July 2023 - Legal Notices

ARLINGTON, VIRGINIA

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN THAT THE PLANNING COMMISSION OF ARLINGTON CO., VA, on July 3, 2023 at 2100 Clarendon Boulevard, Suite 307, Arlington, Virginia 22201 in a meeting at 7:00 P.M. or as soon thereafter as matters may be heard, will consider the following cases, after offering the public an opportunity to be heard in a public hearing. The public may attend the meeting in person or virtually via live stream at www.arlingtonva.us, YouTube and local cable stations on Comcast 25 & 1085 and Verizon FiOS 39 & 40. To sign-up to speak at the meeting either in person or virtually, visit https://www.arlingtonva.us/Government/Commissions-and-Advisory-Groups/Planning-Commission/Speaker or call 703-228-0095, for further assistance.  Speaker requests can be completed and submitted to the Clerk at least one week in advance of the meeting.  To guarantee public testimony, registration must be completed at least 24 hours in advance of the meeting.

NOTICE IS HEREBY GIVEN THAT THE COUNTY BOARD OF ARLINGTON CO., VA, on July 15, 2023 at 2100 Clarendon Boulevard, Suite 307, Arlington Virginia 22201 in a meeting at 9:00 A.M. or as soon thereafter as matters may be heard, will consider the following cases, after offering the public an opportunity to be heard in a public hearing. 

Sign up to speak in advance at http://www.arlingtonva.us/Government/County-Board or call 703-228-3130 between 8am and 5pm starting the week before the meeting. Members of the public may participate virtually and in person. Speakers sign up will also be available in-person on the day of the meeting.  The meeting will be available via live stream at www.arlingtonva.us and local cable stations on Comcast 25 & 1085 and Verizon FiOS 39 & 40.

NOTE: Copies of proposed plans, ordinances, amendments and applications, and related planning case materials may be examined by appointment in the Planning Division Office, Suite 700 , 2100 Clarendon Blvd., Arlington, VA. Appointments may be scheduled by contacting the Planning Division at (703) 228-3525 or cphd@arlingtonva.us; or text of proposed County Code amendments may be examined in the County Board Clerk’s Office, Suite 300; 2100 Clarendon Blvd., Arlington, VA by contacting staff at (703) 228-3130. The term Site Plan in this notice refers to a Special Exception Site Plan as defined in the Arlington County Zoning Ordinance and is not the same as an engineering site plan or construction plans submitted in satisfaction of other codes or ordinances.  The terms ACZO and GLUP means Arlington County Zoning Ordinance and General Land Use Plan, respectively.

THE FOLLOWING CASES TO BE HEARD BY PLANNING COMMISSION AND COUNTY BOARD:

Ordinance(s) of Vacation to vacate: 1) a portion of an existing Easement for Public Utilities purposes; and 2) existing Fire Lane Easements; both on property belonging to Ballston Hotel Associates and Snell Arlington Center, LLC, known as 4600 and 4610 Fairfax Drive, RPC#s 14-053-055 and -056, with conditions; and 3) a portion of an existing Easement for Public Street and Utilities Purposes on property belonging to Snell Arlington Center, LLC, and Outparcel B, LLC known as 4600, RPC#s 14-053-055 and -023, with conditions.

Kendra Jacobs, Clerk to the County Board

Publication dates June 23 & 30, 2023

 

---------------------------------------------------------------------------------------------------------------------

ARLINGTON, VIRGINIA

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN THAT THE PLANNING COMMISSION OF ARLINGTON CO., VA, on July 3, 2023 at 2100 Clarendon Boulevard, Suite 307, Arlington, Virginia 22201 in a meeting at 7:00 P.M. or as soon thereafter as matters may be heard, will consider the following cases, after offering the public an opportunity to be heard in a public hearing. The public may attend the meeting in person or virtually via live stream at www.arlingtonva.us, YouTube and local cable stations on Comcast 25 & 1085 and Verizon FiOS 39 & 40. To sign-up to speak at the meeting either in person or virtually, visit https://www.arlingtonva.us/Government/Commissions-and-Advisory-Groups/Planning-Commission/Speaker or call 703-228-0095, for further assistance.  Speaker requests can be completed and submitted to the Clerk at least one week in advance of the meeting.  To guarantee public testimony, registration must be completed at least 24 hours in advance of the meeting.

NOTICE IS HEREBY GIVEN THAT THE COUNTY BOARD OF ARLINGTON CO., VA, on July 15, 2023 at 2100 Clarendon Boulevard, Suite 307, Arlington Virginia 22201 in a meeting at 9:00 A.M. or as soon thereafter as matters may be heard, will consider the following cases, after offering the public an opportunity to be heard in a public hearing. 

Sign up to speak in advance at http://www.arlingtonva.us/Government/County-Board or call 703-228-3130 between 8am and 5pm starting the week before the meeting. Members of the public may participate virtually and in person. Speakers sign up will also be available in-person on the day of the meeting.  The meeting will be available via live stream at www.arlingtonva.us and local cable stations on Comcast 25 & 1085 and Verizon FiOS 39 & 40.

NOTE: Copies of proposed plans, ordinances, amendments and applications, and related planning case materials may be examined by appointment in the Planning Division Office, Suite 700 , 2100 Clarendon Blvd., Arlington, VA. Appointments may be scheduled by contacting the Planning Division at (703) 228-3525 or cphd@arlingtonva.us; or text of proposed County Code amendments may be examined in the County Board Clerk’s Office, Suite 300; 2100 Clarendon Blvd., Arlington, VA by contacting staff at (703) 228-3130. The term Site Plan in this notice refers to a Special Exception Site Plan as defined in the Arlington County Zoning Ordinance and is not the same as an engineering site plan or construction plans submitted in satisfaction of other codes or ordinances.  The terms ACZO and GLUP means Arlington County Zoning Ordinance and General Land Use Plan, respectively.

THE FOLLOWING CASES TO BE HEARD BY PLANNING COMMISSION AND COUNTY BOARD:

FBCN23-00002 1130 S. George Mason Drive Res Owner LLC for renovations and additions to the existing garden apartment buildings (22-26) in the RA14-26 zoning district under ACZO §6.2 and §11.2, with modifications pursuant to the Neighborhoods Form Based Code for existing buildings to remain. Property is approximately 288,934 sq. ft.; located at 4301 16th Street South (RPC# 27-002-010). Applicable Policies: GLUP “Low-Medium” Residential; Columbia Pike Neighborhoods Special Revitalization District (Note 24); Columbia Pike Neighborhoods Form Based Code.

SPLN21-00009 Bingham Center Holdings, LLC for a site plan to construct approximately 413,045 sq.ft. in total density including approximately 143,510 sq.ft. Hotel GFA and approximately 269.535 sq.ft. Residential GFA in the C-3 zoning district under ACZO §7.19, §9.2, and §15.5. Property is approximately 81,062 sq. ft.; located at 3200 Wilson Blvd. (RPC# 19-003-002, -003, -004, -005, -006, -007, -008, - 009, -010, -011, -012, -013, -014, -015, -016).  The proposed density is approximately 5.09 FAR. Modifications of zoning ordinance requirements include: reduced parking and loading requirements, additional density, density exclusions, design requirements, and other modifications as necessary to achieve the proposed development plan.  Applicable Policies: GLUP “Medium” Density Mixed-Use, Clarendon Revitalization District (Note 12).

Ordinance(s) of Vacation to vacate: 1) a 1,429 square foot portion of a 12 foot wide public alley located between Wilson Boulevard and 10th Street North, adjacent to 3200 and 3240 Wilson Blvd., RPC Nos. 19-003-006, -007, -013; 2) a 3,171 square foot portion of a 12 foot wide public alley located between Wilson Boulevard and 10th Street North, adjacent to 3258 and 3260 Wilson Blvd., and 3211 and 3217 10th St. N., RPC Nos. 19-003-002, -003, -005, -015, and -016; and 3) a 1,586 square foot portion of a public street and utilities easement on the south side of Wilson Boulevard and the west side of North Irving Street, of property identified as 3200 Wilson Boulevard, RPC Nos. 19-003-007, -008, -013; all with conditions.

GP-352-21-1 General Land Use Plan amendment to change the land use designation for that area located at the southern corner of Arlington Boulevard and North Pershing Drive from “Service Commercial” and “Low-Medium” Residential to “Low” Office-Apartment-Hotel.

REZN22-00004 Arlington Boulevard, LLC for a rezoning from “C-2” Service Commercial-Community Business District and “RA6-15” Multiple-family Dwelling District to “C-O-1.5” Mixed Use District; for an approximately 103,566 s.f. of area located at 2201 Arlington Blvd. (RPC# 18-059-020).

SPLN22-00006 Arlington Boulevard, LLC for a site plan (SP #469) to construct approximately 251 dwelling units and approximately 3,000 s.f. of retail or retail equivalent use, in the C-O-1.5 zoning district under ACZO §7.11, & §15.5. Property is approximately 103,566 s.f. located at 2201 Arlington Blvd. (RPC# 18-059-020). The proposed density is approximately 107 dwelling units per acre and 1.75 FAR for retail use. Modifications of zoning ordinance requirements include: additional density, reduced residential and retail parking ratios, sign regulations, and other modifications as necessary to achieve the proposed development plan. Applicable Policies: GLUP “Low” Office-Apartment-Hotel; Pershing Drive Special General Land Use Plan Study; Arlington County Retail Plan.

SPLN21-00008 4600 Fairfax Partners LLC for a Site Plan Amendment (SP #57) to expand the site area by approximately 4,635 sq. ft. and construct up to 450 dwelling units in the C-O-2.5 zoning district under ACZO §§7.12, and §15.5.  Property is approximately 171,665 sq. ft.; located at 4600 and 4610 Fairfax Drive (RPC# 14-053-023, -055, -056). Modifications of zoning ordinance requirements include: additional density, parking and loading requirements, density exclusions, and other modifications as necessary to achieve the proposed development plan.  Applicable Policies: GLUP “Medium” Office-Apartment-Hotel, and Ballston Sector Plan.

Ordinance(s) of Vacation to vacate: 1) a portion of an existing Easement for Public Utilities purposes; and 2) existing Fire Lane Easements; both on property belonging to Ballston Hotel Associates and Snell Arlington Center, LLC, known as 4600 and 4610 Fairfax Drive, RPC#s 14-053-055 and -056, with conditions; and 3) a portion of an existing Easement for Public Street and Utilities Purposes on property belonging to Snell Arlington Center, LLC, and Outparcel B, LLC known as 4600, RPC#s 14-053-055 and -023, with conditions.

SUBJECT: ZOA-2023-07, FBC-32

An ordinance to amend, reenact, and recodify the Arlington County Zoning Ordinance (ACZO) Articles 3, 4, 5, 6, 7, 8, 11, 12, and 18, Section 3 of Appendix A (Columbia Pike Special Revitalization District Form Based Code) to:

  • Update zoning regulations pertaining to telecommunications and wireless facilities to conform with the Code of Virginia, Article 7.2 Zoning for Wireless Communications Infrastructure;
  • Correct a technical error relating to fence and wall encroachments on corner lots; and
  • Amend the Town Center Regulating Plan to remove an erroneous Required Building Line between South Glebe Road and South Highland Street.

ZOA-2023-09 An ordinance to amend, reenact, and recodify the ACZO, including Articles 6, 7, 8, 12, 14, and 18 as follows:

  • To establish a definition for privately owned public spaces;
  • To permit outdoor cafes as an accessory use to other types of food establishments in addition to restaurants;
  • To permit outdoor cafes associated with a food establishment as an accessory use within privately owned public spaces subject to County Board use permit approval;
  • To allow fixtures and furnishings associated with outdoor cafes on private property to be affixed to the ground;
  • To prohibit sound, audio, or video entertainment from being piped into or played so as to be visible or audible from an outdoor café on private property that is located in a side or rear yard abutting or across an alley from an R or RA district;
  • To permit outdoor cafes to be located within off-street parking spaces, so long as the spaces are not necessary to meet the ACZO’s minimum parking requirement, and to permit the County Board to modify this requirement subject to use permit approval;
  • To insert provisions in §14.3’s parking and loading standards that would address potential conflicts between existing parking regulations and proposed regulations that would allow outdoor cafes to be located within off-street parking spaces;
  • To permit outdoor cafes associated with a food establishment as an accessory, by-right use within public sidewalk, street, and/or utilities easements and public rights-of-way so long as they are not in a street travelway or public parking space;
  • To establish use standards for such outdoor cafes within public easements and public rights-of-way for compliance with the County’s encroachment ordinance, enclosure, days and hours of operation, sound/audio/video entertainment, maximum number of seats, parking requirements, provision of an unobstructed pedestrian clear zone, and location immediately in front of the restaurant;
  • To permit outdoor cafes as an accessory use to a food establishment in the RA8-18 and RA6-15 districts; and,
  • To make other editorial changes for improved clarity.

THE FOLLOWING CASES TO BE HEARD BY COUNTY BOARD ONLY:

First Amendment to Amended and Restated Deed of Lease between the County Board of Arlington County, Virginia as landlord and Signature Theatre, Inc., a Virginia Corporation, as tenant for premises located at 4200 Campbell Avenue, Arlington, Virginia (RPC No. 29-014-013).

Deed of Lease between the County Board of Arlington County, Virginia as landlord and Signature Theatre, Inc., a Virginia Corporation, as tenant for premises located at 3806 S. Four Mile Run Drive, Arlington, Virginia (RPC No. 29-002-013).

Ordinance to codify a new Chapter 70 (Encroachment into Public Spaces) of the Code of Arlington County, Virginia to authorize owners or occupants of property abutting public streets, highways, roads, alleys, rights-of-way and property interests dedicated to or conveyed for public use for permission to construct, own and maintain certain structures in, upon and over such public property, and permission to use portions of such property for outdoor cafes, within the limitations, and upon such terms and conditions as, proscribed in such Chapter.

First Amendment to License Agreement between the County Board of Arlington County, Virginia as licensor and Genoa Healthcare, LLC, a Pennsylvania limited liability company, as licensee for approximately 617 square feet of space located at 2120 Washington Blvd., Arlington, Virginia (RPC # 24-004-017).

Ordinance of Vacation to vacate two portions of an Easement for Public Street and Utilities Purposes, which two portions are adjacent to N. Fort Myer Dr. at the northeast and southeast corners of the parcel known as Rosslyn, Part Lots 1 through 7, inclusive, Block 14, Rosslyn, RPC #16-004-001, with conditions.

Enactment of an Ordinance to Vacate an existing 5’ wide sanitary sewer easement recorded among the Arlington County land records in Deed Book 1186 at page 502, on property described as LANDS OF ARLINGTON BOULEVARD, LLC Deed Book 3953, Page 803 (RPC # 18-059-020), commonly known as 2201 Arlington Boulevard, Arlington, Virginia, with conditions

Ordinance to Vacate a (i) 5’ wide sanitary sewer easement recorded among the Arlington County land records in Deed Book 1159 at page 233; and (ii) portion of a 5’ wide sanitary sewer easement recorded among the Arlington County land records in Deed Book 1604 at page 449, on property described as PARCEL CTS-A CRYSTAL TOWERS (RPC # 35-011-011), commonly known as 1600 S. Eads St., Arlington, Virginia, with conditions

ENCROACHMENTS:

Ordinance to permit the encroachment of a portion of a lead walk stair into the County parcel at the southwest intersection of Washington Boulevard and North Sycamore Stret, identified as RPC No. 11-014-014, for the benefit of the abutting property located at 6422 Washington Blvd., Identified as RPC No. 11-014-039, with conditions.

Ordinance(s) of Encroachment to permit encroachments into an existing Easement for Public Street and Utilities Purposes of: 1) two (2) front steps/stoops; and, 2) a portion of an electrical transformer vault, on property belonging to Outparcel B, LLC and Snell Arlington Center LLC, known as 4600 Fairfax Drive, Arlington, Virginia, RPC#s 14-053-023 and -055, with conditions.

Ordinance of Encroachment to permit encroachments into the airspace over an existing Easement for Public Street and Utilities Purposes of thirty-six (36) balconies in four (4) locations on property belonging to KBLH, LLC, known as 1401 Langston Blvd., Arlington, Virginia, RPC#s 16-004-003, 16-004-004, and 16-004-005, with conditions.

Ordinance to permit the encroachment of canopies over portions of a public fee simple right-of-way for North Uhle Street located along the frontage of the building located at 2055 15th Street N. Arlington, Virginia, RPC No. 18-001-009, with conditions.

SITE PLAN AMENDMENTS:

SPLA23-00019 CESC Park One Land, LLC., CESC Park Two LLC, CESC Park Three Land LLC, CESC Park Four Land LLC, Fifth Crystal Park Associates Limited Partnership for a site plan amendment to SP #167 to reduce the required parking ratio in the C-O-1.5 zoning district under ACZO §7.11 and §15.5. Property is located at 2011 Crystal Dr., 2121 Crystal Dr., 2231 Crystal Dr., 2345 Crystal Dr., and 2451 Crystal Dr. (RPC #34-020-233, -234, -235, -245, -243). Modifications of zoning ordinance requirements include: modifying the parking requirement and other modifications as necessary to achieve the proposed development plan. Applicable Policies: GLUP “Low” Office-Apartment-Hotel; Crystal City Coordinated Redevelopment District (Note 1); Crystal City Sector Plan.

SPLA23-00024 GS Courthouse Owner LLC for a site plan amendment to SP #457 to amend conditions related to required timing for several elements of the project in the C-O zoning district under ACZO §7.13, and §15.5. Property is approximately 41,459 square feet; located at 2055 15th St N. (RPC #18-001-009). Applicable Policies: GLUP: “High” Office-Apartment-Hotel; Courthouse Square Special District (Note 26); Courthouse Sector Plan Addendum: Courthouse Square.

SPLA23-00028  CESC Water Park LLC for a site plan amendment to SP #167 to amend conditions related to required timing for elements of the project in the C-O-1.5 zoning district under ACZO §7.11 and §15.5.  Property is approximately 71,449 sq. ft.; located at 1601 and 1701 Crystal Drive (RPC# 34-020-236, -237).  Modifications of zoning ordinance requirements include modifications as necessary to achieve the proposed development plan.  Applicable Policies: GLUP “Low” Office-Apartment-Hotel and Crystal City Coordinated Redevelopment District (Note 1); Crystal City Sector Plan; Arlington County Retail Plan.

SPECIAL EXCEPTION USE PERMITS:

UPER23-00021 Veritas Collegiate Academy for a private school with up to 125 students in the R-5 zoning district under ACZO §5.7, and §15.4. Property is approximately 33,600 sq. ft.; located at 935 23rd Street S. (RPC# 36-032-001, -013, and 023). Applicable Policies: GLUP “Low” Residential.

UPER23-00024 Lantern Karaoke Restaurant for Live Entertainment in the C-O zoning district under ACZO §7.13, §15.4.  Property is approximately 152,460 sq. ft.; located at 320 23rd Street South (RPC# 34-020-030).  Applicable Policies: GLUP “High” Office-Apartment-Hotel, Crystal City Coordinated Development District (Note 1), Crystal City Sector Plan.

UPER23-00025 Indira Koirala for family daycare home in the R-6 zoning district under ACZO §5.6 and §15.4.  Property is approximately 7,000 sq. ft.; located at 5880 Arlington Blvd. (RPC# 21-014-008).  Applicable Policies: GLUP “Low” Residential.

UPER23-00027 Ballston Day Care, LLC d/b/a Tierra Encantada for a childcare center for up to 150 children and a parking modification in the C-2 zoning district under ACZO §7.17, §15.4.  Property is approximately 19,824 sq. ft.; located at 3804 Wilson Boulevard (RPC# 20-003-003).  Modifications of zoning ordinance requirements include: modifying the parking requirement and other modifications as necessary to achieve the proposed development plan. Applicable Policies: GLUP “Low-Medium” Residential and Public.

UPER23-00028 Trinity Presbyterian Preschool for a use permit amendment for a childcare center for up to 120 children in the R-8 zoning district under ACZO §5.5 and §15.4. Property is approximately 247,744 sq. ft.; located at 5533 16th St. N. (RPC# 09-028-001, -018).  Applicable Policies: GLUP: “Semi-Public”.

UPER23-00029 Arlington County Department of Human Services for a use permit amendment to allow a dormitory in the RA8-18 zoning district under ACZO §6.3, §15.4 and §14.3.7. Modifications of zoning ordinance requirements include: modification of the parking requirement. Property is approximately 7,619 square feet; located at 1723 Fairfax Drive (RPC #17-024-031). Applicable Policies: GLUP: “Medium” Residential; Fort Myer Heights North Special District.

UPER23-00031 Westover Baptist Church for a preschool for up to 115 children in the R-6 zoning district under ACZO §5.6 and §15.4. Property is approximately 141,395 sq. Ft.; located at 1125 Patrick Henry Dr., (RPC# 09-067-001). Applicable Policies: GLUP “Low” Residential.

THE FOLLOWING ARE USE PERMIT AND SITE PLAN REVIEWS:

FOR ONE YEAR:

SP445-U-22-1  Foxtrot Retail D.C., LLC for a use permit review for an outdoor café in the public right-of-way in the C-O, Mixed-Use zoning district under ACZO §7.13 and §15.4. Located at 1771 N. Pierce St. (RPC# 16-033-025).  Applicable Policies: GLUP “High” Office-Apartment- Hotel; Western Rosslyn Coordinated Redevelopment District (Note #2); Western Rosslyn Area Plan; Rosslyn Sector Plan.

U-3515-18-1 The Children’s School, Inc. for a use permit review for a child care center for up to 235 children in the C-2 zoning district under ACZO §7.17 and §15.4. Property is approximately 19,382 sq. ft.; located at 4770 Langston Blvd. (RPC# 07-006-248). Applicable Policies: GLUP “Low” Residential and Service Commercial.

U-3535-19-1 Goddard School for a use permit review for a childcare center of up to 60 children in the C-1 zoning district under ACZO §7.7 and §15.4. Property is approximately 39,536 sq. ft.; located at 5222 Langston Blvd. (RPC# 08-004-005). Applicable Policies: GLUP Service Commercial.

U-3536-19-1 Goddard School for a use permit review for a childcare center of up to 208 children with parking modifications in the C-O-1.0 zoning district under ACZO §7.10 & §15.4. Property is approximately 19,590 sq. ft.; located at 5328 Langston Blvd.  (RPC# 09-001-028). Applicable Policies: GLUP Service Commercial and “Low” Residential.

U-3618-22-1 National Landing BID for a use permit review to allow an open-air market in the public right-of-way in the C-O-1.5 and M-2 zoning districts under ACZO §7.12., §12.5.17, and §15.4.  Located in the public right-of-way on South Ball Street between 6th Street South and 10th Street South.  Applicable Policies: GLUP “Low” Office-Apartment-Hotel; North Tract Special Planning District (Note #20).

U-3619-22-1 Farjana Akter, Bright Beginnings Home Daycare for a use permit review for a family daycare home for up to 12 children in the R2-7 zoning district under ACZO §5.9, §15.4.  Property is approximately 3,082 sq. ft.; located at 5614 7th Pl. S., (RPC# 22-007-011).  Applicable Policies: GLUP “Low” Residential .

U-3621-22-1 Maria Vogelei, The Village School for a use permit review for a Private School for up to 60 children in the R-6 zoning district under ACZO §5.6, §14.3.7. C.2 & §15.4.  Property is approximately 37,020 sq. ft.; located at 6201 Washington Blvd. (RPC# 11-032-011).  Applicable Policies: GLUP “Low” Residential.

SP440-U-21-1 Silver Diner Development, LLC for a use permit review for an outdoor café within the public right of way in the RA4.8 zoning district under ACZO §7.2, and §15.4. Property is approximately 121,574 sq. ft.; located at 750 N. Glebe Road (RPC# 13-017-001; -002; -003; -009; -010; -012; -014; -015; -0016; -017). Applicable Policies: GLUP “High-Medium” Residential Mixed-Use.

FOR THREE YEARS:

SP #39 and SP #419 Diplomatic Language Services for a site plan amendment review for the conversion of office space to school use in the C-O/C-O-ROSSLYN zoning district under ACZO §7.13, §7.15, and §15.5. Property is approximately 28,908 sq. ft.; located at 1901 N. Fort Myer Dr. (RPC# 16-020-001). Applicable Policies: GLUP “High” Office-Apartment-Hotel; Rosslyn Coordinated Redevelopment District (Note 15).

U-3349-15-3 El Salvador Restaurant use permit review for live entertainment and dancing in the C-2 zoning district under ACZO §7.17 and §15.4.  Property is approximately 48,942 sq. ft.; located at 4805 Columbia Pike (RPC# 23-006-001).  Applicable Policies: GLUP Service Commercial; “Columbia Pike Special Revitalization District” (Note 8).

Kendra Jacobs, Clerk to the County Board

Publication date June 20 and 27, 2023
(Revised for June 27, 2023)

-----------------------------------------------------------------------------------------------------------------------

ARLINGTON, VIRGINIA

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN THAT THE PLANNING COMMISSION OF ARLINGTON CO., VA, on July 3, 2023 at 2100 Clarendon Boulevard, Suite 307, Arlington, Virginia 22201 in a meeting at 7:00 P.M. or as soon thereafter as matters may be heard, will consider the following cases, after offering the public an opportunity to be heard in a public hearing. The public may attend the meeting in person or virtually via live stream at www.arlingtonva.us, YouTube and local cable stations on Comcast 25 & 1085 and Verizon FiOS 39 & 40. To sign-up to speak at the meeting either in person or virtually, visit https://www.arlingtonva.us/Government/Commissions-and-Advisory-Groups/Planning-Commission/Speaker or call 703-228-0095, for further assistance.  Speaker requests can be completed and submitted to the Clerk at least one week in advance of the meeting.  To guarantee public testimony, registration must be completed at least 24 hours in advance of the meeting.

NOTICE IS HEREBY GIVEN THAT THE COUNTY BOARD OF ARLINGTON CO., VA, on July 15, 2023 at 2100 Clarendon Boulevard, Suite 307, Arlington Virginia 22201 in a meeting at 9:00 A.M. or as soon thereafter as matters may be heard, will consider the following cases, after offering the public an opportunity to be heard in a public hearing. 

Sign up to speak in advance at http://www.arlingtonva.us/Government/County-Board or call 703-228-3130 between 8am and 5pm starting the week before the meeting. Members of the public may participate virtually and in person. Speakers sign up will also be available in-person on the day of the meeting.  The meeting will be available via live stream at www.arlingtonva.us and local cable stations on Comcast 25 & 1085 and Verizon FiOS 39 & 40.

NOTE: Copies of proposed plans, ordinances, amendments and applications, and related planning case materials may be examined by appointment in the Planning Division Office, Suite 700 , 2100 Clarendon Blvd., Arlington, VA. Appointments may be scheduled by contacting the Planning Division at (703) 228-3525 or cphd@arlingtonva.us; or text of proposed County Code amendments may be examined in the County Board Clerk’s Office, Suite 300; 2100 Clarendon Blvd., Arlington, VA by contacting staff at (703) 228-3130. The term Site Plan in this notice refers to a Special Exception Site Plan as defined in the Arlington County Zoning Ordinance and is not the same as an engineering site plan or construction plans submitted in satisfaction of other codes or ordinances.  The terms ACZO and GLUP means Arlington County Zoning Ordinance and General Land Use Plan, respectively.

THE FOLLOWING CASES TO BE HEARD BY PLANNING COMMISSION AND COUNTY BOARD:

FBCN23-00002 1130 S. George Mason Drive Res Owner LLC for renovations and additions to the existing garden apartment buildings (22-26) in the RA14-26 zoning district under ACZO §6.2 and §11.2, with modifications pursuant to the Neighborhoods Form Based Code for existing buildings to remain. Property is approximately 288,934 sq. ft.; located at 4301 16th Street South (RPC# 27-002-010). Applicable Policies: GLUP “Low-Medium” Residential; Columbia Pike Neighborhoods Special Revitalization District (Note 24); Columbia Pike Neighborhoods Form Based Code.

SPLN21-00009 Bingham Center Holdings, LLC for a site plan to construct approximately 413,045 sq.ft. in total density including approximately 143,510 sq.ft. Hotel GFA and approximately 269.535 sq.ft. Residential GFA in the C-3 zoning district under ACZO §7.19, §9.2, and §15.5. Property is approximately 81,062 sq. ft.; located at 3200 Wilson Blvd. (RPC# 19-003-002, -003, -004, -005, -006, -007, -008, - 009, -010, -011, -012, -013, -014, -015, -016).  The proposed density is approximately 5.09 FAR. Modifications of zoning ordinance requirements include: reduced parking and loading requirements, additional density, density exclusions, design requirements, and other modifications as necessary to achieve the proposed development plan.  Applicable Policies: GLUP “Medium” Density Mixed-Use, Clarendon Revitalization District (Note 12).

Ordinance(s) of Vacation to vacate: 1) a 1,429 square foot portion of a 12 foot wide public alley located between Wilson Boulevard and 10th Street North, adjacent to 3200 and 3240 Wilson Blvd., RPC Nos. 19-003-006, -007, -013; 2) a 3,171 square foot portion of a 12 foot wide public alley located between Wilson Boulevard and 10th Street North, adjacent to 3258 and 3260 Wilson Blvd., and 3211 and 3217 10th St. N., RPC Nos. 19-003-002, -003, -005, -015, and -016; and 3) a 1,586 square foot portion of a public street and utilities easement on the south side of Wilson Boulevard and the west side of North Irving Street, of property identified as 3200 Wilson Boulevard, RPC Nos. 19-003-007, -008, -013; all with conditions.

GP-352-21-1 General Land Use Plan amendment to change the land use designation for that area located at the southern corner of Arlington Boulevard and North Pershing Drive from “Service Commercial” and “Low-Medium” Residential to “Low” Office-Apartment-Hotel.

REZN22-00004 Arlington Boulevard, LLC for a rezoning from “C-2” Service Commercial-Community Business District and “RA6-15” Multiple-family Dwelling District to “C-O-1.5” Mixed Use District; for an approximately 103,566 s.f. of area located at 2201 Arlington Blvd. (RPC# 18-059-020).

SPLN22-00006 Arlington Boulevard, LLC for a site plan (SP #469) to construct approximately 251 dwelling units and approximately 3,000 s.f. of retail or retail equivalent use, in the C-O-1.5 zoning district under ACZO §7.11, & §15.5. Property is approximately 103,566 s.f. located at 2201 Arlington Blvd. (RPC# 18-059-020). The proposed density is approximately 107 dwelling units per acre and 1.75 FAR for retail use. Modifications of zoning ordinance requirements include: additional density, reduced residential and retail parking ratios, sign regulations, and other modifications as necessary to achieve the proposed development plan. Applicable Policies: GLUP “Low” Office-Apartment-Hotel; Pershing Drive Special General Land Use Plan Study; Arlington County Retail Plan.

SPLN21-00008 4600 Fairfax Partners LLC for a Site Plan Amendment (SP #57) to expand the site area by approximately 4,635 sq. ft. and construct up to 450 dwelling units in the C-O-2.5 zoning district under ACZO §§7.12, and §15.5.  Property is approximately 171,665 sq. ft.; located at 4600 and 4610 Fairfax Drive (RPC# 14-053-023, -055, -056). Modifications of zoning ordinance requirements include: additional density, parking and loading requirements, density exclusions, and other modifications as necessary to achieve the proposed development plan.  Applicable Policies: GLUP “Medium” Office-Apartment-Hotel, and Ballston Sector Plan.

Ordinance(s) of Vacation to vacate: 1) a portion of an existing Easement for Public Utilities purposes; and 2) existing Fire Lane Easements; both on property belonging to Ballston Hotel Associates and Snell Arlington Center, LLC, known as 4600 and 4610 Fairfax Drive, RPC#s 12-053-055 and -056, with conditions; and 3) a portion of an existing Easement for Public Street and Utilities Purposes on property belonging to Snell Arlington Center, LLC, and Outparcel B, LLC known as 4600, RPC#s 12-053-055 and -023, with conditions.

SUBJECT: ZOA-2023-07, FBC-32

An ordinance to amend, reenact, and recodify the Arlington County Zoning Ordinance (ACZO) Articles 3, 4, 5, 6, 7, 8, 11, 12, and 18, Section 3 of Appendix A (Columbia Pike Special Revitalization District Form Based Code) to:

  • Update zoning regulations pertaining to telecommunications and wireless facilities to conform with the Code of Virginia, Article 7.2 Zoning for Wireless Communications Infrastructure;
  • Correct a technical error relating to fence and wall encroachments on corner lots; and
  • Amend the Town Center Regulating Plan to remove an erroneous Required Building Line between South Glebe Road and South Highland Street.

ZOA-2023-09 An ordinance to amend, reenact, and recodify the ACZO, including Articles 6, 7, 8, 12, 14, and 18 as follows:

  • To establish a definition for privately owned public spaces;
  • To permit outdoor cafes as an accessory use to other types of food establishments in addition to restaurants;
  • To permit outdoor cafes associated with a food establishment as an accessory use within privately owned public spaces subject to County Board use permit approval;
  • To allow fixtures and furnishings associated with outdoor cafes on private property to be affixed to the ground;
  • To prohibit sound, audio, or video entertainment from being piped into or played so as to be visible or audible from an outdoor café on private property that is located in a side or rear yard abutting or across an alley from an R or RA district;
  • To permit outdoor cafes to be located within off-street parking spaces, so long as the spaces are not necessary to meet the ACZO’s minimum parking requirement, and to permit the County Board to modify this requirement subject to use permit approval;
  • To insert provisions in §14.3’s parking and loading standards that would address potential conflicts between existing parking regulations and proposed regulations that would allow outdoor cafes to be located within off-street parking spaces;
  • To permit outdoor cafes associated with a food establishment as an accessory, by-right use within public sidewalk, street, and/or utilities easements and public rights-of-way so long as they are not in a street travelway or public parking space;
  • To establish use standards for such outdoor cafes within public easements and public rights-of-way for compliance with the County’s encroachment ordinance, enclosure, days and hours of operation, sound/audio/video entertainment, maximum number of seats, parking requirements, provision of an unobstructed pedestrian clear zone, and location immediately in front of the restaurant;
  • To permit outdoor cafes as an accessory use to a food establishment in the RA8-18 and RA6-15 districts; and,
  • To make other editorial changes for improved clarity.

THE FOLLOWING CASES TO BE HEARD BY COUNTY BOARD ONLY:

Ordinance to codify a new Chapter 70 (Encroachment into Public Spaces) of the Code of Arlington County, Virginia to authorize owners or occupants of property abutting public streets, highways, roads, alleys, rights-of-way and property interests dedicated to or conveyed for public use for permission to construct, own and maintain certain structures in, upon and over such public property, and permission to use portions of such property for outdoor cafes, within the limitations, and upon such terms and conditions as, proscribed in such Chapter.

First Amendment to License Agreement between the County Board of Arlington County, Virginia as licensor and Genoa Healthcare, LLC, a Pennsylvania limited liability company, as licensee for approximately 617 square feet of space located at 2120 Washington Blvd., Arlington, Virginia (RPC # 24-004-017).

Ordinance of Vacation to vacate two portions of an Easement for Public Street and Utilities Purposes, which two portions are adjacent to N. Fort Myer Dr. at the northeast and southeast corners of the parcel known as Rosslyn, Part Lots 1 through 7, inclusive, Block 14, Rosslyn, RPC #16-004-001, with conditions.

Enactment of an Ordinance to Vacate an existing 5’ wide sanitary sewer easement recorded among the Arlington County land records in Deed Book 1186 at page 502, on property described as LANDS OF ARLINGTON BOULEVARD, LLC Deed Book 3953, Page 803 (RPC # 18-059-020), commonly known as 2201 Arlington Boulevard, Arlington, Virginia, with conditions

Ordinance to Vacate a (i) 5’ wide sanitary sewer easement recorded among the Arlington County land records in Deed Book 1159 at page 233; and (ii) portion of a 5’ wide sanitary sewer easement recorded among the Arlington County land records in Deed Book 1604 at page 449, on property described as PARCEL CTS-A CRYSTAL TOWERS (RPC # 35-011-011), commonly known as 1600 S. Eads St., Arlington, Virginia, with conditions

ENCROACHMENTS:

Ordinance to permit the encroachment of a portion of a lead walk stair into the County parcel at the southwest intersection of Washington Boulevard and North Sycamore Stret, identified as RPC No. 11-014-014, for the benefit of the abutting property located at 6422 Washington Blvd., Identified as RPC No. 11-014-039, with conditions.

Ordinance(s) of Encroachment to permit encroachments into an existing Easement for Public Street and Utilities Purposes of: 1) two (2) front steps/stoops; and, 2) a portion of an electrical transformer vault, on property belonging to Outparcel B, LLC and Snell Arlington Center LLC, known as 4600 Fairfax Drive, Arlington, Virginia, RPC#s 14-053-023 and -055, with conditions.

Ordinance of Encroachment to permit encroachments into the airspace over an existing Easement for Public Street and Utilities Purposes of thirty-six (36) balconies in four (4) locations on property belonging to KBLH, LLC, known as 1401 Langston Blvd., Arlington, Virginia, RPC#s 16-004-003, 16-004-004, and 16-004-005, with conditions.

Ordinance to permit the encroachment of canopies over portions of a public fee simple right-of-way for North Uhle Street located along the frontage of the building located at 2055 15th Street N. Arlington, Virginia, RPC No. 18-001-009, with conditions.

SITE PLAN AMENDMENTS:

SPLA23-00014 CESC Park One Land, LLC., for a site plan amendment to SP #167 to modify conditions to allow retail equivalent uses in the C-O-1.5 zoning district under ACZO §7.11 and §15.5. Property is approximately 137,272 square feet; located at 2011 Crystal Drive (RPC #34-020-233). Modifications of the zoning ordinance requirements include: modifications as necessary to achieve the proposed development plan. Applicable Policies:  GLUP “Low” Office-Apartment-Hotel; Crystal City Coordinated Redevelopment District (Note 1); Crystal City Sector Plan.

SPLA23-00019 CESC Park One Land, LLC., CESC Park Two LLC, CESC Park Three Land LLC, CESC Park Four Land LLC, Fifth Crystal Park Associates Limited Partnership for a site plan amendment to SP #167 to reduce the required parking ratio in the C-O-1.5 zoning district under ACZO §7.11 and §15.5. Property is located at 2011 Crystal Dr., 2121 Crystal Dr., 2231 Crystal Dr., 2345 Crystal Dr., and 2451 Crystal Dr. (RPC #34-020-233, -234, -235, -245, -243). Modifications of zoning ordinance requirements include: modifying the parking requirement and other modifications as necessary to achieve the proposed development plan. Applicable Policies: GLUP “Low” Office-Apartment-Hotel; Crystal City Coordinated Redevelopment District (Note 1); Crystal City Sector Plan.

SPLA23-00024 GS Courthouse Owner LLC for a site plan amendment to SP #457 to amend conditions related to required timing for several elements of the project in the C-O zoning district under ACZO §7.13, and §15.5. Property is approximately 41,459 square feet; located at 2055 15th St N. (RPC #18-001-009). Applicable Policies: GLUP: “High” Office-Apartment-Hotel; Courthouse Square Special District (Note 26); Courthouse Sector Plan Addendum: Courthouse Square.

SPLA23-00028  CESC Water Park LLC for a site plan amendment to SP #167 to amend conditions related to required timing for elements of the project in the C-O-1.5 zoning district under ACZO §7.11 and §15.5.  Property is approximately 71,449 sq. ft.; located at 1601 and 1701 Crystal Drive (RPC# 34-020-236, -237).  Modifications of zoning ordinance requirements include modifications as necessary to achieve the proposed development plan.  Applicable Policies: GLUP “Low” Office-Apartment-Hotel and Crystal City Coordinated Redevelopment District (Note 1); Crystal City Sector Plan; Arlington County Retail Plan.

SPECIAL EXCEPTION USE PERMITS:

UPER23-00021 Veritas Collegiate Academy for a private school with up to 125 students in the R-5 zoning district under ACZO §5.7, and §15.4. Property is approximately 33,600 sq. ft.; located at 935 23rd Street S. (RPC# 36-032-001, -013, and 023). Applicable Policies: GLUP “Low” Residential.

UPER23-00024 Lantern Karaoke Restaurant for Live Entertainment in the C-O zoning district under ACZO §7.13, §15.4.  Property is approximately 152,460 sq. ft.; located at 320 23rd Street South (RPC# 34-020-030).  Applicable Policies: GLUP “High” Office-Apartment-Hotel, Crystal City Coordinated Development District (Note 1), Crystal City Sector Plan.

UPER23-00025 Indira Koirala for family daycare home in the R-6 zoning district under ACZO §5.6 and §15.4.  Property is approximately 7,000 sq. ft.; located at 5880 Arlington Blvd. (RPC# 21-014-008).  Applicable Policies: GLUP “Low” Residential.

UPER23-00027 Ballston Day Care, LLC d/b/a Tierra Encantada for a childcare center for up to 150 children and a parking modification in the C-2 zoning district under ACZO §7.17, §15.4.  Property is approximately 19,824 sq. ft.; located at 3804 Wilson Boulevard (RPC# 20-003-003).  Modifications of zoning ordinance requirements include: modifying the parking requirement and other modifications as necessary to achieve the proposed development plan. Applicable Policies: GLUP “Low-Medium” Residential and Public.

UPER23-00028 Trinity Presbyterian Preschool for a use permit amendment for a childcare center for up to 120 children in the R-8 zoning district under ACZO §5.5 and §15.4. Property is approximately 247,744 sq. ft.; located at 5533 16th St. N. (RPC# 09-028-001, -018).  Applicable Policies: GLUP: “Semi-Public”.

UPER23-00029 Arlington County Department of Human Services for a use permit amendment to allow a dormitory in the RA8-18 zoning district under ACZO §6.3, §15.4 and §14.3.7. Modifications of zoning ordinance requirements include: modification of the parking requirement. Property is approximately 7,619 square feet; located at 1723 Fairfax Drive (RPC #17-024-031). Applicable Policies: GLUP: “Medium” Residential; Fort Myer Heights North Special District.

UPER23-00031 Westover Baptist Church for a preschool for up to 115 children in the R-6 zoning district under ACZO §5.6 and §15.4. Property is approximately 141,395 sq. Ft.; located at 1125 Patrick Henry Dr., (RPC# 09-067-001). Applicable Policies: GLUP “Low” Residential.

THE FOLLOWING ARE USE PERMIT AND SITE PLAN REVIEWS:

FOR ONE YEAR:

SP445-U-22-1  Foxtrot Retail D.C., LLC for a use permit review for an outdoor café in the public right-of-way in the C-O, Mixed-Use zoning district under ACZO §7.13 and §15.4. Located at 1771 N. Pierce St. (RPC# 16-033-025).  Applicable Policies: GLUP “High” Office-Apartment- Hotel; Western Rosslyn Coordinated Redevelopment District (Note #2); Western Rosslyn Area Plan; Rosslyn Sector Plan.

U-3515-18-1 The Children’s School, Inc. for a use permit review for a child care center for up to 235 children in the C-2 zoning district under ACZO §7.17 and §15.4. Property is approximately 19,382 sq. ft.; located at 4770 Langston Blvd. (RPC# 07-006-248). Applicable Policies: GLUP “Low” Residential and Service Commercial.

U-3535-19-1 Goddard School for a use permit review for a childcare center of up to 60 children in the C-1 zoning district under ACZO §7.7 and §15.4. Property is approximately 39,536 sq. ft.; located at 5222 Langston Blvd. (RPC# 08-004-005). Applicable Policies: GLUP Service Commercial.

U-3536-19-1 Goddard School for a use permit review for a childcare center of up to 208 children with parking modifications in the C-O-1.0 zoning district under ACZO §7.10 & §15.4. Property is approximately 19,590 sq. ft.; located at 5328 Langston Blvd.  (RPC# 09-001-028). Applicable Policies: GLUP Service Commercial and “Low” Residential.

U-3618-22-1 National Landing BID for a use permit review to allow an open-air market in the public right-of-way in the C-O-1.5 and M-2 zoning districts under ACZO §7.12., §12.5.17, and §15.4.  Located in the public right-of-way on South Ball Street between 6th Street South and 10th Street South.  Applicable Policies: GLUP “Low” Office-Apartment-Hotel; North Tract Special Planning District (Note #20).

U-3619-22-1 Farjana Akter, Bright Beginnings Home Daycare for a use permit review for a family daycare home for up to 12 children in the R2-7 zoning district under ACZO §5.9, §15.4.  Property is approximately 3,082 sq. ft.; located at 5614 7th Pl. S., (RPC# 22-007-011).  Applicable Policies: GLUP “Low” Residential .

U-3621-22-1 Maria Vogelei, The Village School for a use permit review for a Private School for up to 60 children in the R-6 zoning district under ACZO §5.6, §14.3.7. C.2 & §15.4.  Property is approximately 37,020 sq. ft.; located at 6201 Washington Blvd. (RPC# 11-032-011).  Applicable Policies: GLUP “Low” Residential.

SP440-U-21-1 Silver Diner Development, LLC for a use permit review for an outdoor café within the public right of way in the RA4.8 zoning district under ACZO §7.2, and §15.4. Property is approximately 121,574 sq. ft.; located at 750 N. Glebe Road (RPC# 13-017-001; -002; -003; -009; -010; -012; -014; -015; -0016; -017). Applicable Policies: GLUP “High-Medium” Residential Mixed-Use.

FOR THREE YEARS:

SP #39 and SP #419 Diplomatic Language Services for a site plan amendment review for the conversion of office space to school use in the C-O/C-O-ROSSLYN zoning district under ACZO §7.13, §7.15, and §15.5. Property is approximately 28,908 sq. ft.; located at 1901 N. Fort Myer Dr. (RPC# 16-020-001). Applicable Policies: GLUP “High” Office-Apartment-Hotel; Rosslyn Coordinated Redevelopment District (Note 15).

U-3349-15-3 El Salvador Restaurant use permit review for live entertainment and dancing in the C-2 zoning district under ACZO §7.17 and §15.4.  Property is approximately 48,942 sq. ft.; located at 4805 Columbia Pike (RPC# 23-006-001).  Applicable Policies: GLUP Service Commercial; “Columbia Pike Special Revitalization District” (Note 8).

Kendra Jacobs, Clerk to the County Board

Publication dates June 20 & 27, 2023