately 56.4 percent, and with renovation or any structural improvements to
       Village 3, including provision of bump-outs, the total site coverage for the entire site
       plan, including both Villages 1 and 3, shall not exceed 56 percent.




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        ORDINANCE TO EXPAND THE BUCKINGHAM HISTORIC DISTRICT

An ordinance to expand the existing Buckingham Historic District (Z-2407-92-HD) to include
Buckingham Village 3, as described below, and to show it accordingly as an overlay on the
zoning map.

Be it ordained that, in order to serve the public necessity, convenience, general welfare and good
zoning practices and principals of historic preservation, a portion of that part of Arlington
County known as Buckingham Village 3, described below, is hereby designated as an historic
district, through the expansion of the existing Buckingham Historic District (Z-2407-92-HD),
pursuant to section 31A of the Arlington County Zoning Ordinance; the boundaries of the
expanded part of the Buckingham Historic District are based on the legal description of the
block, and are shown on the attached map. Described below is a brief description of
Buckingham Village 3 and are described below:

All the land and buildings addressed as follows, and commonly known as Buckingham Village
3:

4300,4302,4306,4308,4310,4312,4314,4316,4320,4322,4324 – 4th Street North;

307, 309, 313, 315, 319, 321 – North George Mason Drive

4301, 4303, 4305, 4309, 4311, 4313, 4315, 4317, 4319, 4323, 4325, 4327 – North Pershing
Drive

308, 310, 312, 314,316,318, 320, 322, 324 – North Thomas Street




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                                 REZONING RESOLUTION

WHEREAS, the North Pershing Drive Apartments Investors LLC have requested a rezoning of
RPC# 20024004 (“Property”) for premises known as 4319 North Pershing Drive FROM “R-6”
One Family Dwelling Districts TO “RA8-18” Apartment Dwelling Districts as shown on the
attached map; and

WHEREAS, the County Manager has recommended that the proposed rezoning be approved;
and

WHEREAS, the Planning Commission held a duly advertised public hearing and recommended
that the proposed rezoning be approved; and

WHEREAS, the County Board of Arlington County held a duly advertised public hearing on the
proposed rezoning on March 17, 2007; and

WHEREAS, the County Board of Arlington has considered the recommendation of the County
Manager as set forth in his report dated March 16, 2007, the recommendations and the purposes
of the GLUP and the Comprehensive Plan, as well as the Historic Preservation Master Plan and
the Master Transportation Plan-Part I, as set forth in these documents, the Arlington County
Zoning Ordinance and the Code of Virginia; and

WHEREAS, the County Board finds that the requested rezoning, to “RA8-18” Apartment
Dwelling Districts for premises known as 4319 North Pershing Drive is consistent with the
visions and goals on the General Land Use Plan for the Property; and

WHEREAS, the County Board finds that the rezoning to “RA8-18” Apartment Dwelling
Districts is required by the public necessity, convenience, general welfare, and good zoning
practice, and promotes the welfare of the County as part of an overall zoning plan by, among
other things, furthering the land use policies and objectives of the County including those set
forth in the Comprehensive Plan and serving important public purposes including but not limited
to the creation of a convenient, attractive, and harmonious community, the provision of adequate
transportation, schools and other public requirements, the protection and preservation of historic
areas, and the creation of affordable housing.

THEREFORE, be it ordained, that RPC#20024004 is hereby rezoned FROM “R-6” One Family
Dwelling Districts TO “RA8-18” Apartment Dwelling Districts as shown on the attached map.




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       PREVIOUS COUNTY BOARD ACTIONS:

       June 1946                        Approved a rezoning for part of the Village
                                        1 site (Howell property) from “R-6” to
                                        “RA8-18”, except for the first 110 feet
                                        fronting on North Henderson Road.




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